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FIRE PROTECTION COMMENTS SimplexGrinnell/ Tyco
Issue No. 9

February 2002

FPC
p e r i o d i c a l
A Public Service Provided By: 
LASER, INC. (
Legal And Safety Employer Research)

SimplexGrinnell/Tyco Mired in its Second Defective Sprinkler Scandal in Four Years

Millions of Fire Protection Sprinklers Must Be Replaced

Grinnell/Tyco’s subsidiary Central Sprinkler Company recently announced that 35 million of its sprinkler heads on fire protection systems contain defective O-rings, and all must be replaced. According to a July 19, 2001 press release, it was found that the sprinklers could degrade over time when the sprinkler heads corrode thus causing the sprinkler heads not to activate in a fire. The U. S. Consumer Product Safety Commission (CPSC) and Central Sprinkler Company, a Lansdale, Pennsylvania affiliate of Tyco Fire Products, issued the press release jointly. This is the third largest product replacement program in CPSC history, and it will cost Tyco/Grinnell as much as $300 million and could take over five years according to published accounts.

"We determined that O-ring seals can and will degrade over time," said Bob Brinkman, president of Central Sprinkler Company.

The defective sprinklers were installed in countless thousands of facilities, including day care facilities, hospitals, schools, dormitories, nursing homes, apartments, houses, parking garages, warehouses, and office buildings. Tests in February 2000, showed that the sprinklers had a 20% failure rate, therefore the product was denied endorsement by the Underwriters Laboratory and the National Fire Protection Association, a safety advocacy group.

The Underwriters Laboratories, which provides safety certifications found a 26% failure rate from the sprinklers, and recommended that the sprinklers be replaced in February 2000, according to press accounts. However, Brad McGee, a Tyco senior vice-president, said it was "too early" to consider a recall or replacement of the sprinklers, according to a July 19, 2001 Associated Press story.

Details on the SimplexGrinnell Corporation merger and Simplex’s past business history to follow in the next issue of FPC Periodical

As a result, the company did not issue the repair notice until seventeen months later. Subsequently, one person was killed and two people injured in a February 27, 2000 fire in the Philadelphia area due to the alleged failure of a Central Sprinkler system. In the same fire, a firefighter was also injured. Central Sprinkler has received 13 reports of sprinklers failure to activate during a fire resulting in property damages against Central Sprinkler in amounts ranging from $1,000 all the way up to $100,000. Another sprinkler failure resulted in a blaze at the Bowie apartment complex in the Washington, DC area. There have been property damage claims filed against Central Sprinkler in at least two cases.

In a statement by Ann Brown, Chair of the CPSC, she stated that, "...lives can be at risk when (the sprinklers) don’t operate." With regards to Central Sprinkler Company’s knowledge of the sprinkler head failure, she stated that, "they knew we were serious, we are investigating sprinklers made by other companies and will recall them if we find them defective."

While Central claimed the recall was conducted voluntarily, their press release failed to note that the recall was instigated as part of a settlement of a class action lawsuit against the company.

Central manufactured 33 million "wet" sprinklers with the O-rings from 1989 to 2000, and 2 million dry sprinklers with O-rings from the mid-70s to June 2001. One hundred sixty seven thousands sprinklers manufactured by Gem Sprinkler and Star Sprinkler from 1995-2001 are also covered by the repair program. Tyco/Grinnell also owned Gem Sprinkler and Star Sprinkler.

Two million and five hundred thousand sprinklers that were installed in other countries, mostly in Canada, are also included in the recall, according to Central Sprinkler.

The fire sprinkler heads have the words "CENTRAL" or "STAR," the letter "G" in triangle, or a star-shaped pattern, or the model designation and date, stamped on either the metal sprinkler frame or the gear-shaped metal piece at one end of the sprinkler head. The sprinklers will be replaced free of charge. If you have one of these defective sprinklers in your building, you may call Central Sprinkler Company at 1-800-523-6512, or 1-800-871-3492 to arrange its replacement. You may also research this issue at the web site: www.sprinklerreplacement.com.

In 1998, Central Sprinkler was involved with another recall. This time about 10 million defective "Omega" sprinklers were recalled, because the CPSC found that the Omega sprinklers were likely to fail. Failures of the Omega sprinklers were implicated in 20 fires, causing injuries and millions of dollars in property damage, according to the Consumer Product Safety Commission. Central Sprinkler agreed to pay a $1.3 million fine in the recall after the safety agency alleged that the company was tardy in disclosing the problems.

The troubled history of Central Sprinkler, which burst into the headlines because of its massive recall of the defective Omega sprinkler, is deeply entwined with Tyco/Grinnell. Grinnell itself, because of its installation of the defective sprinklers, had its own role to play in the Omega recall. While Central Sprinkler was on the financial ropes in the wake of the Omega recall, Tyco/Grinnell swooped in and bought Central Sprinkler at fire sale prices in July 1999.

However, becoming a subsidiary of Tyco/Grinnell has not ended Central Sprinkler’s problems. Since Tyco bought Central Sprinkler, Central was been implicated in dozens of federal court suits and is the defendant in many recent cases. Some of these cases may be related to the sprinkler failures that are at the basis of the recent recall. Some of these lawsuits may have originated in state courts, and all or part of these suits may have been settled. The FPC will provide further details in the next issue.

Here are some examples of recent federal litigation against Central Sprinkler and Tyco/Grinnell:
Building Owners and Managers Association filed a federal suit against Tyco and Grinnell in June 2001, over a "contract dispute." (Case #01-CV-11098)

The State of Illinois sued Central Sprinkler in federal court in April 2001. (Case #01-CV-3124)

Cosco Fire Protection sued central Sprinkler in Seattle, Washington federal Court over property damages in February 2000. (Case #00-CV-226)

Hartford Fire Insurance and several other insurance  companies sued Central Sprinkler and Tyco in a federal product liability suit in January 2001. (Case #01-CV-132)

A Pennsylvania company called Serena Shores sued both Tyco and Central Sprinkler for fraud, in a federal suit filed in June 2001. (Case #01-CV-3068)

Energy International sued Tyco and Central Sprinkler in federal court in Detroit, Michigan on August 7, 2001. (Case #01-CV-72988)

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