(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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