Section 633.202(4), F.S., requires the State Fire Marshal to update, by rule, the Florida Fire Prevention Code every three years. Section 633.202(2), F.S., requires the State Fire Marshal to adopt the current editions of the National Fire Protection ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-3.012Standards of the National Fire Protection Association and Other Standards Adopted

PURPOSE AND EFFECT: Section 633.202(4), F.S., requires the State Fire Marshal to update, by rule, the Florida Fire Prevention Code every three years. Section 633.202(2), F.S., requires the State Fire Marshal to adopt the current editions of the National Fire Protection Association’s (NFPA) Standard 1, the Fire Code, and the Life Safety Code®, NFPA Standard 101, by reference. The proposed amendments will update the Florida Fire Prevention Code to include the most recently adopted NFPA standards and promulgate the triennial update of the Florida Fire Prevention Code as directed by Section 633.202, F.S.

SUMMARY: This rule addresses the rules and codes authorized by Section 633.202, F.S. The rule is amended to adopt the most recent editions of National Fire Protection Standards 1 and 101, the National Fire Protection Standards adopted within the most recent editions of National Fire Protection Standards 1 and 101, and to update National Fire Protection Standards adopted in the rule to the most recently adopted editions. New Florida specific amendments to NFPA 1 and 101 are also adopted, while some, but not all, others carry forward from the original and subsequent rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an economic analysis of the potential impact of the proposed rule amendment and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 633.104(1), 633.206, 633.202, 633.222 FS.

LAW IMPLEMENTED: 633.104(1), 633.202, 633.206, 633.222 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 15, 2013, 1:30 p.m.

PLACE: Boca Raton Fire Department Headquarters, 6500 Congress Avenue, Boca Raton, FL

DATE AND TIME: May 21, 2013, 11:00 a.m.

PLACE: Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Belinda Chukes at [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, 200 E. Gaines Street, Tallahassee, FL 32399-0342, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-3.012 Standards of the National Fire Protection Association and Other Standards Adopted.

(1) Except as specifically modified by statute or by the State Fire Marshal’s rules, the Florida specific edition of NFPA 101, the Life Safety Code®, 2012 2009 edition and the Florida specific edition of NFPA 1, the Fire Code, 2012 2009 edition, as adopted within Rule Chapter 69A-60, F.A.C., entitled the “2010 edition of the Florida Fire Prevention Code, 5th Edition (2014) ,” are hereby adopted and incorporated by reference and are applicable to those buildings and structures specified in paragraphs (a) and (b) of subsection (1) of Section 633.206, F.S. In addition, the following standards, except as specifically modified in the rule chapters in Rule Title 69A, are hereby adopted and incorporated by reference and shall take effect on the effective date of this rule, as a part of the uniform fire safety standards adopted by rule by the State Fire Marshal and are applicable to those buildings and structures specified in paragraphs (a) and (b) of subsection (1) of Section 633.206, F.S.:

(a) NFPA 10, 2010 2007 edition, Standard for Portable Fire Extinguishers.

(b) NFPA 11, 2010 2005 edition, Standard for Low-, Medium-, and High- Expansion Foam.

(c) NFPA 12, 2011 2008 edition, Standard on Carbon Dioxide Extinguishing Systems.

(d) NFPA 12A, 2009 edition, Standard on Halon 1301 Fire Extinguishing Systems.

(e) NFPA 13, 2010 2007 edition, Standard for the Installation of Sprinkler Systems.

(f) NFPA 13D, 2010 2007 edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes.

(g) NFPA 13R, 2010 2007 edition, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height.

(h) NFPA 14, 2010 2007 edition, Standard for the Installation of Standpipe and Hose Systems.

(i) NFPA 15, 2012 2007 edition, Standard for Water Spray Fixed Systems for Fire Protection.

(j) NFPA 16, 2011 2007 edition, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems.

(k) NFPA 17, 2009 edition, Standard for Dry Chemical Extinguishing Systems.

(l) NFPA 17A, 2009 edition, Standard on Wet Chemical Extinguishing Systems.

(m) NFPA 20, 2010 2007 edition, Standard for the Installation of Stationary Pumps for Fire Protection.

(n) NFPA 22, 2008 edition, Standard for Water Tanks for Private Fire Protection.

(o) NFPA 24, 2010 2007 edition, Standards for the Installation of Private Fire Service Mains and Their Appurtenances.

(p) NFPA 25, 2011 2008 edition, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.

(q) NFPA 30, 2012 2008 edition, Flammable and Combustible Liquids Code.

(r) NFPA 30A, 2012 2008 edition, Code for Motor Fuel Dispensing Facilities and Repair Garages.

(s) NFPA 30B, 2011 2007 edition, Code for the Manufacture and Storage of Aerosol Products.

(t) NFPA 31, 2011 2006 edition, Standard for the Installation of Oil Burning Equipment.

(u) NFPA 32, 2011 2007 edition, Standards for Drycleaning Plants.

(v) NFPA 33, 2011 2007 edition, Standard for Spray Application Using Flammable or Combustible Materials.

(w) NFPA 34, 2011 2007 edition, Standard for Dipping, and Coating, and Printing  Processes Using Flammable or Combustible Liquids.

(x) NFPA 35, 2011 2005 edition, Standard for the Manufacture of Organic Coatings.

(y) NFPA 36, 2009 2004 edition, Standard for Solvent Extraction Plants.

(z) NFPA 37, 2010 2006 edition, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines.

(aa) NFPA 40, 2011 2007 edition, Standard for the Storage and Handling of Cellulose Nitrate Film.

(bb) NFPA 45, 2011 2004 edition, Standard on Fire Protection for Laboratories Using Chemicals.

(cc) NFPA 51, 2007 edition, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Processes.

(dd) NFPA 51A, 2012 2006 edition, Standard for Acetylene Cylinder Charging Plants.

(ee) NFPA 51B, 2009 edition, Standard for Fire Prevention During Welding, Cutting and Other Hot Work.

(ff) NFPA 52, 2010 2006 edition, Vehicular Fuel Systems Code.

NFPA 53-2011 edition, Recommended Practice on Materials, Equipment, and Systems Used in Oxygen-Enriched Atmospheres

(gg) NFPA 54, 2012 2009 edition, National Fuel Gas Code.

(hh) NFPA 55, 2010 2005 edition, Standard for the Storage, Use, and Handling of Compressed Gasses and Cryogenic Fluids in Portable and Stationary Containers, Cylinders and Tanks.

(ii) NFPA 58, 2011 2008 edition, Liquefied Petroleum Gas Code.

(jj) NFPA 59, 2012 2008 edition, Utility LP-Gas Plant Code.

(kk) NFPA 59A, 2009 edition, Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG).

(ll) NFPA 61, 2008 edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Products Facilities.

(mm) NFPA 68, 2007 edition, Standard on Explosion Protection by Deflagration Venting.

(nn) NFPA 69, 2008 edition, Standard on Explosion Prevention Systems.

(oo) NFPA 70, 2011 2008 edition, National Electrical Code®.

(pp) NFPA 72, 2010 2007 edition, National Fire Alarm Code®.

(qq) NFPA 75, 2009 edition, Standard for the Protection of information Technology Equipment.

(rr) NFPA 80, 2010 2007 edition, Standard for Fire Doors and Other Opening Protectives.

NFPA 80A-2007 edition, Recommended Practice for Protection of Buildings from Exterior Fire Exposures

(ss) NFPA 82, 2009 2004 edition, Standard on Incinerators and Waste and Linen Handling Systems and Equipment.

(tt) NFPA 85, 2011 2007 edition, Boiler and Combustion Systems Hazards Code.

(uu) NFPA 86, 2011 2007 edition, Standard for Ovens and Furnaces.

(vv) NFPA 88A, 2011 2007 edition, Standard for Parking Structures.

(ww) NFPA 90A, 2012 2009 edition, Standard for the Installation of Air-Conditioning and Ventilating Systems.

(xx) NFPA 90B, 2012 2009 edition, Standard for the Installation of Warm Air Heating and Air-Conditioning Systems.

(yy) NFPA 91, 2010 2004 edition, Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids.

(zz) NFPA 92A, 2012 2009 edition, Standard for Smoke-Control Systems. Utilizing Barriers and Pressure Differences

NFPA 92B-2009 edition, Standard for Smoke Management Systems in Malls, Atria, and Large Spaces

(aaa) NFPA 96, 2011 2008 edition, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. Section 10-2.3 of NFPA 96 applies prospectively only. Existing installations are permitted to remain in place subject to the approval of the authority having jurisdiction.

(bbb) NFPA 99, 2012 2005 edition, Standard for Health Care Facilities Code

NFPA 99B-2010 edition, Standard for Hypobaric Facilities

(ccc) NFPA 101, 2012 edition, Life Safety Code®.

(ddd) NFPA 101A, 2007 edition, Guide on Alternative Approaches to Life Safety.

(eee) NFPA 102, 2011 2006 edition, Standard for Grandstands, Folding and Telescoping Seating, Tents and Membrane Structures.

(fff) NFPA 105, 2010 2007 edition, Standard for the Installation of Smoke Door Assemblies and Other Opening Protectives.

(ggg) NFPA 110, 2010 2005 edition, Standard for Emergency and Standby Power Systems.

(hhh) NFPA 111, 2010 2005 edition, Standard on Stored Electrical Energy Emergency and Standby Power Systems.

NFPA 115-2008 edition, Standard for Laser Fire Protection

(iii) NFPA 120, 2010 2004 edition, Standard for Fire Prevention and Control in Coal Mines.

(jjj) NFPA 122, 2010 2004 edition, Standard for Fire Prevention and Control in Metal/Nonmetal Mining and Metal Mineral Processing Facilities.

(kkk) NFPA 130, 2010 edition, Standard for Fixed Guideway Transit and Passenger Rail Systems.

(lll) NFPA 140, 2008 edition, Standard on Motion Picture and Television Production Studio Soundstages, Approved Production Facilities, and Production Locations.

(mmm) NFPA 150, 2009 2007 edition, Standard on Fire and Life Safety in Animal Housing Facilities.

(nnn) NFPA 160, 2011 2006 edition, Standard for Use of Flame Effects Before an Audience.

(ooo) NFPA 170, 2009 2006 edition, Standard for Fire Safety and Emergency Symbols.

(ppp) NFPA 204, 2010 2007 edition, Standard for Smoke and Heat Venting.

(qqq) NFPA 211, 2010 2006 edition, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel Burning Appliances.

NFPA 214-2011 edition, Standard on Water-Cooling Towers

(rrr) NFPA 221, 2012 2009 edition, Standard for High Challenge Fire Walls, Fire Walls, and Fire Barrier Walls.

(sss) NFPA 232, 2012 2007 edition, Standard for the Protection of Records.

(ttt) NFPA 241, 2009 2004 edition, Standard for Safeguarding Construction, Alteration and Demolition Operations.

(uuu) NFPA 251, 2006 edition, Standard Methods of Tests of Fire Resistance of Building Construction and Materials.

(vvv) NFPA 252, 2008 edition, Standard Methods of Fire Tests of Door Assemblies.

(www) NFPA 253, 2011 2006 edition, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source.

(xxx) NFPA 255, 2006 edition, Standard Method of Test of Surface Burning Characteristics of Building Materials.

(yyy) NFPA 256, 2003 edition, Standard Methods of Fire Tests of Roof Coverings.

(zzz) NFPA 257, 2007 edition, Standard on Fire Tests for Window and Glass Block Assemblies.

(aaaa) NFPA 259, 2008 edition, Standard Test Method for Potential Heat of Building Materials.

(bbbb) NFPA 260, 2009 edition, Standard Methods of Tests and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture.

(cccc) NFPA 261, 2009 edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes.

(dddd) NFPA 265, 2011 2007 edition, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Coverings on full Height Panels and Walls.

(eeee) NFPA 271, 2009 2004 edition, Standard Method of Test for Heat and Visible Smoke Release Rates for Materials and Products Using an Oxygen Consumption Calorimeter.

(ffff) NFPA 286, 2011 2006 edition, Standard Methods of Fire Test for Evaluating Contribution of Wall and Ceiling Interior Finish to Room Fire Growth.

(gggg) NFPA 288, 2007 edition, Standard Methods of Fire Tests of Floor Fire Door Assemblies Installed Herizontally in Fire Resistance-Rated Floor Systems.

NFPA 291-2007 edition, Recommended Practice for Fire Flow Testing and Marking of Hydrants

(hhhh) NFPA 302, 2010 2004 edition, Fire Protection Standard for Pleasure and Commercial Motor Craft.

(iiii) NFPA 303, 2011 2006 edition, Fire Protection Standards for Marinas and Boatyards.

(jjjj) NFPA 307, 2011 2006 edition, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves.

(kkkk) NFPA 312, 2011 2006 edition, Standard for Fire Protection of Vessels During Construction, Conversion, Repair, and Lay-Up.

(llll) NFPA 318, 2012 2009 edition, Standard for the Protection of Semiconductor Fabrication Facilities.

(mmmm) NFPA 326, 2010 2005 edition, Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair.

(nnnn) NFPA 385, 2007 edition, Standard for Tank Vehicles for Flammable and Combustible Liquids.

(oooo) NFPA 407, 2012 2007 edition, Standard for Aircraft Fuel Servicing.

(pppp) NFPA 409, 2011 2004 edition, Standard on Aircraft Hangars.

(qqqq) NFPA 410, 2010 2004 edition, Standard on Aircraft Maintenance.

(rrrr) NFPA 415, 2008 edition, Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways.

(ssss) NFPA 418, 2011 2006 edition, Standard for Heliports.

(tttt) NFPA 430, 2004 edition, Code for Storage of Liquid and Solid Oxidizers.

(uuuu) NFPA 432, 2002 edition, Code for Storage of Organic Peroxide Formulations.

(vvvv) NFPA 434, 2002 edition, Code for the Storage of Pesticides.

(wwww) NFPA 484, 2012 2009 edition, Standard for Combustible Metals.

(xxxx) NFPA 490, 2002 edition, Code for the Storage of Ammonium Nitrate.

(yyyy) NFPA 495, 2010 2006 edition, Explosive Materials Code.

(zzzz) NFPA 498, 2010 2006 edition, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives.

(aaaaa) NFPA 501, 2010 2005 edition, Standard on Manufactured Housing.

(bbbb) NFPA 501A, 2009 2005 edition, Standard for Firesafety Criteria for Manufactured Home Installations, Sites, and Communities.

NFPA 502-2011 edition, Standard for Road Tunnels, Bridges, and Other Limited Access Highways

(ccccc) NFPA 505, 2011 2006 edition, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operations.

(ddddd) NFPA 560, 2007 edition, Standard for the Storage, Handling, and Use of Ethylene Oxide for Sterilization and Fumigation.

(eeeee) NFPA 601, 2010 2005 edition, Standard for Security Services in Fire Loss Prevention.

(fffff) NFPA 654, 2006 edition, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids.

(ggggg) NFPA 655, 2007 edition, Standard for Prevention of Sulfur Fires and Explosions.

(hhhhh) NFPA 664, 2012 2007 edition, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities.

(iiiii) NFPA 701, 2010 2004 edition, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films.

(jjjjj) NFPA 703, 2012 2009 edition, Standard for Fire Retardant-Treated Wood and Fire-Retardant Coatings for Building Materials.

(kkkkk) NFPA 704, 2012 2007 edition, Standard System for the Identification of the Hazards of Materials for Emergency Response.

(lllll) NFPA 750, 2010 2006 edition, Standard on Water Mist Fire Protection Systems.

NFPA 780-2011 edition, Standard for the Installation of Lightning Protection Systems

NFPA 820-2008 edition, Standard for Fire Protection in Wastewater Treatment and Collection Facilities

NFPA 850-2010 edition, Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations

(mmmmm) NFPA 909, 2010 2005 edition, Code for the Protection of Cultural Resources Properties – Museums, Libraries, and Places of Worship.

(nnnnn) NFPA 914, 2010 2007 edition, Code for Fire Protection of Historic Structures.

(ooooo) NFPA 1122, 2008 edition, Code for Model Rocketry.

(ppppp) NFPA 1123, 2010 2006 edition, Code for Fireworks Display.

(qqqqq) NFPA 1124, 2006 edition, Code for the Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles.

(rrrrr) NFPA 1125, 2012 2007 edition, Code for the Manufacture of Model Rocket and High Power Rocket Motors.

(sssss) NFPA 1126, 2011 2006 edition, Standard for the Use of Pyrotechnics Before a Proximate Audience.

(ttttt) NFPA 1127, 2008 edition, Code for High Power Rocketry.

(uuuuu) NFPA 1142, 2012 2007 edition, Standard on Water Supplies for Suburban and Rural Fire Fighting.

(vvvvv) NFPA 1144, 2008 edition, Standard for Reducing Structure Ignition Hazards from Wildland Fire.

(wwwww) NFPA 1192, 2011 2008 edition, Standard on Recreational Vehicles.

(xxxxx) NFPA 1194, 2011 2008 edition, Standard for Recreational Vehicle Parks and Campgrounds.

NFPA 1221-2010 edition, Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems

NFPA 1561-2008 edition, Standard on Emergency Services Incident Management System

(yyyyy) NFPA 1600, 2010 2007 edition, Standard on Disaster/Emergency Management and Business Continuity Programs.

NFPA 1962-2008 edition, Standard for the Inspection, Care, and Use of Fire Hose, Couplings, and Nozzles and the Service Testing of Fire Hose

(zzzzz) NFPA 1963, 2009 2003 edition, Standards for Fire Hose Connections.

(aaaaaa) NFPA 2001, 2012 2008 edition, Standard on Clean Agent Fire Extinguishing Systems.

(bbbbbb) The portions of 49 Code of Federal Regulations, Parts 100-177 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, and which pertain to low pressure and high pressure cylinders.

(cccccc) The portions of 29 Code of Federal Regulations, Parts 1900-1910 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, and which pertain to low pressure and high pressure cylinders.

(dddddd) Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders.

(eeeeee) Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995.

Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders.

(ffffff) Compressed Gas Association CGA C-6.3-1999, Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition.

(2)through (11) No change.

PROPOSED EFFECTIVE DATE: December 31, 2014

Rulemaking Authority 633.104(1), 633.206, 633.202, 633.222 FS. Law Implemented 633.104(1), 633.202, 633.206, 633.222 FS. History–New 5-14-86, Amended 2-12-87, 4-8-90, 10-30-91, 4-3-95, 11-27-01, Formerly 4A-3.012, Amended 8-7-05, 5-18-08, 12-31-08, 12-13-09, 12-31-11, 12-31-14.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Casia Sinco, Chief, Bureau of Fire Prevention

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer and State Fire Marshal

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 21, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 27, 2014