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 November 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

Madsen to Chair Norway’s Research Council Executive Board

Henrik O. Madsen appointed chairman of the executive board of the Research Council of Norway   DNV GL president and CEO Henrik O. Madsen was appointed as chairman

Port of Houston Expecting Record Year

The Port of Houston Authority is expecting 2014 to close as a banner year for the port, with 34 million tons of cargo handled through November, Executive Director

Hapag-Lloyd Completes CSAV Merger Capital Increase

Hapag-Lloyd completed the planned capital increase of EUR 370 million (approximately $452.5 million) as part of the business combination with the Chilean shipping

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Pipelines Port Authority Salvage Ship Electronics Shipbuilding / Vessel Construction Sonar 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: 0.1400 sec (7 req/sec)