The AWWARF Research Report

The final two sentences in the joint Information Bulletin quoted above refer to DHS' and the State Fire Marshal's intention to work with American Water Works Association to encourage future research. AWWARF is a nonprofit corporation dedicated to the implementation of a research effort to help utilities respond to regulatory requirements and traditional high-priority concerns of the industry. Defendants introduced an AWWARF research report setting forth what appear to be the first results of that effort.⁷

Among the AWWARF report's conclusions and recommendations is,

Cross-connection control for Class 1 and Class 2 wet-pipe fire sprinkler systems using approved backflow prevention assemblies on new construction is recommended based on the following findings: (1) water quality within the black-steel Class 1 and Class 2 wet-pipe fire sprinkler system exceeds national primary and secondary drinking water standards; (2) for new construction, the pressure loss related to the installation of a backflow prevention assembly can be engineered into the design of the new sprinkler system; and (3) the cost of the backflow prevention assembly when included in new construction is low because the backflow prevention assembly is a minor cost when compared to the cost of the non-residential structure within which the sprinkler is to be installed....

Its conclusions and recommendations, however, also include these caveats:

Current information on backflow prevention devices, from outside sources, should be utilized when evaluating the need and risk of installing a backflow prevention assembly on an automatic fire sprinkler system. In particular, backflow manufacturers have begun to address historical fire community concerns regarding backflow prevention in the design of backflow prevention assemblies (e.g., loss of pressure across double check valves or reduced pressure principle assemblies, cost of systems equipped with [those valves and assemblies], and retrofit issues such as space available for [their installation] in existing systems.)

Thus, as the AWWARF report acknowledges, and as we have seen in other evidence, there are risks and tradeoffs inherent in requiring backflow assemblies on fire protection systems.

The AWWARF report also acknowledges the limitations of its study: "The majority of wet-pipe fire sprinkler systems are constructed of black steel pipe," and, "Even though other types of piping materials are permitted by [National Fire Protection Association] to be used in wet-pipe sprinkler systems, none of the wet-pipe systems sampled in this research project were constructed of copper or plastic piping." This leads AWWARF to the conclusion,

Existing wet-pipe fire sprinkler systems that utilize copper or plastic piping materials should be investigated to determine impacts on drinking water quality. In addition, the use of newer or alternative piping materials should be investigated for impacts on water quality in wet-pipe fire sprinkler systems.

Thus, the AWWARF report evaluates only black pipe, wet-pipe systems even as it acknowledges and describes five other, different types of automatic sprinkler systems and two other piping materials available to the fire protection industry today. One of those (antifreeze system) is described as another type of wet system; one can be either wet or dry; and the remaining three are dry-pipe systems. Defendants' policy, however, treats all fire protection systems regardless of system class or type of materials used (indeed, treats all commercial buildings) identically, as potential sources of contaminated backflow.

The February, 1994, State Fire Marshal and DHS joint Information Bulletin, anticipating further research which was most likely in part this AWWARF report, indicated, "You will be advised of the findings of that research and of any changes in the law." Seven years later, and two years after AWWARF published its report, the law has not changed and there is no indication DHS and the State Fire Marshal have altered their earlier directive to water suppliers: Installing backflow prevention devices on the supply lines for sprinklered premises involves drawing a balance between water quality protection requirements and fire protection needs, and the public water supplier (and the local fire department) must investigate and evaluate each new sprinklered user's arrangements before making a determination to require backflow assemblies.