Lawsuit calls fire sprinkler pipes defective, claims leaks create danger in buildings

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JACKSONVILLE, Fla. — An Action News Jax investigation exposes a potential fire safety hazard in condo and apartment complexes all over town.

A new lawsuit claims companies put in defective plumbing in brand new buildings and it can cause fire sprinkler systems to malfunction. They're called CPVC pipes.

Tyler Barker has been living in a different apartment in the Brooklyn area the last three weeks.

"I was sitting in my living room and the sprinkler in my closet blew up, and my apartment flooded in ten minutes," said Barker.

We told him about the lawsuit filed by a South Florida attorney. It claims CPVC pipes being put in the walls of newer apartment buildings and condos are defective. It claims the pipes cause fire suppression systems to fail, allowing fires to burn out of control and puts lives at risk.

RELATED: Read the lawsuit

While Jacksonville's fire chief says that may not be what happened in Barker's home, Barker said the damage is similar to what we showed him from buildings in South Florida. We do know the complex, The Brooklyn Riverside, does have CPVC pipes.

Ervin Gonzalez is the attorney who filed the class action lawsuit.

"The question isn't whether they will fail, the question is when it will fail. We know it will fail," said Gonzalez.

The Jacksonville Fire and Rescue Department said it is aware of more buildings using the pipes in Jacksonville and are keeping an eye on it, but there's no law banning their use.

"This shouldn't happen to anybody, putting them out of their homes they're paying to live in," said Barker.

We did get this information late Wednesday. We've put in a request with JFRD to get more information on other local buildings where these pipes are found. They're working on that request for us and as soon as we get it, we'll let you know.

We received one response back from one company in the lawsuit saying:

"Lubrizol is aware of the litigation filed in Florida pertaining to issues at two condominium buildings. Lubrizol is one of many companies from the Fire Sprinkler industry that are named in the suit. It is the company's policy to not comment on pending litigation.

"Lubrizol has not concealed information and denies the allegations in the lawsuit. There is no reason to believe the lawsuit contains any allegations about CPVC that have not been alleged elsewhere, tested and addressed. Lubrizol attorneys have refuted claims through official legal filings, including filing a motion to dismiss many sections of the lawsuit. In fact, most of the defendants in the lawsuit have filed motions to dismiss the claims.

"Lubrizol affirms that it has maintained the highest standards of both moral and scientific ethics with respect to the compatibility of building materials and its CPVC products.  For nearly 90 years, Lubrizol has built a reputation on the values of honesty and integrity, gaining recognition from its suppliers and customers as a trusted partner. The suggestion that we have acted in a way contrary to our values is wrong.

"CPVC has been a reliable, widely used and highly valued product for more than 50 years. Builders and plumbers who value the strength and versatility of CPVC have installed it in buildings and homes across the country. As a market leader, Lubrizol stands behind its products and will continue to do so."