Mike Silvers, CPRC, Owner, Silvers Systems Inc., and FRSA Technical Director
Our industry provides training and information at every level and the need
for some training is obvious, but there are other concerns that are not as obvious.
I know, Halloween is over, but this year’s holiday brought back a great commercial that goes something like this: If
you’re in a horror film you make stupid decisions, that’s what you do. As roofing contractors witnessing (and dealing with) some of the decisions made by our personnel, you will sometimes make you feel like you’re living in a continual horror film. But as a good friend told me once “When you manage people, their failures are your failures too. So, the first thing you should consider is: Did I give them the information they need to make good decisions and thereby succeed?" Great advice!
Our industry provides training and information at every level and the need for some training is obvious. Safety, installation techniques and a basic knowledge of code requirements are a few examples, but there are other concerns that are not as obvious. There are items that could cause contractors harm, physically or fiscally, hiding in concealed spaces. I don’t purport to have a way to deal with them all, but I can at least make you aware of some of them and hope to help limit your exposure.
I’ll start with fire sprinkler systems. The use of fire sprinklers has increased tremendously over the last few decades. Almost all multi-family or multi-tenant buildings being built are sprinklered. Plastic pipes or lines are very common. These systems are built to deploy when they sense a decrease in the water pressure within a given zone. This decrease in pressure is usually from an individual sprinkler being heated during a fire. When this takes place all the sprinklers in that zone will disperse water. This works great when there’s a fire, but not so well when a line is broken. A simple misstep or a dropped tool or flashlight can fracture these often brittle plastic pipes. This can then cause major water damage in multiple units, such as a whole wing in a condominium building. While contemplating this scenario it may be a good time to check your liability policy for “per claim” or “per incident” coverage and deductibles (ask your agent).
Water supply lines are routinely being routed in attics and concealed joist or rafter spaces. In attics they pose the same problems as described above, even if the potential damage is isolated to where the break occurs. In concealed spaces (like joist or rafter spaces), the damage will usually occur due to fasteners penetrating a concealed line. This occurs most often when lines are run too close to the underside of the deck. Gas lines obviously pose an even greater concern. As bad as water damage is, the potential for serious consequences are significantly greater with gas.
Electrical conduit and wiring have the potential to cause harm or damage as well. These hazards are also present in attics and concealed spaces. A short that may result from damage can, of course, cause fires. Another concealed space where a roofing contractor can find conduit is under lightweight insulating concrete or rigid insulation. These are often encountered when using a roof saw to cut an existing roof covering. Driving fasteners can also cause a penetration in the conduit. In either case, there is the potential for electrocution. A code change is coming to the 2020 FBC that will prohibit this practice on new construction.
Scared yet? Of course it’s not my intention to scare you, it is to remind you of these potential hazards and hopefully help you provide pertinent information to your employees. So, what steps can we take to minimize the potential for harm and help limit our liability?
Adding language to your roofing contract’s terms and conditions can help protect you if damage from these hazards (or others) does occur. A sample of such language is included at the end of this article.
One place that we have an exposure which may not be covered by our typical contract is when we are performing repairs or service work. Usually, the need to access attics is for locating leaks. You may want to consider a notice that your employees can provide to customers, requesting that any pressurized lines (sprinkler, water or gas) or conduit running through the attic be shut off before your employees are permitted to access the attic. It should also state that if they are not shut off you will not be responsible for any damage, consequential or otherwise.
Please take some time to consider these hazards and to educate your employees to them as well. The language below is provided by Cotney Construction Law:
Installation of a new roof requires nails and/or screws to be inserted into the deck area. Electrical,
utility, telephone, security, air conditioning wiring, conduit, pipes and/or plumbing lines should not be
installed directly beneath the roof deck. If Customer is aware of these or any other such lines, Customer
must notify Contractor prior to the start of work as the Contractor will not be responsible for the
puncture of improperly installed lines or lines within three inches of the roof deck. Customer accepts full
responsibility for any repair or replacement that may be necessary and shall hold Contractor harmless,
indemnify and defend Contractor from any and all claims, actions, proceedings and complaints arising
out of or relating to said repair or replacement.
Mike Silvers, CPRC is owner of Silver Systems Inc., and is consulting with FRSA as Director of Technical Services. Mike is an FRSA Past President, Life Member and Campanella Award recipient and brings over 40 years of industry knowledge and experience to FRSA’s team.
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