Fire Suppression Systems at Waterfront Facilities

Monday, December 13, 2004
The U.S. Court of Appeals for the First Circuit ruled that the owner of a waterfront facility used for offloading petroleum could not recover costs of improvements to its fire suppression system because it did not prove that the improvements were required by regulation. Under its contract with nearby oil terminals to which it was connected by pipelines, costs for compliance with city, state, or federal regulations applicable to operation of the pipelines was to be borne by the oil terminals. Meetings held at the Coast Guard’s Marine Safety Office with the waterfront facility and federal, state, and local officials raised concerns about the insufficiency of the fire suppression system at the facility. The local fire department, relying in large part on a provision of the National Fire Protection Association (NFPA) Code, convinced the facility to upgrade its fire suppression system. The facility then brought suit against the oil terminals to recoup the cost of the upgrade. At an unnecessarily complicated trial, the facility relied primarily on the NFPA Code to sustain its position. The court held that the facility failed to prove that its costs were required by a federal, state, or local regulation and denied recovery. It is unclear why the facility did not pursue at trial applicable Coast Guard requirements for fire safety at waterfront facilities. A concurring opinion contains a lengthy discussion of safety codes and related issues. Getty Petroleum Marketing, Inc. v. Capital Terminal Company, No. 03-2324 (1st Cir., December 10, 2004). – HK Law
Maritime Reporter January 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

ASA Mission Statement Revised to Expand Reach

The American Salvage Association has revised its mission statement to increase its area of influence beyond North America, complemented by a new logo that reflects the expanded direction.

New Chemical Handling Service from Ferguson Group

Tank, Fluid Solutions and Bunded Storage for Dangerous Goods and Chemicals Introduced at Gap Ridge, Karratha.    Ferguson Group Australia, global specialist in offshore DNV 2.

BP Freezes Pay in 2015 to Cut Costs

BP is freezing base pay across the group this year, the latest in a series of steps by oil majors to cut costs in response to sinking oil prices.   Over the past year,

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Naval Architecture Navigation Pod Propulsion Port Authority Ship Repair Ship Simulators Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.2116 sec (5 req/sec)