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We should fan the flame to encourage legislators to extinguish hydrant bill hydrant debate - MICHAEL GRESHAM

Published: Friday, May 16, 2008 9:02 AM CDT
Recently I wrote a story about how a new law ignited a debate between firefighters and rural water supply companies.

The debate centers on House Bill 1717, which became law last year and requires rural water utilities and suppliers to paint hydrants – or things that look like or are placed like hydrants – black if they are defective or if they flow less than 250 gallons per minute. As a result of that bill, numerous rural water suppliers across the state have responded by painting all hydrants in their coverage area black to avoid any liability issues.

In that article, Kaufman County Fire Marshal Larry Ewing pointed out why the practice of painting hydrants black could be problematic.

“HB 1717 had the good intent of requiring anyone with a decorative fire hydrant on their property to paint it black so that fire departments would know it was not a source of water,” Ewing said. “The water departments in many locations statewide overreacted and because there was a minimum water flow also stated of 250 gpm, which most hydrants in our county were capable of supplying, they decided to paint all hydrants black, therefore completely voiding the intent of a good bill.”

I couldn’t agree more.

While I can empathize a bit with rural water supply corporations and their cautious nature in this over litigious society of ours, there comes a time when safety needs to come first.

This is that time.

As Ewing lamented in the article, finding a fire hydrant at night in rural areas of the county is a tough enough job for area firefighters. Painting those hydrants black makes its pretty near impossible.


When it comes to saving life and property, our local firefighters shouldn’t have to be worried about finding fire hydrants. They have more important tasks at hand.

And, while Ewing has vocally championed a change in this practice close to home, he’s not alone in this fight. This overreaction to HB1717 has sparked outrage from firefighters and fire officials across the state.

In Guadalupe County, Dan Kinsey, a former firefighter and the county’s emergency management coordinator, told the Seguin Gazette-Enterprise he too believed water companies were overreacting.

“I can’t fathom interpreting the law this way,” Kinsey told his local newspaper. “It’s clearly not the intent of the Texas Legislature to have all the hydrants in the state painted black. The legislature is just trying to increase safety by identifying inoperative hydrants. How can you identify an inoperative hydrant if they’re all painted black?”

Across the state, the reaction from firefighters has been the same: a mixture of disbelief, outrage and outright frustration.

And, while firefighters may be upset, the true outrage likely will come if rural homeowners see insurance rates go up. Insurance companies use something called a Public Protection Class code (PPC) as part of the rating criteria for writing a homeowners insurance policy.

The codes, which run on a reverse scale of 1-10 (with one being the best and cheapest in terms of cost of coverage and 10 the worst) and the PPC relies heavily on the availability of water to fight a fire.

One can only guess what rating the PPC is going to give homes in areas where all hydrants are painted black, but knowing insurance companies, I’d expect those premiums to be going up.

Texas State Rep. Jim McReynolds, a Democrat from Lufkin who sponsored House Bill 1717, even admitted the intent of law has been skewed.

“I don’t want anyone to incur any liability,” McReynolds told the Seguin newspaper. “It was intended to be practical and not punitive.”

That being said, there is really only one group of people who can douse the flames on this debate — and that’s the very same people who ignited the controversy in the first place: the Texas Legislature.

Legislators voted HB1717 in law, and they are the ones who are going to have to address the controversy it has created.

Of course, judging by the lack of reaction by legislators so far, the only way a change is going to happen is if the voting public gets involved.

That’s you and I folks.

To get this law changed, we’re going to have to light a fire under the backsides of our elected officials.

And, for once, I think that’s a flame firefighters wouldn’t mind seeing lit.

Michael Gresham is the publisher of The Kaufman Herald.



 
 

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