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 appropriate editions ....

 

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 appropriate editions of the National Fire Protection Association’s (NFPA) Standard 1, the Fire Code, and NFPA Standard 101, the Life Safety Code®, by reference.

SUMMARY: The proposed amendments will update the Florida Fire Prevention Code to include appropriate NFPA standards and promulgate the triennial update of the Florida Fire Prevention Code as directed by section 633.202, F.S.

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 not 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’s economic review for this rulemaking.

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, 633.206, 633.222 FS.

LAW IMPLEMENTED: 633.104, 633.202, 633.206, 633.222, 791.012 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 31, 2023, at 11:00 a.m.

PLACE: Florida State Fire College-Room 107, 11655 NW Gainesville Road, Ocala, FL 34482

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: Elijah Flowers, 200 E. Gaines Street, Tallahassee, FL 32399, [e-mail], [phone]. 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: Elijah Flowers, Division of State Fire Marshal, [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, 8th 7th Edition (20232020),” which is comprised of NFPA 101, the Life Safety Code® ,(Florida 20212018 Editionedition) and the Florida specific edition of NFPA 1, the Fire Code, (2021 Florida Edition 2018 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 Division 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, 2020 2016 edition, Hydrogen Technologies Code.

(b) NFPA 4, 2021 2018 edition, Standard for Integrated Fire Protection and Life Safety System Testing.

(c) through (d) No change.

(e) NFPA 12, 2018 2015 edition, Standard on Carbon Dioxide Extinguishing Systems.

(f) NFPA 12A, 2018 2015 edition, Standard on Halon 1301 Fire Extinguishing Systems.

(g) NFPA 13, 2019 2016 edition, Standard for the Installation of Sprinkler Systems.

(h) NFPA 13D, 2019 2016 edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes.

(i) NFPA 13R, 2019 2016 edition, Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies.

(j) NFPA 14, 2019 2016 edition, Standard for the Installation of Standpipe and Hose Systems.

(k) No change.

(l) NFPA 16, 2019 2015 edition, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems.

(m) NFPA 17, 2021 2017 edition, Standard for Dry Chemical Extinguishing Systems.

(n) NFPA 17A, 2021 2017 edition, Standard for Wet Chemical Extinguishing Systems.

(o) NFPA 20, 2019 2016 edition, Standard for the Installation of Stationary Pumps for Fire Protection.

(p) NFPA 22, 2018 2013 edition, Standard for Water Tanks for Private Fire Protection.

(q) NFPA 24, 2019 2016 edition, StandardStandards for the Installation of Private Fire Service Mains and Their Appurtenances.

(r) NFPA 25, 2020 2017 edition, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.

(s) NFPA 30, 2021 2018 edition, Flammable and Combustible Liquids Code.

(t) NFPA 30A, 2021 2018 edition, Code for Motor Fuel Dispensing Facilities and Repair Garages.

(u) NFPA 30B, 2019 2015 edition, Code for the Manufacture and Storage of Aerosol Products.

(v) NFPA 31, 2020 2016 edition, Standard for the Installation of Oil-Burning Equipment.

(w) No change.

(x) NFPA 33, 2018 2016 edition, Standard for Spray Application Using Flammable or Combustible Materials.

(y) NFPA 34, 2018 2015 edition, Standard for Dipping, Coating, and Printing Processes Using Flammable or Combustible Liquids.

(z) through (aa) No change.

(bb) NFPA 37, 2021 2018 edition, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines.

(cc) NFPA 40, 2019 2016 edition, Standard for the Storage and Handling of Cellulose Nitrate Film.

(dd) NFPA 45, 2019 2015 edition, Standard on Fire Protection for Laboratories Using Chemicals.

(ee) No change.

(ff) NFPA 51B, 2019 2014 edition, Standard for Fire Prevention During Welding, Cutting, and Other Hot Work.

(gg) NFPA 52, 2019 2016 edition, Vehicular Natural Gas Fuel Systems Code.

(hh) NFPA 54, 2021 2018 edition, National Fuel Gas Code.

(ii) NFPA 55, 2020 2016 edition, Compressed GasesGasses and Cryogenic Fluids Code.

(jj) NFPA 56, 2020 2017 edition, Standard for Fire and Explosion Prevention During Cleaning and Purging of Flammable Gas Piping Systems.

(kk) NFPA 58, 2020 2017 edition, Liquefied Petroleum Gas Code.

(ll) NFPA 59, 2021 2018 edition, Utility LP-Gas Plant Code.

(mm) NFPA 59A, 2019 2016 edition, Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG).

(nn) NFPA 61, 2020 2017 edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities.

(oo) NFPA 68, 2018 2013 edition, Standard on Explosion Protection by Deflagration Venting.

(pp) NFPA 69, 2019 2014 edition, Standard on Explosion Prevention Systems.

(qq) NFPA 70, 2020 2017 edition, National Electrical Code®.

(rr) NFPA 72, 2019 2016 edition, National Fire Alarm and Signaling Code.

(ss) NFPA 75, 2020 2017 edition, Standard for the Fire Protection of Information Technology Equipment.

(tt) NFPA 76, 2020 2016 edition, Standard for the Fire Protection of Telecommunications Facilities.

(uu) NFPA 80, 2019 2016 edition, Standard for Fire Doors and Other Opening Protectives.

(vv) NFPA 82, 2019 2014 edition, Standard on Incinerators and Waste and Linen Handling Systems and Equipment.

(ww) NFPA 85, 2019 2015 edition, Boiler and Combustion Systems Hazards Code.

(xx) NFPA 86, 2019 2015 edition, Standard for Ovens and Furnaces.

(yy) NFPA 88A, 2019 2015 edition, Standard for Parking Structures.

(zz) NFPA 90A, 2021 2018 edition, Standard for the Installation of Air-Conditioning and Ventilating Systems.

(aaa) NFPA 90B, 2021 2018 edition, Standard for the Installation of Warm Air Heating and Air-Conditioning Systems.

(bbb) NFPA 91, 2020 2015 edition, Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Particulate Solids.

(ccc) NFPA 92, 2018 2015 edition, Standard for Smoke-Control Systems.

(ddd) NFPA 96, 2021 2017 edition, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations.

(eee) NFPA 99, 2021 2018 edition, Health Care Facilities Code.

(fff) NFPA 99B, 2021 2018 edition, Standard for Hypobaric Facilities.

(ggg) NFPA 101, 2021 2018 edition, Life Safety Code®.

(hhh) NFPA 101A, 2019 2016 edition, Guide on Alternative Approaches to Life Safety.

(iii) No change.

(jjj) NFPA 105, 2019 2016 edition, Standard for Smoke Door Assemblies and Other Opening Protectives.

(kkk) NFPA 110, 2019 2016 edition, Standard for Emergency and Standby Power Systems.

(lll) NFPA 111, 2019 2016 edition, Standard on Stored Electrical Energy Emergency and Standby Power Systems.

(mmm) NFPA 115, 2020 2016 edition, Standard for Laser Fire Protection.

(nnn) NFPA 120, 2020 2015 edition, Standard for Fire Prevention and Control in Coal Mines.

(ooo) NFPA 122, 2020 2015 edition, Standard for Fire Prevention and Control in Metal/Nonmetal Mining and Metal Mineral Processing Facilities.

(ppp) NFPA 130, 2020 2017 edition, Standard for Fixed Guideway Transit and Passenger Rail Systems.

(qqq) NFPA 140, 2018 2013 edition, Standard on Motion Picture and Television Production Studio Soundstages, Approved Production Facilities, and Production Locations.

(rrr) NFPA 150, 2019 2016 edition, Standard on Fire and Life Safety in Animal Housing Facilities.

(sss) NFPA 160, 2021 2016 edition, Standard for the Use of Flame Effects Before an Audience.

(ttt) NFPA 170, 2018 2015 edition, Standard for Fire Safety and Emergency Symbols.

(uuu) NFPA 204, 2018 2015 edition, Standard for Smoke and Heat Venting.

(vvv) NFPA 211, 2019 2016 edition, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances.

(www) NFPA 221, 2021 2018 edition, Standard for High Challenge Fire Walls, Fire Walls, and Fire Barrier Walls.

(xxx) No change.

(yyy) NFPA 241, 2019 2013 edition, Standard for Safeguarding Construction, Alteration and Demolition Operations.

(zzz) through (aaaa) No change.

(bbbb) NFPA 253, 2019 2015 edition, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source.

(cccc) No change.

(dddd) NFPA 259, 2018 2013 edition, Standard Test Method for Potential Heat of Building Materials.

(eeee) NFPA 260, 2019 2013 edition, Standard Methods of Tests and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture.

(ffff) NFPA 261, 2018 2013 edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes.

(gggg) NFPA 265, 2019 2015 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.

(hhhh) NFPA 286, 2019 2015 edition, Standard Methods of Fire TestsTest for Evaluating Contribution of Wall and Ceiling Interior Finish to Room Fire Growth.

(iiii) No change.

(jjjj) NFPA 289, 2019 2013 edition, Standard Method of Fire Test for Individual Fuel Packages.

(kkkk) No change.

(llll) NFPA 302, 2020 2015 edition, Fire Protection Standard for Pleasure and Commercial Motor Craft.

(mmmm) NFPA 303,  2021 2016 edition, Fire Protection StandardStandards for Marinas and Boatyards.

(nnnn) NFPA 307, 2021 2016 edition, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves.

(oooo) NFPA 312, 2021 2016 edition, Standard for Fire Protection of Vessels During Construction, Conversion, Repair, and Lay-Up.

(pppp) NFPA 318, 2021 2018 edition, Standard for the Protection of Semiconductor Fabrication Facilities.

(qqqq) NFPA 326, 2020 2015 edition, Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair.

(rrrr) No change.

(ssss) NFPA 400, 2019 2016 edition, Hazardous Materials Code.

(tttt) through (wwww) No change.

(xxxx) NFPA 410, 2020 2015 edition, Standard on Aircraft Maintenance.

(yyyy) NFPA 415, 2021 2016 edition, Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways.

(zzzz) No change.

(aaaaa) NFPA 423, 2021 2016 edition, Standard for Construction and Protection of Aircraft Engine Test Facilities.

(bbbbb) NFPA 484, 2019 2015 edition, Standard for Combustible Metals.

(ccccc) NFPA 495, 2018 2013 edition, Explosive Materials Code.

(ddddd) NFPA 498, 2018 2013 edition, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives.

(eeeee) through (ffff) No change.

(ggggg) NFPA 502, 2020 2017 edition, Standard for Road Tunnels, Bridges, and Other Limited Access Highways.

(hhhhh) NFPA 505, 2018 2013 edition, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operations.

(iiiii) NFPA 601, 2020 2015 edition, Standard for Security Services in Fire Loss Prevention.

(jjjjj) NFPA 652, 2019 2016 edition, Standard on the Fundamentals of Combustible Dust.

(kkkkk) NFPA 654, 2020 2013 edition, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids.

(lllll) No change.

(mmmmm) NFPA 664, 2020 2017 edition, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities.

(nnnnn) NFPA 701, 2019 2015 edition, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films.

(ooooo) NFPA 703, 2021 2018 edition, Standard for Fire Retardant-Treated Wood and Fire-Retardant Coatings for Building Materials.

(ppppp) No change.

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

(qqqqq)(rrrrr) NFPA 731, 2020 2017 edition, Standard for the Installation of Electronic Premises Security Systems.

(rrrrr)(sssss) NFPA 750, 2019 2015 edition, Standard on Water Mist Fire Protection Systems.

(sssss)(ttttt) NFPA 780, 2020 2017 edition, Standard for the Installation of Lightning Protection Systems.

(ttttt)(uuuuu) NFPA 801, 2019 2014 edition, Standard for Fire Protection for Facilities Handling Radioactive Materials.

(uuuuu)(vvvvv) NFPA 804, 2020 2015 edition, Standard for Fire Protection for Advanced Light Water Reactor Electric Generating Plants.

(vvvvv)(wwwww) NFPA 805, 2020 2015 edition, Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants.

(wwwww)(xxxxx) NFPA 820, 2020 2016 edition, Standard for Fire Protection in Wastewater Treatment and Collection Facilities.

(xxxxx) NFPA 855, 2020 edition, Standard for the Installation of Stationaary Energy Storage System

(yyyyy) No change.

(zzzzz) NFPA 914, 2019 2015 edition, Code for Fire Protection of Historic Structures.

(aaaaaa) through (bbbbb) No change.

(cccccc) NFPA 1124, 2021 2017 edition, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles.

(dddddd) No change.

(eeeeee) NFPA 1126, 2001 2016 edition, Standard for the Use of Pyrotechnics Before a Proximate Audience.

(ffffff) through (iiiiii) No change.

(jjjjjj) NFPA 1192, 2021 2018 edition, Standard on Recreational Vehicles.

(kkkkkk) NFPA 1194, 2021 2018 edition, Standard for Recreational Vehicle Parks and Campgrounds.

(llllll) NFPA 1221, 2019 2016 edition, Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems.

(mmmmmm) NFPA 1730, 2019 2016 edition, Standard on Organization and Deployment of Fire Prevention Inspection and Code Enforcement, Plan Review, Investigation, and Public Education Operations.

(nnnnnn) NFPA 1901, 2021 2016 edition, Standard for Automotive Fire Apparatus.

(oooooo) NFPA 1906, 2021 2016 edition, Standard for Wildland Fire Apparatus.

(pppppp) NFPA 1925, 2018 2013 edition, Standard on Marine Fire-Fighting Vessels.

(qqqqqq) NFPA 1963, 2019 2014 edition, Standard for Fire Hose Connections.

(rrrrrr) NFPA 2001, 2018 2015 edition, Standard on Clean Agent Fire Extinguishing Systems.

(ssssss) NFPA 2010, 2020 2015 edition, Standard for Fixed Aerosol Fire-Extinguishing Systems.

(tttttt) NFPA 2113, 2020 2015 edition, Standard on Selection, Care, Use, and Maintennce of Flame-Resistant Garments for Protection of Industrial Personnel Against Short-Duration Thermal Exposures from Fire.

(2) through (11) No change.

 

Proposed Effective Date: 12/31/23

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, 12-31-20,12-31-23.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Elijah Flowers, Division of State Fire Marshal

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 03, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 22, 2023