ANSI BSR Hearing Speakers & Audience FCIA Bill McHugh, Executive Director Mark Singley, Esq., FCIA Attorney Don Donnelly, Thomas J. Donnelly, Inc., Firestop Contractor Audience Interested Parties Firestop Contractors Firestop Industry Manufacturers United Brotherhood of Carpenters International Union of Heat and Frost Insulators International Association of Ironworkers Other Unions…letters

FCIA Appeal Outline Firestopping Overview ASME A 112.20.2 History & Development Process IAPMO Code Development Process – ASME A 112.20.2 Item 27, 187 = Problematic Consensus Process IAPMO Code Approval – ASME A 112.20.2 – Meet Essential Requirements? 1.2 - Lack of Dominance? No Single Interest Category? 1.3 – Balance – Diverse Interest Groups? 1.4 – Notification … in Suitable Media – For Interested Parties? 1. 6 – Consensus Vote? Fire Resistance is not Plumbing Result – IAPMO 2009 UPC ANS… 4.2.1.1A - Contrary to Public Interest 4.2.1.1B - Contains Unfair Provisions - Anti Competitive 4.2.1.1C – Is unsuitable for National Use - Consensus of Plumbers Union extended to Construction Industry Issue, Firestopping, to take jurisdiction, and mandate high wages Relief Requested Deny IAPMO 2009 as American National Standard Or…if IAPMO does the following, FCIA may withdraw… Reverse Decision for IAPMO Item #27, 187 – Uphold ANSI Consensus Development Process Stop Publication of IAPMO UPC 2009 with ASME A 112.20.2 Standard Or Revise Publication of IAPMO UPC 2009 to delete ASME A 112.20.2

Firestopping Overview Fire Resistance Barrier Fire/Smoke Ratings ASTM E 119 – Fire Wall, Fire Barrier, Smoke Barrier AND… Firestopping Ratings ASTM E814/UL 1479–UL S115 Tested Systems UL 2079 Joints, ASTM E 2307 – Perimeter Joints F Rating - Flame T Rating – Temperature H Rating – Hose (CAN) L Rating – Smoke (UL) W Rating – Water (UL) Plastic Piping Disappears

Firestopping = Systems Around Piping? What Kind?

Firestop Industry Problem with 2009 IAPMO UPC ~FCIA opposition – Starts with Standard Development Process ASME A 112.20.2 - Sid Cavanaugh, United Association, Employee/Consultant; Chair

Firestop Industry Problem with 2009 IAPMO UPC ~FCIA opposition – Starts with Standard Development Process ASME A 112.20.2 – Offers no alternative to qualification to install firestopping…

ASME A 112.20.2 & IAPMO Not Consensus of Materially Affected ~FCIA opposition – ASME/IAPMO Dev. Process Table 14-1 References ASME A 112.20.2 - Violated ANSI ER - 1.2 - Lack of Dominance Fire Resistance Consensus – Voted Down 8.2@ASME Fire Resistance Industry Overruled at ASME A 112 Main Committee - Plumbing Industry Dominant Consensus 2004 – ASME A 112.20.2 Published 2009 – IAPMO UPC Plumbing Code with ASME A 112.20.2 Required, through Item #27, #187

ASME A 112.20.2 & IAPMO Dominance – History ~ASME/IAPMO Voting Dominance Similar ANSI A 40 ExSC

UPC & ASME A 112.20.2 ANSI ER Process Problems ASME & IAPMO Violates ANSI ER 1.3 – “Balance’ of diverse interests” Consultant, Manufacturer, Installer, Labor, Plumbers But, to meet 1.3 should be… Consultant, Manufacturer, Installer, Labor of … Fire Resistance Rated Walls Industry Gypsum, Concrete Block, Concrete, combinations Fire Resistance Rated Floors Industry Concrete, metal pan concrete, pre-cast concrete, Wood/gypsum composite systems. Firestopping Industry Penetrating Items industry Plumbing only one trade… Electrical, Mechanical, Cabling, others… Building Owners, Specifiers, Architects AND 1.6 “Consensus Vote” not met…per IAPMO Exhibit D, Ballot & Roster

UPC & ASME A 112.20.2 ANSI ER Process Problems ASME & IAPMO Violates ANSI ER 1.4 – Notification to Materially Affected Parties… Firestop Industry? Building Owners? Two Firestop Industry Reps @ IAPMO Hearings One Manufacturer One Association Representative No Building Owners & Managers Construction Industry Not Notified of Actions by Plumbing Industry….”Posted on IAPMO’s Website ?” Result = no voice for fire resistance

UPC & ASME A 112.20.2 ANSI ER Process Problems ~ASME – Standards Development Process - Consensus at IAPMO Violates 1.2 Lack of Dominance 1.3 Balance 1.4 Notification 1.6 Consensus Vote … ASME A 112 Officers & Committee = Plumbers ASME A 112 Committee – UL Voted AGAINST Result – Violates 4.2.1.1a Contrary to Public Interest (Wage Rates) through Unfair Provisions Voting Process Participants Benefit Plumbing industry vote for a Standard that mandates plumbing journeyworkers from their union is ‘self interest’ … Sell, service, get pension from, plumbers union

UPC & ASME A 112.20.2 ANSI ER Process Result ~ ANSI ER 4.2.1.1c – Unsuitable for National Use ASME A 112.20.2 sold 6 copies in 5 years Code Adoptions CA – Amended Out OR – Amended Out WA – Letter to IAPMO against

UPC & ASME A 112.20.2 ANSI ER Process Result ~ANSI ER 4.2.1.1c – ‘Not Suitable for National Use’ ICC Process Disapproved – Code Proposal - FS 74-04/05 DISAPPROVED Testimony - “Building Codes should not determine Trade Jurisdiction” ICC Final Action Hearings Assembly – Consensus of Fire Resistance Knowledge and Practice Building Officials & Fire Marshals – Voted… Fire Resistance & Piping Industry – Testimony/Information CSI’s MasterFormat 2004 Development Process Result 07-84-00 Firestopping

UPC & ASME A 112.20.2 ANSI ER Process Result ~ANSI ER 4.2.1.1c - Unsuitable for National Use ~ 1.6 Consensus Vote – Not Suitable Consensus New Information… ASME A 112 Main Committee Action – July 22, 2009 “Motion Passed…to transfer ASME A 112.20.2 to ASSE” Reason Stated at Meeting – Scope of Consensus ASME is Product Standards, not Installer Standards ASSE is Installer Standards in Plumbing Therefore…Per 4.2.1.1c - ASME does not have consensus ability to revise, maintain this standard…and ASME A 112.20.2 should be removed from IAPMO 2009 UPC Code

Firestopping Industry is here because… ~ 2009 Uniform Plumbing Code Items Mandate ASME A 112.20.2 2009 – Uniform Plumbing Code Final Action Assembly accepts Item 187 – Adds ASME A 112.20.2 Reference in Table 14-1 Item 27 – Adds Language in Chapter 3…

Why are we here? 2009 IAPMO UPC Code ASME A 112.20.2 Mandate ~Opposition – UPC Code Development Process Item # 27…. 313.7 Piping penetrations of fire-resistance-rated walls, partitions, floors, floor/ceiling assemblies, roof/ceiling assemblies, or shaft enclosures shall be protected in accordance with the requirements of the Building Code, applicable standards referenced in Table 14-1 and Chapter 15, “Firestop Protection.”

Firestop Industry Problem with 2009 IAPMO UPC ~FCIA opposition – IAPMO 2009 UPC ASME A 112.20.2 – Mandates 4th Year Plumber

Firestop Industry Opposition 2009 UPC Code, Appeals ~FCIA at IAPMO – Oppose & Appeals Two Representatives Spoke Against @ IAPMO Committee & Assembly Hearings Chapter 3 – 313.7 – Connects Chapter 14 & 15 … Mandatory use of ASME A 112.20.2 Result – 4 Year Journeyworker Plumber 4.2.1.1- Unfair Provision – Plumber Only - Limits workforce 1.2 Dominance Violated – IAPMO Plumbing Consensus Extended to Fire Resistance without Representation of Fire Resistance Industry – Dominated by the Plumbing Interest Group…

Firestopping Consensus = Fire Resistance, not Plumbing 1.2 – Lack of Dominance; 1.4 – Notice? Where were the Fire Resistance Trades ? UBC - United Brotherhood of Carpenters LIUNA - Laborers International Union of North America Heat and Frost Insulators Union Electrical Trades Masonry Restoration & Tuckpointers Plumbers Ironworkers Cabling Trades More…

ASME A 112.20.2 & Public Interest? ANSI ER 4.2.1.1 – ASME A 112.20.2 Contrary to Public Interest – Safety Compromised ‘Piping’ is confusing… Electrical? HVAC? Pneumatic? In Multiple Trade Openings? In Perimeter Fire Containment?

IAPMO UPC 2009, ASME A 112.20.2 & Public Interest? ANSI ER 4.2.1.1a, Public Interest & Safety? Fire Resistance Safety, not plumbing… Understanding Systems Selection & Installation Zero Tolerance Installation Timing – Firestopping Installed After Pipe Insulation After Walls installed Plumber not mobilized, increases costs… Jurisdiction Claim Arguments = Lost Time

IAPMO UPC 2009, ASME A 112.20.2 & Public Interest? ANSI ER 4.2.1.1a, Public Interest & Safety? ASME A 112.20.2 - 32 Hours Education? 32 Hours in Firestopping not enough… WA DOL Firestopping Apprenticeship Program 8000 Hours, 576 Hours Classroom… 10,000 UL, Intertek, FM, Listed Firestop Systems Systems Selection & Installation Protocol Zero Tolerance Fire Resistance Identify Piping, not install piping Net Result - Reduced Public Safety

Firestop Installer Apprenticeship 4 Years 8000 Hrs., 576 hrs. ASME A 112.20.2 - 8.2 - does not allow an alternative route to qualification… STANDARDS OF APPRENTICESHIP- adopted by UA (LOCALS 26, 32 & 598), AWIU (LOCALS 7, 36 & 82) AND EMPLOYERS FIRESTOP/CONTAINMENT WORKER APPRENTICESHIP COMMITTEE FIRESTOP/CONTAINMENT WORKER 47-2131.00 - 8000 HOURS APPROVED BY Washington State Apprenticeship and Training Council REGISTERED WITH Apprenticeship Section of Specialty Compliance Services Division Washington State Department Labor and Industries Post Office Box 44530 ~ Olympia, Washington 98504-4530 APPROVAL: OCTOBER 20, 2006 OCTOBER 17, 2008 – Initial Approval Committee Amended OCTOBER 17, 2008 - Standards Amended (review) Standards Amended (administrative) By: LAWRENCE "PETE" CROW By: PATRICK WOODS ~ Chair of Council Secretary of Council

ASME A 112.20.2 in IAPMO UPC 2009 Don Donnelly, Thomas J. Donnelly, Inc. Result of ASME A 112.20.2 in IAPMO UPC 2009 ANSI ER 4.2.1b – “Unfair Provisions” Non Plumbing Signatory Eliminates Employer Labor Choice Unfair to Mandate “Hire Plumbers” Only Union Plumbing Business Agent Tool “Firestopping is Plumbing Union Jurisdiction” Chapter 3 of the IAMPO Code makes it clear… Use 4th Year Plumbing Installer for Firestopping around piping Mandates Increased Costs Must hire Journeyworker Plumbers No 1st , 2nd, or 3rd year Apprentices allowed, at reduced cost Due to the IAPMO Code there are unfair provisions to employers. The provisions are that for non plumbing signatory employers, we now have to hire a journeyworker plumber to install firestopping, when previously, we use our Heat and Frost Insulators and Ironworkers to install firestopping around pipnig, just as insulators install pipe insulation, around piping. This code requirement elminates the use of alternative sources of labor, and mandates the use of the journeyworker plumber. Representing the Union Firestop Industry Contractors, we believe this mandate to hire journeyworker plumbers doesn’t make any sense. In the union markets, this requirement has been used, and will be used as a tool by the plumbers union to claim jurisdiction not using the normal channels…in New York, the Building Trades Employers Association, Chicago the Joint Conference Board, and other national agencies. This code requirement mandate for a 4th year journeyworker, with no ratios of journeyworkers to apprentices allowed, means a 4th year apprentice pay scale…meaning increased costs to building owners…

ASME A 112.20.2 in IAPMO UPC 2009 Mark Singley, Esq. IAPMO 2009 UPC creates a potential restraint of trade and is inappropriate as a national standard IAPMO 2009 UPC eliminates employer and purchaser options and increases costs There are no offsetting pro-competitive efficiencies and less restrictive measures are available Allied Tube v. Indian Head makes clear that private standards setting can lead to antitrust claims

Firestopping & UPC FCIA Relief Requested – ANSI Board of Standards Review Options IAPMO UPC 2009 Code Deny IAPMO UPC 2009 Status as American National Standard Stop Publication of UPC 2009 with reference in Chapter 3, section 313.7 OR Remove Chapter 15, Firestop Protection Remove ASME A 112-20.2 Reference in Table 14-1 OR, if IAPMO does the following, FCIA may withdraw Leave Chapter 14, Table 14-1; Chapter 15, Firestop Protection & DISAPPROVE Item #27, reference in Chapter 3, UPC 2009… Uphold ANSI Consensus Development Process Revise Publication of IAPMO UPC 2009 to delete ASME A 112.20.2

FCIA Appeal Outline Firestopping Overview ASME A 112.20.2 History & Development Process IAPMO Code Development Process – ASME A 112.20.2 Item 27, 187 = Problematic Consensus Process IAPMO Code Approval – ASME A 112.20.2 – Meet Essential Requirements? 1.2 - Lack of Dominance? No Single Interest Category? 1.3 – Balance – Diverse Interest Groups? 1.4 – Notification … in Suitable Media – For Interested Parties? 1. 6 – Consensus Vote? Fire Resistance is not Plumbing Result – IAPMO 2009 UPC ANS… 4.2.1.1A - Contrary to Public Interest 4.2.1.1B - Contains Unfair Provisions - Anti Competitive 4.2.1.1C – Is unsuitable for National Use - Consensus of Plumbers Union extended to Construction Industry Issue, Firestopping, to take jurisdiction, and mandate high wages Relief Requested Deny IAPMO 2009 as American National Standard Or…if IAPMO does the following, FCIA may withdraw… Reverse Decision for IAPMO Item #27, 187 – Uphold ANSI Consensus Development Process Stop Publication of IAPMO UPC 2009 with ASME A 112.20.2 Standard Or Revise Publication of IAPMO UPC 2009 to delete ASME A 112.20.2

ANSI BSR Hearing Firestop Contractors International Association (a 501c6 not-for-profit corporation) Hillside, IL – 708-202-1108 - office FCIA Info – info@fcia.org Bill McHugh, FCIA Executive Director, Hillside, IL Mark Singley, Esq. – FCIA Counsel, Washington DC Don Donnelly, Thomas J. Donnelly, Inc., Firestop Contractor, NY © copyright, Bill McHugh, FCIA, 08/06/2009