Fire Escape Insurance & Liability

IT’S THE LAW- Fire Escape Law

Certification by Load Test or other evidence of strength must be submitted to the AHJ (Authority Having Jurisdiction) every five years as required by the National Codes. Property owners are at risk of losing insurance coverage and/or being liable should they fail certification for maintaining a fire escape as structurally sound and kept painted.

As a property owner or manager, it's important to understand the fire escape law and the potential insurance and liability risks associated with non-compliance. The National Codes require certification by load test or other evidence of strength to be submitted to the Authority Having Jurisdiction (AHJ) every five years.

Failure to maintain a fire escape system as structurally sound and properly painted can result in a loss of insurance coverage and potential liability for any injuries or damages that occur as a result of non-compliance. In order to maintain compliance, property owners should ensure that their fire escape system is regularly inspected and properly maintained, and that any necessary repairs or restorations are completed in a timely manner.

It's also important to work with certified fire escape engineers and suppliers to ensure that all components and connectors used in the construction or restoration of the fire escape system meet the necessary standards and codes. By staying up-to-date on fire escape laws and regulations and proactively maintaining your system, you can help ensure the safety of your occupants and protect yourself from potential insurance and liability risks.

The nation's exterior steel and wooden fire escapes, stairways, balconies, and bridges have long been overlooked, with many structures remaining untouched for decades. While roofs are typically replaced every 25-45 years, these critical life safety features are often neglected, posing significant risks to building occupants and insurance providers alike. This article aims to shed light on the urgent need for mandatory fire escape certification, load testing, and code compliance, and to discuss the liability exposure faced by insurance executives, risk managers, underwriters, and agents.

The Neglected Fire Escape Dilemma

Exterior fire escapes, stairways, balconies, and bridges are often assumed functional and included in life safety plans without verification of their structural integrity. This assumption is alarming, given the age and neglect of many of these structures. According to the National Fire Escape Association (NFEA), founded by Francisco Meneses, a Fire Escape Safety Educator and National Code Consultant, these structures can remain untouched for 75-125 years, far exceeding the lifespan of roofs.

Code Requirements and Certification Paths

The National Fire Protection Association (NFPA) 101, International Fire Code (IFC) 1104.16.5, and International Building Code (IBC) 100 all require regular inspections and maintenance of exterior fire escapes. However, compliance with these codes has been lacking, leaving insurance providers vulnerable to liability exposure.

Mandatory fire escape certification and load testing are essential steps in ensuring compliance with these codes and mitigating risk. Certification involves a thorough inspection of the structure by a qualified professional, who can then issue a certificate of compliance. Load testing, meanwhile, involves applying a controlled load to the structure to ensure it can safely support the weight of occupants during an emergency evacuation.

Liability Exposure for Insurance Providers

Insurance providers face significant liability exposure when exterior fire escapes fail due to neglect or lack of maintenance. In the event of a catastrophic failure, insurance companies could be held responsible for damages, injuries, or even deaths that result from an inadequate evacuation route.

Moreover, failure to require fire escape certification and load testing could be seen as negligence on the part of the insurance provider, further increasing liability exposure. To mitigate this risk, insurance executives, risk managers, underwriters, and agents should adopt a proactive approach to fire escape safety, mandating certification and load testing for all insured structures.

Mandatory fire escape certification and load testing are critical factors in risk mitigation and liability exposure for insurance providers. By adopting a proactive approach to fire escape safety, insurance executives, risk managers, underwriters, and agents can significantly reduce their liability exposure and protect the lives of building occupants.

For more information on fire escape safety, certification, and load testing, visit nationalfireescapeassociation.org and consider attending the NFEA's annual conference, where industry experts and code consultants gather to discuss best practices in fire escape safety.

 

 

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Always consult with a licensed attorney or insurance professional regarding your specific situation.

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