A new OSHA regulation, 1926.24 — “Fire protection and prevention,” requires employers to go above and beyond baseline fire prevention plans by developing and maintaining “an effective fire protection and prevention program at the job site throughout all phases of the construction, repair, alteration or demolition work.” This regulation specifically points to Subpart F, which outlines specific requirements for the prevention of fires and providing the necessary equipment for the suppression of fires. Having industrial fire brigades is also a potential need, depending on the scope of the project.
According to retired fire battalion chief Sean Stumbaugh, the rule will likely elicit mixed reactions from the companies it most affects. “Many construction companies have the ability to adapt to these requirements,” he said. “A large company that employs a safety division should have adequately trained personnel to conform to these demands. Many medium- and small-sized companies will not have the same resources as a large company and will potentially have difficulty in conforming to the regulation. This situation could cost a good deal of money to employ new personnel or train existing personnel to satisfy this law.”
On the other hand, companies that provide fire protection and prevention services may find an opportunity to assist construction companies in meeting regulatory requirements. “Consultation on prevention and protection plans would be one way for businesses to offer their expertise for individual job sites,” Stumbaugh explained. “Providing required fire protection equipment, either through purchase or rental, may be another opportunity to assist other companies and create income. Construction companies affected will have to weigh the cost/benefit numbers of either providing personnel and equipment themselves or contracting out to other suppliers for project needs.”
Historically, the U.S. Fire Code’s fire protection and prevention standards have been employed to protect the property on construction sites and the firefighters who would be called upon to suppress a fire. However, the new OSHA rule places the responsibility for providing fire prevention and protection safeguards on employers as a matter of occupational safety for workers. “This OSHA regulation makes fire prevention/protection applicable even in areas where the local jurisdiction may not regulate fire protection due to inadequate funding or other reasons for the lack of oversight,” Stumbaugh elaborated. “It creates the requirement for adequate fire prevention and protection even if local fire agencies do not enforce a locally adopted fire code.”
Of course, complying with any new regulation may mean increased costs for construction companies. However, Stumbaugh remains optimistic, noting many companies embrace the expert oversight and advice of local fire protection officials and service providers. “My best advice would be to create a positive working relationship with regulatory entities,” Stumbaugh said. “Your local fire department officials can be an ally; they have an investment in your success in becoming a productive taxpayer in their jurisdiction. Reaching out to them and soliciting advice and requirements in advance can help avoid confrontation and additional costs through project delays. Working cooperatively can streamline the process for all involved.”
Additionally, companies boasting impeccable safety records and striving for zero injuries should welcome the improved safety measures and reduced property losses the new fire protection rule promises to provide. “This particular issue can improve safety and reduce losses by providing the necessary prevention and suppression measures on-site before ignition sources have a chance to reach combustible material,” Stumbaugh explained. “If water (or another extinguishing medium) is already present at the point of ignition, then extinguishment can hopefully be accomplished in a timely fashion. Big fires start small.”
To emphasize the potential cost of property losses caused by fire, Stumbaugh offered a real-world example. “The Santana Row fire that took place in 2002 in San Jose, California, destroyed a large building that was over six acres in size and was under construction,” Stumbaugh said. “Although the cause of the fire was never determined, it still demonstrated the dangers and potentially large loss to buildings under construction. Firefighting efforts were complicated by the size of the building and the fact that a good deal of the construction was wood-framed; the exposed lumber burned rapidly. The cost of the fire was measured at over $90 million."
Hopefully, with this new rule in place, the costly damages and safety hazards of future fires like that in Santa Row can be avoided.
