Are Donated Structures too Good to be True

Training books are good for teaching the mechanics of fighting a fire, but nothing can provide the realism of using a donated structure for training. These structures are a welcome gift, but there could be strings attached.

For example, the building owner may have plans to rebuild and may want the land vacated by a deadline. It's important to act quickly but thoughtfully to avoid unanticipated risk. Work with legal counsel ahead of time to incorporate appropriate risk transfer language into a template contract for accepting donated structures. Elements of an agreement should:

• Authorize and consent for use of property between owner and department.
• Describe that personnel will enter premises to destroy, demolish or otherwise ruin the building for training purposes.
• Release department from any and all demands or claims related to damages.
• Release and indemnify the owner from any claims of personal injury or damage to any property owned by a third party as a result of fire department activities.

Legal counsel also can develop a template property release between the owner and the department to spell out the physical property location; dates to commence and end training; and agreed-on measures concerning salvage, live burns, and rescind rights.

Buildings should be carefully inspected to identify and abate all environmentally regulated materials that may pose a hazard to firefighters during evolutions. To prepare a donated structure for training, fire agencies should secure a consultant and contractor to:

• Identify, test and abate any hazardous or biological materials.
• Identify and remove other regulated materials such as refrigerants, halon, mercury and polychlorinated biphenyls.
• Determine special handling and disposal requirements.

NFPA 1403, Live Fire Training Evolutions, requires:

• A list of prohibited fuels.
• A safety officer.
• Firefighter briefing on the structure and location of exits.
• 5-to-1 instructor-to-student ratio with a back-up instructor.
• On-site EMS.

The standard also states that no personnel shall play the role of a victim and that only one fire at a time is permitted in acquired structures.

In addition, NFPA 1500, Fire Department Occupational Safety and Health Program, has guidelines for fire agencies to establish and maintain a training and education program to prevent occupational deaths, injuries and illnesses that are commensurate with the duties and functions that firefighters are expected to perform. NFPA 1500 maintains that live-fire evolutions should conform to NFPA 1403.

In addition to the NFPA standards on firefighter safety, Occupational Safety and Health Administration has numerous employee safety requirements related to respiratory protection, blood-borne pathogens and confined-space rescue.

The common problems that fire agencies face when deciding whether to accept a donated structure for training are how to pay for the identification, removal and clearance testing of hazardous or biological materials encountered in the structure and how to coordinate this work in an expeditious manner so that they do not delay the building owners scheduled demolition.

Hazmat removal may cost thousands of dollars and not be worth the investment. The fire agency should develop a process to assess whether or not a donated structure is a cost-effective training opportunity. The hazmat consultant can provide a cost estimate.

When hiring a consultant, be sure to check references and ask for licenses and insurance. Departments should hire the contractor and consultant separately to avoid conflict of interest. They also should ensure that the consultant is responsible for providing written communication to all regulatory agencies that have hazmat-removal notification requirements. Finally departments should require written hazmat removal and air clearance sampling results and reports, including an executive summary indicating that the facility is free of hazardous materials that may be disturbed during training operations.

Donated structures don't come around very often, so be prepared when the opportunity arises. Remember the time constraints of the building owner and decide if it is reasonable and worth the investment. Plan training dates in advance so that you can use the facility as soon as it is available and safe for use. By using this information, departments can address potential legal implications as well as safety-related issues to create a safe environment for firefighter training.
— Paul Horvat, Consultant & Div. Chief Eric Aasen Santa Cruz (Calif.) Fire Department