Introduction
Despite everything we have learned as a society from past fires, they still occur. When they do, the results can be devastating, ranging from total loss of property to injuries or fatalities. When this happens, investigations begin to determine who bears responsibility for the fire loss.
The good news is that you, a reputable Fire and Life Safety Service professional, can take steps to protect yourself and your company from liability by understanding your responsibilities and ensuring all installation, inspection, testing, and maintenance are done according to the correct standards and manufacturer instructions. If you do that and keep proper records, you can continue providing vital service to your community while growing your business and managing liability risk.
Liability and Insurance Costs
Data from the Swiss Re Institute reveals that litigation costs have driven US liability claims by 57 percent over the past decade. This has added more pressure on technicians to follow standards and maintain detailed records to a T. Knowing how liability functions within the legal system is key to minimizing risks.
One smart move for any service provider is to get liability insurance. The National Fire Sprinkler Association (NFSA) notes there are a few forms available. These include:
- General liability: Covers bodily injury or property damage claims from contractor operations, completed operations, advertising, and personal injury.
- Professional liability: Protects against professional negligence and mistakes.
- Contractors’ pollution liability: Covers environmental damage claims, including mold or fungus.
- Umbrella liability: Provides extra coverage over primary policies for high-value claims.
To get good liability insurance, you need to evaluate the specific needs of your business and find coverage that matches those requirements. The United States Small Business Administration says to start by considering the potential risks linked to your services and the common claims that might come up. They also recommend looking into different insurance providers and comparing their policies, premiums, and the extent of coverage they offer. Additionally, it’s essential to regularly review and update your insurance coverage every year to make sure it stays adequate as your business grows and changes.
Responsibilities of FED Owners
The FED owner’s reputation is on the line with every job. Supplying a client with the wrong product can lead to a problem down the line when a fire occurs. Even though this is unlikely, it can still happen.
Fortunately, the NFPA, Underwriters Laboratories, and Original Equipment Manufacturers (OEMs) help make this easier. The NFPA develops fire, electrical, and life safety guidelines and requirements with the assistance of subject matter experts from around the world. All standards are consensus-based and peer-reviewed, ensuring they meet current industry requirements. UL then certifies OEM products, ensuring they meet standards set by the NFPA and others for the specific hazard or need. Afterward, OEMs can install these products, knowing proper safety standards are in place. This gives FED owners and customers confidence.
Once you install the correct product, the job doesn’t end there. You must also keep up with official notices to ensure that parts identified with an issue are removed from service.
A recent example is the Badger fire extinguisher stop sale of 2024. The units produced between Nov. 6, 2023, and March 29, 2024, included a newly designed handle with a half arch near the secondary rivet. It was found that applying an upward high force direct impact or squeezing the handle too hard without first withdrawing the pull pin may cause the handle to crack and impact the extinguisher’s ability to operate properly. To solve the issue, Badger provided replacement models with a handle that doesn’t feature a half arch and has additional material below the rivet. This reduces the potential for damage to the handle during packaging and transport or if it’s squeezed with high force without withdrawing the pull pin.
The example above outlines why keeping detailed records of any equipment you install and service to your clients is essential. Your records should include any relevant inspection, repair, and maintenance data. This is especially necessary when customers don’t address a recommendation. According to the NFPA, this includes:
- Impairments: Instances where a fire protection system or part of it is not operational, potentially affecting the system or unit’s performance during a fire event.
- Critical deficiencies: Issues that, if not fixed, can significantly impact the fire protection system’s effectiveness during a fire.
- Noncritical deficiencies: Problems that don’t significantly impact the performance of the fire protection system during a fire but must be addressed to comply with NFPA 25 standards or to ensure proper inspection, testing, and maintenance.
Some companies have electronic systems, while others use simple pen and paper for record keeping. Ultimately, they work perfectly fine if the system is used consistently across all service technicians and areas. More about the technician’s responsibilities is below.
Responsibilities of Technicians
While the AHJ is responsible for enforcing compliance, the technician on-site is the first line of defense. If you’re starting with a client, the best thing you can do is make sure everything is installed correctly. For example, by fulfilling NFPA 10’s fire extinguisher mounting, height, placement, and signage requirements, you can feel confident you are helping protect the business in case of small fires.
If you’re a service technician for multiple product and service categories, like Kitchen Systems, Exit Signs and Emergency Lights, Sprinkler Systems, and Fire Alarm Systems, you must have an excellent command of the requirements for each product and application. Quick access to NFPA standards, manufacturer manuals, and other training and reference material will ensure your customer is covered. Utilizing in-house training and quality 3rd party training providers, like the FED Learning Center, is a good way to keep up with the latest codes and standards and servicing equipment. You can also find OEM training classes at the Learning Center.
Creating service contracts for your clients is a great way to ensure all their equipment receives the necessary maintenance. Even though this is the preferred method, not all building owners are interested in signing up. In that case, the NFPA requires returning for maintenance on extinguishers annually and kitchen suppression systems every six months, at the bare minimum, in conjunction with monthly visual checks.
Code compliance begins with a comprehensive Fire Safety inspection and addressing any violations. Many building owners may not be familiar with the codes. During regular service calls for extinguishers, offering to check for compliance is a great idea. To assist in identifying opportunities, Brooks Equipment recommends checking for:
- Marked, lighted, and unobstructed exit doors
- Properly illuminated emergency exit signs and lighting systems
- Adequate numbers and types of fire extinguishers, stored and mounted correctly
- Proper storage for flammable liquids in approved containers
- Tested and unobstructed fire sprinkler systems with proper guards
- Tested and unobstructed fire alarm and detection systems
- Properly marked and serviced hose systems
- Periodically serviced kitchen systems and cleaned exhaust hoods/ducts
Keeping your clients compliant can help them avoid fines and costly repairs. It’ll also ensure that the necessary equipment is installed and maintained properly to function effectively in the event of a fire.
Dealing With Non-Compliant Building Owners
FED owners and technicians play a significant role in maintaining Fire Safety systems. Still, it’s ultimately the responsibility of building owners and managers to ensure that all equipment undergoes proper inspection, testing, and maintenance.
The problem is that they may not see the importance of a fire protection system or not want to pay the cost. However, specific systems are legally required, depending on the building type and local regulations. This can include sprinkler systems, fire alarms, smoke detectors, and others. Some building owners may refuse to comply despite the legal requirements. It’s imperative, however, to never mark fire suppression systems as compliant when they’re not.
In 2023, WPRI reported a kitchen fire at the historic Harborside Inn of New Shoreham, RI, after the suppression system failed to activate. The fire was so catastrophic the inn had to be demolished a month later. As it turns out, the FED, which marked the fire suppression system as compliant, had his license revoked after he reportedly admitted it contained two components that weren’t supposed to be used together. He continued to mark the system as compliant over the years and did so for two other businesses nearby.
When dealing with non-compliant building owners, it’s crucial to stress the importance of maintaining detailed documentation and proof that they have been informed of the non-compliant issues. This will be vital if the Authority Having Jurisdiction (AHJ) has to get involved. The NFPA says the AHJ can consist of individual or collective authorities. This can include a “federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority.” Regardless of who the AHJ may be at the time, their primary responsibility is “enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure,” according to the NFPA.
When a problem requires the attention of an AHJ, the technician can play a large role in resolving the issue on behalf of the customer. Typically, it’s not merely advice from the AHJ but a Notice of Violation (NOV) that must be addressed. These notices are highly time-sensitive and must be rectified immediately. Failure to do so can result in fines for the owner or even lead to court proceedings. Therefore, emphasizing the significance of maintaining a positive relationship with the AHJ is crucial. In a fire-related emergency, be transparent and cooperative with the AHJ by providing all necessary documentation and allowing inspections to proceed as required. This can facilitate a collaborative relationship and ensure compliance.
Conclusion
Understanding the responsibilities of FED owners and their technicians is critical in ensuring the safety and compliance of businesses. If you are a Fire and Life Safety service professional, sticking to regulations, keeping detailed records, and adequately addressing non-compliance can alleviate risks and avoid liability. Ultimately, your rigorous efforts significantly contribute to mitigating fire risks and ensuring the safety of lives and property.
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