The Commissioner of Insurance adopts amendments to §§34.301-34.304 concerning standards for state fire marshal inspections. The amended sections are adopted without changes to the proposed text as published in the May 26, 2000 issue of the Texas Register (25 TexReg 4708) and will not be republished.

The amended sections 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 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 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.

Sections 34.301-34.304, which refer to the Commission on Fire Protection, 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 adopting the most recent version of the Life Safety Code. The National Fire Protection Association made changes to the standards 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.

No comments were received regarding adoption of the amended sections.

The amended sections are adopted 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.