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

 

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: Subsection 633.202(4), F.S., requires the State Fire Marshal to update, by rule, the Florida Fire Prevention Code every three years. Subsection 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 NFPA Standard 101, the Life Safety Code®, 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 amendment addresses the rules and codes authorized by Section 633.202, F.S. The rule is amended to adopt the most recent editions of the NFPA Standards 1 and 101 the other NFPA Standards adopted within the most recent editions of NFPA Standards 1 and 101 and to update NFPA 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: Paragraph 120.541(4)(c) and Subsection 120.80(17), F.S., provide an exemption for the triennial update of the Florida Fire Prevention Code from 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, 633.202, 633.204, 633.206, 633.208 FS.

LAW IMPLEMENTED: 633.104, 633.202, 633.204, 633.206, 633.208, 791.012 FS.

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

DATE AND TIME: July 26, 2017, 1:00 p.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, telephone: [phone], email: [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, address: 200 E. Gaines Street, Tallahassee, FL 32399-0342, telephone: [phone], email: [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 Fire Prevention Code, 6th 5th Edition (2017 2014),” which is comprised of the Florida specific edition of NFPA 101, the Life Safety Code® (2015 2012 edition) and the Florida specific edition of NFPA 1, the Fire Code (2015 2012 edition), 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 Sections 633.206(1)(a) and (b), F.S.:

(a) NFPA 2, 2011 edition, Hydrogen Technologies Code.

(b) NFPA 3, 2015 edition, Recommended Practice for Commissioning of Fire Protection and Life Safety Systems.

(c) NFPA 4, 2015 edition, Standard for Integrated Fire Protection and Life Safety System Testing.

(d) (a) NFPA 10, 2013 2010 edition, Standard for Portable Fire Extinguishers.

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

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

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

(h) (e) NFPA 13, 2013 2010 edition, Standard for the Installation of Sprinkler Systems.

(i) (f) NFPA 13D, 2013 2010 edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes.

(j) (g) NFPA 13R, 2013 2010 edition, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height.

(k) (h) NFPA 14, 2013 2010 edition, Standard for the Installation of Standpipe, Private Hydrants, and Hose Systems.

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

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

(n) (k) NFPA 17, 2013 2009 edition, Standard for Dry Chemical Extinguishing Systems.

(o) (l) NFPA 17A, 2013 2009 edition, Standard for Wet Chemical Extinguishing Systems.

(p) (m) NFPA 20, 2013 2010 edition, Standard for the Installation of Stationary Pumps for Fire Protection.

(q) (n) NFPA 22, 2013 2008 edition, Standard for Water Tanks for Private Fire Protection.

(r) (o) NFPA 24, 2013 2010 edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances.

(s) (p) NFPA 25, 2014 2011 edition, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.

(t) (q) NFPA 30, 2015 2012 edition, Flammable and Combustible Liquids Code.

(u) (r) NFPA 30A, 2015 2012 edition, Code for Motor Fuel Dispensing Facilities and Repair Garages.

(v) (s) NFPA 30B, 2015 2011 edition, Code for the Manufacture and Storage of Aerosol Products.

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

(x) (u) NFPA 32, 2011 edition, Standard for Drycleaning Plants.

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

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

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

(bb) (y) NFPA 36, 2013 2009 edition, Standard for Solvent Extraction Plants.

(cc) (z) NFPA 37, 2014 2010 edition, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines.

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

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

(ff) (cc) NFPA 51, 2013 2007 edition, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Processes.

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

(hh) (ee) NFPA 51B, 2014 2009 edition, Standard for Fire Prevention During Welding, Cutting and Other Hot Work.

(ii) (ff) NFPA 52, 2013 2010 edition, Vehicular Gaseous Fuel Systems Code.

(jj) (gg) NFPA 54, 2015 2012 edition, National Fuel Gas Code.

(kk) (hh) NFPA 55, 2013 2010 edition, Compressed Gases and Cryogenic Fluids Code.

(ll) (ii) NFPA 58, 2014 2011 edition, Liquefied Petroleum Gas Code.

(mm) (jj) NFPA 59, 2015 2012 edition, Utility LP-Gas Plant Code.

(nn) (kk) NFPA 59A, 2013 2009 edition, Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG).

(oo) (ll) NFPA 61, 2013 2008 edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities.

(pp) (mm) NFPA 68, 2013 2007 edition, Standard on Explosion Prevention by Deflagration Venting.

(qq) (nn) NFPA 69, 2014 2008 edition, Standard on Explosion Prevention Systems.

(rr) (oo) NFPA 70, 2014 2011 edition, National Electrical Code®.

(ss) (pp) NFPA 72, 2013 2010 edition, National Fire Alarm and Signaling Code.

(tt) (qq) NFPA 75, 2013 2009 edition, Standard for the Protection of Information Technology Equipment.

(uu) NFPA 76, 2012 edition, Standard for the Fire Protection of Telecommunications Facilities.

(vv) (rr) NFPA 80, 2013 2010 edition, Standard for Fire Doors and Other Opening Protectives.

(ww) (ss) NFPA 82, 2014 2009 edition, Standard on Incinerators and Waste and Linen Handling Systems and Equipment.

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

(yy) (uu) NFPA 86, 2015 2011 edition, Standard for Ovens and Furnaces.

(zz) (vv) NFPA 88A, 2015 2011 edition, Standard for Parking Structures.

(aaa) (ww) NFPA 90A, 2015 2012 edition, Standard for the Installation of Air-Conditioning and Ventilating Systems.

(bbb) (xx) NFPA 90B, 2015 2012 edition, Standard for the Installation of Warm Air Heating and Air-Conditioning Systems.

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

(ddd) (zz) NFPA 92, 2012 edition, Standard for Smoke-Control Systems.

(eee) (aaa) NFPA 96, 2014 2011 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.

(fff) (bbb) NFPA 99, 2015 2012 edition, Health Care Facilities Code.

(ggg) (ccc) NFPA 101, 2015 2012 edition, Life Safety Code®.

(hhh) (ddd) NFPA 101A, 2013 2010 edition, Guide on Alternative Approaches to Life Safety.

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

(jjj) (fff) NFPA 105, 2013 2010 edition, Standard for Smoke Door Assemblies and Other Opening Protectives.

(kkk) (ggg) NFPA 110, 2013 2010 edition, Standard for Emergency and Standby Power Systems.

(lll) (hhh) NFPA 111, 2013 2010 edition, Standard on Stored Electrical Energy Emergency and Standby Power Systems.

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

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

(ooo) (kkk) NFPA 130, 2014 2010 edition, Standard for Fixed Guideway Transit and Passenger Rail Systems.

(ppp) (lll) NFPA 140, 2013 2008 edition, Standard on Motion Picture and Television Production Studio Soundstages, Approved Production Facilities, and Production Locations.

(qqq) (mmm) NFPA 150, 2013 2009 edition, Standard on Fire and Life Safety in Animal Housing Facilities.

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

(sss) (ooo) NFPA 170, 2012 2009 edition, Standard on Fire Safety and Emergency Symbols.

(ttt) (ppp) NFPA 204, 2012 edition, Standard for Smoke and Heat Venting.

(uuu) (qqq) NFPA 211, 2013 2010 edition, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances.

(vvv) (rrr) NFPA 221, 2015 2012 edition, Standard for High Challenge Fire Walls, Fire Walls and Fire Barrier Walls.

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

(xxx) (ttt) NFPA 241, 2013 2009 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.

(yyy) (vvv) NFPA 252, 2012 2008 edition, Standard Methods of Fire Tests of Door Assemblies.

(zzz) (www) NFPA 253, 2011 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.

(aaaa) (zzz) NFPA 257, 2012 2007 edition, Standard on Fire Test for Window and Glass Block Assemblies.

(bbbb) (aaaa) NFPA 259, 2013 2008 edition, Standard Test Method for Potential Heat of Building Materials.

(cccc) (bbbb) NFPA 260, 2013 2009 edition, Standard Methods of Tests and Classification  System for Cigarette Ignition Resistance of Components of Upholstered Furniture.

(dddd) (cccc) NFPA 261, 2013 2009 edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes.

(eeee) (dddd) NFPA 265, 2011 edition, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile or Expanded Vinyl Wall Coverings on Full Height Panels and Walls.

(eeee) NFPA 271, 2009 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 edition, Standard Methods of Fire Tests for Evaluating Contribution of Wall and Ceiling Interior Finish to Room Fire Growth.

(gggg) NFPA 288, 2012 2007 edition, Standard Method for Fire Tests of Floor Fire Door Assemblies Installed Horizontally in Fire Resistance-Rated Floor Systems.

(hhhh) NFPA 289, 2013 2009 edition, Standard Method of Fire Test for Individual Fuel Packages.

(iiii) NFPA 302, 2015 2010 edition, Fire Protection Standard for Pleasure and Commercial Motor Craft.

(jjjj) NFPA 303, 2011 edition, Fire Protection Standard for Marinas and Boatyards.

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

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

(mmmm) NFPA 318, 2015 2012 edition, Standard for the Protection of Semiconductor Fabrication Facilities.

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

(oooo) NFPA 385, 2012 2007 edition, Standard for Tank Vehicles for Flammable and Combustible Liquids.

(pppp) NFPA 400, 2013 2010 edition, Hazardous Materials Code.

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

(rrrr) NFPA 408, 2010 edition, Standard for Aircraft Hand Portable Fire Extinguishers.

(ssss) (rrrr) NFPA 409, 2011 edition, Standard on Aircraft Hangars.

(tttt) (ssss) NFPA 410, 2010 edition, Standard on Aircraft Maintenance.

(uuuu) (tttt) NFPA 415, 2013 2008 edition, Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways.

(vvvv) (uuuu) NFPA 418, 2011 edition, Standard for Heliports.

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

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

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

(wwww) (yyyy) NFPA 484, 2015 2012 edition, Standard for Combustible Metals.

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

(xxxx) (aaaaa) NFPA 495, 2013 2010 edition, Explosive Materials Code.

(yyyy) (bbbbb) NFPA 498, 2013 2010 edition, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives.

(zzzz) (ccccc) NFPA 501, 2013 2010 edition, Standard on Manufactured Housing.

(aaaaa) (ddddd) NFPA 501A, 2013 2009 edition, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities.

(bbbbb) (eeeee) NFPA 505, 2013 2011 edition, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance and Operations.

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

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

(ddddd) (hhhhh) NFPA 654, 2013 2006 edition, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids.

(eeeee) (iiiii) NFPA 655, 2012 2007 edition, Standard for Prevention of Sulfur Fires and Explosions.

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

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

(hhhhh) (lllll) NFPA 703, 2015 2012 edition, Standard for Fire Retardant-Treated Wood and Fire-Retardant Coatings for Building Materials.

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

(jjjjj) (nnnnn) NFPA 720, 2015 2012 edition, Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment.

(kkkkk) (ooooo) NFPA 750, 2014 2010 edition, Standard on Water Mist Fire Protection Systems.

(lllll) (ppppp) NFPA 909, 2013 2010 edition, Code for the Protection of Cultural Resources Properties – Museums, Libraries, and Places of Worship.

(mmmmm) (qqqqq) NFPA 914, 2010 edition, Code for Fire Protection of Historic Structures.

(nnnnn) (rrrrr) NFPA 1122, 2013 2008 edition, Code for Model Rocketry.

(ooooo) (sssss) NFPA 1123, 1995 2010 edition, Code for Fireworks Display.

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

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

(qqqqq) (vvvvv) NFPA 1126, 2011 edition, Standard for the Use of Pyrotechnics before a Proximate Audience.

(rrrrr) (wwwww) NFPA 1127, 2013 2008 edition, Code for High Powered Rocketry.

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

(ttttt) (yyyyy) NFPA 1144, 2013 2008 edition, Standard for Reducing Structure Ignition Hazards from Wildland Fire.

(uuuuu) (zzzzz) NFPA 1192, 2015 2011 edition, Standard on Recreational Vehicles.

(vvvvv) (aaaaaa) NFPA 1194, 2014 2011 edition, Standard for Recreational Vehicle Parks and Campgrounds.

(wwwww) NFPA 1221, 2016 edition, Standard for the Installation, Maintenance, and Use of Emergency Services Communication Systems.

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

(xxxxx) (cccccc) NFPA 1963, 2014 2009 edition, Standard for Fire Hose Connections.

(yyyyy) (dddddd) NFPA 2001, 2012 edition, Standard on Clean Agent Fire Extinguishing Systems.

(2) through (11)  No change.

PROPOSED EFFECTIVE DATE: December 31, 2017

Rulemaking Authority 633.104(1), 633.202, 633.206, 633.222 FS. Law Implemented 633.104(1), 633.202, 633.206, 633.222, 791.012 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, 12-31-17.

 

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: June 29, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 6, 2017