Why Do Construction Site Fires Keep Happening?

According to a National Fire Protection Association (NFPA) Report, “local fire departments responded to an estimated average of 3,840 fires in structures under construction and 2,580 fires in structures under major renovation per year in 2013-2017.” Since this report, anecdotal evidence suggests that this number is rising, especially among multifamily, mixed-used structures under construction. While the NFPA report details the fire causes responsible for the property loss, it does not address the underlying reasons that give rise to the circumstances where these fires become possible. The fire causes are symptoms of an “enforcement gap” that is caused by a “responsibility” gap. If the regulatory community can close these “gaps,” these fires, that are all too predictable, can be prevented.

“The Responsibility Gap”

The traditional role of building inspectors and fire inspectors contributes to this gap in responsibility for construction fire safety. Traditionally, building inspectors have visited construction sites, looked at the approved plans, ensured that the construction matched the plans and applied building and trade codes. Many building inspectors feel that the fire code and fire safety, in general, is under the purview of the fire inspector.     Conversely, many fire inspectors never inspect new construction, rarely do fire inspectors pay regular visits to construction sites. The fire code is a “maintenance code” for finished buildings. The first time a fire inspector steps foot in a new building is for the certificate of occupancy inspection when the construction is finished or near finished. Many fire inspectors believe that it is the building inspector’s responsibility to enforce code provisions while the building is under construction.

Both sides retreat into their traditional roles and between them is where the bad habits, unsafe practices and construction fire safety code violations exists created by this “responsibility gap.” It is not that building inspectors or fire inspectors are being lazy or neglectful. It is the culture that they were hired and trained into. Neither side sees this as their responsibility. Building departments and fire prevention bureaus are short-staffed and are working at full capacity to maintain their current slate of inspections. No one is looking to take on more responsibility, especially if they do not believe it is theirs to take on! The most effective way to fill this gap is through awareness. If both building inspectors and fire inspectors are aware that construction fire safety is a joint responsibility the “responsibility” gap would be filled.

“The Enforcement Gap”

The “responsibility gap” (as outlined above) is one reason for the “enforcement gap,” but not the only one. Many fire prevention bureaus do not have the administrative mechanism to conduct construction site inspections.

Most, if not all, fire safety inspections are either “permit driven” or “complaint driven.” An example of a permit-driven fire inspection is when someone applies for a legally required operational fire permit, i.e., motor fuel dispensing facility permit to run a gas station, and after the permit is applied for, a fire inspection would be conducted before the permit could be issued. The permit application is the trigger for the inspection. The other way an inspection is triggered is when someone calls or writes in a complaint and a fire inspector is dispatched to investigate the complaint. There are no operational fire permits required for construction sites. Unless there is a complaint, no administrative mechanism exists to trigger an inspection. It is this practical difficulty that contributes to the “enforcement gap.”

“The Education Gap”

Far too many fire service members believe that construction sites get a “free pass” when it comes to fire code requirements while a building is under construction. Many do not know that even temporary wiring has code requirements. That all the NFPA standards for the storage of hazardous materials and combustible liquids and gases still apply. There are codes that apply to and specifically safeguard buildings under construction and major renovation. There are enough codes “on the books,” but an education gap exists. Chapter 33 of the International Fire Code (IFC) and Chapter 16 of NFPA 1 are dedicated to construction fire safety codes. Both the IFC and NFPA 1 reference NFPA 241. NFPA 241 Standard for Safeguarding Construction, Alteration, and Demolition Operations, is the grandfather of construction fire safety standards. NFPA 241 was adopted by NFPA in 1933, it is not a terribly long standard, less than 30 pages, and not very technical. It is a common sense, reasonable standard to safeguard structures during the vulnerable period while they are under construction. Because the IFC references NFPA 241, even if the jurisdiction is an IFC jurisdiction, NFPA 241 can still be used because it has been adopted by reference. Unfortunately, many in the fire service have never heard of NFPA 241. This has led to the “education gap.” Many do not know they have the force of code, which is the force of law to enforce construction fire safety provisions.

Filling the Gaps

While this discussion has solely focused on authorities having jurisdiction responsibilities, the owner of the property has the ultimate responsibility and must be held accountable for fire safety on their construction sites. This begins at pre-construction meetings or “pre-cons.” The “pre-con” is the best place to set the tone with the builder and the owner regarding construction fire safety. It is an opportunity to introduce the requirements that are set out in NFPA 241 and manage their expectations about putting together and enforcing a good fire safety plan on the job site.

Construction fire safety is a team effort between the building department, the fire prevention bureau, and the owner/builder. All three entities should be well versed in the codes that safeguard structures while under construction. They should promote best practices, prohibit dangerous ones, and work together to create a culture of fire safety on every worksite.