Author: Eddie Jett
I get asked many questions about inspections, testing, maintenance (ITM) and repairs of water-based fire sprinkler systems in regard to who’s responsibility it is. Is it our responsibility as the fire protection contractor, or is it the responsibility of the owner or owners representative? Are you ready for your answer? Yes, and Yes!!
First, lets talk about the relationship between the contractor and the owner. The owner is required by law to have inspections, testing and maintenance (ITM) performed of their fire sprinkler system. This is required and enforced by national, state, local AHJ’s, insurance companies, JHCO, etc…. As a contractor, we agree upon a price for the inspection, possibly create a contract, schedule a time for the inspection and then perform the inspection. At the conclusion of the inspection we, as the contractor, will go over the report with the customer and inform them of any deficiencies that we discovered (and can support with NFPA 25) during the inspection and testing.
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CONTRACTORS
To the contractors reading this, I want to highlight a couple of words in that last paragraph; Inform and Enforce. I was recently at a fire sprinkler continuing education meeting and the instructor, who is well known in the fire sprinkler industry, said something that really stuck with me. He made the comment “We are informers, not enforcers.” Let that sink in. That’s a very strong, and very true statement! As the inspection contractor, because NFPA 25 is the law for ITM, our job is to inform the customer of the requirements of NFPA 25. We do not have the authority to enforce anything! Now I know what many of you are thinking, we hang color coded tags that essentially forces the owner to repair/fix a deficiency in order to get the proper “all good” tag. You’re correct but remember, the color-coded tagging system is adopted and enforced by your state or local AHJ, not us as contractors. The same applies for an AHJ that requires all contractors doing inspections within their jurisdiction to upload all of the completed reports to a third-party company for their enforcement purposes of the deficiencies. This is a requirement that the AHJ has enforced the contractor to comply with.
Let’s say that you take your car to a mechanic. You pay the mechanic to inspect your car and to give you a report of what is wrong. He gives you a lengthy report of deficiencies but then proceeds to tell you that he is holding your car hostage until you pay to fix all of the reported problems. I don’t know about you, but I’d be pretty angry at the mechanic. I paid for an inspection and now I’m being held hostage? WTH!? Whose ultimate responsibility is the car? Mine, or the mechanic? Mine, I’m the owner! Whether I fix the car or not is on me, not the mechanic. The same principle applies when we talk about water-based ITM. The owner is paying the contractor for an inspection and expects not to be held hostage by the contractor at the conclusion of the inspection. Now that’s not to say that we cannot give the owner a quote to repair any deficiencies but the ultimate responsibility for the repairs falls on the owner. Our only job as contractors is to inform the customer of the deficiencies. The AHJ has the final authority to demand the deficiencies be corrected, not us.
So, what is your responsibility as the contractor? INFORM. Plain and simple. That’s it. Do it with confidence and integrity and stay in your lane. Do it in accordance with NFPA 25 and do not step outside of the scope of the standard. If the deficiency cannot be substantiated within NFPA 25, it needs to be written as an observation, not a deficiency. Stepping outside of the scope of NFPA 25 can render you and your company in a liability situation and nobody wants that. Remember, “we are informers, not enforcers.”
OWNERS
Now to the system owners reading this. NFPA 25 was created for you. Essentially, it is your owner’s manual for your water-based fire sprinkler system. It is the law when it comes to water-based fire protection systems ITM and your obligation is to follow the law. If you have not, I highly recommend that you fully read chapters 4 and 15 of NFPA 25. Both of these chapters are important to you as the owner or owners representative. Here are a few items from chapter 4 that YOU as the owner are responsible for:
- Responsibility for Inspection, Testing, Maintenance and Impairment
- Freeze Protection
- Accessibility
- Notification of System Shutdown or Testing
- Corrections and Repairs
- Changes in Occupancy, Use, Process or Materials
- Addressing Changes in Hazard
- Impairments
- Signs
- Water Supply Status
- Safety
Chapter 4 of NFPA 25 is aptly named “General Requirements.” The very first section of chapter 4 states “Responsibility of Property Owner or Designated Representative.” Here is an explanation excerpt from NFPA 25:
Note: “The owner or designated representative is the only person to whom specific responsibility is assigned by this standard (NFPA 25). Several sections require the involvement of the AHJ, but it is only in the context of the owner seeking AHJ approval or consultation. Likewise, while the qualified technician conducting the ITM is often a contractor, the responsibility for all tasks in NFPA 25 is the responsibility of the owner or designated representative.”
Holy bat cookies Batman! Does this mean that me, as the owner, I’m responsible for everything involving my fire sprinkler system?!?! I don’t even have an NFPA 25 book! Yes. Yes, you are. Deep breaths and calm down…. here are some helpful hints: Find a good reputable contractor that does thorough inspections. One that communicates well with you and will help you through the journey of fire sprinkler ownership. Ask questions! If something on the report seems sketchy to you, question it! Not every Inspector out there is “Super Inspector” that knows all of the codes as well as they should. A great question to ask is “Can you substantiate this from NFPA 25?”
Get yourself a copy of NFPA 25 and take the time to read over chapters that pertain to the water-based equipment you have. I highly recommend starting with chapters 4, 5, 13 and 15. Ask your contractor if they can supply you with a copy of NFPA 25. Here is a link that will take you straight to NFPA website in order to purchase a copy of NFPA 25. (NFPA 25 Standard Development ) The code changes/updates every three years, so find out which year your state or local AHJ has adopted and is following before making your purchase. There are many resources out there for you including NFPA | The National Fire Protection Association, Home – National Fire Sprinkler Association, Home – American Fire Sprinkler Association so don’t be afraid to go research and find answers to your questions about water-based fire sprinkler systems.
In closing, I’d like to say this; Regardless, if you’re a contractor or an owner, we’re all in this together! Help each other out. Communicate. Communicate. Communicate. Contractors, do a good job and communicate with the owner as they depend on you. You are the life safety professionals. Owners, learn from your contractor but never hesitate to ask questions. It’s a never-ending cycle that a good relationship can foster for many years!
I hope you enjoyed this article! Remember, your education and knowledge of the fire sprinkler industry all depends on one person… YOU! Educate yourself then take your knowledge and pass it on to the next generation! BE A LEADER!!
