HOT WORK/ WELDING FIRES OVERCOMING OBSTACLES AND ACHIEVING RECOVERY

GOAL OF PRESENTATION Nuts and bolts of how to win these cases! Items to be aware of during investigation and evaluation

WHAT TYPE OF WORK ARE WE ADDRESSING? Welding Heat Treating Grinding Thawing pipe Power – driven fasteners Hot riveting Torch applied roofing Sweating Soldering Similar applications producing or using a spark, flame or heat Flame hardening or softening Thermal Spraying Paint or rust removal Brazing

WHERE ARE THEY? Mills Farmhouses Warehouses Residential Churches Construction projects HVAC Closed containers Strip Malls Gas piping Roofing systems

WHY ALL THE DAMAGE? Combustibles Timing of fire Response time Detection/Suppression systems often disabled

TYPICAL DAMAGE

DAMAGED MILLHOUSE

LIABILITY CHALLENGES Location of fire Time lapse between welding and fire Standard of Care Contracts/Waivers Coverage for target COI/Exclusion

I. LOCATION OF FIRE Slag/Sparks What it is Distance it can travel Area of origin - Example: underneath floor boards - Example: within sawdust

LOCATION OF FIRE

BURN PATTERNS

II. TIME LAPSE BETWEEN WELDING AND FIRE Smoldering Fire How long? How does the process occur? Combustion without flame, usually with incandescence and smoke

II. TIME LAPSE BETWEEN WELDING AND FIRE Cited examples of smoldering fires. Lumber Mill Portland, OR Montana

III. STANDARD OF CARE NFPA OSHA ANSI Local codes

KEY TERMS “Thirty Five Foot Rule” Responsible party Fire watch

A. The Thirty Five Foot Rule

NFPA 5IB “STANDARD FOR FIRE PREVENTION DURING WELDING, CUTTING, AND OTHER HOT WORK.”

“Section 3-3.2(b) “Where combustible materials, such as paper clippings, wood shavings, or textile fibers, are on the floor, the floor shall be swept clean for a radius of 35 ft. Combustible floors shall be kept wet, be covered with damp sand, or be protected by noncombustible or fire-retardant shields.”

Section 3-3.2(c) “All combustibles shall be relocated at least 35 ft horizontally from the work site. If relocation is impractical, combustibles shall be protected with fire- retardant covers or otherwise shielded with metal or fire-retardant guards or curtains. Edges of covers at the floor shall be tight to prevent sparks from going under them, including where several covers overlap when protecting a large pile.”

Section 3-3.2(d) “Openings or cracks in walls, floors, or ducts within 35 ft of the site shall be tightly covered with fire-retardant or noncombustible material to prevent the passage of sparks to adjacent areas.”

STANDARD OF CARE American National Standard, ANSI Z49.1 “Safety in Welding, Cutting, and Allied Processes” Who wrote it? Important parts?

Also: OSHA General Industry Standards 29 CFR 1910 Subpart Q, “Welding, Cutting and Brazing”

OSHA 1910.252(a)(1)(i) Fire Hazards: If the object to be welded or cut cannot readily be moved, all movable fire hazards in the vicinity shall be taken to a safe place.

OSHA 1910.252(a)(1)(ii) Guards: If the object to be welded or cut cannot be moved and if all the fire hazards cannot be removed, then guards shall be used to confine the heat, sparks, and slag, and to protect the immovable fire hazards.

OSHA 1910.252(a)(1)(iii) Restrictions: If the requirements stated in paragraphs (a)(1)(i) and (a)(1)(ii) of this section cannot be followed then welding and cutting shall not be performed.

OSHA 1910.252(a)(2)(i) Combustible material: Wherever there are floor openings or cracks in the flooring that cannot be closed, precautions shall be taken so that no readily combustible materials on the floor below will be exposed to sparks which might drop through the floor. The same precautions shall be observed with regard to cracks or holes in walls, open doorways and open or broken windows.

OSHA 1910.252(a)(2)(ii) Fire extinguishers: Suitable fire extinguishing equipment shall be maintained in a state of readiness for instant use. Such equipment may consist of pails of water, buckets of sand, hose or portable extinguishers depending upon the nature and quantity of the combustible material exposed.

B. The Responsible Party

WHO IS THE RESPONSIBLE PARTY “The owner shall designate a person who shall be responsible for the fire prevention program and who shall ensure that it is carried out to completion” NFPA 241, 2000 Edition, 7.2.1

WHO IS RESPONSIBLE PARTY Management vs. Contractor NFPA 51B, Chapter 4, Responsibility for hot work. 4.1 Management or a designated agent shall be responsible for the safe operations of hot work activity

WHO IS RESPONSIBLE PARTY NFPA 51B Annex A – Explanatory Material - A.4.1 The committee recognizes that management might not always have expertise in hot work and, therefore, would need a knowledgeable and designated agent or contractor to act on its behalf.

WHO IS RESPONSIBLE PARTY Identification Permit authorizing individual Who are they? What role do they play?

HOT WORK PERMIT Who required? Who reviewed? Who secured?

FIRE WATCH

FIRE WATCH NFPA 51B 4.4.1 The fire watch shall be trained to understand the inherent hazards of the work site and of the hot work. Importance of fire watch.

QUESTIONS FOR FIRE WATCH Who, what, where, when, how Cell phone records Sign in sheets, time records Surveillance video

EXPAND YOUR SEARCH AND IMPROVE YOUR RESULTS!

WILLIS RISK CONTROL BULLETIN

KEY DOCUMENTS NFPA OSHA ANSI Site Safety Plans Building Codes Hot Work Permit Contracts OCIP CCIP

SITE SAFETY CONSULTANTS Role Possible target? Standards Contract documents

ACTUAL SITE SAFETY PLANS Management Safety Responsibilities Assign an individual(s) (competent person) the authority for the implementation of the safety at each worksite General Requirements Welding and Cutting All employees should be protected from exposures to welding and cutting lights, falling sparks, fumes and vapors produced by the cutting and welding of metals…

NYC BUILDING CODE Chapter 26: Filing of Site Safety Programs and Designation of Site Safety Managers Filed with borough office Check requirements for your specific project “The site safety program shall provide for the designation of a site safety manager, certified by the Department of Buildings” -NYC Building Code

KEY DEPOSITION QUESTIONS Who was in charge of… Whose job was it to… Who was responsible for…

MAKE SURE YOU HAVE A SOLID, TESTED EXPERT OPINION

EXPERT OPINION Site safety Fire protection Code enforcement Trade specific (Beyond traditional O & C)

EXPERT OPINION – CAUSE OF FIRE NFPA 921 – Guide for Fire and Explosion Investigations. Chapter 18 – Fire Cause Determination. Jury Appeal – Rule out other causes. Incendiary Electrical Level of Certainty – Probable vs Possible

SUMMARY LIABILITY CHALLENGES EXPAND SEARCH, IMPROVE RESULTS I. Location II. Time Lapse III. Standard of Care IV. Contracts/Waivers V. Coverage for target COI/Exclusion EXPAND SEARCH, IMPROVE RESULTS SOLIDIFY YOUR EXPERT OPINION

Hot Work/Welding Fires: Overcoming Obstacles and Achieving Recovery Presentation by Samuel J. Pace, Jr., Esquire and Stephen M. Winning, Esquire Dugan, Brinkmann, Maginnis & Pace 1880 John F. Kennedy Boulevard, Suite 1400 Philadelphia, Pennsylvania 19103 Telephone: 215-563-3500 Facsimile: 215-563-5610 sjpace@dbmplaw.com swinning@dbmplaw.com Sam Pace’s Cell #: 215-778-1604 Steve Winning’s Cell #: 267-325-5049