This issue is certainly one of the thorniest we have to deal with. I personally don’t prescribe to the “I see nothing” approach, because when you are being deposed at trial for a fire loss the answer “the code told me not to look at that” isn’t very compelling to the jury after the lawyer responds with “But aren’t you an expert in this field?”
I think NFPA 25 handles this issue acceptably if you really stick to the code language. 4.1.7 in the 2023 edition says that when conditions that affect the installation criteria are identified the owner shall have the system evaluated. This is a powerful piece of liability protection as long as you use it to identify the general area only, and then notify the owner of their responsibility to evaluate it more thoroughly. An example letter could be: During our NFPA 25 inspection we noticed that (area of concern) may not be properly protected in accordance with the original installation criteria. We recommend that you have this area evaluated by a qualified design professional to confirm if any system modifications or corrections are required. Please note that the technician who performed this inspection is not qualified to determine if any specific corrective action is required, so please contact us if you would like a more thorough review of the area before pursuing a formal evaluation. This letter gives you a paper trail of owner notification in the event of a fire, it protects your field staff by clarifying their level of qualification, and it opens an avenue for the owner to hire you for additional services outside the scope of NFPA 25. Win-Win. Disclaimer: I am not a lawyer, and this advice is just my personal opinion on how to potentially handle this difficult situation. Hope this helps! Eric Rieve, SET Rieve Fire Protection From: David Williams <[email protected]> Sent: Monday, December 23, 2024 10:23 AM To: Discussion list on issues relating to automatic fire sprinklers <[email protected]> Subject: [Sprinklerforum] Re: Unprotected areas Agreed…contract language and type of license makes a difference. I just hate to see “I see nothing” as a blanket statement with Life Safety systems. [Icon Description automatically generated] DAVID WILLIAMS, PE, FPE Senior Mechanical / Fire Protection Engineer LHBcorp.com<https://www.lhbcorp.com/> | PERFORMANCE DRIVEN DESIGN See LHBcorp.com for states of licensure. From: Brett Peters <[email protected]<mailto:[email protected]>> Date: Monday, December 23, 2024 at 10:20 AM To: Discussion list on issues relating to automatic fire sprinklers <[email protected]<mailto:[email protected]>> Subject: [Sprinklerforum] Re: Unprotected areas I think that is partially what the debate is about, the people performing these inspection are sprinkler fitters and/or technicians, they don’t hold an engineer’s license and saying anything outside their expertise can actually get them in trouble. That’s why it’s important that you stay within the guidelines of NFPA 25 when performing these inspections, they are not inspecting the property from the perspective of an engineer On Mon, Dec 23, 2024 at 8:12 AM David Williams <[email protected]<mailto:[email protected]>> wrote: If you hold a PE/FPE license, you are likely to be required to report unsafe conditions as part of your license as protecting the public is part and parcel of such a license to prevent getting pulled up in front of the licensing board for an ethics violation. [Icon Description automatically generated] DAVID WILLIAMS, PE, FPE Senior Mechanical / Fire Protection Engineer LHBcorp.com<https://www.lhbcorp.com/> | PERFORMANCE DRIVEN DESIGN See LHBcorp.com for states of licensure. From: John Denhardt <[email protected]<mailto:[email protected]>> Date: Sunday, December 22, 2024 at 8:51 PM To: Discussion list on issues relating to automatic fire sprinklers <[email protected]<mailto:[email protected]>> Subject: [Sprinklerforum] Re: Unprotected areas If you are performing a NFPA 25 inspection, stay in you lane. Only do what the standard states and your contract requires. Thanks, John John August Denhardt, P.E Vice President Engineering and Technical Services American Fire Sprinkler Association 301-343-1457 Are you a member with a technical question? Don't forget one of the most valuable resources that AFSA provides is Technical Reviews by our Technical Services Department. It’s like having an FPE on your staff. Visit www.firesprinkler.org/technicalreview<https://www.firesprinkler.org/technicalreview> to submit a question today! (Member login required.) On Dec 22, 2024, at 20:40, Dominick Kasmauskas <[email protected]<mailto:[email protected]>> wrote: You don't often get email from [email protected]<mailto:[email protected]>. Learn why this is important<https://aka.ms/LearnAboutSenderIdentification> https://caselaw.findlaw.com/court/nj-supreme-court/1677993.html “Stay in your lane.” IMHO. Dominick Kasmauskas Legislative Consultant American Fire Sprinkler Association (AFSA) 518.937.4790 Kingsport, TN www.FireSprinkler.org<http://www.FireSprinkler.org> On Sun, Dec 22, 2024 at 20:34 Fpdcdesign <[email protected]<mailto:[email protected]>> wrote: So what is worse, liability for operating outside a standard or the liability for not reporting a dangerous even if it is outside of that standard? Todd Williams Fire Protection Design/Consulting Stonington, CT 860-608-4559 On Dec 22, 2024 at 8:19 PM, <Matthew Willis1<mailto:[email protected]>> wrote: That is why we operate as Technicians, with predescribed action all written out for us. Diligence dictates we cry foul for sure. Just note as an observation. The NFPA 25 report is not the plcae for it. Now, this is a bit different in LA. One of the states I worked in as an NFPA 25 inspector. LA is a life safety state. So, we are Life Safety Inspectors. There are clear Negligence, and Gross Negligence requirements in obtaining the State License. But in the end, operating outside of the adopted, predescribed standard, is a dangerous liability walk I do not care to take. R/ Matt Matthew J. Willis, C.E.T. Ferguson Fire Design, LLC D: (602) 337-0721<http://(602)%20337-0721> C: (307) 236-8249<http://(307)%20236-8249> [email protected]<mailto:[email protected]> ________________________________ From: Fpdcdesign <[email protected]<mailto:[email protected]>> Sent: Sunday, December 22, 2024 8:14 PM To: Discussion list on issues relating to automatic fire sprinklers <[email protected]<mailto:[email protected]>> Subject: [Sprinklerforum] Re: Unprotected areas Caution: This email originated from outside of the organization. DO NOT click links or open attachments unless you recognize and trust the sender. ________________________________ I understand the requirements and limitations of 25. But let me ask this. If the inspector notices and obvious problem that is outside of 25 and does not report it. If a fire occurs that is caused or exacerbated by the problem that he noticed but did not report, what liability does he have. As a PE, if I notice a dangerous condition and do not reported, I can be held liable. Todd Williams Fire Protection Design/Consulting Stonington, CT 860-608-4559 On Dec 22, 2024 at 7:57 PM, <Matthew Willis1<mailto:[email protected]>> wrote: Guys, this is a losing battle with Mike. He vents about how crappy our jobs are on other social media. It's a shame, I used to like corresponding with him. Mike, since our industry is so bad, and you are clearly making bank with your current position, might I suggest: https://www.petforums.co.uk/forums/dog-walking.85/ [https://images.platforum.cloud/logos/petforums_co_uk_profile.png]<https://www.petforums.co.uk/forums/dog-walking.85/> Dog Walking - UK Pet Forums Forum<https://www.petforums.co.uk/forums/dog-walking.85/> Discuss everything regarding dog walking, from places to walk your dog, to help and advice in starting your own dog walking business. www.petforums.co.uk<http://www.petforums.co.uk> R/ Matt Matthew J. Willis, C.E.T. Ferguson Fire Design, LLC D: [(602)%20337-0721](602) 337-0721 C: [(307)%20236-8249](307) 236-8249 [email protected]<mailto:[email protected]> ________________________________ From: Bob Caputo <[email protected]<mailto:[email protected]>> Sent: Friday, December 20, 2024 2:41 PM To: Discussion list on issues relating to automatic fire sprinklers <[email protected]<mailto:[email protected]>> Subject: [Sprinklerforum] Re: Unprotected areas Caution: This email originated from outside of the organization. DO NOT click links or open attachments unless you recognize and trust the sender. ________________________________ Read section 1.1.3 of NFPA 25. You’re inspecting what is there for wear and tear purposes. You are not verifying the design or installation of any system [https://www.dropbox.com/s/g4h8r7hdtsr6154/AFSA_L.png?raw=1] Bob Caputo, CFPS President American Fire Sprinkler Association p: 214-349-5965 ext124 w: firesprinkler.org<http://firesprinkler.org> [http://cdn2.hubspot.net/hubfs/184235/dev_images/signature_app/facebook_sig.png]<https://www.facebook.com/firesprinkler.org> [http://cdn2.hubspot.net/hubfs/184235/dev_images/signature_app/twitter_sig.png] <https://twitter.com/afsa/status/1039528345367732224> [http://cdn2.hubspot.net/hubfs/184235/dev_images/signature_app/linkedin_sig.png] <https://www.linkedin.com/company/american-fire-sprinkler-association-afsa-> [http://cdn2.hubspot.net/hubfs/184235/dev_images/signature_app/instagram_sig.png] <https://www.instagram.com/firesprinklerorg> Train a safer, more efficient workforce. By enrolling your employees in the AFSA Apprenticeship Training Series for Sprinkler Fitters<https://www.firesprinkler.org/WWW/Education/Apprentice_Training/WWW/Education/Apprenticeship_Training.aspx?hkey=e88ef09e-d74c-407f-abcd-995aff866149>, you will reap the benefits of a qualified, professional installation crew. Well-trained employees will work smarter, increasing your company's productivity and, in turn, its profits. Learn more<https://www.firesprinkler.org/WWW/Education/Apprentice_Training/WWW/Education/Apprenticeship_Training.aspx?hkey=e88ef09e-d74c-407f-abcd-995aff866149>. On Fri, Dec 20, 2024 at 10:35 AM Brandon Bridgford <[email protected]<mailto:[email protected]>> wrote: How do you approach unprotected areas in regards to ITM and NFPA 25. I know there was a discussion in the past regarding inspecting a system as is, rather than writing up deficiencies that have to do with system design. I have been told that this can open up more liability if you are not inspecting all design elements (i.e. density, hazard levels, etc.) Thank you! Brandon _________________________________________________________ SprinklerForum mailing list: https://lists.firesprinkler.org/list/sprinklerforum.lists.firesprinkler.org To unsubscribe send an email to [email protected]<mailto:[email protected]> _________________________________________________________ SprinklerForum mailing list: https://lists.firesprinkler.org/list/sprinklerforum.lists.firesprinkler.org To unsubscribe send an email to [email protected]<mailto:[email protected]> _________________________________________________________ SprinklerForum mailing list: https://lists.firesprinkler.org/list/sprinklerforum.lists.firesprinkler.org To unsubscribe send an email to [email protected]<mailto:[email protected]> _________________________________________________________ SprinklerForum mailing list: https://lists.firesprinkler.org/list/sprinklerforum.lists.firesprinkler.org To unsubscribe send an email to [email protected]<mailto:[email protected]> _________________________________________________________ SprinklerForum mailing list: https://lists.firesprinkler.org/list/sprinklerforum.lists.firesprinkler.org To unsubscribe send an email to [email protected]<mailto:[email protected]> _________________________________________________________ SprinklerForum mailing list: https://lists.firesprinkler.org/list/sprinklerforum.lists.firesprinkler.org To unsubscribe send an email to [email protected]<mailto:[email protected]> -- Thank You Brett Peters PFPS Ltd (780) 777 0568 Sent From My iPhone
_________________________________________________________ SprinklerForum mailing list: https://lists.firesprinkler.org/list/sprinklerforum.lists.firesprinkler.org To unsubscribe send an email to [email protected]
