White Paper. Scope of Practice. Plumber, Underground Utility and Fire Sprinkler Contractors VP NFSA

Transcription

1 White Paper Scope of Practice Plumber, Underground Utility and Fire Sprinkler Contractors by Buddy Dewar, VP NFSA February 7,

2 Executive Summary The Florida Legislature has clearly established contractor licensure for multiple trades including plumbing, underground utility and fire sprinkler contracting. In its empowerment, the Florida legislature clearly established a scope of practice for each trade. The Legislature has enumerated with specificity contractor tasks that, because of life and property safety concerns, require a greater level of training, and experience to perform. This paper is written to educate the unqualified contractor, the oversight Boards, the Courts, and others why the life and property saving fire protection systems require specific licensure criteria and why the point of service and more stringent fire line installation, listing, testing and bend restraints are needed. The location and type of fire sprinkler is critical for successful operation. Sprinkler systems are designed based on the occupancy being protected. Obstructions preventing proper sprinkler activation, the gluing of plastic pie, the type and strength of metal pipe, the hydraulic calculation to ensure the system works are some of the many factors unique to fire protection systems all warranting specific education and experience to install and maintain. Water flow demand for fire protection systems, thousands of gallons per minute, causes demand on water distribution systems but becomes significant when these large volumes of flow are through smaller diameter pipe. Large volume flows through smaller pipes pushes the limit on pipe pressure capabilities and also places thousands of pounds of thrust on 90 degree and 45 degree bends. This significantly increased thrust has led to stronger piping restraints to prevent system catastrophic failure developed in the national model fire protection system design codes and standards adopted in all 50 states. Thus, the design and installation criterion for fire protection systems is different, more stringent requirements, than the water distribution system design codes and standards. Florida has clearly identified the point of service; has specifically created a classification of fire protection contractors in an attempt to ensure those installing the underground fire line and even residential sprinkler systems are properly trained and insured to protect the public. Plumbers and underground utility contractors are specifically prohibited by law from installing underground fire lines and backflows connected to water based fire protection systems unless they also certified as a fire protection contractor; these provisions have been in place for decades. 2

3 Table of Contents i Executive Summary Page 2 ii Table of Contents Page 3 1. Intent Overview. Page 4 2. Plumbing Contractors. Page 4 3. Fire Protection Contractors. Page 5 4. Underground Utility Contractors. Page 7 5. Point of Service. Page 8 6. Fire Protection Contractor V. Page Combination Plumbing/Fire Protection Systems. Page Inspection, Testing, and Maintenance of Page 12 Fire Protection Systems and Backflow Preventors. 9. Fire Line Backflow Preventor Installation Page Q&A Page 15 3

4 Scope of Practice Plumber, Underground Utility and Fire Sprinkler Contractors 1. Intent Overview. This paper is intended to provide clarity to the scope of practice of plumbers, underground utility and fire sprinkler contractors. The separate and distinct professions are regulated by two different Florida Statutes; Chapter 489 for Plumbers and Underground Utility Contractors and Chapter 633 for Fire Protection Contractors. The Fire Protection Contractor is licensed by the State Fire Marshal for many reasons with the most prominent being consistency in enforcement which is done by fire inspectors also trained and licensed by the State Fire Marshal. The two professions have different insurance and workers compensation costs as a result of different liability exposure. Litigation following a fire death or injury and/or large property loss in sprinkler protected buildings is 100 times more significant than water leak damage from plumbing installation defects. In fact many insurance companies providing plumbers with General Liability insurance coverage are advising plumbers they are not covered for fire sprinkler work unless they pay a significantly higher premium rate. Failure to carry the appropriate level of insurance is not in the best interest of the public. And then the fire sprinkler contractor, in their efforts to minimize insurance costs and liability exposure, train their employees to a high level improving quality control. For example, language in Chapter 633 requires inspectors of fire sprinkler systems to be certified by the National Institute for Certification in Engineering Technologies, a very demanding training program, before they can inspect fire sprinkler systems. This paper also addresses Point of Service, inspection of fire protection systems including backflow preventors, and combination plumbing/fire sprinkler systems. 2. Plumbing Contractors: Plumbing contractors are defined in s (2)(m), F.S., which reads: (m) Plumbing contractor means a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or, if not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, if not prohibited by law, design the following without obtaining an additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities; venting systems; public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas, liquefied petroleum gas and related venting, and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, if not prohibited by law, and installation, maintenance, repair, alteration, or extension of airpiping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers if authorized by law; ink and chemical lines; fuel oil and gasoline piping and tank and pump installation, except bulk storage plants; and pneumatic control piping systems, all in a manner that complies with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the 4

5 plumbing contractor applies to private property and public property, including any excavation work incidental thereto, and includes the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified as being the work of a trade other than that of a plumbing contractor. This definition does not limit the scope of work of any specialty contractor certified pursuant to s (6), and does not require certification or registration under this part of any authorized employee of a public natural gas utility or of a private natural gas utility regulated by the Public Service Commission when disconnecting and reconnecting water lines in the servicing or replacement of an existing water heater. (Emphasis Added) The fire line standpipes and fire sprinklers if authorized by law language means there are other laws in the Florida Statutes that empower plumbers to do this work. Said another way, the scope of work with respect to standpipes and sprinklers can only be done if and to the extent authorized by law. The authorizing law is in Chapter 633, the Florida statute that regulates fire protection system contractors Exemptions; farm outbuildings; standpipe systems installed by plumbing contractors. (1) This act does not apply to owners of property who are building or improving farm outbuildings. (2) A licensed plumbing contractor is not required to be certified under this act to install standpipe systems and the following items connected thereto: overhead and underground water mains, fire hydrants and hydrant mains, hose connections, tanks and pumps; including sprinkler heads in trash chutes and in trash rooms, having no connection to an automatic sprinkler. (Emphasis added). Thus, Florida Statute, s (3)(m), says a plumber can install sprinklers only if authorized by law and the authorizing law, s , says a plumber may install sprinklers in trash rooms and/or trash chutes that are not connected to a fire sprinkler system. This is the extent of sprinkler installation authority allowed by law for plumbers absent Fire Protection Contractor licensure required in Chapter 633, F.S. More than 6 fire sprinklers in one building is considered a fire sprinkler system. 3. Fire Protection Contractor. In Chapter 633, the Florida legislature made it clear that an organization or individual must obtain a Fire Protection System Contractor certificate before it can engage in the activities regulated under the Act. This conclusion is evident from section (1), which expressly prohibits and penalizes certain unlawful conduct: (1). It is unlawful for any organization or individual to engage in the business of layout, fabrication, installation, inspection, alteration, repair, or service of a fire protection system, other than a preengineered system, act in the capacity of a fire protection contractor, or advertise itself as being a fire protection contractor without having been duly certified and holding a valid and existing certificate, except as hereinafter provided. 5

6 This same conclusion is supported by section , which states in clear terms who can install fire protection systems in Florida: (1) The requirements for installation of fire protection systems are as follows: (a) Contractors of fire protection systems shall be certified under s Thus, absent State Fire Marshal Fire Protection Contractor licensure, a plumbing or underground utility contractor cannot touch or hold themselves out to be authorized to touch a fire protection system. A fire protection system is defined in s F.S. as follows: (10) A fire protection system is a system individually designed to protect the interior or exterior of a specific building, structure, or other special hazard from fire. Such systems include, but are not limited to, water sprinkler systems, water spray systems, foam-water sprinkler systems, foam-water spray systems, CO2 systems, foam extinguishing systems, dry chemical systems, and Halon and other chemical systems used for fire protection use. Such systems also include any overhead and underground fire mains, fire hydrants and hydrant mains, standpipes and hoses connected to sprinkler systems, sprinkler tank heaters, air lines, thermal systems used in connection with fire sprinkler systems, and tanks and pumps connected to fire sprinkler systems. (emphasis added) And s , F.S., defines the Classifications of Fire Protection Contractor as: (5) Definitions. (a) Contractor I means a contractor whose business includes the execution of contracts requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service all types of fire protection systems, excluding preengineered systems. (b) Contractor II means a contractor whose business is limited to the execution of contracts requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service water sprinkler systems, water spray systems, foam-water sprinkler systems, foam-water spray systems, standpipes, combination standpipes and sprinkler risers, all piping that is an integral part of the system beginning at the point of service as defined in this section, sprinkler tank heaters, air lines, thermal systems used in connection with sprinklers, and tanks and pumps connected thereto, excluding preengineered systems. (c) Contractor III means a contractor whose business is limited to the execution of contracts requiring the ability to fabricate, install, inspect, alter, repair, and service CO2 systems, foam extinguishing systems, dry chemical systems, and Halon and other chemical systems, excluding preengineered systems. (d) Contractor IV means a contractor whose business is limited to the execution of contracts requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service automatic fire sprinkler systems for detached one-family dwellings, detached two-family dwellings, and mobile homes, excluding preengineered systems and excluding single-family homes in cluster units, such as apartments, condominiums, and assisted living facilities or any building that is connected to other dwellings. 6

7 (e) Contractor V means a contractor whose business is limited to the execution of contracts requiring the ability to fabricate, install, inspect, alter, repair, and service the underground piping for a fire protection system using water as the extinguishing agent beginning at the point of service as defined in this act and ending no more than 1 foot above the finished floor. Simply stated, only one certified by the State Fire Marshal as Contractor I, Contractor II, Contractor IV or Contractor V as defined in s , F.S., may install fire mains or fire lines connected to water based fire protection systems. There are restrictions for each classification. For example, the Contractor IV is restricted to NFPA 13D systems, one and two family homes not commercial systems. The Contractor I may also install piping for CO 2 and other dry chemical fire protection systems. It is significant to note that the Contractor V classification was specifically created to accommodate the underground utility contracting industry. The intent of the Contractor V classification was to ensure that those installing underground fire lines were properly trained on the more stringent standards and products making fire lines or mains distinctly different than domestic water mains. The number of licensed contractors qualified to install commercial underground fire lines as of this writing are: Contractor I 152 Contractor II 355 Contractor V 342 Significant is the large number of underground utility contractors, 342, who have become licensed as Contractor V so they can install underground fire mains. And again, these certification requirements have been in place for decades. 4. Underground Utility Contractors. Florida Statute (3)(n) addresses Underground Utility Contractors and this law reads: (n) Underground utility and excavation contractor means a contractor whose services are limited to the construction, installation, and repair, on public or private property, whether accomplished through open excavations or through other means, including, but not limited to, directional drilling, auger boring, jacking and boring, trenchless technologies, wet and dry taps, grouting, and slip lining, of main sanitary sewer collection systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line on residential or singleoccupancy commercial properties, or on multioccupancy properties at manhole or wye lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. However, an underground utility and excavation contractor may install empty underground conduits in rights-of-way, easements, platted rights-of-way in new site development, and sleeves for parking lot crossings no smaller than 2 inches in diameter if each conduit system installed is designed by a licensed professional engineer or an authorized employee of a municipality, county, or public utility and the installation of such conduit does not include installation of any conductor wiring or connection to an energized 7

8 electrical system. An underground utility and excavation contractor may not install piping that is an integral part of a fire protection system as defined in s beginning at the point where the piping is used exclusively for such system. (emphasis added) Thus an Underground Utility contractor cannot install piping that is an integral part of a fire protection system. But discussed herein, an Underground Utility contractor and a Plumber may install underground piping that is an integral part of a water based fire protection system if and only if they are also licensed by the State Fire Marshal as a Fire Protection Contractor V. 5. Point of Service. The question then comes where does the piping become an integral of a fire protection system? Florida law s (20), F.S., which reads: (20) Point-of-service means the point at which the underground piping for a fire protection system as defined in this section using water as the extinguishing agent becomes used exclusively for the fire protection system. (Emphasis added) The Point of Service definition is considered specific statutory direction and in the case of any possible interpretation of some general statement in Florida statutes that may be considered in conflict, the specific overrules the general. This Point of Service definition says a couple of things. First, the definition of a Fire Protection System cited above includes water based but also includes dry chemical and other types of fire protection systems. This definition is intended only for those fire protection systems using water as an extinguishing agent. Secondly, the point of service is where the piping is used exclusively for the fire protection system. The Point of Service is typically at the roadway valve installed by the water utility which is a straight piece of pipe tapped off the water main with a valve used to shut off service. The roadway tap is typically a smaller diameter pipe than the supplying fire service main and the roadway is a concealed shut off valve using ending at the public property line. Some parties argue that the point of service begins at the system side of the backflow preventor. The Legislature uncontrovertibly enumerated with specificity that only State Fire Marshal licensed contractors can install and test fire line backflow preventors. There is a significant safety issue ignored by the proponents advocating that the point of service starts at the system side of the backflow. The substantive concern is the piping leading to the backflow would not meet NFPA or fire line standards. Those who install domestic underground follow American Water Works Association (AWWA) design standards while those who install fire lines follow NFPA standards. NFPA fire line design standards require different products and installation standards and practices and the State Fire Marshal contractor licensure standards are in place to ensure that those installing fire lines follow the state adopted national fire line design standards and practices. So advocates promoting the false point of service being at arrow A in the following example are suggesting that the underground utility contractor install piping following AWWA standards up to point B and that that beyond Point B piping compliant with NFPA be installed by the fire 8

9 protection contractor. The substantive problem is water flowing through the backflow reaching Point B at 800 gpm at 100 psi is placing approximately 5,288 pounds of thrust at Point B. However, with water flowing at this capacity at Point B there is actually greater demands created at Point C (friction loss through backflow). But the backflow point of service advocates suggest this piping be installed to a lower standard by people not properly trained up to Point B on all fire line installation and practices. Again, this pressure problem on both the supply and Double Check Backflow Preventor C A B Flow Direction system side of a backflow preventor has been discussed decades ago prompting the Florida Legislature to clearly indicate the point of service begins at the point where the piping is used for the fire protection system begins. Some advocates argue that only underground utility contractors can install piping that contains potable water or the supply side of a backflow preventor. They even go so far as to suggest the water sitting in the pipe leading up to the backflow is not specifically designated for fire protection because it can backflow to the water main. First and foremost, water in the system side of the backflow can also flow back into the water main. That is the reason for annual backflow testing that has in fact found backflows inoperable. Secondly, the piping from the point of service through the backflow preventor to the fire protection system is engineered or designed for a specific flow of water. The design of fire lines does not include water backflow or allocations of portions of the water to backflow to the water main this piping is specifically designed to feed the fire protection system, there is no source of water from the fire sprinkler system that can provide water pressure or flow to the water main for use downstream. And 9

10 thirdly, should a tap be added to a fire line between the point of service and the backflow preventor or after the backflow preventor before the fire protection system, the entire system design back to the point of service must be re engineered to ensure adequate water volume and pressure is available for the fire protection system. But more substantive, plumbers and underground utility contractors argue only they can touch potable water piping, that only they are trained to protect the drinking water. The reality is the plumber and underground utility contractor does not have the training or empowerment to determine safe water drinking mitigation actions this is done by the water utility. For example, if a 50 foot piece of 4 inch underground piping is installed to feed a domestic or fire protection the water utility directs the installing what action to take to protect the water. Some water utilities will want added chlorine or other chemicals added to the water supply in the new piping others may simply want verification that the water flow test was conducted thereby flushing out contaminates. Typically, water utilities only require action when the piping is of substantial length. Thus, notwithstanding plumber, underground utility or fire protection contractor licensure, it is the water utility that establishes safe drinking water criteria, not the contractor. 6. Fire Protection Contractor V. An Underground Utility or Plumbing contractor licensed under Chapter 489 may install underground fire lines from the Point of Service to one foot above the finished floor if and only if they are also licensed by the State Fire Marshal as a Contractor V. This Contractor V classification was established in the mid 1980s allowing underground and plumbing contractors to do this work, work that had been done for decades and is still being done by the fire sprinkler contractor. From s , F.S., (e) Contractor V means a contractor whose business is limited to the execution of contracts requiring the ability to fabricate, install, inspect, alter, repair, and service the underground piping for a fire protection system using water as the extinguishing agent beginning at the point of service as defined in this act and ending no more than 1 foot above the finished floor. Adding even more clarity is s , F.S which states: (3) For contracts written after June 30, 2005, the [Fire Protection System] contractor who installs the underground piping from the point of service is responsible for completing the installation to the aboveground connection flange, which by definition in this chapter is no more than 1 foot above the finished floor, before completing the Contractor s Material and Test Certificate for Underground Piping document. Aboveground contractors may not complete the Contractor s Material and Test Certificate for Underground Piping document for underground piping or portions thereof which have been installed by others. (Emphasis added) Flushing has been significantly problematic. AWWA standards require system flushing at 3 feet per second. Part of the Contractor V training and testing educates the Contractor V that flushing requirement for fire lines is 10 ft/sec for NFPA 13 designed systems. In fact, if a fire pump is to be installed, the flushing rate is even higher, can be as high as 15 ft/sec depending on the type of fire pump used. This higher flush rate is beyond the scope of training provided 10

11 those installing AWWA underground compliant water supplies but is precisely one of the topics presented to fire line underground Contractor V during certification training. This higher flush rate is intended to remove debris such as pee rocks that can plug the fire sprinkler system or disable the fire pump but also places more stress on the system; the reason for higher standards for fire lines. Thus part of the Contractor V training includes the required Underground Test Certificate that is required to be submitted to the code authority for final system approval. What the legislature is saying by requiring the Underground Materials and Test Certificate is if an underground utility contractors who is dual licensed as a Contractor V chooses to install a fire line underground they must do it correctly, not leave parts to be done by others or leave parts they installed to become a liability for others. This language also is intended to stop the shift of liability from an unqualified underground installation to the aboveground installing fire protection system contractor. In respect to an individual who seeks to become certified as a Contractor V, section (3)(f) establishes the following eligibility criteria: (f). As a prerequisite to taking the examination for certification as a Contractor V, the applicant must be at least 18 years old, be of good moral character, and have been licensed as a certified underground utility and excavation contractor or certified plumbing contractor pursuant to chapter 489, have verification by an individual who is licensed as a certified utility contractor or certified plumbing contractor pursuant to chapter 489 that the applicant has 4 years proven experience in the employ of a certified underground utility and excavation contractor or certified plumbing contractor, or have a combination of education and experience equivalent to 4 years proven experience in the employ of a certified underground utility and excavation contractor or certified plumbing contractor. Thus, the Florida legislature recognizes s. 489 licensure requirements imposed on those who wish to do plumbing or Underground Utility work. But the legislature also clearly acknowledges the need for a higher level of care and the Contractor V license is needed to work on fire protection system underground. These requirements have been in place for decades. 7. Combination Plumbing/Fire Protection Systems. NFPA 13D, the national fire sprinkler design standard, provides design criteria allowing a combined plumbing/fire sprinkler system to be installed in one and two family homes. Piping installed in a home can provide water flow to both plumbing fixtures and fire sprinklers. Some product manufacturers promoting combination system products also provide design assistance. Working together, the trade associations supporting plumbers and fire sprinkler contractors lobbied to allow plumbers licensed pursuant to Chapter 489 to meet much of the Contractor IV licensing criteria. Contractor I and II may install NFPA 13D systems as their licensure requirements impose training and experience far above that expected for the Contractor IV. The fire sprinkler portion of a combination system provides a challenge far and beyond the scope of training typical for plumbers the basis for Contractor IV licensing. The gluing practice 11

12 for plastic pipe is different on fire sprinkler plastic pipe than plumbing pipe, obstructions to fire sprinkler flow must be noticed and corrected, proper flow pressure and volume must be calculated, freeze protection for sprinkler piping provides a unique training challenge. The Contractor IV classification is intended to provide the training to ensure those installing fire sprinkler systems in one and two family homes are properly trained and the training objects and curriculum is designed on the assumption the applicant is a qualified plumber licensed in accordance with Chapter 489, F.S. Some counties offer county licensure for some trades and a county issued plumbers license not consistent with Chapter 489 does not qualifiy one to take the Contractor IV training and examination. A stand alone fire protection system can also be installed by the Contractor I, II, and IV in oneand two family homes. To minimize the need for backflow prevention some stand alone systems have a drop installed which is connected to a commonly used toilet. The fire protection system is installed by the Fire Protection Contractor who installs and caps a drop at a remote point. The point at which the drop is capped is the interface between the sprinkler and the plumber trades. The plumber extends piping from the drop cap location to the toilet. 8. Inspection, Testing, and Maintenance of Fire Protection Systems and Backflow Preventors. The Legislature has clearly adopted two fire protection system maintenance standards, NFPA 24 for the underground piping and NFPA 25 for the above ground water based fire protection systems Inspection of fire control systems, fire hydrants, and fire protection systems.-- (2) Fire hydrants and fire protection systems installed in public and private properties, except one-family or two-family dwellings, in this state shall be inspected following procedures established in the nationally recognized inspection, testing, and maintenance standards NFPA-24 and NFPA-25 as set forth in the edition adopted by the State Fire Marshal. Quarterly, annual, 3-year, and 5-year inspections consistent with the contractual provisions with the owner shall be conducted by the certificateholder or permittees employed by the certificateholder pursuant to s Those certificate holders and their permittees must pass a significant training program and testing of the National Institute of Certification in Engineering Technologies (NICET) before they are allowed to test and maintain a fire protection system. The permittees testing backflow preventors for backflow are dual licensed by DEP as backflow testers just like plumbers and other trades who are dual licensed. The permittee requirement is in (8) below: Certificate application and issuance; permit issuance; examination and investigation of applicant.-- (8) An individual employed by a Contractor I or Contractor II certificateholder, as established in this section, who will be inspecting water-based fire protection systems as required under s , must be issued a permit by the State Fire Marshal to conduct such work. The permit is valid solely for use by the holder thereof in his or her employment by the certificateholder named in the permit. A permittee must have a valid and subsisting 12

13 permit upon his or her person at all times while engaging in inspecting fire protection systems, and a permitholder must be able to produce such a permit upon demand. In addition, a permittee shall, at all times while performing inspections, carry an identification card containing his or her photograph and other identifying information as prescribed by the State Fire Marshal, and the permittee must produce the identification card and information upon demand. The permit and the identification may be one and the same. A permittee is limited as to the specific type of work performed, depending upon the class of certificate held by the certificateholder under whom the permittee is working. The permit class shall be known as a Water-Based Fire Protection Inspector whose permit allows the holder to inspect water sprinkler systems, water spray systems, foam-water sprinkler systems, foam-water spray systems, standpipes, combination standpipes and sprinkler systems, all piping that is an integral part of the system beginning at the point where the piping is used exclusively for fire protection, sprinkler tank heaters, air lines, thermal systems used in connection with sprinklers, and tanks and pumps connected thereto, excluding preengineered systems. And to eliminate any conflicting thoughts, the legislature clearly intended post indicating valves, backflow preventors and other exposed appurtenances of the underground water supply be inspected, tested, and maintained by the Contractor I or II permittee as shown in (9) below. Plumbing contractors are expressly prohibited from testing fire line backflow preventors even if they hold DEP backflow tester certification. (9) It is the intent of the Legislature that the inspections and testing of automatic fire sprinkler systems for detached one-family dwellings, detached two-family dwellings, and mobile homes be accomplished by the owner, who is responsible for requesting service from a contractor when necessary. It is further intended that the NFPA-25 inspection of exposed underground piping and any attached appurtenances supplying a fire protection system be conducted by a Contractor I or Contractor II. (Emphasis added) One key element of testing fire protection systems is to ensure they will work. This therefore requires what is known as a forward flow test to ensure that a backflow malfunction is not restricting the needed fire flow for the fire protection systems. And while this is not a common occurrence; it does occur with such frequency that the national standard requires a forward flow test annually. Also part of the annual test is to ensure the isolation valves on the backflow preventor are operational and lubricated. Flowing large volumes of water through the backflow activates the check flap. Thus, the NFPA standard also requires checking for backflow. Again, Florida requires the testing permittee to be certified by DEP to test backflow devices. One solid reason others were restricted from testing backflow preventors came from a State Senator who stated, Why should I pay a plumber to test the same backflow I am paying the fire sprinkler contractor to test? The fire sprinkler industry has liability concerns with exercising a backflow device and not being allowed to test for backflow as required by NFPA 25. Should a rock or piece of debris block the backflow from closing after the forward flow test failure to test to ensure the backflow prevents backflow is a liability concern of major proportion. Also of concern is the practice of backflow testers not qualified as a fire line contractor. The policy is if the backflow fails and water is allowed to enter the potable water 13

14 supply, the isolation valves are to be shut until the backflow is repaired. The problem is the plumber testing the fire line backflow shuts off the fire protection system in an occupied building, a nursing home for example, while they negotiate repair costs. The fire protection contractor carries repair parts and immediately fixes the valve after notifying the fire department that the fire protection system will be shut down for a limited period of time. This allows the fire department an opportunity to assess the risk in the property and they may respond with fire suppression forces to stand by on site while the repair is being conducted. There have been numerous cases where plumbers have shut down fire protection systems but failed to notify local fire safety authorities (10). Effective July 1, 2008, the State Fire Marshal shall require the National Institute of Certification in Engineering Technologies (NICET), Sub-field of Inspection and Testing of Fire Protection Systems Level II or equivalent training and education as determined by the division as proof that the permitholders are knowledgeable about nationally accepted standards for the inspection of fire protection systems. It is the intent of this act, from July 1, 2005, until July 1, 2008, to accept continuing education of all certificateholders' employees who perform inspection functions which specifically prepares the permitholder to qualify for NICET II certification. And in (10) above is the NICET requirement, a bar raised high to gain assurance fire protection systems are properly maintained and serviced. Some argue that only the plumber and the underground utility contractor can touch piping using potable water. Surely they are not suggesting backflows do not backflow. The truth is the plumbers and underground utility contractors are not certified as a environmental engineers. The truth is whoever installs the underground water or fire main must follow local environmental and water quality guidelines which typically includes taking a water sample to the appropriate tester who, according to local policy, advises if and if so now much chlorine or other additive must be placed in the pipe. And while the takeover advocates suggest so, they really are not environmental engineers and follow the same direction and procedures for water quality control as the fire protection contractor. 9. Fire Line Backflow Preventor Installation. Who installs backflow preventors? The Legislature is very clear. A fire protection system from the point of service to the most remote fire sprinkler can only be installed by a State Fire Marshal certified fire protection contractor. The Legislature does allow new backflow preventors to be installed by a Contractor V on the assumption the design engineer will have specified the size and type of backflow to be used, which is coordinated with the fire protection system design calculations Requirements for installation, inspection, and maintenance of fire protection systems.-- 14

15 (4) The Contractor V may install the cross-connection backflow prevention device as defined in this chapter on new installations. The retrofitting of a backflow device on an existing fire protection system will cause a reduction in available water pressure and probable system malfunction. The development of aboveground fire protection system hydraulic calculations is a task of the Contractor I and II, as defined in this chapter. Accordingly, a Contractor V is expressly prohibited from retrofitting cross-connection backflow prevention devices on an existing fire protection system, and only a Contractor I or Contractor II who is tasked to recalculate the system and take corrective actions to ensure that the system will function with the available water supply may retroactively install these backflow devices on existing fire protection systems. While a Contractor V can install a backflow preventor on a fire protection system, they are expressly prohibited from retrofitting a backflow on an existing system. The issue here is retrofitting a backflow on an existing system, in most cases, will lower the available water flow and pressure to the extent that the fire sprinkler system will no longer operate as designed. There are safety margins built into the fire sprinkler design standards but most systems are designed to operate on the existing water flow. For example, a fire sprinkler system is designed to flow 450 gpm at 40 psi residual (water flowing) pressure. The water supply provided is capable of 800 gpm at 45 psi. The system as designed is connected. But then a Reduced Pressure Zone (RPZ) backflow preventor is installed and this device creates a 14 psi friction loss. So now the supply is 800 gpm but only at 31 psi at the system side of the backflow when the fire protection system was designed to work at 45 psi or higher we now have created system failure. Allowing backflow preventors to be retrofitted on existing fire protection systems is incredibly problematic; thus the reason for the specificity in Florida law requiring a Contractor I, or Contractor II to recalculated and possibly redesign the existing system. There are many options afforded the design professional, fire pumps or upsizing the piping and sprinkler orifices in the remote design area are two most common options. But installing a backflow on an existing fire protection system without recalculating the impact of the backflow preventor friction loss is not an option and, quite frankly, a huge liability exposure for the retrofitting contractor. 10. Q&A: a. Does a Fire protection Contractor have to also be licensed as a plumbing contractor to install and connect to a water distribution system? No, provisions in Florida law clearly allow an exemption: Exemptions. This part does not apply to: (22) A person licensed pursuant to s (1)(d) or (3)(b) performing work authorized by such license. Fire protection systems are complex and include electrical and plumbing features. For example, a double interlock preaction system has two separate detection devices that are integral parts of the fire sprinkler systems activation. The fire protection contractor has ultimate responsibility and liability for the proper installation of the system and is properly trained on the electrical and water distribution system connections necessary for proper system functions 15

16 and future system testing. This exemption does not allow the fire protection contractor to do plumbing work outside the scope of a fire protection system as defined by law. b. Can a domestic tap on a fire line be installed to change the point of service? No. A fire sprinkler system is designed from the most remote fire sprinkler back to the Point of service. Thus the sizing of the pipe and the tap on the water supply main is designed to meet the fire sprinkler demand. Should water be diverted from the fire sprinkler demanded water flow then the system may not properly function. Water flow demands for fire sprinkler systems place significantly more stress on underground piping. For example, a 6 inch pipe flowing at 100 psi and 800 gpm, a flow rate not uncommon in sprinkler testing particularly if a fire pump is connected, the thrust or force on a 90 degree bend would be over 5,000lbs. The fire protection system guidelines require piping listed by UL or other nationally recognized testing agencies that meet higher pressure ratings, connections and restraints on bends and curves in this piping to withstand much greater thrust and pressures than that expected of domestic water lines of the same diameter. In fact, those inspecting fire line underground inspect to ensure the piping used is properly listed and properly restrained in accordance with NFPA guidelines, not AWWA guidelines. Thus, if there were flow demands as used in this example and pipe bends prior to the added domestic tap there would be no change in piping leading up to the domestic tap thus no change in the point of service or that point where higher standards are needed. Any domestic tap must be approved by a qualified engineer who will assume responsibility that the water flow diverted to the domestic water flow demand will not diminish the effective operation for the fire protection systems. c. What if the engineer of record designates the point of service being five feet from the building? There is a problem. It is unlikely that the public property line is just five feet from the building. This means the actual point of service as intended in statute has been misstated. If identifying the point of service different that that intended by Florida law, the engineer of record now assumes liability and professional licensure exposure. The provisions of Florida law prohibits the above ground fire protection contractor from connecting to the underground absent an underground materials and test certificate which is required to end one foot above the finished floor. d. I have a Cross Connection Tester Certificate from TREEO, can I inspect a fire line backflow preventor? No, unless you are under the employ of a licensed fire sprinkler contractor. Backflow testers under the employ of a fire protection contractor must have a DEP approved backflow testing certificate. A plumber who has DEP approved backflow certification cannot test a backflow that is part of a fire protection system. e. Can a governmental entity require backflows to be installed on fire sprinkler systems only by plumbers? No. Florida law clearly designates the fire sprinkler contractor as the contractor in charge of cross connection protection on fire protection systems. The substantive problem is system 16

17 design which is based upon available water flow at the water main. If the fire sprinkler system is designed expecting a 5 psi friction loss through a double check valve assembly, the contractor installs the system as designed and then finds a RPZ 15 psi friction loss backflow, the entire system may have to be replaced. f. The code official in my community mandates that only a plumber can install a backflow on a fire line and only a plumber can retrofit a backflow on existing fire lines. Is he correct? No. Only contractors licensed by the State Fire Marshal can install a backflow device connected to a water based fire protection system. g. The General Contractor is requiring me to sign off on the underground which was done by an contractor unknown and probably not licensed by the State Fire Marshal? Will I get into trouble? Yes, and you are being exposed to greater liability. The provisions of Florida law requires the person installing the underground to finish the underground up to one foot above the finished floor and prepare an Underground Materials & Test Certificate which is provided the code authority and the above ground contractor. Florida law specifically prohibits and above ground contractor from signing off on underground work done by others so in addition to assuming greater liability should the system fail because of faulty underground, the above ground contractor s license is in peril as the law specifically prohibits signing off on work done by others. 17