> From:   "Dale W. Boyer" <[log in to unmask]>
> Subject:        Legal Requirements for Vault Storage
> 
> 
> 
> Hi - I'm a new subscriber at a mid-size law firm in Chicago.  We've
> outgrown our present will vault and are looking at retrofitting a new
> room to create a vault storage space here at the firm,

> I can't seem to find any information on whether there are LEGAL
> specifications for the fire safety standards for building a vault space
> (such as:  4 hour doors, fireproof walls, dry sprinklers, etc.).  All I
> can find are RECOMMENDATIONS by the NFPA.
> 
> My question is:  can anyone tell me if there are LEGAL requirements for
> vault fire safety standards?  We're in Illinois, if that makes any
> difference.
> 
> Dale Boyer

Hi Dale,

To some this may be like describing which Chicago Hot Dog is the best but there are very specific guidelines on building a vault. The most dedicated professionals in this field are located in the National Fire Protection Association and the reason for this is they write Standards on Fire Protection to protect loss of life and loss of property. They have written in a consensus manner  hundreds and hundreds of fire protection Standards and the one that specifically deals with "Protection of Records" is NFPA 232 and can be purchased from www.nfpa.org/catalog searching under NFPA 232 or Protection of Records.

If you would like to build a records center then I would also say that looking at 36CFR would be a worthwhile venture but if you are planning to build a vault, this is more precisely defined within NFPA 232. 36 CFR was not intended to be a Vault Design Standard and is substandard in that regard.

NARA simply does not have the same job description; as they cannot afford to vault all their records so they build their file rooms in a manner that would not comply with the stricter NFPA Standard. NARA's "Vaults" fail to follow the basic tenants of absolute protection. The doors they place on their "vaults" do not comply as vault doors.  They are simply fire resistant, not truly vault doors. Vaults are also required to be limited in its door openings and the vault doors must be a Class 350 Four Hour Vault Door at a minimum. Otherwise it now falls into the classification of being "Just" a file room.

The walls also must be four-hour rated if you are protecting vital records. And if your vault is also protecting microfilm, computer media, video or other fragile media then your vault must be designed to protect that media as well. NARA's file rooms are not rated to protect computer media or any type of fragile media. But NARA has the advantage that in a fire they have no personal liability.

This is not true for a records manager or the C-Level officers in your Law Firm.  Your firm will be held to the highest standards of care (as you should have knowledge of the Law)  and the latest laws allow no escape clause for destroying media. You can be prosecuted for "spoliation" of the media and records. No matter what, in litigation you are required to provide a data map of your information assets.

Your walls and ceiling can be built of 8" poured concrete or 10" filled brick or a Laboratory tested, listed and label vault design. If you are above grade you are required to make the vault six sided. Sprinklers or clean agent in the vault or file room do not relieve the owner of the need for a vault. 

Since a vault construction standard exists and Listed and Labeled equipment exists to build the vault, clearly negligence is part of the equation. A law firm with a non-performing vault would have such a high percentage chance of being considered negligent, that a fire would greatly increase your chances of a large settlement, punitive damages for liability as you would be considered a knowledgeable party. Looking to the NFPA 232 Protection of Records is where you should start. Buy a copy for $35.00 (or whatever it is today) and use it as your guideline and you should also consider a fire protection engineer to assist you in your design.  Please note that the Standard continually refers to the person who manages the records as the "Responsible Party" and places the liability squarely on you. When you submit the request to buy the NFPA 232 Standard, please copy your management team and the firms legal manager that you intend to follow the Standard to the letter of the Standard; and, if they will not provide the necessary budget to build a proper vault then they must relieve you of the liability of building the vault and being the Responsible Party. This will at least keep you out of trouble.

There is a offsite media storage company in Chicago (IG2Data Security) that is actually owned by two Intellectual Property attorneys and they built their vault exactly right.  They are in Schaumburg, Illinois if that is near you. You might request a tour of their facility to see how other attorneys approached this issue.  They also have a large Electronic Discovery Department there.

Building a vault correctly is often discussed as art rather than science in design planning. If a loss occurs and you end up with potential litigation, you will see the real world of why you should design the vault to a known and recognized vault design standard. 

Hugh Smith
FIRELOCK Fireproof Modular Vaults
[log in to unmask]
(610)  756-4440    Fax (610)  756-4134
WWW.FIRELOCK.COM


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