1. HOT WORK/ WELDING FIRES
OVERCOMING OBSTACLES AND ACHIEVING RECOVERY

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

3. 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

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

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

6. TYPICAL DAMAGE

7. DAMAGED MILLHOUSE

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

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

10. LOCATION OF FIRE

11. BURN PATTERNS

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

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

14. III. STANDARD OF CARE
NFPA
OSHA
ANSI
Local codes

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

16. A. The Thirty Five Foot Rule

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

18. “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.”

19. 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.”

20. 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.”

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

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

28. OSHA
(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.

29. OSHA
(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.

30. OSHA
(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.

31. OSHA
(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.

32. OSHA
(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.

33. B. The Responsible Party

34. 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

35. 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

36. 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.

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

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

41. FIRE WATCH

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

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

44. EXPAND YOUR SEARCH AND IMPROVE YOUR RESULTS!

62. WILLIS RISK CONTROL BULLETIN

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

64. SITE SAFETY CONSULTANTS
Role
Possible target?
Standards
Contract documents

65. 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…

66. 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

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

68. MAKE SURE YOU HAVE A SOLID, TESTED EXPERT OPINION

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

70. 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

71. 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

72. 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:
Facsimile:
Sam Pace’s Cell #:
Steve Winning’s Cell #: