Page 14
— Multifamily Properties Quarterly — July 2015
W
hen thinking of common
multifamily construction
defects here in Colorado,
most people think of defec-
tive windows, doors or
roofs and the resulting water dam-
age caused. Others think of problems
associated with improper grading
and drainage, such
as soil movement
and the resulting
structural, drywall
or flatwork damage.
Curiously missing
from this list are
fire-suppression
system defects.
Frommultifam-
ily apartment and
condo projects
to single-family
homes, the installa-
tion of fire suppres-
sion systems is now commonplace
in Colorado. So why is it that fire
sprinklers often miss the construc-
tion defect boat? It is not because all
fire sprinkler systems are defect free.
Given their complexity and the num-
ber of variables involved, improper
installation is far too common. Accord-
ing to a 2013 report by the National
Fire Protection Association, 87 percent
of ineffective sprinkler responses in
fire incidents are caused by improper
installation, design or system type.
The real reason they often miss the
boat is because most property owners
and managers mistakenly perceive
the early symptoms of fire sprinkler
defects as minor annoyances when,
in fact, they may be symptoms of a
systemwide defect. By the time the
full extent of the problem is realized,
it is often too late to file a
claim under Colorado law.
This can be a costly mis-
take. Repairing or replacing
a defective fire sprinkler
systems is expensive,
potentially exceeding four
times the original instal-
lation price depending on
the size and type of the
system – not to mention
time and inconvenience.
The goal of this article is to
help property owners and
managers avoid this pitfall,
protect their investments
and ensure that those
responsible pay for neces-
sary repairs.
In Colorado, the threat
of freezing sprinkler pipes
can drive the system
design. There are two ways
to approach this problem:
Install a “dry” system,
which uses pressurized
air to hold water behind
valves in the pipes and
thus away from freezing
temperatures, or install
a “wet” system, which is
filled with an antifreeze
solution including glyc-
erin and propylene glycol.
While both systems have faults; in
our experience, wet systems are more
commonly found to have defective
attributes.
Wet fire-suppression systems – as
the name implies – have liquid pres-
ent in them at all times. The pipes
usually are constructed with chlori-
nated polyvinylchloride. If the wrong
types or amount of antifreeze chemi-
cals are used, the CPVC may crack and
leak. Cracking also can be caused by
an accumulation of certain pipe lubri-
cants or when excess pipe cement
pools in the pipe. External contact
with electrical wiring or PVC piping
also can cause damage to CPVC pipes.
It is beneficial for property owners
and managers to understand and rec-
ognize the symptoms of fire sprinkler
defects.While it is possible for sec-
tions of pipe or even an entire pipe to
rupture, the damage and symptoms
usually are more subtle. Signs of an
issue start with interior cracking or
corrosion of the pipes.While not vis-
ible, this damage will reveal itself as
rust or annoying leaks or drips of
water coming from the pipes, connec-
tions or sprinkler heads.
Shane Fleener
Attorney, Hearn &
Fleener, Denver
Legal
Courtesy: Hearn & Fleener
