And the fire official is the arbiter of whether or not the individuals' qualifications are adequate...? If so then it should be pretty slam dunk. The State requires expertise, the expertise has to be demonstrated to the satisfaction of the local authority, the owner or his representative may do the work by satisfying these requirements. There is a provision within the law that allows you to inspect your own property so that is not arbitrary or capricious. From what little I know of the law (Constitutional, not necessarily Georgian, although Georgia must comply with the Constitution or replay that unpleasantness of the mid Nineteenth Century, the first thing this guy will have to prove is that he is subject to an arbitrary and capricious standard. A factor would be whether the items you quoted were in Georgia's revised code, and therefore legislated statute, or from the administrative code. If the latter then who decided on these particular provisions and what public input was allowed. Again, I'm no longer and I'm sure there are millions of nuances and details in the law that I'm overlooking, and where the devil resides.
I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical. Unsuccessful rebellions, indeed, generally establish the encroachments on the rights of the people which have produced them. An observation of this truth should render honest republican governors so mild in their punishment of rebellions as not to discourage them too much. It is a medicine necessary for the sound health of government. Thomas Jefferson in a letter to James Madison, dated 30 January, 1787, following the end of Shay's Rebellion. On Wed, Dec 23, 2009 at 12:52 PM, Bobby McCullough <[email protected]> wrote: > The property manager / owner is attempting to inspect their own building and > this doesn't set well with the local fire official. The State allows this as > shown below. The regulations also require the system be tagged, and the tags > are required to be listed with a State licensed Certificate of Competency > holder. I don't know how the owner will get by this. > > David: GA doesn't require the public employee inspectors to meet NICET > requirements. > > >From GA Regulations: > (2) Representatives of the building owner shall indicate in writing to the > Authority Having Jurisdiction their intent to do such inspections and shall > provide to the Authority Having Jurisdiction proof of knowledge and expertise > pertaining to the systems to be inspected by providing: > (a) the name and physical location of the facility/facilities to be tested, > inspected and maintained by the owner's representative(s); > (b) the names and qualifications of the individual(s) conducting such > inspections, testing and maintenance which shall be submitted to the > Commissioner for evaluation; > (c) the qualifications for each such individual which shall be set forth in > as much detail as possible, including but not limited to, an exacting and > detailed outline of their qualifications with dates, type and length of > related experience; > (d) resumes prepared by each such individual including a statement describing > and setting forth their personal qualifications to do the inspections, > testing and maintenance; and, > (e) a detailed description of each such individual's knowledge of NFPA-25. > > Bobby McCullough > > > -----Original Message----- > From: [email protected] > [mailto:[email protected]] On Behalf Of David de Vries > Sent: Wednesday, December 23, 2009 11:57 AM > To: [email protected] > Subject: RE: City of Canton/Sprinkler Inspection > > Here in Illinois periodic inspections/tests of sprinkler systems must be done > by an individual certifed as NICET II in sprinkler inspection or a journeyman > sprinkler fitter. The fire prevention bureau inspectors/marshals are exempt > from this requirement. I would be surprised if Georgia required public > employee inspectors to be NICET III. > > Dave > > David A. de Vries, P.E., CSP > Firetech Engineering Incorporated > > > > --- On Wed, 12/23/09, Matthew J. Willis <[email protected]> wrote: > > > From: Matthew J. Willis <[email protected]> > Subject: RE: City of Canton/Sprinkler Inspection > To: [email protected] > Date: Wednesday, December 23, 2009, 9:02 AM > > > Bobby, what exactly is being challenged? Does the property owner want to > certify it themselves, or have the brother-in-law do it? Or is the fact that > Georgia requires it to be done? > > R/ > Matt > > > Matthew J. Willis, CET > Automatic Fire Sprinklers > Norred Fire Systems L.L.C. > 318-387-1134 Voice > 318-387-1163 Facsimile > [email protected] > -----Original Message----- > From: [email protected] > [mailto:[email protected]] On Behalf Of Bobby > McCullough > Sent: Wednesday, December 23, 2009 8:35 AM > To: [email protected] > Subject: FW: City of Canton/Sprinkler Inspection > Importance: High > > Merry Christmas to all! > > I received this today. Has anyone already fought this battle? > > Bobby McCullough > Atlanta Sprinkler Inspection > [email protected] > > > > > From: Ben Lohman [mailto:[email protected]] > Subject: City of Canton/Sprinkler Inspection > > If you would send this message out to the GFIA ....Like to encourage all > members to attend. > > A property owner/manager has challenged the requirements of the State of > Georgia (Georgia Fire Laws and Regulations, Title 25) which states, one must > have the experience, have worked for a definite time period for a Licensed > Sprinkler firm, and have passed a NICET level 3 test, before you can certify > a sprinkler system. This will be a landmark decision if decided in favor > of the defendant. This could result in legal challenges to every Fire > department in the Great State of Georgia. We, as Fire Inspectors do not need > any unnecessary challenges to do our job especially dealing with the > operation of a sprinkler system in a life safety situation. The Annual > inspection and re-certification of Sprinkler systems is critical, with most > businesses trying to tighten up their bottom line, its not a welcome > expense, but must be maintained if the business is to remain open. > > The court date for the Motion Hearing is slated for January 15, 2010, at the > Canton City Hall Municipal Court... > > > > _______________________________________________ > Sprinklerforum mailing list > [email protected] > http://fireball.firesprinkler.org/mailman/listinfo/sprinklerforum > > For Technical Assistance, send an email to: [email protected] > > To Unsubscribe, send an email to:[email protected] > (Put the word unsubscribe in the subject field) > -- Ron Greenman Instructor Fire Protection Engineering Bates Technical College Tacoma, WA Member: SFPE, ASCET, NFPA, AFSA, NFSA AFAA, WSAFM _______________________________________________ Sprinklerforum mailing list [email protected] http://fireball.firesprinkler.org/mailman/listinfo/sprinklerforum For Technical Assistance, send an email to: [email protected] To Unsubscribe, send an email to:[email protected] (Put the word unsubscribe in the subject field)
