Texas Register

TITLE 28 INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 34STATE FIRE MARSHAL
SUBCHAPTER CSTANDARDS AND FEES FOR STATE FIRE MARSHAL INSPECTIONS
DIVISION 1GENERAL PROVISIONS
RULE §34.303Adopted Standards
ISSUE 12/23/2022
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The Commissioner [commissioner] adopts by reference:

  (1)NFPA 1-2021 [1-2015] Fire Code, except for:

    (A)Chapter 1 Administration, to the extent that subsections 1.6 Enforcement, 1.7 Authority, 1.8 Duties and Powers of the Incident Commander, 1.9 Liability, 1.10 Fire Code Board of Appeals, 1.11 Records and Reports, 1.12 Permits and Approvals, 1.13 Certificates of Fitness, 1.14 Plan Review, and 1.16 Notice of Violations and Penalties do not apply to state fire marshal [State Fire Marshal] inspections;

    (B)Chapter 30 Motor Fuel Dispensing Facilities and Repair Garages, to the extent it conflicts with standards adopted in Subchapter A of this chapter and Health and Safety Code Chapter 753;

    (C)Chapter 60 Hazardous Materials, to the extent it will not be applied to university laboratories and laboratories in health care occupancies; and

    (D)Chapter 65 Explosives, Fireworks, and Model Rocketry, to the extent it conflicts with Subchapter [subchapter] H of this chapter and Occupations Code Chapter 2154;

  (2)NFPA Life Safety Code 101-2021 [101-2015 ];

(b)These copyrighted standards and recommendations are adopted in their entirety for inspections performed under Government Code §417.008, except to the extent they are in conflict with sections of this chapter or any Texas statutes or federal law. The standards are published by and are available from the National Fire Protection Association Inc. (NFPA) on the NFPA website at www.nfpa.org. [,Batterymarch Park, Quincy, Massachusetts 02269, or by calling 1-800-344-3555. A copy of the standards is available for public inspection in the State Fire Marshal's Office.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2022

TRD-202204881

Allison Eberhart

Deputy General Counsel

Texas Department of Insurance

Earliest possible date of adoption: January 22, 2023

For further information, please call: (512) 676-6587



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