So a corollary would be - do you declare your previous jobs to be unsafe or
somehow not acceptable if a new code or standard is published?  Do you
notify your previous customers about this? Somehow I think you don't.  All
in all, designing in accordance with adopted codes and standards is a
defensible standard of care in my opinion.  Otherwise, where do you go to
search out the safest code approach?  Another city, another state, another
country?

Bill Brooks
AFSA Member

-----Original Message-----
From: Sprinklerforum [mailto:[email protected]]
On Behalf Of [email protected]
Sent: Friday, April 03, 2015 12:07 PM
To: [email protected]
Subject: RE: ignoring new standard requirements 

Thank you all for your response and input.

Mark hit the nail on the head for what I was driving at regarding the PE's
obligation to society, and how one would deal with this kind of problem.  If
I'm not mistaken, your code of conduct requires you to lookout for welfare
and safety of society.  You can only do that by basing your design on the
most current information.  But if an AHJ doesn't require the newest codes,
whether more stringent or less as many have pointed out, then as a
subcontractor you may be pricing yourself out of a competitive bid.  So you
are stuck with the dilemma...meet the code of conduct, or ignore the latest
requirements to compete with other subcontractors so you can put food on
your plate.

Going all dramatic here...but which is the lesser of two evils.  Has anyone
heard of a legal case involving this type of scenario and what the outcome
was?  

                                          Thanks,

Sean Van Gaal

-----Original Message-----
From: Sprinklerforum [mailto:[email protected]]
On Behalf Of Mark A. Sornsin, P.E.
Sent: Friday, April 03, 2015 8:00 AM
To: [email protected]
Subject: RE: ignoring new standard requirements 

My favorite example of this conundrum goes back to the transition to the
requirement in 13 for the use of QR sprinklers in Light Hazard, and the
reduction in design area allowed by their use.  I believe this occurred in
the '96 edition - whatever, our local codes were following earlier editions
of 13.  So when the engineer specifies to design to the latest edition of
NFPA 13 and follow state and local codes, what do you do? QR sprinklers at
the time were more expensive; but you could get the reduced design area,
which could save money. Meanwhile, since the most recent edition of 13
called for their use, it was implied that QR was superior protection to
standard response in Light Hazard occupancies.

Galen's response make the most sense, but in my example, we were a
contractor competing for a job as a sub-contractor to mechanical - or maybe
sub- to a sub- of the general. No one cared about such an issue during
bidding. If you won the job, no one was going to listen to your esoteric
discussion about the benefits of QR sprinklers unless you were willing to
give a deduct change order. It was more difficult after receiving my PE,
when I became professionally obligated (not just morally) to provide the
best system for our customer.

The QR issue was relatively minor and I am certain no one suffered injury
because our local codes didn't adopt the latest version of 13 at that time.
But it highlights the challenge and emphasizes a common point on this forum:
engineers of record need to be more engaged in and take more responsibility
for the fire suppression aspect of their job. And if the opportunity is
available to contractors (with or without PEs on staff), they should take
Galen's advice and propose alternative designs based on the latest
standards.

Mark A. Sornsin, P.E. | Karges-Faulconbridge, Inc. | Fire Protection
Engineer | Fargo, ND | direct: 701.552.9905 | mobile: 701.371.5759 |
http://www.kfiengineers.com

-----Original Message-----
From: Sprinklerforum [mailto:[email protected]]
On Behalf Of [email protected]
Sent: Thursday, April 02, 2015 7:11 PM
To: [email protected]
Subject: ignoring new standard requirements

I'm sorry for my grammar and autocorrect as this is coming from my phone.

How does the forum feel about ignoring the more stringent requirements of
the most current NFPA standards all because the AHJ hasn't adopted the
latest year?  As the standards have evolved with each new addition, they
typically try to clarify murky wording of past standards, expand on topics,
or add/change requirements based on the latest and greatest tests.  So
should we be purposely designing and installing and inferior product that
more times than not is less safe just because the AHJ hasn't adopted the
latest design guidelines.  I've heard sometimes the AHJ doesn't adopt the
new standard simply due to the financial impact of republishing their
amendments and not merely because they don't agree.  To me it seems
morally/ethically wrong but I may just be on my high horse today.

Thoughts?



Sent from my iPhone
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