The only Central heads recalled were Omegas and that sunsetted (regarding liability) years ago. The Tyco GB (flat cap only--not the current GB with belleville spring cap), and inherited from Central after its purchase by Tyco, was under a voluntary recall that expired 8-1-07. The heads themselves are still recalled but Tyco, according to the terms of their VRP are no longer liable. Liability of ownership always rests with the owner unless transferred by some agreement, as was the case under the VRP (pending its sunset clause), until ownership, and liability, is transferred back to the property owner. The AHJ does not own the property, accepted no transfer of liability, and so is never the liable party. Of course I'm just a wanna be lawyer that's read a little law and he should check with his jurisdictional counsel. With Omega CPSC required the replacement at Central's expense, whereas with GBs Tyco headed off regulatory control by agreeing to a voluntary acceptable to CPSC so as to have better control over the associated costs. In many states the fire marshal's office took on a responsibility to help educate the public regarding the recall and Tyco worked extensively to get the word out. Because the fire service assisted in advertising the problem would in no way transfer liability to them. And insurance companies are profit industries and like to acquire money, not pay it out, so it's likel;y that all would deny claims if they know about the recall and can show the heads were not recalled. Then there's lawyers who would name my dog as a contributing party in a law suit if they thought they could squeeze any money out of her. And insurance companies have a lot of money. I know one institution very close to me that regularly settles questionable claims rather than go to court just because the court fees would exceded the settlement. There's one lawyer that feeds of this toxic slop bowl whenever he has a summer house payment to make.
On Fri, Feb 17, 2012 at 7:30 AM, Greg McGahan <[email protected]> wrote: > Can anyone update me on the following questions (brought to me via a > concerned AHJ): > > 1) The Central Head recall is voluntary - still ? > 2) If the recalled heads are not replaced - who is liable in the event of > an event? The AHJ for not requiring the change? > 3) Did a lot of insurance companies require head replacement? > > Thanks for the help...evidently there is a local competitor that has found > some and is telling the owner that the Head Replacement is mandatory and > MUST be performed immediately. > > Greg > > -- > Greg McGahan > Living Water Fire Protection, LLC <http://www.livingwaterfp.com> > 1160 McKenzie Road > Cantonment, FL 32533 > 850-937-1850 > fax 850-937-1852 > -------------- next part -------------- > An HTML attachment was scrubbed... > URL: < > http://fireball.firesprinkler.org/mailman/private/sprinklerforum/attachments/20120217/f4946139/attachment.html > > > _______________________________________________ > Sprinklerforum mailing list > [email protected] > http://fireball.firesprinkler.org/mailman/listinfo/sprinklerforum > -- Ron Greenman Instructor Fire Protection Engineering Technology Bates Technical College 1101 So. Yakima Ave. Tacoma, WA 98405 [email protected] http://www.bates.ctc.edu/fireprotection/ 253.680.7346 253.576.9700 (cell) Member: ASEE, SFPE, ASCET, NFPA, AFSA, NFSA, AFAA, NIBS, WSAFM, WFC They are happy men whose natures sort with their vocations. -Francis Bacon, essayist, philosopher, and statesman (1561-1626) -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://fireball.firesprinkler.org/mailman/private/sprinklerforum/attachments/20120217/40c21821/attachment.html> _______________________________________________ Sprinklerforum mailing list [email protected] http://fireball.firesprinkler.org/mailman/listinfo/sprinklerforum
