The Texas Department of Insurance proposes an amendment to §34.303, concerning standards for state fire marshal inspections. The proposed amendment is 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. Section 34.303 adopts by reference certain standards and recommendations of the National Fire Protection Association (NFPA). The proposed amendment replaces the currently adopted Life Safety Code with the most recent version, the 2003 edition. The adoption of the Life Safety Code, 2003 edition, is necessary for uniformity in referencing the code and will enable both the fire protection industry and the public to know what standards are applicable in all jurisdictions. The updated Life Safety Code was republished in 2003 to reformat all exceptions into numbered or lettered paragraphs. Additionally, some paragraphs with multiple requirements were reformatted to comply with the NFPA Manual of Style.

G. Mike Davis, State Fire Marshal, has determined that for each year of the first five years 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 proposed standards. 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 greater ease in referencing sections of the Life Safety Code and the assurance that both the fire protection industry and the public will have access to standards that are applicable in all jurisdictions. 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. 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 August 25, 2003, to Gene C. Jarmon, General Counsel and 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 112-FM, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. A request for a public hearing should be submitted separately to the Office of the Chief Clerk.

The amended section is 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 necessary and appropriate to implement the duties and powers of the Texas Department of Insurance.

The following statute is affected by the proposed section: Texas Government Code, §417.008