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 to include the most recently adopted National Fire Protection Standards as directed by Section 633.0215, F.S.
SUMMARY: This rule addresses the rules and codes authorized by Section 633.022, 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: 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. An SERC has been prepared by the agency.
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: 633.01(1), 633.022, 633.0215, 633.027 FS.
LAW IMPLEMENTED: 633.01, 633.022, 633.0214, 633.027 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 21, 2011, 10:00 a.m.; July 22, 2011, 10:00 a.m.
PLACE: July 21 – Tacachale Center, 1621 N.E. Waldo Road, Gainesville, Florida
July 22 – Sarasota Police Dept. Building, 2099 Adams Lane, Sarasota, Florida
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 (850)413-3619 or Belinda.Chukes@MyFloridaCFO.com. 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, 200 E. Gaines Street, Tallahassee, FL 32399-0342, (850)413-3620 or Jim.Goodloe@MyFloridaCFO.com

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®, 2009 2006 edition and the Florida specific edition of NFPA 1, the Uniform Fire Code 2009 2006 edition, as adopted within Rule Chapter 69A-60, F.A.C., entitled the “2010 2007 edition of the Florida Fire Prevention Code,” 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 633.022, 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 10-2007 2002 edition, Standard for Portable Fire Extinguishers

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

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

NFPA 12-2008 2005 edition, Standard on Carbon Dioxide Extinguishing Systems

NFPA 12A-2009 2004 edition, Standard on Halon 1301 Fire Extinguishing Systems

NFPA 13-2007 2002 edition, Standard for the Installation of Sprinkler Systems

NFPA 13D-2007 2002 edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes

NFPA 13R-2007 2002 edition, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height

NFPA 14-2007 2003 edition, Standard for the Installation of Standpipe and Hose Systems, except 2-7 shall be omitted,

NFPA 15-2007 2001 edition, Standard for Water Spray Fixed Systems for Fire Protection

NFPA 16-2007 2003 edition, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems

NFPA 17-2009 2002 edition, Standard for Dry Chemical Extinguishing Systems

NFPA 17A-2009 2002 edition, Standard on Wet Chemical Extinguishing Systems

NFPA 20-2007 2003 edition, Standard for the Installation of Stationary Pumps for Fire Protection

NFPA 22-2008 2003 edition, Standard for Water Tanks for Private Fire Protection

NFPA 24-2007 2002 edition, Standards for the Installation of Private Fire Service Mains and Their Appurtenances

NFPA 25-2008 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 30-2008 2003 edition, Flammable and Combustible Liquids Code

NFPA 30A-2008 2003 edition, Code for Motor Ffuel Dispensing Facilities and Repair Garages

NFPA 30B-2007 2002 edition, Code for the Manufacture and Storage of Aerosol Products

NFPA 31-2006 2001 edition, Standard for the Installation of Oil Burning Equipment

NFPA 32-2007 2004 edition, Standards for Drycleaning Plants

NFPA 33-2007 2003 edition, Standard for Spray Application Using Flammable and Combustible Materials

NFPA 34-2007 2003 edition, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids

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

NFPA 36-2004 edition, Standard for Solvent Extraction Plants

NFPA 37-2006 2002 edition, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines

NFPA 40-2007 2001 edition, Standard for the Storage and Handling of Cellulose Nitrate Film

NFPA 45-2004 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 51-2007 2002 edition, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Processes

NFPA 51A-2006 2001 edition, Standard for Acetylene Cylinder Charging Plants

NFPA 51B-2009 2003 edition, Standard for Fire Prevention During Welding, Cutting and Other Hot Work

NFPA 52-2006 edition, Vehicular Fuel Systems Code

NFPA 53-2011 2004 edition, Recommended Practice on Materials, Equipment, and Systems Used in Oxygen-Enriched Atmospheres

NFPA 54-2009 2006 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 58-2008 2004 edition, Liquefied Petroleum Gas Code

NFPA 59-2008 2004 edition, Utility LP-Gas Plant Code

NFPA 59A-2009 2006 edition, Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG)

NFPA 61-2008 2002 edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Products Facilities

NFPA 68-2007 edition, Standard on Explosion Protection by Deflagration Venting

NFPA 69-2008 2002 edition, Standard on Explosion Prevention Systems

NFPA 70-2008 2005 edition, National Electrical Code®

NFPA 72-2007 2002 edition, National Fire Alarm Code®

NFPA 75-2009 2003 edition, Standard for the Protection of information Technology Equipment

NFPA 80-2007 1999 edition, Standard for Fire Doors and Other Opening Protectives Fire Windows

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

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

NFPA 85-2007 edition, Boiler and Combustion Systems Hazards Code

NFPA 86-2007 2003 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-2007 2002 edition, Standard for Parking Structures

NFPA 90A-2009 2002 edition, Standard for the Installation of Air-Conditioning and Ventilating Systems

NFPA 90B-2009 2006 edition, Standard for the Installation of Warm Air Heating and Air-Conditioning Systems

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

NFPA 92A-2009 2006 edition, Standard for Smoke-Control Systems Utilizing Bbarriers and Pressure Differences

NFPA 92B-2009 2005 edition, Standard for Smoke Management Systems in Malls, Atria, and Large Spaces

NFPA 96-2008 2004 edition, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. Section 10.2.3 Subdivision 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.

NFPA 99-2005 edition, Standard for Health Care Facilities

NFPA 99B-2010 2005 edition, Standard for Hypobaric Facilities

NFPA 101A-2007 2004 edition, Guide on Alternative Approaches to Life Safety

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

NFPA 102-2006 1995 edition, Standard for Grandstands, Folding and Telescoping Seating, Tents and Membrane Structures

NFPA 105-2007 2003 edition, Standard Recommended Practice for the Installation of Smoke-Control Door Assemblies and Other Opening Protectives

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

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

NFPA 115-2008 2003 edition, Standard for Recommended Practice on Laser Fire Protection

NFPA 120-2004 edition, Standard for Fire Prevention and Control in Coal Mines

NFPA 122-2004 edition, Standard for Fire Prevention and Control in Metal/Nonmetal Mining and Metal Mineral Processing Facilities

NFPA 130-2010 2007 edition, Standard for Fixed Guideway Transit and Passenger Rail Systems

NFPA 140-2008 2004 edition, Standard on Motion Picture and Television Production Studio Soundstages, and Approved Production Facilities, and Production Locations

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

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

NFPA 170-2006 edition, Standard for Fire Safety and Emergency Symbols

NFPA 204-2007 edition, Standard for Smoke and Heat Venting

NFPA 211-2006 2003 edition, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel Burning Appliances

NFPA 214-2011 2005 edition, Standard on Water-Cooling Towers

NFPA 221-2009 2006 edition, Standard for High Challenge Fire Walls, Fire Walls, and Fire Barrier Walls

NFPA 232-2007 2000 edition, Standard for the Protection of Records

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

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

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

NFPA 252-2008 2003 edition, Standard Methods of Fire Tests of Door Assemblies

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

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

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

NFPA 257-2007 2000 edition, Standard on Fire Tests for Window and Glass Block Assemblies

NFPA 259-2008 2003 edition, Standard Test Method for Potential Heat of Building Materials

NFPA 260-2009 2003 edition, Standard Methods of Test and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture

NFPA 261-2009 2003 edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes

NFPA 265-2007 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 271-2004 edition, Standard Method of Test for Heat and Visible Smoke Release Rates for Materials and Products Using an Oxygen Consumption Calorimeter

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

NFPA 288-2007 edition, Standard Methods of Fire Tests of Floor Fire Door Assemblies Installed Horizontally in Fire Resistance-Rated Floor Systems

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

NFPA 302-2004 edition, Fire Protection Standard for Pleasure and Commercial Motor Craft

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

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

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

NFPA 318-2009 2006 edition, Standard for the Protection of Semiconductor Fabrication Facilities

NFPA 326-2005 edition, Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair

NFPA 385-2007 2000 edition, Standard for Tank Vehicles for Flammable and Combustible Liquids

NFPA 407-2007 2001 edition, Standard for Aircraft Fuel Servicing

NFPA 409-2004 edition, Standard on Aircraft Hangars

NFPA 410-2004 edition, Standard on Aircraft Maintenance

NFPA 415-2008 2002 edition, Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways

NFPA 418-2006 2001 edition, Standard for Heliports

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

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

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

NFPA 484-2009 2006 edition, Standard for Combustible Metals

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

NFPA 495-2006 edition, Explosive Materials Code

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

NFPA 501-2005 edition, Standard on Manufactured Housing

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

NFPA 502-2011 2008 edition, Standard for Road Tunnels, Bridges, and Other Limited Access Roadways

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

NFPA 560-2007 edition, Standard for the Storage, Handling, and Use of Ethylene Oxide for Sterilization and Fumigation

NFPA 601-2005 edition, Standard for Security Services in Fire Loss Prevention

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

NFPA 655-2007 2001 edition, Standard for Prevention of Sulfur Fires and Explosions

NFPA 664-2007 2002 edition, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities

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

NFPA 703-2009 2006 edition, Standard for Fire Retardant-Treated Wood and Fire- Retardant Coatings for Building Materials

NFPA 704-2007 2001 edition, Standard System for the Identification of the Fire Hazards of Materials for Emergency Response

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

NFPA 780-2011 2004 edition, Standard for the Installation of Lightning Protection Systems

NFPA 820-2008 2003 edition, Standard for Fire Protection in Wastewater Treatment and Collection Facilities

NFPA 850-2010 2005 edition, Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations

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

NFPA 914-2007 edition, Code for Fire Protection of Historic Structures

NFPA 1122-2008 2002 edition, Code for Model Rocketry

NFPA 1123-2006 edition, Code for Fireworks Display

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

NFPA 1125-2007 2001 edition, Code for the Manufacture of Model Rocket and High Power Rocket Motors

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

NFPA 1127-2008 2002 edition, Code for High Power Rocketry

NFPA 1142-2007 2001 edition, Standard for Water Supplies on for Suburban and Rural Fire Fighting

NFPA 1144-2008 edition, Standard for Reducing Structure Ignition Hazards from Wildland Fire

NFPA 1192-2008 edition, Standard on Recreational Vehicles

NFPA 1194-2008 2005 edition, Standard for Recreational Vehicle Parks and Campgrounds

NFPA 1221-2010 2007 edition, Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems

NFPA 1561-2008 2005 edition, Standard on Emergency Services Incident Management System

NFPA 1600-2007 edition, Standard on Disaster/Emergency Management and Business Continuity Programs

NFPA 1962-2008 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 edition, Standards for Fire Hose Connections

NFPA 2001-2008 2004 edition, Standard on Clean Agent Fire Extinguishing Systems

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 (3) No change.

(4) The codes and standards published by the National Fire Protection Association, including the Florida edition of NFPA 1 and NFPA 101 as adopted in Rule Chapter 69A-60, F.A.C., may be obtained by writing to BNi, 1612 S. Clementine Street, Anaheim, CA 92802. ANSI standards may be obtained from the American National Standards Institute, 25 West 43rd Street, 4th Floor, 1430 Broadway, New York, N.Y. 10036 10018. ANSI/ASME standards may be obtained from the American Society of Mechanical Engineers, Three Park Avenue 345 East 47th Street, New York, N.Y. 10016-5990 10017. ASTM standards may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken 1916 Race Street, Philadelphia, PA 19428-2959 19103. UL standards may be obtained from Underwriters Laboratories, Inc., 333 Pfingston Road, Northbrook, IL 60062. All standards incorporated by reference in this rule are also available for public inspection during regular business hours at the Division currently located on the Third Floor (Room 326) of the Atrium Building, 325 John Knox Road, Tallahassee, Florida.

(5) through (11) No change.

PROPOSED EFFECTIVE DATE: December 31, 2011.

Rulemaking Authority 633.01(1), 633.022, 633.0215, 633.027 FS. Law Implemented 633.01, 633.022, 633.0215, 633.027 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.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Goodloe, 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 14, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 20, 2010