Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
RULE NO: RULE TITLE
69A-3.012: Standards of the National Fire Protection Association and Other Standards Adopted
PURPOSE AND EFFECT: To Update the Florida Fire Prevention Code as required by Section 633.0215(1), Florida Statutes.
SUMMARY: The proposed amendment updates the Florida Fire Prevention Code as is required on a triennial basis by the provisions of Section 633.0215(1), Florida Statutes, by adopting current standards of the National Fire Protection Association.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 633.01, 633.022, 633.0215 FS.
LAW IMPLEMENTED: 633.01, 633.022, 633.0215 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 14, 2008, 10:00 a.m.
PLACE: Third Floor Conference Room, The Atrium Building, 325 John Knox Road, Tallahassee, Florida 32303
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 2 days before the workshop/meeting by contacting: Belinda Chukes, (850)413-3619. 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: Jim Goodloe, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, FL 32399-0342, phone: (850)413-3171; fax: (850)414-6119

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®, 2006 2003 edition and the Florida specific edition of NFPA 1, the Uniform Fire Code, 2006 2003 edition, as adopted within Rule Chapter 69A-60, F.A.C., entitled the “2007 2004 edition of the Florida Fire Prevention Code,” are hereby adopted and incorporated by reference 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 633.022, 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 633.022, F.S.:

NFPA 10-2002 edition, Standard for Portable Fire Extinguishers

NFPA 11-2005 2002 edition, Standard for Low-, Medium, and High- Expansion Foam

NFPA 11A-1999 edition, Standard for Medium and High Expansion Foam Systems

NFPA 12-2005 2000 edition,  Standard on Carbon Dioxide Extinguishing Systems

NFPA 12A-2004 1997 edition, Standard on Halon 1301 Fire Extinguishing Systems

NFPA 13-2002 edition, Standard for the Installation of Sprinkler Systems

NFPA 13D-2002 edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes

NFPA 13R-2002 edition, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height

NFPA 14-2003 edition, Standard for the Installation of Standpipe and Hose Systems, except 2-7 shall be omitted

NFPA 15-2001 edition, Standard for Water Spray Fixed Systems for Fire Protection

NFPA 16-2003 edition, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems

NFPA 17-2002 edition, Standard for Dry Chemical Extinguishing Systems

NFPA 17A-2002 edition, Standard on Wet Chemical Extinguishing Systems

NFPA 20-2003 1999 edition, Standard for the Installation of Stationary Pumps for Fire Protection

NFPA 22-2003 edition, Standard for Water Tanks for Private Fire Protection

NFPA 24-2002 edition, Standards for the Installation of Private Fire Service Mains and Their Appurtenances

NFPA 25-2002 edition, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, except that quarterly flow tests shall be required for those systems supplied by a municipal water supply.

NFPA 30-2003 2000 edition, Flammable and Combustible Liquids Code

NFPA 30A-2003 2000 edition, Code for Motor fuel Dispensing Facilities and Repair Garages

NFPA 30B-2002 edition, Code for the Manufacture and Storage of Aerosol Products

NFPA 31-2001 edition, Standard for the Installation of Oil Burning Equipment

NFPA 32-2004 2000 edition, Standards for Drycleaning Plants

NFPA 33-2003 2000 edition, Standard for Spray Application Using Flammable and Combustible Materials

NFPA 34-2003 2000 edition, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids

NFPA 35-2005 1999 edition, Standard for the Manufacture of Organic Coatings

NFPA 36-2004 2001 edition, Standard for Solvent Extraction Plants

NFPA 37-2002 edition, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines

NFPA 40-2001 201 edition, Standard for the Storage and Handling of Cellulose Nitrate Film

NFPA 45-2004 2000 edition, Standard on Fire Protection for Laboratories Using Chemicals

NFPA 50-2001 edition, Standard for Bulk Oxygen Systems at Consumer Sites

NFPA 50B-1999 edition, Standard for Liquid Hydrogen Systems at Consumer Sites

NFPA 51-2002 edition, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Processes

NFPA 51A-2001 edition, Standard for Acetylene Cylinder Charging Plants

NFPA 51B-2003 1999 edition, Standard for Fire Prevention During Welding, Cutting and Other Hot Work

NFPA 52-2006 2002 edition, Compressed Natural Gas Vehicular Fuel Systems Code

NFPA 53-2004 edition, Recommended Practice on Materials, Equipment, and Systems Used in Oxygen-Enriched Atmospheres

NFPA 54-2006 2002 edition, National Fuel Gas Code

NFPA 55-2005 edition, Standard for the Storage, Use, and Handling of Compressed Gasses and Cryogenic Fluids in Portable and Stationary Containers, Cylinders and Tanks

NFPA 57-2002 edition, Liquefied Natural Gas Vehicular Fuel Systems Code

NFPA 58-2004 2002 edition, Liquefied Petroleum Gas Code

NFPA 59-2004 2001 edition, Utility LP-Gas Plant Code

NFPA 59A-2006 2001 edition, Standard for the Production, Storage and Handling of Liquefied Natural Gas

NFPA 61-2002 edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Products Facilities

NFPA 69-2002 edition, Standard on Explosion Prevention Systems

NFPA 70- 2005 2002 edition, National Electrical Code

NFPA 72-2002 edition, National Fire Alarm Code

NFPA 75-2003 edition, Standard for the Protection of Information Technology Equipment

NFPA 80-1999 edition, Standard for Fire Doors and Fire Windows

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

NFPA 82-2004 1999 edition, Standard on Incinerators and Waste and Linen Handling Systems and Equipment

NFPA 86-2003 1999 edition, Standard for Ovens and Furnaces

NFPA 86C-1999 edition, Standard for Industrial Furnaces Using a Special Processing Atmosphere

NFPA 86D-1999 edition, Standard for Industrial Furnaces Using Vacuum as an Atmosphere

NFPA 88A-2002 edition, Standard for Parking Structures

NFPA 90A-2002 edition, Standard for the Installation of Air Conditioning and Ventilating Systems

NFPA 90B-2006 2002 edition, Standard for the Installation of Warm Air Heating and Air Conditioning Systems

NFPA 91-2004 1999 edition, Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids

NFPA 92A-2006 2000 edition, Recommended Practice for Smoke-Control Systems

NFPA 92B-2005 2000 edition, Guide for Smoke Management Systems in Malls, Atria, and Large Areas

NFPA 96-2004 2001 edition, Standard for Ventilation Control and Fire Prevention of Commercial Cooking Operations. Subdivision 10-2.3 7-2.2 of NFPA 96 applies prospectively only. Existing installations are permitted to remain in place subject to the approval of the authority having jurisdiction.

NFPA 99-2005 2002 edition, Standard for Health Care Facilities

NFPA 99B–2005 edition, Standard Hypobaric Facilities

NFPA 101A-2004  2001 edition, Guide on Alternative Approaches to Life Safety

NFPA 101B-2002 edition, Standard on Means of Egress for Buildings and Structures

NFPA 102-1995 edition, Standard for Grandstands, Folding and Telescoping Seating, Tents and Membrane Structures

NFPA 105-2003 edition, Recommended Practice for the Installation of Smoke-Control Door Assemblies

NFPA 110-2005 2002 edition, Standard for Emergency and Standby Power Systems

NFPA 111-2005 2001 edition, Standard on Stored Electrical Energy Emergency and Standby Power Systems

NFPA 115-2003 edition, Recommended Practice on Laser Fire Protection

NFPA 120-2004 1999 edition, Standard for Coal Preparation Plants

NFPA 130-2007 edition, Standard for Fixed Guideway Transit and Passenger Rail Systems

NFPA 140-2004 1999 edition, Standard on Motion Picture and Television Production Studio Soundstages and Approved Production Facilities

NFPA 150-2007 2000 edition, Standard on Fire and Life Safety in Animal Housing Facilities Firesafety in Racetrack Stables

NFPA 160-2006 2001 edition, Standard for Flame Effects Before an Audience

NFPA 211-2003 edition, Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances

NFPA 214-2005 2000 edition, Standard on Water-Cooling Towers

NFPA 221-2006 2000 edition, Standard for High Challenge Fire Walls on, Fire Walls and Fire Barrier Walls

NFPA 230-2003 edition, Standard for the Fire Protection of Storage

NFPA 232-2000 edition, Standard for the Protection of Records

NFPA 232A-1995 edition, Guide for Fire Protection for Archives and Record Centers

NFPA 241-2004 2000 edition, Standard for Safeguarding Construction, Alteration and Demolition Operations

NFPA 251-2006 1999 edition, Standard Methods of Tests of Fire Endurance of Building Construction and Materials

NFPA 252-2003 1999 edition, Standard Methods of Fire Tests of Door Assemblies

NFPA 253-2006 2000 edition, Standard Method of Test for Critical Flux of Floor Covering Systems Using a Radiant Heat Energy Source

NFPA 255-2006 2000 edition, Standard Method of Test of Surface Burning Characteristics of Building Materials

NFPA 256-2003 1998 edition, Standard Methods of Fire Tests of Roof Coverings

NFPA 257-2000 edition, Standard on Fire Tests for Window and Glass Block Assemblies

NFPA 259-2003 edition, Standard Test Method for Potential Heat of Building Materials

NFPA 260- 2003 1998 edition, Standard Method of Test and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture

NFPA 261-2003 1998 edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes

NFPA 265-2002 edition, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Coverings on full Height Panels and Walls

NFPA 267-1998 edition, Standard Method of Test for Fire Characteristics of Mattresses and Bedding Assemblies Exposed to Flaming Ignition Sources

NFPA 286-2006 2000 edition, Standard Method of Fire Test for Evaluating Contribution of Wall and Ceiling Interior Finish to Room Fire Growth

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

NFPA 303-2006 2000 edition, Fire Protection Standards for Marinas and Boatyards

NFPA 307-2006 2000 edition, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves

NFPA 312-2006 2000 edition, Standard for Fire Protection of Vessels During Construction, Repair and Lay-Up

NFPA 318-2006 2002 edition, Standard for the Protection of Semiconductor Fabrication Facilities

NFPA 385-2000 edition, Standard for Tank Vehicles for Flammable and Combustible Liquids

NFPA 407-2001 edition, Standard for Aircraft Fuel Servicing

NFPA 409-2004 2001 edition, Standard on Aircraft Hangars

NFPA 410-2004 1999 edition, Standard on Aircraft Maintenance

NFPA 415-2002 edition, Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways

NFPA 418-2001 edition, Standard for Heliports

NFPA 430-2004 2000 edition, Code for Storage of Liquid and Solid Oxidizers

NFPA 432-2002 edition, Code for Storage of Organic Peroxide Formulations

NFPA 434-2002 edition, Code for the Storage of Pesticides

NFPA 484-2006 2002 edition, Standard for Combustible Metals, Metal Powders, and Metal Dusts

NFPA 490-2002 1998 edition, Code for the Storage of Ammonium Nitrate

NFPA 495-2006 2001 edition, Explosive Materials Code

NFPA 498-2006 2001 edition, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives

NFPA 501-2005 2003 edition, Standard on Manufactured Housing

NFPA 501A-2005 2003 edition, Standard for Firesafety Criteria for Manufactured Home Installations, Sites, and Communities

NFPA 502, 2008 edition Standard for Road Tunnels, Bridges, and Other Limited Access Roadways

NFPA 505-2006 2002 edition, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operation

NFPA 654-2006 2000 edition, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids

NFPA 655-2001 edition, Standard for Prevention of Sulfur Fires and Explosions

NFPA 664-2002 edition, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities

NFPA 701-2004 1999 edition, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films

NFPA 703-2006 2000 edition, Standard for Fire Retardant Impregnated Wood and Fire Retardant Coatings for Building Materials

NFPA 704-2001 edition, Standard System for the Identification of the Fire Hazards of Materials for Emergency Response

NFPA 750-2006 edition, Standard for Water Mist Fire Protection Systems

NFPA 780-2004 2000 edition, Standard for the Installation of Lightning Protection Systems

NFPA 820, 2003 edition, Standard for Fire Protection in Wastewater Treatment and Collection Facilities

NFPA 850, 2005 edition, Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations

NFPA 909-2005 2001 edition, Standard for the Protection of Cultural Resource Properties – Museums, Libraries, and Places of Worship

NFPA 1122-2002 edition, Code for Model Rocketry

NFPA 1123-2006 2000 edition, Code for Fireworks Display

NFPA 1124-2006 2003 edition, Code for the Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles

NFPA 1125-2001 edition, Code for the Manufacture of Model Rocket and High Power Rocket Motors

NFPA 1126-2006 2001 edition, Standard for the Use of Pyrotechnics Before a Proximate Audience

NFPA 1127-2002 edition, Code for High Power Rocketry

NFPA 1142-2001 edition, Standard for Water Supplies for Suburban and Rural Fire Fighting

NFPA 1194-2005 2002 edition, Standard for Recreation Vehicle Parks and Campgrounds

NFPA 1221-2007 2002 edition, Standard for the Installation, Maintenance, and Use of Emergency Communications Systems

NFPA 1561-2007 2002 edition, Standard on Emergency Services Incident Management System

NFPA 1962-2003 edition, Standard for the Inspection, Care, and Use of Fire Hose Including Couplings and Nozzles; and the Service Testing of Fire Hose

NFPA 1963-2003 1998 edition, Standards for Fire Hose Connections

NFPA 2001-2004 2000 edition, Standard on Clean Agent Fire Extinguishing Systems

NFPA 8501-1997 edition, Standard for Single Burner Operation

NFPA 8502-1999 edition, Standard for the Prevention of Furnace Explosions/Implosions in Multiple Burner Boilers

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.  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.  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.

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 (5) No change.

Specific Authority 633.01(1), 633.022, 633.0215 FS. Law Implemented 633.01, 633.022, 633.0215  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,__________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Goodloe, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Les Hallman, Director, Division of State Fire Marshal, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 18, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 2, 2007