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TITLE 675 FIRE PREVENTION AND BUILDING SAFETY COMMISSION

Final Rule
LSA Document #12-51(F)

DIGEST

Amends 675 IAC 28-1-2 to update to the 2010 edition of the NFPA 10, National Fire Protection Association Standard for Portable Fire Extinguishers and make conforming changes. Repeals 675 IAC 22-2.2-11, 675 IAC 28-1-14, and 675 IAC 28-1-20. Effective 30 days after filing with the Publisher.



SECTION 1. 675 IAC 28-1-2 IS AMENDED TO READ AS FOLLOWS:

675 IAC 28-1-2 NFPA 10; standard for portable fire extinguishers

Authority: IC 22-13-2-2; IC 22-13-2-13


Sec. 2. (a) That certain standard, being titled NFPA 10, Standard for Portable Fire Extinguishers, 2002 2010 edition, published by the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts 02269-9101, 02169-7471, be and the same is hereby adopted by reference as if fully set out in this section except as revised hereafter.

(b) The following documents referenced in NFPA 10 are not adopted, are not enforceable, and are for information only:
(1) NFPA 30A.
(2) NFPA 32.
(3) NFPA 96.
(4) NFPA 120.
(5) NFPA 122.
(6) NFPA 241.
(7) NFPA 302.
(8) NFPA 303.
(9) NFPA 408.
(10) NFPA 410.
(11) NFPA 418.
(12) NFPA 430.
(13) NFPA 498.
(14) NFPA 1192.
(15) NFPA 1194.
(16) ASTM D 5391.
(17) CGA C-1.
(18) NPCA Hazardous Materials Identification System Revised, Implementational Manual, 1981.
(19) ANSI/UL 8.
(20) ANSI/UL 154.
(21) ANSI/UL 299.
(22) ANSI/UL 626.
(23) ANSI/UL 711.
(24) ANSI/UL 1093.
(25) ANSI/UL 1803.
(26) ANSI/UL 2129.
(27) CAN/ULC-S503.
(28) CAN/ULC-S504.
(29) CAN/ULC-S507.
(30) CAN/ULC-S508.
(31) CAN/ULC-S512.
(32) Title 49, Code of Federal Regulations, 1989.

(c) The following documents referenced in NFPA 10 are adopted and are enforceable:
(1) NFPA 13, as adopted in 675 IAC 13-1-8.
(2) NFPA 14, as adopted in 675 IAC 13-1-9.
(3) NFPA 58, as adopted in 675 IAC 22-2.2-14.
(4) NFPA 86, as adopted in section 31 of this rule.
(5) NFPA 407, as adopted in section 36 of this rule.
(6) NFPA 704, as adopted in section 38 of this rule.

(b) This rule is available for review and reference at the:
Legal and Code Services Section
Indiana Department of Homeland Security
Indiana Government Center South
302 West Washington Street, Room W246
Indianapolis, Indiana 46204

(c) Delete the text of Section 1.1 and insert the following: Scope. The provisions of this standard apply to the selection, installation, inspection, maintenance, and testing of portable extinguishing systems.

(d) Delete Section 1.1 and substitute the following: Scope. The provisions of this standard apply to the selection, installation, inspection, maintenance, and testing of portable extinguishing systems. 1.2 in its entirety without substitution.

(e) Delete Amend Section 1.2 in its entirety. 2.2 as follows:
(1) In the reference to NFPA 14, delete "2010 edition" and insert "as adopted at 675 IAC 13-1-9".
(2) In the reference to NFPA 58, delete "2008 edition" and insert "as adopted at 675 IAC 28-1-22".
(3) In the reference to NFPA 72, delete "2010 edition" and insert "as adopted at 675 IAC 28-1-28".
(4) In the reference to NFPA 86, delete "2007 edition" and insert "as adopted at 675 IAC 28-1-31".
(5) In the reference to NFPA 385, delete "2007 edition" and insert "as adopted at 675 IAC 28-1-34".
(6) In the reference to NFPA 407, delete "2007 edition" and insert "as adopted at 675 IAC 28-1-36".

(f) Amend Delete Section 1.3.1 to read as follows: Portable fire extinguishers used to comply with this standard shall be listed and labeled. 2.3.7 without substitution.

(g) Delete Amend Section 1.5.4 without substitution. 2.4 as follows:
(1) In the reference to NFPA 17, delete "2009 edition" and insert "as adopted at 675 IAC 28-1-9".
(2) In the reference to NFPA 17A, delete "2009 edition" and insert "as adopted at 675 IAC 28-1-10".
(3) In the reference to NFPA 52, delete "2010 edition" and insert "as adopted at 675 IAC 28-1-21".

(h) Delete Section 1.5.8 without substitution.

(i) Amend Section 1.6(2) to read as follows: Hazardous materials shall be identified in accordance with NFPA 704. Hazardous materials shall be classified in accordance with chapter 27 of the Indiana Fire Code.

(j) (h) Amend Chapter 3 as follows:
(1) Amend the following definitions to read as follows:
APPROVED means acceptance by the authority having jurisdiction by one (1) of the following methods:
(1) Investigation or tests conducted by nationally recognized authorities; or
(2) Investigation or tests conducted by nationally recognized technical or scientific organizations; or
(3) Nationally accepted principles.
The investigation, tests, or principles shall establish that the method, material, equipment, design, or type of construction is safe for its intended purpose.
AUTHORITY HAVING JURISDICTION means the Division of Fire and Building Safety or officer of a local unit of government empowered by law to administer and enforce the rules of the commission.
EXTINGUISHER MAINTENANCE means a thorough examination of the fire extinguisher and any necessary repair.
HALOGENATED AGENTS means halogenated (clean) agents referenced in this standard are the following types:
(A) (1) Halons. Bromochlorodifluoromethane (Halon 1211), bromotrifluoromethane (Halon 1301), and mixtures of Halon 1211 and Halon 1301 (Halon 1211/1301).
NOTE: Halon 1211 and Halon 1301 are included in the "Montreal Protocol on Substances that Deplete the Ozone Layer", signed September 16, 1987. In compliance with National regulations, production of halons ceased on January 1, 1994.
(B) (2) Halocarbons. Halocarbon agents include hydrochlorofluoro-carbon (*HCFC), hydrofluorocarbon (HFC), perfluorocarbon (PFC), and fluoroidodocarbon (FIC) type agents.
LABELED means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization engaged in product evaluation, that maintains periodic inspection of production of labeled equipment or materials, and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
LISTED means equipment or materials included in a list published by an organization engaged in product evaluation, that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner.
MAINTENANCE means a thorough examination of the fire extinguisher and any necessary repair.
(2) Add the following definitions:
BUILDING CODE means the Indiana Building Code in effect in Indiana at the time of construction, remodeling, alteration, or addition or repair of the structure.
DESIGN PROFESSIONAL means an architect who is registered under IC 25-4 or professional engineer who is registered under IC 25-31. If a registered design professional is not required by 675 IAC 12-6 or 675 IAC 15, then it means the owner.
DIVISION OF FIRE AND BUILDING SAFETY means the Division of Fire and Building Safety of the Indiana Department of Homeland Security created pursuant to IC 10-19-2.
FIRE CODE means the Indiana Fire Code.
INDIANA BUILDING CODE means the rules adopted at 675 IAC 13 in effect in Indiana at the time of construction, remodeling, alteration, or addition or repair of the structure.
INDIANA FIRE CODE means the rules adopted at 675 IAC 22 in effect in Indiana at the time of inspection by the inspection authority or, with respect to construction required to be filed under 675 IAC 12-6, 675 IAC 22 in effect at the time of construction, remodeling, alteration, or addition or repair of the structure.
INSPECTION AUTHORITY means the division of fire and building services, or the local building official, or their authorized representative.
TRAINED means one who has undergone the instructions necessary to design, install, and perform the maintenance and recharge service.
QUALIFIED means a design professional or a person having successfully completed a course of instruction related to the equipment being installed, serviced, or repaired. Such instruction shall be provided by the manufacturer of the equipment or their authorized representative.
(3) Delete Section 3.2.6 in its entirety without substitution.

(i) Amend Section 4.1.1 to read as follows: Portable fire extinguishers used to comply with this standard shall be listed and labeled.

(j) Amend Section 4.2(2) to read as follows: Hazardous materials shall be identified in accordance with NFPA 704 as adopted by the commission at 675 IAC 28-1-38. Hazardous materials shall be classified in accordance with chapter 27 of the Indiana Fire Code.

(k) Delete the text of Section 4.1 5.1 and substitute the following: Extinguishers shall be suitable for the anticipated growth and character of the fire, construction, and occupancy of the individual property or premises, the vehicle or hazard to be protected, and ambient-temperature conditions. Selection of the class, size, number, and location of extinguishers shall be as specified in the Indiana Fire Code.

(l) Delete the text of Section 4.3.2 and substitute "See section 904.11.5 of the Indiana Fire Code". 5.4.1 without substitution.

(m) Delete Section 4.4 in its entirety. 5.4.1.4 without substitution.

(n) Amend Delete Section 5.1.1 to read as follows: The minimum required number of fire extinguishers needed to protect a property shall be determined as specified in the Indiana Fire Code. 5.4.2 in its entirety without substitution.

(o) Amend Delete the text of Section 5.1.2 to read 5.5.5 and insert as follows: Fire extinguishers shall be provided for the protection of the occupancy hazard as required by the Indiana Building Code (675 IAC 13) and See Section 904.11.5 of the Indiana Fire Code.

(p) Delete the text of Section 5.1.2.1 without substitution. 5.5.5.2 and insert as follows: Cooking appliances that are protected by a UL 300 fire-extinguishing system shall be provided with a type K fire extinguisher.

(q) Delete Section 5.1.2.3 5.6 in its entirety without substitution.

(r) In Delete the text of Section 5.1.2.4, delete the first sentence. 6.1.1 and insert as follows: The minimum required number of fire extinguishers needed to protect a property shall be determined as specified in the Indiana Fire Code.

(s) Delete Amend Section 5.1.3 without substitution. 6.1.2 to read as follows: Fire extinguishers shall be provided for the protection of the occupancy hazard as required by the Indiana Building Code and the Indiana Fire Code.

(t) Amend the third sentence of Delete the text of Section 6.1.2 to read as follows: A trained person shall service the fire extinguishers once every year, as outlined in section 6.3. 7.1.2 in its entirety and insert to read as follows:
Section 7.1.2.1. Persons performing design, installation, maintenance, and servicing shall be qualified.
Section 7.1.2.2. Documentation of qualifications shall be provided to the authority having jurisdiction upon request.
Section 7.1.2.3. Persons performing maintenance and recharging of the fire extinguishers shall have available the appropriate manufacturer's servicing manuals, the correct tools, recharge materials, lubricants, and manufacturer's replacement parts or parts specifically listed for the use in the fire extinguisher.

(u) Amend Section 6.3.4.1 7.3.3.1 to read as follows: 6.3.4.1* Fire extinguisher shells that pass the applicable six (6) year requirement of 6.3.3 7.3.1.2.1 shall have the test information recorded on a suitable metallic durable weatherproof label, or equally durable material, a minimum size of two (2) inches by three and one-half (31/2) inches (5.1 cm × 8.9 cm). (51mm × 89mm).
The label shall be affixed to the shell by means of a heatless process. These labels shall be self-destructive type when their removal from a fire extinguisher is attempted. These labels The label shall include the following information:
(1) Month and year the test was performed, indicated by a perforation such as by a hand punch.
(2) Name or initials of the person performing the test and the name of the agency performing the test.
6.3.4.1.1 In addition to having a label affixed to the shell, rechargeable dry chemical fire extinguishers shall have an internal legible marking to indicate the following:
(1) Month and year the maintenance was performed.
(2) Name or initials of person performing the maintenance and the name of the agency.
If a label is used for the above marking, it shall be of material that is component-listed for that purpose.

(v) Chapter 2 and the annexes are not adopted as part of this code and are intended for use as a guide, and the standards reference therein are not enforceable as part of this code.

(v) Delete Section 8.1.2 without substitution.

(w) Delete Section 8.7.1 without substitution.

(x) Delete Section 8.7.2.3 without substitution.

(y) Delete Section 8.7.3.2 without substitution.

(z) The annexes are:
(1) not adopted as part of this code;
(2) intended for use as a guide; and
(3) not enforceable as part of this code.
(Fire Prevention and Building Safety Commission; 675 IAC 28-1-2; filed Aug 23, 2006, 4:03 p.m.: 20060906-IR-675050104FRA; readopted filed Aug 8, 2012, 8:08 a.m.: 20120905-IR-675120260RFA; filed Nov 15, 2012, 2:59 p.m.: 20121212-IR-675120051FRA)


SECTION 2. THE FOLLOWING ARE REPEALED: 675 IAC 22-2.2-11; 675 IAC 28-1-14; 675 IAC 28-1-20.

LSA Document #12-51(F)
Notice of Intent: 20120125-IR-675120051NIA
Proposed Rule: 20120627-IR-675120051PRA
Hearing Held: August 6, 2012
Approved by Attorney General: November 14, 2012
Approved by Governor: November 15, 2012
Filed with Publisher: November 15, 2012, 2:59 p.m.
Documents Incorporated by Reference: NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition
Small Business Regulatory Coordinator: Mara Snyder, Legal and Code Services, Indiana Department of Homeland Security, Indiana Government Center South, 402 West Washington Street, Room W246, Indianapolis, IN 46204, (317) 233-5341, msnyder@dhs.in.gov

Posted: 12/12/2012 by Legislative Services Agency

DIN: 20121212-IR-675120051FRA
Composed: Jul 26,2014 1:56:23AM EDT
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