Hello Matthew,

I think Texas also does something like this. I know they do for Fire
Alarm Systems.  I wish they would do something like that out here.

Friday, May 4, 2007, 9:41:29 AM, you wrote:

> John, check out Georgia's tagging system. There are some who will
> get up in arms it, but I think it is very effective. Basically, you
> have a green tag for all good, yellow for a 25 defeciency, and red for OOC or 
> impairment.
>    
>   Initially it was stated the owner had 24 hours to notify the AHJ
> of a red tag, and that it was a "good" idea for the contractor to
> notifiy the AHJ. Now it states the contractor will notify the AHJ as
> well. Would you believe some owners didn't call it in? It also
> serves as a nice visual indicator to code officials when they look at the 
> System Riser.
>    
>   R/
>   Matt

> John Drucker <[EMAIL PROTECTED]> wrote:
>   Todd,

> Normally we don't hear about these matters because the sprinkler contractor
> finds the problem, calls the owner, gets authorization to repair, makes the
> repair, end of subject. 

> What I'm addressing is when a contractor does not get authorization to make
> repairs. Something the fire code typically requires to be done within 24
> hours. Its those situations when the repairs are not made that AHJ
> notification is to occur.

> PS, most property owners don't need the fire code to tell them that right
> thing to do is maintain their sprinkler system in 100% operational order.
> Then again there are those that do. I'm addressing the latter.

> John 

> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] On Behalf Of Todd Williams
> - work
> Sent: Friday, May 04, 2007 8:00 AM
> To: [email protected]
> Subject: RE: Article on Sprinkler Recall

> If it were my property owner and a dangerous condition was pointed 
> out to me, I would want the chance to remedy it without it 
> necessarily becoming an enforcement issue. Enforcement should only be 
> for those who won't voluntarily comply.


> At 07:38 AM 5/4/2007, you wrote:
>>But lets face it a letter to the government AHJ does more then simply
>>"notify someone". This notification unlike any other will result in the
>>"responsible" party being compelled to resolve the issue, which mitigates
>>the hazard, which reduces the chance of litigation, which protects
> property,
>>which saves lives !
>>
>>Check with your attorney ask him/her if that makes sense, ask him/her if a
>>reasonable person would consider it prudent to notify the authority of
>>jurisdiction responsible for public safety whenever a condition arose that
>>could endanger that safety.
>>
>>If uncommon sense doesn't compel someone we have the Fire Codes reporting
>>and notification requirements and the legal doctrines of ones duty of care
>>and duty to act.
>>
>>Yours in Fire Safety
>>
>>John Drucker
>>
>>
>>-----Original Message-----
>>From: [EMAIL PROTECTED]
>>[mailto:[EMAIL PROTECTED] On Behalf Of Todd
> Williams
>>- work
>>Sent: Thursday, May 03, 2007 11:29 PM
>>To: [email protected]
>>Subject: RE: Article on Sprinkler Recall
>>
>>George,
>>
>>I would think that any professional, be it contractor, designer or
>>whatever, who does not notify someone,(I opt for the owner, because
>>they have a certain responsibility) of a dangerous condition they are
>>aware of, could bear some responsibility if that condition leads to a
>>loss. It may be criminal or civil, but the issue remains. I tend to
>>equate them because they both involve something I don't like to
>>do....give lawyers money. A letter to a building owner, which should
>>take no more than 10 minutes to write, could save a lot of headaches
>>down the road. Well worth the investment, IMHO.
>>
>>
>>At 12:45 PM 5/3/2007, you wrote:
>> >While I'll certainly agree it's the right thing to do, I vehemently
>>disagree
>> >that the sprinkler industry- at least we dumb installing contractors-
> have
>>a
>> >legal or fiduciary duty to contact a fire official.
>> >
>> >I believe there is a higher standard for registered design professionals;
>> >but we work for the building owner in many cases, but we are in no way,
>> >shape or form obligated by any law I'm aware of to act as an enforcement
>> >entity, or snitch.
>> >
>> >That's NOT to say that a widow's lawyer wouldn't drag us in and state
> that
>> >we should have recognized a clear and present danger, and taken action- I
>> >just never heard of any legal requirement.
>> >
>> >Has anyone else heard of such a requirement, or case law (outside Calif)
>> >where a contractor was liable for not contacting an enforcement agency?
>> >
>> >Can you imagine an auto mechanic being charged with contributing to
>> >manslaughter if someone drove in, asked him to check their brakes, he
>> >discovers they are defective, the car owner refuses to allow him to fix
>> >them, and drives off- and the mechanic doesn't call the police and give
>> >licenses number, let alone follow in pursuit so as to be able to guide
> the
>> >police to the "escaping" vehicle? If this were the case, there would be
>> >standards requiring mechanics be located in areas with cel reception,
> have
>> >cel phones with charged batteries at the ready, and a pursuit vehicle
>>parked
>> >so as to allow ready exit to pursue.
>> >
>> >Anyone aware of a parallel in sprinkler contracting?
>> >
>> >George Church
>> >Rowe Sprinkler
>> >
>> >-----Original Message-----
>> >From: [EMAIL PROTECTED]
>> >[mailto:[EMAIL PROTECTED] On Behalf Of John
> Drucker
>> >Sent: Thursday, May 03, 2007 11:23 AM
>> >To: [email protected]
>> >Subject: RE: Article on Sprinkler Recall
>> >
>> >Todd,
>> >
>> >Its really quite simple. Notify your local fire official (AHJ) in
>> >writing of any known fire sprinkler systems where the replacement of
>> >sprinkler heads effected by the recall has not been accomplished. The
>> >sprinkler industry has a duty of care and fire officials have a duty to
>> >act.
>> >
>> >Besides all that it's the right thing to do. The last thing the
>> >sprinkler industry needs is a fire loss due to defective product where
>> >the integrity of the industry and fire sprinkler systems in general is
>> >brought into question. Lets seize this opportunity before it slips away.
>> >
>> >Yours in fire safety
>> >
>> >John Drucker
>> >
>> >
>> >-----Original Message-----
>> >From: [EMAIL PROTECTED]
>> >[mailto:[EMAIL PROTECTED] On Behalf Of Todd
>> >Williams - work
>> >Sent: Wednesday, May 02, 2007 8:27 PM
>> >To: [email protected]
>> >Subject: RE: Article on Sprinkler Recall
>> >
>> >I think it's incumbent on everyone to notify a building owner of the
>> >presence of sprinklers under recall. However, the "failing to take such
>> >action to remedy" almost sounds like we all have to carry boxes of
>> >replacement sprinklers wherever we go and change any recalled heads we
>> >see. As an Engineer, I would think my responsibility would be to notify
>> >the proper entities (owners, franchisers, etc) of the condition and then
>> >it is up to them to remedy. I have done this in the past in a hotel I
>> >was staying in and the sprinklers were changed.
>> >The criminal offense would (or should) be an owner knowingly allowing a
>> >dangerous condition to exist. If, as John states, having knowledge of
>> >such a condition and failing to take action (beyond notification) is a
>> >criminal offence, then I'm turning in my PE and getting a Snapple route.
>> >
>> >
>> >At 06:53 PM 5/2/2007, you wrote:
>> > >Or the AHJ's. Having knowledge of a condition which may jeopardize the
>> >
>> > >health safety and welfare of persons including firefighters and failing
>> >
>> > >to take such action to remedy such conditions in a timely manner which
>> > >ultimately results in an injury or death is a criminal offense. Tyco,
>> > >likewise sprinkler contractors, should in their own interest turn over
>> > >such records to the proper authorities so that enforcement action can
>> > >be commenced.
>> > >
>> > >John Drucker
>> > >Fire Protection Subcode Official (AHJ)
>> > >Borough of Red Bank, NJ
>> > >
>> > >-----Original Message-----
>> > >From: [EMAIL PROTECTED]
>> > >[mailto:[EMAIL PROTECTED] On Behalf Of
>> > >[EMAIL PROTECTED]
>> > >Sent: Wednesday, May 02, 2007 3:59 PM
>> > >To: [email protected]
>> > >Subject: RE: Article on Sprinkler Recall
>> > >
>> > >While working for TYCO it was surprising how many owners who knew about
>> >
>> > >the recall would put us off and reschedule and reschedule their change
>> > >outs. It wasn't convenient and they just didn't want to fool with it.
>> > >Even though they knew the risk. I can totally see why TYCO would want
>> > >to see an end to it. If owners hadn't scheduled their replacement by
>> > >now they either don't care, can't schedule a convenient time, or have
>> > >not had their systems inspected properly for years so they don't know
>> > >what they have. We had plenty of people call us for inspections when
>> > >the news first came out, just to make sure they didn't have the
>> > >sprinklers installed. But then the concern for the matter waned.
>> > >Convenience was probably the biggest reason for not getting it done.
>> > >I'd hate to be the owner who knew about it and didn't get it done and
>> > >then have a fire incident. I wonder what the insurance companies would
>> > >say about that, let alone the lawyers. Oi Vey!
>> > >
>> > >
>> > >
>> > >Craig L. Prahl, CET
>> > >Fire Protection Group
>> > >Mechanical Department
>> > >CH2MHILL
>> > >Lockwood Greene
>> > >1500 International Drive
>> > >PO Box 491, Spartanburg, SC 29304-0491 Direct - 864.599.4102 Fax -
>> > >864.599.8439 [EMAIL PROTECTED] http://www.lg.com
>> > >
>> > >
>> > >-----Original Message-----
>> > >From: [EMAIL PROTECTED]
>> > >[mailto:[EMAIL PROTECTED] On Behalf Of Rod
>> > >DiBona
>> > >Sent: Wednesday, May 02, 2007 3:02 PM
>> > >To: [email protected]
>> > >Subject: RE: Article on Sprinkler Recall
>> > >
>> > >Thanks George,
>> > >
>> > >I can sympathize with Tyco not wanting this thing to drag on
>> >indefinitly
>> > >but the fact is that this could be very bad for our industry.
>> >Inevitably
>> > >there will be more sprinklers with potential problems left in place
>> > >because of this decision and at the end of the day a higher percentage
>> > >of possible failures. In the long run I don't believe that this puts
>> >any
>> > >of us in a better situation....including Tyco.
>> > >
>> > >Rod DiBona
>> > >Rapid Fire
>> > >
>> > >-----Original Message-----
>> > >From: [EMAIL PROTECTED]
>> > >[mailto:[EMAIL PROTECTED] On Behalf Of George
>> > >Church
>> > >Sent: Wednesday, May 02, 2007 10:24 AM
>> > >To: [email protected]
>> > >Subject: RE: Article on Sprinkler Recall
>> > >
>> > >Recalling a Recall
>> > >Federal Agency Ends Callback
>> > >Of Faulty Fire Sprinklers
>> > >In First-Ever Reversal
>> > >By CHRISTOPHER CONKEY
>> > >May 1, 2007; Page D1
>> > >
>> > >Almost every day, the Consumer Product Safety Commission initiates a
>> > >recall of a snowmobile, battery or other product seen as a safety
>> > >hazard. Today, it will announce for the first time that it is doing
>> >just
>> > >the opposite: ending a recall despite millions of faulty units still in
>> > >use.
>> > >
>> > >
>> > >In 2001, following reports that some fire sprinklers made by Central
>> > >Sprinkler Co. failed to work during fires, the CPSC negotiated a
>> >massive
>> > >recall of 35 million sprinkler heads used in apartments, schools,
>> > >hospitals and other commercial buildings. New Jersey-based Tyco
>> > >International, which acquired Central Sprinkler, agreed to pay for
>> > >replacement parts and the labor to install them.
>> > >
>> > >Many of the bad sprinkler heads have since been replaced, and Tyco says
>> > >it may spend $500 million on the effort, likely making it the most
>> > >expensive recall in CPSC history. But there are still roughly 13
>> >million
>> > >potentially dangerous units in use, either because building managers
>> > >don't know about the recall or haven't yet taken action. Now, the
>> >agency
>> > >says it will end the sprinkler recall in four months, hoping that the
>> > >finality of a deadline and one last wave of publicity will prod the
>> > >remainder to sign up.
>> > >
>> > >The decision, which will relieve Tyco of having to pay for replacements
>> > >and labor if building managers don't apply by the Aug. 31 deadline, is
>> >a
>> > >bit of an experiment by the CPSC, and it shows how the agency is
>> > >wrestling with some tough questions: How can it make recalls more
>> > >effective, and will more people take advantage of recalls if the time
>> > >period for doing so is shortened?
>> > >
>> > >Recalls, such as a recent one concerning tainted pet food, are
>> > >occasionally big news, but most come and go with little notice by
>> > >consumers. For some time, the CPSC, which examines the broadest
>> >spectrum
>> > >of consumer products that aren't food, drugs or cars, has been
>> > >struggling to find ways to change that.
>> > >
>> > >In 2003, the three-member commission considered a petition from safety
>> > >advocates that would have required manufacturers to include
>> > >contact-information cards with products, enabling them to directly
>> > >notify some consumers of a recall. The proposal was similar to one long
>> > >mandated for makers of child safety seats by the National Highway
>> > >Traffic Safety Administration. That requirement, a 2002 NHTSA study
>> > >found, resulted in higher product-registration and recall-participation
>> > >rates.
>> > >
>> > >Ultimately, two CPSC commissioners voted against the
>> >contact-information
>> > >card proposal on the grounds that it was vague, costly and unlikely to
>> > >have a major impact; another commissioner essentially voted for the
>> > >petition because he felt the issue deserved more attention. At the
>> >time,
>> > >CPSC Chairman Hal Stratton, who voted against the proposal, said a
>> > >"comprehensive" review of recall effectiveness was under way and a
>> >major
>> > >study would be concluded in 2004.
>> > >
>> > >Yesterday, CPSC spokeswoman Julie Vallese said that the review cited by
>> > >Mr.
>> > >Stratton, who left the agency last year, is continuing and the
>> > >commission is exploring ways to use technology to improve outreach to
>> > >consumers. She cited a recent CPSC move to allow consumers to receive
>> > >email notices when products they care about are recalled. "The agency
>> >is
>> > >always trying to find new and effective ways to reach out to
>> >consumers,"
>> > >she says.
>> > >
>> > >In the sprinkler case, the agency's decision to grant Tyco's request to
>> > >end the recall represents a calculated gamble that more building
>> > >managers will hear about the recall and act on it sooner if a deadline
>> > >is in place than if the program were to continue indefinitely. Many
>> > >superintendents inspected their sprinklers and signed up for the recall
>> > >in the two years after it was announced, but the pace has slowed in
>> > >recent years.
>> > >
>> > >"Whoever hasn't participated, we want them to act now," says Howard
>> > >Tarnoff, the CPSC attorney who is handling the sprinkler case. "We
>> >think
>> > >there's going to be a surge."
>> > >
>> > >Tyco thinks this is a good way to proceed, too. "Because of the pattern
>> > >of responses having dropped off ... we want to give one final push,"
>> > >says Anne Buchanan, a spokeswoman for Tyco Fire & Building Products.
>> >"We
>> > >encourage all building and homeowners to check to see if they have
>> >these
>> > >affected sprinklers and are eligible for free replacement."
>> > >
>> > >
>> > >But the CPSC's decision also carries the risk that some building
>> > >managers won't hear about the recall or take action by the deadline. It
>> > >will also test the ability of fire marshals, distributors and others
>> > >involved in identifying sprinkler systems that need to be replaced.
>> > >
>> > >Washington state's fire marshal office has been particularly aggressive
>> > >in its efforts to get faulty systems changed out. The office secured
>> > >money to pay for two deputy fire marshals to scour the state looking
>> >for
>> > >buildings still using the problematic systems. So far, according to
>> > >Anjela Foster, assistant state fire marshal, they have located 800,000
>> > >sprinkler heads in need of replacement.
>> > >
>> > >But that's only "pretty close to the halfway point," Ms. Foster says.
>> > >She estimates there are roughly two million defective sprinklers in
>> >need
>> > >of replacement and it will take five years to get them all replaced.
>> >"If
>> > >the recall ended, the effect to us would obviously be people wouldn't
>> >be
>> > >able to turn in claims," she says. "We would like to have enough time
>> >to
>> > >get into the remaining facilities."
>> > >
>> > >_______________________________________________
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>> >
>> >Todd G. Williams, PE
>> >Fire Protection Design/Consulting
>> >Stonington, Connecticut
>> >860-535-2080
>> >www.fpdc.com
>> >
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>>Todd G. Williams, PE
>>Fire Protection Design/Consulting
>>Stonington, Connecticut
>>860-535-2080
>>www.fpdc.com
>>
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> Todd G. Williams, PE
> Fire Protection Design/Consulting
> Stonington, Connecticut
> 860-535-2080
> www.fpdc.com 

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-- 
Best regards,
 Charles                            mailto:[EMAIL PROTECTED]

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