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(a)The Commissioner adopts by reference:
(1)NFPA 1-2021 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 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 H of this chapter and Occupations
Code Chapter 2154;
(2)NFPA Life Safety Code 101-2021.
(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.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on March 20, 2023
TRD-202301097 Jessica Barta
General Counsel
Texas Department of Insurance
Effective date: September 1,
2023
Proposal publication date: December 23, 2022
For further information, please call: (512) 676-6587
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