Colorado Business Litigation Lawyer Blog

The National Fire Protection Association (NFPA©) has announced that in the coming months roughly twenty five percent of the nearly 300 NFPA© codes and standards will be revised.

Construction businesses should become aware of these revisions as they happen, so that they can feel confident they are in compliance.

Even a minor code change can have a major impact on safety. Further, even a seemingly small oversight or error can have the potential to cause fines, project delays, or re-do’s.

One way to always be current on codes and standards and to protect yourself, your business and your clients, is to subscribe to the National Fire Codes© Subscription Service in one of various formats. This can be accomplished by going to the NFPA© website.

At the forefront of national fire codes and standards, our firm has a unique perspective on fire investigation. Partner, Paul Komyatte, is a member of the Genesee Fire & Rescue volunteer fire department. In addition, our in house engineer, Andrew Kim, is a certified fire investigator.

Please note that this firm has no connection with or financial interest in the NFPA©. We mention this organization and its publications for information only. As always, we stand ready to provide you or your business with sound legal advice should potential business litigation arise.

Two years ago, a fire at the Georgetown Library in Washington, D.C. destroyed historical documents and expensive artwork. The fire occurred while the building was being renovated. Library employees arriving at work the morning of the fire remember seeing fire in the middle of the roof and assumed that’s where the fire began. Later, the fire pattern led investigators to conclude that the “origin” of the fire was actually in the area of some second floor exterior windows.

Like many other repositories of historical materials and expensive paintings, the Georgetown Library chose not to have a fire suppression system such as sprinklers. The chief librarian said it was not uncommon for buildings holding delicate documents and art to forego sprinkler systems because the water from such systems causes more damage to the expensive materials than smoke does. In crowded public buildings, such as nightclubs, theaters and restaurants, fire suppression systems are essential to protect against death and injuries.

However, the library did have smoke detectors that were operable the morning of the fire. Because the building was unoccupied, though, the efficacy of any warnings from the smoke detectors depended upon how quickly the fire department responded to the alarm. Smoke detectors are critical warning devices for buildings that are occupied such as residential and public assembly buildings. They are needed to protect against loss of life and serious injury.

Because of the lack of sprinklers in the library itself, the responding firefighters had to rely on the city’s fire hydrants for the water needed to put out the fire. It turns out that precious minutes were wasted because the two closest hydrants were inoperable. Firefighters tried hooking hoses to those hydrants including one just across the street from the blaze, but were unable to draw water. They ended up using hydrants about two blocks from the burning library. The extra time for this distant hookup prevented a more efficient fire suppression. A later investigation report identified 53 hydrants in the city in need of repair or replacement. Some leaked; some had defective parts, some had no water.

After the delayed suppression of the fire due to inoperable fire hydrants, the investigators were able to enter the fire scene and begin their investigation. They noticed fire patterns along the exterior of the second floor consistent with origin of the fire in that area. As they began to collect evidence in the area of origin, they noticed charred electric heating guns and cans of flammable chemicals. Based upon this evidence, the fire investigators doubted the general contractors’ claims that no heating guns were being used to remove paint from the windows. The general contractor said wire brushes were being used.

The District of Columbia, owner of the library, sued the general contractor for its negligence in removing lead paint from the second floor windows with faulty heating guns in the presence of highly flammable materials.

During a typical fire investigation, investigators seek to identify the origin of the fire, and then its cause. After origin and cause are determined, the investigators then assign responsibility.

For example, responsibility for the substantial destruction of the Georgetown Library focused on the following:

Fire Hydrants
International Fire Code, App. C101-App. C105
NFPA 921

Smoke detectors
International Fire Code
International Residential Code for One and Two family dwellings
NFPA 921

Sprinkler systems
International Building Code
International Fire Code
International Residential Code for One and Two family dwellings
NFPA 921

Wiring
International Building Code
International Fire Code
National Electrical Code
NFPA 921

Electric heating devices
International Fire Code
International Building Code
Underwriters Laboratories Standard UL 499

Combustible materials
International Fire Code
NFPA 921
National Electrical Code
International Residential Code for One and Two family dwellings

Flammable chemicals
International Building Code

Continue reading "Anatomy of a Fire investigation: Georgetown Library Fire (April 30, 2007)" »

In my blog a few days ago, I explained why fires are among the most destructive – and deadly – man-made catastrophes; how, in a few minutes, a building can go from a few flickers of flame to a total fire-charred rubble. I also provided some examples of public assembly buildings burned to the ground killing and injuring hundreds. In my next blog, I will take you through a typical “origin and cause” investigation designed to help expose those who are potentially responsible for the fire-caused destruction of buildings and loss of life.

For now, though, let’s look at the steps we can take to protect ourselves if our home catches on fire. How do we increase our chances of survival?

Step 1. Make sure your family has a plan. Because fires develop so quickly, you may only have a few minutes before your family is surrounded and overcome by smoke and flames. For each room in your house, know the best escape route, and have as many escape routes from each room as you can. If the escape route is through a window, made sure it is not stuck shut. Also, make sure escape is not prevented by security bars.

Step 2. Discuss with your family and practice your escape. This may require more than one escape route. Make sure everyone is comfortable feeling their way around each room in the dark. You must not only see the escape exit, but must be able to feel your way along to the exit.

Step 3. Don’t waste precious time by trying to retrieve personal property. You can replace the jewelry but not a family member.

Step 4. If a door is too hot to touch, don’t open it. There is a reason it’s hot and its spelled F-I-R-E. Go to another exit. If you open a door and flame and smoke pour in, close the door immediately.

Step 5. Once everyone is out of the house, never go back in. There are many examples where the loss of life was because someone successfully escaped only to return inside to grab a piece of personal property or a pet.

If you’re in a public building where a fire starts, things can get a little dicier, mainly because you are not as familiar with the escape routes. The main thing is not to panic. Remain claim. Know where the exits are and get to one of them quickly, but avoid a stampede. In a hotel, if there is smoke in the hallway, return to your room. That means you must grab your key before you leave the room.

When perusing fire litigation claims (such as wrongful death, catastrophic burn injury, property damage, or business interruption claims), it is crucial to hire an attorney who is experienced in this area. Whether you are seeking superior legal representation, or you are not even sure if you have a case, I would be pleased to hear from you. I will gladly evaluate all possible cases at a complimentary consultation and I am always happy to answer any questions you might have. If you would like more information on how I can assist you, please contact me.

Sources:
National Fire Protection Association,” Fire Loss in the U.S. 2007 and USFA's Firefighter Fatalities in the United States in 2007.”
“Get Out Safely! A Factsheet on Fire Escape Planning,” The U.S. Fire Administration, March 2006