The Texas Department of Insurance (TDI) proposes amendments to 28 TAC §§34.303, 34.507, 34.607, and 34.707. The proposed amendments primarily update various National Fire Protection Association (NFPA) code standards that are adopted by reference in the noted rules. Specifically, the amendments to Section 34.303 update the NFPA Fire Code and Life Safety Code; the amendments to Section 34.507 update 14 NFPA codes that establish standards related to fire extinguisher systems; the amendments to Section 34.607 update 17 NFPA codes that establish standards related to fire alarm and fire detection systems; and the amendments to Section 34.707 update 16 NFPA codes that establish standards related to fire protection sprinkler systems.

EXPLANATION. Under Government Code §417.008(e), the Commissioner may adopt by rule any appropriate standard developed by a nationally recognized standards-making association under which the state fire marshal may enforce state laws related to firefighting, fire prevention, and inspection of dangerous conditions. The NFPA is a nationally recognized standards-making association, and the State Fire Marshal's Office (SFMO) has relied on NFPA codes since at least the 1990s. See, e.g., 21 TexReg 1286 (adopting the 1994 edition of the NFPA Life Safety Code). Insurance Code Chapters 6001, 6002, and 6003 also specifically authorize the Commissioner to adopt NFPA code standards applicable to fire extinguisher systems, fire alarm and fire detection systems, and fire protection sprinkler systems.

NFPA codes are generally updated every three or five years, depending on the revision cycle of the particular code. However, TDI has not adopted updated NFPA standards since 2017. Therefore, the proposed amendments will ensure that SFMO is using the most up-to-date NFPA codes when performing its duties under the law. NFPA codes can be accessed at: https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Free-access

TDI intends to delay the effective date of the proposed rule, if adopted, for four months from the filing of the adoption order. This would give stakeholders additional time to prepare for the possible change in adopted code standards.

The proposed amendments to the sections are described in the following paragraphs.

Section 34.303. Adopted Standards. Amendments to §34.303 adopt the 2021 NFPA Fire Code (NFPA 1) and Life Safety Code 101 (NFPA 101) and make other changes to the rule text to adhere to current agency style. Specifically, the proposed amendments:

- revise references to the two applicable NFPA codes;

- capitalize the words "commissioner" and "subchapter" and lowercase "state fire marshal";

- narrow the scope of the exception of NFPA Chapter 60. Chapter 60 provides important safety standards applicable across laboratories. NFPA 45 (Standard on Fire Protection for Laboratories Using Chemicals) will generally apply to university laboratories;

- substitute the NFPA's physical address for its web address where the public can access the NFPA standards;

- modify language regarding the adoption of the NFPA standards to be consistent with the other adopted standards sections of this proposal. In particular, the associated annexes to the NFPA standards are included in the proposal to assist with clarifying the code language; and

- make changes to code, including requiring mandatory sprinklers in new-build daycares with occupancies of more than 12 clients, and carbon monoxide detection for existing hotels and dormitories.

The adoption of NFPA 1 and NFPA 101 provides SFMO inspectors with more comprehensive standards than are currently adopted in §34.303. For example, NFPA 1 is a national consensus fire code that references many other NFPA standards. NFPA 1 allows a fire inspector to inspect a premises and the sufficiency of its fire sprinklers, egress of occupants, compliance with electrical standards, need for fire extinguishers, and storage of products that cause increased fire hazards. NFPA 1 requirements also minimize risk exposure for people at the premises and in the surrounding community. NFPA 1 is similar to the International Fire Code that most municipalities in Texas use.

Section 34.507. Adopted Standards. Amendments to §34.507 adopt current NFPA standards and make text changes to adhere to current agency style. Specifically, the proposed amendments revise references to the following standards:

- NFPA 10-2018, Standard for Portable Fire Extinguishers;

- NFPA 11-2016, Standard for Low-, Medium-, and High-Expansion Foam;

- NFPA 12-2018, Standard on Carbon Dioxide Extinguishing Systems;

- NFPA 12A-2018, Standard on Halon 1301 Fire Extinguishing Systems;

- NFPA 15-2017, Standard for Water Spray Fixed Systems for Fire Protection;

- NFPA 16-2019; Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems;

- NFPA 17-2021, Standard for Dry Chemical Extinguishing Systems;

- NFPA 17A-2021, Standard for Wet Chemical Extinguishing Systems;

- NFPA 18-2021, Standard on Wetting Agents;

- NFPA 25-2020, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems;

- NFPA 33-2018, Standard for Spray Application Using Flammable or Combustible Materials;

- NFPA 96-2021, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations;

- NFPA 2001-2018, Standard on Clean Agent Fire Extinguisher Systems; and

- NFPA 2010-2020, Standard for Fixed Aerosol Fire-Extinguishing Systems.

For consistency with current agency style, the word "commissioner" is revised to be capitalized. The amendments to this section also substitute the NFPA's physical address for its web address where the public can access the NFPA standards.

Section 34.607. Adopted Standards. Amendments to §34.607 adopt current NFPA codes and standards and make text changes to adhere to current agency style. Specifically, the proposed amendments revise references to the following codes and standards:

- NFPA 11-2016, Standard for Low-, Medium-, High-Expansion Foam;

- NFPA 12-2018, Standard on Carbon Dioxide Extinguishing Systems;

- NFPA 12A-2018, Standard on Halon 1301 Fire Extinguishing Systems;

- NFPA 13-2019, Standard for the Installation of Sprinkler Systems;

- NFPA 13D-2019, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes;

- NFPA 13R-2019, Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies;

- NFPA 15-2017, Standard for Water Spray Fixed Systems for Fire Protection;

- NFPA 16-2019, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems;

- NFPA 17-2021, Standard for Dry Chemical Extinguishing Systems;

- NFPA 17A-2021, Standard for Wet Chemical Extinguishing Systems;

- NFPA 25-2020, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems;

- NFPA 70-2020, National Electrical Code;

- NFPA 72-2019, National Fire Alarm and Signaling Code;

- NFPA 90A-2021, Standard for the Installation of Air Conditioning and Ventilating Systems;

- NFPA 101-2021, Life Safety Code;

- UL 827 December 3, 2021, Standard for Central Station Alarm Services; and

- NFPA 2001-2018, Standard on Clean Agent Fire Extinguisher Systems.

For consistency with current agency style, the word "commissioner" is revised to be capitalized. The amendments to this section also substitute the NFPA's physical address for its web address where the public can access the NFPA standards. The amendments also correct the name of NFPA 101 by removing "(r)" from the reference to the standard in the rule text.

Section 34.707. Adopted Standards. Amendments to §34.707 adopt current NFPA codes and standards and make text changes to adhere to current agency style. Specifically, the proposed amendments revise references to the following codes and standards:

- NFPA 13-2019, Standard for the Installation of Sprinkler Systems;

- NFPA 25-2020, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems;

- NFPA 13D-2019, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes;

- NFPA 13R-2019, Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies;

- NFPA 14-2019, Standard for the Installation of Standpipe and Hose Systems;

- NFPA 15-2017, Standard for Water Spray Fixed Systems for Fire Protection;

- NFPA 16-2019, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems;

- NFPA 20-2019, Standard for the Installation of Stationary Pumps for Fire Protection;

- NFPA 22-2018, Standard for Water Tanks for Private Fire Protection;

- NFPA 24-2019, Standard for the Installation of Private Fire Service Mains and Their Appurtenances;

- NFPA 30-2021, Flammable and Combustible Liquids Code;

- NFPA 30B-2019, Code for the Manufacture and Storage of Aerosol Products;

- NFPA 307-2021, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves;

- NFPA 214-2021, Standard on Water-Cooling Towers;

- NFPA 409-2016, Standard on Aircraft Hangers; and

- NFPA 750-2019, Standard on Water Mist Fire Protection Systems.

The amendments delete an unnecessary subsection (a) designation. In addition, for consistency with current agency style, the word "commissioner" is revised to be capitalized. The amendments to this section also substitute the NFPA's physical address for its web address where the public can access the NFPA standards and capitalize "installation."

Summary of Changes to Adopted Standards

NFPA 1, Fire Code. Changes to the 2018 edition of NFPA 1, which are carried into the latest edition, include revisions to requirements for the application of referenced publications in Sections 1.4.1.1 and 2.1.1; references for the professional qualifications for fire inspectors, plan examiners, and fire marshals in Section 1.7.2; new minimum fire prevention inspection frequencies for existing occupancies in Section 10.2.7; updates to premises identification in Section 10.11.1; new and updated marking and access criteria for photovoltaic systems in Section 11.12; new provisions for rubberized asphalt melters in Section 16.7; listing requirements for electric gates used on fire department access roads in Section 18.2.4.2.6; new provisions on the outside storage of biomass feedstock in Section 31.3.10; and new requirements for the outdoor storage of wood and wood composite pallets or listed pallets equivalent to wood in Section 34.10.3.

Chapter 38 is created to address marijuana growing, processing, or extraction facilities, and the revisions to Chapter 40 replace extracts from NFPA 654 (Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids) with extracted provisions from NFPA 652 (Standard on the Fundamentals of Combustible Dust). Section 42.10 addresses the reorganization of aircraft fuel servicing provisions in accordance with NFPA 407 (Standard for Aircraft Fuel Servicing); Section 50.7 is created to address mobile and temporary cooking operations, and there are extensive revisions of Chapter 52 on energy storage systems. A new Chapter 55 is created to address cleaning and purging of flammable gas piping systems with reference to NFPA 56 (Standard for Fire and Explosion Prevention During Cleaning and Purging of Flammable Gas Piping Systems), Section 63.9 is created to address provisions for insulated liquid carbon dioxide systems extracted from NFPA 55 (Compressed Gases and Cryogenic Fluids Code), and Annex E is created to address fire-fighter breathing-air replenishment systems.

Changes to the 2021 edition of NFPA 1 include updates to Section 11.10 to address in-building emergency responder communication enhancement system requirements for better alignment with NFPA 1221 (Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems), and there are new signage requirements for non-sprinklered high-rise buildings in Section 13.3.2.25.2.4. Chapter 38 has new provisions for carbon dioxide enrichment equipment, indoor horticultural grow structures, and listing requirements for extraction equipment as they relate to cannabis facilities; new Chapter 39 is created to address wastewater treatment and collection facilities; new Chapter 46 is created to address additive manufacturing (3D printing); and new Chapter 52 is created to address the energy storage system requirements extracted from NFPA 855 (Standard for the Installation of Stationary Energy Storage Systems).

NFPA 10, Standard for Portable Fire Extinguishers. Changes to the 2018 edition of NFPA 10 incorporate clarifications on a wide array of topics, including electronic monitoring, obsolete extinguishers, extinguishers installed in areas that contain oxidizers, extinguisher signs, and extinguisher mounting equipment and cabinets. The revisions also include a new requirement regarding maintenance of hose stations that are used in lieu of extinguishers. The fire classification marking system is expanded to include markings for extinguishers rated for Class AC and Class AK. The annexes are updated to address current extinguisher types and ratings, while removing information on obsolete equipment.

NFPA 11, Standard for Low-, Medium-, and High-Expansion Foam. Changes to the 2016 edition of NFPA 11 include the reorganization and clarification of piping requirements, addressing issues regarding acceptance criteria for annual foam concentrate testing, recognition of environmentally friendly methods of testing foam proportioners, and changes to provide that seal-only protection is permitted for composite roofs that meet specific criteria.

NFPA 12, Standard on Carbon Dioxide Extinguishing Systems. Changes to the 2015 edition of NFPA 12, which are carried into the latest edition, incorporate a general update of references and other minor improvements. In addition, a new system acceptance report is added to permit compliance with the commissioning procedures of NFPA 3 (Standard for Commissioning of Fire Protection and Life Safety Systems).

Changes to the 2018 edition of NFPA 12 include the introduction of a new requirement to conduct testing of integrated fire protection and life safety systems in accordance with NFPA 4 (Standard for Integrated Fire Protection and Life Safety System Testing). In addition, the 2018 edition changes add a new section on pipe hangers and supports and a new annex on full discharge testing. Finally, there are revisions to the equivalency statement to use the standard text, which specifies that the authority having jurisdiction is responsible for approving an equivalent system, method, or device.

NFPA 12A, Standard on Halon 1301 Fire Extinguishing Systems. Changes to the 2015 edition of NFPA 12A, which are carried into the latest edition, incorporate support for electronic storage of system maintenance records.

Changes to the 2018 edition of NFPA 12A revise the annex on nozzle and piping calculations (Annex H) to correct errors, comply with the Manual of Style for NFPA Technical Committee Documents, and clarify the details of the procedure.

NFPA 13, Standard for the Installation of Sprinkler Systems . Changes to the 2016 edition of NFPA 13, which are carried into the latest edition, include revisions that review all metric conversions. Historically, the document has used an "exact" conversion process, but this revision uses an approximate conversion process. Another change includes a pipe venting requirement to eliminate as much air as possible from wet pipe systems. This requirement contemplates only a single vent in each wet system. New design criteria are included for the protection of exposed, expanded Group A plastics stored in racks. Also, this revision adds a ceiling and in-rack design approach, called an "alternative protection scheme," to Chapters 16 and 17. A similar concept has existed for sprinkler protection in NFPA 30 (Flammable and Combustible Liquids Code) for several revision cycles. The revisions also add a new section on sprinkler design where cloud ceilings are installed. This design scheme allows sprinklers to be omitted above cloud ceilings when the gap between clouds (or clouds and walls) meets a maximum allowable dimension based on the floor-to-cloud ceiling height. The revisions significantly revise Chapter 10, which is extracted from NFPA 24 (Standard for the Installation of Private Fire Service Mains and Their Appurtenances), based on the rewrite of NFPA 24.

Changes to the 2019 edition of NFPA 13 include revisions that reorganize NFPA 13; it is now reordered according to how one would approach the design of a sprinkler system. Users will now find hazard classifications, water supplies, and underground piping at the beginning of the standard. The revisions divide Chapter 8 into several new chapters, breaking out general rules for sprinkler locations into one chapter and several other chapters specific to sprinkler technology. The revisions also reorganize storage chapters by sprinkler technology and address ceiling-only design. The revisions also revise Chapter 25, which now contains all the requirements for in-rack sprinklers. And the revisions clarify requirements for vertical pipe chases and requirements for electrical equipment rooms where sprinklers can be omitted. Finally, the revisions add new beam rules for residential sprinklers and additional details.

NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes. Changes to the 2016 edition of NFPA 13D, which are carried into the latest edition, include revisions that add a new figure that addresses positioning of sprinklers to avoid obstructions where there are sloped ceilings. The revisions further clarify that once a sprinkler is removed from a fitting or welded outlet, it should not be reinstalled if torque was applied to the sprinkler itself. A new sketch shows an insulation practice using tenting in an attic or concealed space.

Changes to the 2019 edition of NFPA 13D include revisions that add beam rules for sprinklers installed under and adjacent to beams (along with new figures), requirements for closets where ventless clothes dryers are installed, and requirements where pressure-reducing and pressure-regulating valves are installed. The revisions add a section to Chapter 12 to address inactive systems in structures left vacant. The revisions clarify requirements for the use of well pumps as a water supply and add images to clarify sprinkler locations and clearances needed around fireplaces.