The Texas Department of Insurance proposes amendments to §§34.301 - 34.304 concerning standards for state fire marshal inspections. These proposed amendments are necessary to update the currently adopted Life Safety Code, which is used by the state fire marshal as standards for inspection of buildings and premises pursuant to Government Code §417.008. The proposed amendments also implement legislation enacted by the 75th Legislature in Senate Bill 371. Senate Bill 371, in part, transferred the operations of the state fire marshal and all of the powers, duties, rights, obligations, contracts, records, personnel, property, funds, and unspent appropriations of the Texas Commission on Fire Protection to the Texas Department of Insurance, effective September 1, 1997, and amended Chapter 417 of the Government Code to reference the Commissioner of Insurance. Accordingly, §§34.301 - 34.304, which refer to the Commission, are amended to reflect the transfer of authority from that agency to the Commissioner of Insurance. Section 34.302 has been reformatted to number the definitions contained in that section and to add a definition. Section 34.303, which adopts by reference certain standards and recommendations of the National Fire Protection Association, is amended by replacing the currently adopted Life Safety Code with the most recent version. The adoption of the most recent Life Safety Code is necessary because, as the technology for fire protection and prevention develops, the minimum standards of inspection also change. This results in better protection of the public from fire by the application of the most recent standards and recommendations for inspection. Additionally, other units of government in Texas are adopting these standards, and uniformity of standards enable both the fire protection industry and the public to know what standards are applicable in all jurisdictions. The National Fire Protection Association made changes to the standards in order to clarify existing requirements, eliminate redundant language, and restructure the document for ease in use. The 2000 edition of the Life Safety Code introduces a performance-based option that applies to life safety systems. The updated Life Safety Code also reformats the code for substantial compliance with the National Fire Protection Association Manual of Style. Former Chapter 32 on special structures and high-rise buildings has been moved to Chapter 11 to join the core chapters, i.e., the chapters that are not occupancy-specific. The subject of interior finish, contents, and furnishings has been moved to a separate new chapter. The day-care occupancies chapters have been renumbered and positioned immediately after the chapters for educational occupancies, and the occupancy chapter numbers have also been renumbered and repositioned.

G. Mike Davis, State Fire Marshal, has determined that for each year of the first five years that the proposal will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Davis has also determined that there will be no adverse effect on local employment or the local economy.

Mr. Davis also has determined that for each year of the first five years the proposed section is in effect, the anticipated public benefit from enforcing and administering the section is the employment of the most recent standards of inspection of buildings and premises in the state in order to examine whether conditions exist that are dangerous or are liable to cause or promote fire or create danger for fire fighters, occupants, or other buildings or structures. Additionally, the public will be better protected from fire as a result of the adoption and enforcement of the most current nationally recognized standards applicable to inspections of occupied buildings. Mr. Davis does not anticipate any measurable additional costs resulting from these amendments because buildings and premises in the state within the jurisdiction of the state fire marshal are already subject to the standards previously adopted by the Commission on Fire Protection. The estimated cost to purchase the proposed updated Life Safety Code is approximately $60 and will be the same cost for all persons and companies, including small, large, and micro-businesses, who purchase the updated standards. The cost to a person or entity qualifying as a small or micro-business under the Government Code §2006.001 will be the same as the cost to the largest business because the cost is not dependent upon the size of the business but rather is the same price for all purchasers of the updated standards. The proposed amendments may not be waived for a person or entity qualifying as a small or micro-business under the Government Code §2006.001 because the use of these standards is prescribed by statute. In addition, it would neither be legal nor feasible to waive the requirements of the amendments since these standards enable the state fire marshal to examine and correct dangerous conditions and are therefore a matter of public safety.

To be considered, all comments on the proposal must be submitted in writing no later than 5 p.m. on June 19, 2000, to Lynda H. Nesenholtz, General Counsel & Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comments must be submitted simultaneously to Mr. G. Mike Davis, State Fire Marshal, Mail Code 108-FM, Texas Department of Insurance, P.O. Box 149221, Austin, Texas 78714-9221. A request for a public hearing should be submitted separately to the Office of the Chief Clerk.

The amended sections are proposed pursuant to the Government Code §417.008 and the Insurance Code §36.001. Government Code §417.008 allows the commissioner to adopt by rule any appropriate standard developed by a nationally recognized standards-making association under which the state fire marshal may enforce this section regarding right of entry and examination and correction of dangerous conditions. Insurance Code §36.001 authorizes the Commissioner of Insurance to adopt rules for the conduct and execution of the duties and functions of the Texas Department of Insurance only as authorized by statute.

The following statutes are affected by the proposed section: Government Code §417.008