2013 Annual Revision Cycle. Report on Comments. A compilation of NFPA Technical Committee Reports on Comments for the 2013 Annual Revision Cycle.

Transcription

1 2013 Annual Revision Cycle Report on Comments A compilation of NFPA Technical Committee Reports on Comments for the 2013 Annual Revision Cycle. Notice of Intent to Make a Motion (NITMAM) deadline: April 5, NOTE: The proposed NFPA documents addressed in the Report on Proposals (ROP) and in this follow-up Report on Comments (ROC) will only be presented for action at the NFPA June 2013 Association Technical Meeting to be held June 10 13, 2013, at McCormick Place Convention Center in Chicago, IL, when proper Amending Motions have been submitted to the NFPA by the deadline of April 5, Documents that receive no motions will not be presented at the meeting and instead will be forwarded directly to the Standards Council for action on issuance. For more information on the rules and for up-to-date information on schedules and deadlines for processing NFPA documents, check the NFPA website (www. nfpa.org) or contact NFPA Standards Administration. National Fire Protection Association 1 BATTERYMARCH PARK, QUINCY, MA ISSN Copyright 2013 All Rights Reserved NFPA and National Fire Protection Association are registered trademarks of the National Fire Protection Association, Quincy, MA 02169

2 Information on NFPA Codes and Standards Development I. Applicable Regulations. The primary rules governing the processing of NFPA documents (codes, standards, recommended practices, and guides) are the NFPA Regulations Governing Committee Projects (Regs). Other applicable rules include NFPA Bylaws, NFPA Technical Meeting Convention Rules, NFPA Guide for the Conduct of Participants in the NFPA Standards Development Process, and the NFPA Regulations Governing Petitions to the Board of Directors from Decisions of the Standards Council. Most of these rules and regulations are contained in the NFPA Directory. For copies of the Directory, contact Codes and Standards Administration at NFPA Headquarters; all these documents are also available on the NFPA website at The following is general information on the NFPA process. All participants, however, should refer to the actual rules and regulations for a full understanding of this process and for the criteria that govern participation. II. Technical Committee Report. The Technical Committee Report is defined as the Report of the Technical Committee and Technical Correlating Committee (if any) on a document. A Technical Committee Report consists of the Report on Proposals (ROP), as modified by the Report on Comments (ROC), published by the Association. III. Step 1: Report on Proposals (ROP). The ROP is defined as a report to the Association on the actions taken by Technical Committees and/or Technical Correlating Committees, accompanied by a ballot statement and one or more proposals on text for a new document or to amend an existing document. Any objection to an action in the ROP must be raised through the filing of an appropriate Comment for consideration in the ROC or the objection will be considered resolved. IV. Step 2: Report on Comments (ROC). The ROC is defined as a report to the Association on the actions taken by Technical Committees and/or Technical Correlating Committees accompanied by a ballot statement and one or more comments resulting from public review of the Report on Proposals (ROP). The ROP and the ROC together constitute the Technical Committee Report. Any outstanding objection following the ROC must be raised through an appropriate Amending Motion at the Association Technical Meeting or the objection will be considered resolved. V. Step 3a: Action at Association Technical Meeting. Following the publication of the ROC, there is a period during which those wishing to make proper Amending Motions on the Technical Committee Reports must signal their intention by submitting a Notice of Intent to Make a Motion. Documents that receive notice of proper Amending Motions (Certified Amending Motions) will be presented for action at the annual June Association Technical Meeting. At the meeting, the NFPA membership can consider and act on these Certified Amending Motions as well as Follow-up Amending Motions, that is, motions that become necessary as a result of a previous successful Amending Motion. (See through of Regs for a summary of the available Amending Motions and who may make them.) Any outstanding objection following action at an Association Technical Meeting (and any further Technical Committee consideration following successful Amending Motions, see Regs at 4.7) must be raised through an appeal to the Standards Council or it will be considered to be resolved. VI. Step 3b: Documents Forwarded Directly to the Council. Where no Notice of Intent to Make a Motion (NITMAM) is received and certified in accordance with the Technical Meeting Convention Rules, the document is forwarded directly to the Standards Council for action on issuance. Objections are deemed to be resolved for these documents. VII. Step 4a: Council Appeals. Anyone can appeal to the Standards Council concerning procedural or substantive matters related to the development, content, or issuance of any document of the Association or on matters within the purview of the authority of the Council, as established by the Bylaws and as determined by the Board of Directors. Such appeals must be in written form and filed with the Secretary of the Standards Council (see 1.6 of Regs). Time constraints for filing an appeal must be in accordance with of the Regs. Objections are deemed to be resolved if not pursued at this level. VIII. Step 4b: Document Issuance. The Standards Council is the issuer of all documents (see Article 8 of Bylaws). The Council acts on the issuance of a document presented for action at an Association Technical Meeting within 75 days from the date of the recommendation from the Association Technical Meeting, unless this period is extended by the Council (see 4.8 of Regs). For documents forwarded directly to the Standards Council, the Council acts on the issuance of the document at its next scheduled meeting, or at such other meeting as the Council may determine (see and 4.8 of Regs). IX. Petitions to the Board of Directors. The Standards Council has been delegated the responsibility for the administration of the codes and standards development process and the issuance of documents. However, where extraordinary circumstances requiring the intervention of the Board of Directors exist, the Board of Directors may take any action necessary to fulfill its obligations to preserve the integrity of the codes and standards development process and to protect the interests of the Association. The rules for petitioning the Board of Directors can be found in the Regulations Governing Petitions to the Board of Directors from Decisions of the Standards Council and in 1.7 of the Regs. X. For More Information. The program for the Association Technical Meeting (as well as the NFPA website as information becomes available) should be consulted for the date on which each report scheduled for consideration at the meeting will be presented. For copies of the ROP and ROC as well as more information on NFPA rules and for up-to-date information on schedules and deadlines for processing NFPA documents, check the NFPA website ( or contact NFPA Codes & Standards Administration at (617)

3 2013 Annual Revision Cycle ROC Contents by NFPA Numerical Designation Note: Documents appear in numerical order. NFPA No. Type Action Title Page No. 25 P Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems B P Standard for Fire Prevention During Welding, Cutting, and Other Hot Work... 51B-1 56(PS) P Standard for Fire and Explosion Prevention During Cleaning and Purging of Flammable Gas Piping Systems... 56(PS)-1 58 P Liquefied Petroleum Gas Code P Recommended Practice on Static Electricity P Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations P Standard for Fixed Guideway Transit and Passenger Rail Systems P Standard for the Control of Gas Hazards on Vessels P Standard for Aircraft Rescue and Fire-Fighting Services at Airports P Standard for Evaluating Aircraft Rescue and Fire-Fighting Foam Equipment P Standard for Road Tunnels, Bridges, and Other Limited Access Highways P Guide for Emergency and Safety Operations at Motorsports Venues P Standard for the Installation of Lightning Protection Systems P Standard for Fire Apparatus Driver/Operator Professional Qualifications P Standard for Fire Officer Professional Qualifications P Standard for Incident Management Personnel Professional Qualifications P Standard for Professional Qualifications for Fire Inspector and Plan Examiner P Standard for Professional Qualifications for Fire Investigator P Code for Fireworks Display P Standard for Wildland Fire Management TYPES OF ACTION P Partial Revision N New Document R Reconfirmation W Withdrawal i

4 2013 Annual Revision Cycle ROC Committees Reporting Type Action Page No. Aircraft Rescue and Fire Fighting 403 Standard for Aircraft Rescue and Fire-Fighting Services at Airport P Standard for Evaluating Aircraft Rescue and Fire-Fighting Foam Equipment P Fixed Guideway Transit and Passenger Rail Systems 130 Standard for Fixed Guideway Transit and Passenger Rail Systems P Forest and Rural Fire Protection 1143 Standard for Wildland Fire Management P Gas Hazards 306 Standard for the Control of Gas Hazards on Vessels P Gas Process Safety 56(PS) Standard for Fire and Explosion Prevention During Cleaning and Purging of Flammable Gas Piping Systems P 56(PS)-1 Hot Work Operations 51B Standard for Fire Prevention During Welding, Cutting, and Other Hot Work P 51B-1 Inspection, Testing, and Maintenance of Water-Based Systems 25 Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems P 25-1 Lightning Protection 780 Standard for the Installation of Lightning Protection Systems P Liquefied Petroleum Gases 58 Liquefied Petroleum Gas Code P 58-1 Professional Qualifications Fire Fighter Professional Qualifications 1002 Standard for Fire Apparatus Driver/Operator Professional Qualifications P Fire Officer Professional Qualifications 1021 Standard for Fire Officer Professional Qualifications P Incident Management Professional Qualifications 1026 Standard for Incident Management Personnel Professional Qualifications P Fire Inspector and Plan Examiner Professional Qualifications 1031 Standard for Professional Qualifications for Fire Inspector and Plan Examiner P Fire Investigator Professional Qualifications 1033 Standard for Professional Qualifications for Fire Investigator P Pyrotechnics 1123 Code for Fireworks Display P Road Tunnel and Highway Fire Protection 502 Standard for Road Tunnels, Bridges, and Other Limited Access Highways P Static Electricity 77 Recommended Practice on Static Electricity P 77-1 Safety at Motorsports Venues 610 Guide for Emergency and Safety Operations at Motorsports Venues P Venting Systems for Cooking Appliances 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations P 96-1 ii

5 COMMITTEE MEMBER CLASSIFICATIONS 1,2,3,4 The following classifications apply to Committee members and represent their principal interest in the activity of the Committee. 1. M Manufacturer: A representative of a maker or marketer of a product, assembly, or system, or portion thereof, that is affected by the standard. 2. U User: A representative of an entity that is subject to the provisions of the standard or that voluntarily uses the standard. 3. IM Installer/Maintainer: A representative of an entity that is in the business of installing or maintaining a product, assembly, or system affected by the standard. 4. L Labor: A labor representative or employee concerned with safety in the workplace. 5. RT Applied Research/Testing Laboratory: A representative of an independent testing laboratory or independent applied research organization that promulgates and/or enforces standards. 6. E Enforcing Authority: A representative of an agency or an organization that promulgates and/or enforces standards. 7. I Insurance: A representative of an insurance company, broker, agent, bureau, or inspection agency. 8. C Consumer: A person who is or represents the ultimate purchaser of a product, system, or service affected by the standard, but who is not included in (2). 9. SE Special Expert: A person not representing (1) through (8) and who has special expertise in the scope of the standard or portion thereof. NOTE 1: Standard connotes code, standard, recommended practice, or guide. NOTE 2: A representative includes an employee. NOTE 3: While these classifications will be used by the Standards Council to achieve a balance for Technical Committees, the Standards Council may determine that new classifications of member or unique interests need representation in order to foster the best possible Committee deliberations on any project. In this connection, the Standards Council may make such appointments as it deems appropriate in the public interest, such as the classification of Utilities in the National Electrical Code Committee. NOTE 4: Representatives of subsidiaries of any group are generally considered to have the same classification as the parent organization. iii

6 FORM FOR FILING NOTICE OF INTENT TO MAKE A MOTION (NITMAM) AT AN ASSOCIATION TECHNICAL MEETING 2013 Annual REVISION CYCLE FINAL DATE FOR RECEIPT OF NITMAM: 5:00 pm EDST, April 5, 2013 If you have questions about filling out or filing the NITMAM, please contact the Codes and Standards Administration at FOR OFFICE USE ONLY Log #: For further information on the Codes- and Standards-Making Process see the NFPA website ( Date Rec'd: Date 8/10/2005 Name John B. Smith Tel. No Company or Affiliation John B. Smith Consulting Address Street Address 9 Seattle Street City Seattle State WA Zip (a) NFPA Document (include Number and Title)_ National Fire Alarm Code/NFPA ed (b) Proposal or Comment Number 72-5 (c) Section/Paragraph Motion to be made. Please check one (See also 4.6 of the Regulations Governing Committee Projects): (a) Proposal X (1) Accept. (2) Accept an Identifiable Part.* _ (3) Accept as modified by the TC. (4) Accept an Identifiable Part as modified by TC.* (b) Comment (1) Accept. (2) Accept an Identifiable Part. * (3) Accept as modified by the TC. (4) Accept an Identifiable Part as modified by TC.* (5) Reject (6) Reject an Identifiable Part.* (c) Return Technical Committee Report for Further Study (1) Return entire Report. (2) Return a portion of a Report in the form of a proposal and related comment(s). (3) Return a portion of a Report in the form of identifiable part(s) of a proposal and related comments(s). (Identify the specific portion of the proposal and the related comments below)* * Clearly identify the Identifiable Part(s) indicated above (use separate sheet if required). 3. I am entitled to make this motion in accordance with of the Regulations Governing Committee Projects, as follows [check (a), (b), or (c)]: (a)_x_ This motion may be made by the original submitter or their designated representative, and I am the [if you check (a) indicate one of the following]: X I am the original submitter of the proposal or comment, or I am the submitter s designated representative (attach written authorization signed by the original submitter) (b) This motion may be made by a Technical Committee Member and I am a Member of the responsible Technical Committee. (c) This motion may be made by anyone. (Form continued on next page) NITMAM form (continued)

7 4. Comments or Clarification (optional): This NITMAM will be reviewed by a Motions Committee. In addition to determining whether your Amending Motion is proper, the Committee may take other actions as described in 2.3 of the Technical Meeting Convention Rules as follows: Restating and Grouping of Motions. Upon request or on its own initiative, and in consultation with the mover(s), the Motions Committee may: (a) restate an Amending Motion to facilitate the making of a proper motion or to clarify the intent of the mover; and (b) group Amending Motions which are dependent on one another into a single Amending Motion. Dependent motions are motions that the mover(s) wish to be considered by the assembly and voted on as single up or down package. In addition to the foregoing, the Motions Committee may take such other actions or make such other recommendations as will facilitate the fair and efficient consideration of motions within the available time. The NFPA Staff may contact you to clarify your motion or to consult on the permitted actions in 2.3. If you have any comments, suggestions or requests of the Motions Committee as it reviews your NITMAM and considers actions permitted in 2.3, please provide them below. (Use additional sheet if necessary): Name (please print): John B. Smith Signature (required): (Note: This NITMAM will be reviewed, and if proper, your Amending Motion will be certified in accordance with the Technical Meeting Convention Rules and posted on the NFPA website by May 3, Documents that have Certified Amending Motions will be considered at the June 2013 Annual Meeting Technical Committee Report Session. In order to have your Certified Amending Motion considered at that meeting you must appear, sign in, and make the motion as prescribed in the Convention Rules). PLEASE USE A SEPARATE NITMAM FORM FOR EACH AMENDING MOTION YOU WISH TO MAKE Mail to: Secretary, Standards Council, National Fire Protection Association, 1 Batterymarch Park, Quincy, MA NFPA Fax: (617) NITMAM@nfpa.org

8 2013 ANNUAL REVISION CYCLE FORM FOR FILING NOTICE OF INTENT TO MAKE A MOTION (NITMAM) AT AN ASSOCIATION TECHNICAL MEETING FINAL DATE FOR RECEIPT OF NITMAM: APRIL 5, :00 pm If you have questions about filling out or filing the NITMAM, please contact Codes and Standards Administration at FOR OFFICE USE ONLY Log #: For further information on the Codes- and Standards-Making Process, see the NFPA website ( Date Rec'd: Date Name Tel. No. Company or Affiliation Address Street Address City State Zip 1. (a) NFPA Document (include Number and Title) (b) Proposal or Comment Number (c) Section/Paragraph 2. Motion to be made. Please check one: (See also 4.6 of the Regulations Governing Committee Projects) (a) Proposal _(1) Accept. (3) Accept as modified by the TC. (2) Accept an Identifiable Part.* (4) Accept an Identifiable Part as modified by TC.* (b) Comment (1) Accept. (2) Accept an Identifiable Part.* (3) Accept as modified by the TC. (4) Accept an Identifiable Part as modified by TC.* (5) Reject (6) Reject an Identifiable Part.* (c) Return Technical Committee Report for Further Study (1) Return entire Report. (2) Return a portion of a Report in the form of a proposal and related comment(s). (3) Return a portion of a Report in the form of identifiable part(s) of a proposal and related comment(s). (Identify the specific portion of the proposal and the related comments below)* * Clearly identify the Identifiable Part(s) indicated above (use separate sheet if required). 3. I am entitled to make this motion in accordance with of the Regulations Governing Committee Projects, as follows: [(check (a), (b), or (c)]. (a) This motion may be made by the original submitter or their designated representative, and I am the [(if you check (a) indicate one of the following)]: I am the original submitter of the proposal or comment, or I am the submitter s designated representative (attach written authorization signed by the original submitter) (b) This motion may be made by a Technical Committee Member and I am a Member of the responsible Technical Committee. (c) This motion may be made by anyone. (Form continued on next page) NITMAM form (continued)

9 4. Comments or Clarification (optional): This NITMAM will be reviewed by a Motions Committee. In addition to determining whether your Amending Motion is proper, the Committee may take other actions as described in 2.3 of the Technical Meeting Convention Rules as follows: Restating and Grouping of Motions. Upon request or on its own initiative, and in consultation with the mover(s), the Motions Committee may: (a) restate an Amending Motion to facilitate the making of a proper motion or to clarify the intent of the mover; and (b) group Amending Motions which are dependent on one another into a single Amending Motion. Dependent motions are motions that the mover(s) wish to be considered by the assembly and voted on as single up or down package. In addition to the foregoing, the Motions Committee may take such other actions or make such other recommendations as will facilitate the fair and efficient consideration of motions within the available time. The NFPA Staff may contact you to clarify your motion or to consult on the permitted actions in 2.3. If you have any comments, suggestions, or requests of the Motions Committee as it reviews your NITMAM and considers actions permitted in 2.3, please provide them below. (Use additional sheet if necessary): Name (please print): Signature (required): (Note: This NITMAM will be reviewed, and if proper, your Amending Motion will be certified in accordance with the Technical Meeting Convention Rules and posted on the NFPA website by May 3, Documents that have Certified Amending Motions will be considered at the June 2013 Annual Technical Meeting. In order to have your Certified Amending Motion considered at that meeting, you must appear, sign in, and make the motion as prescribed in the Convention Rules). PLEASE USE A SEPARATE NITMAM FORM FOR EACH AMENDING MOTION YOU WISH TO MAKE. Mail to: Secretary, Standards Council, National Fire Protection Association, 1 Batterymarch Park, Quincy, MA NFPA Fax: (617) NITMAM@nfpa.org

10 Sequence of Events Leading to Issuance of an NFPA Committee Document Step 1 Call for Proposals Proposed new document or new edition of an existing document is entered into one of two yearly revision cycles, and a Call for Proposals is published. Step 2 Report on Proposals (ROP) Committee meets to act on Proposals, to develop its own Proposals, and to prepare its Report. Committee votes by written ballot on Proposals. If two-thirds approve, Report goes forward. Lacking twothirds approval, Report returns to Committee. Step 3 Report on Proposals (ROP) is published for public review and comment. Report on Comments (ROC) Committee meets to act on Public Comments to develop its own Comments, and to prepare its report. Committee votes by written ballot on Comments. If two-thirds approve, Report goes forward. Lacking twothirds approval, Report returns to Committee. Step 4 Report on Comments (ROC) is published for public review. Association Technical Meeting Notices of intent to make a motion are filed, are reviewed, and valid motions are certified for presentation at the Association Technical Meeting. ( Consent Documents that have no certified motions bypass the Association Technical Meeting and proceed to the Standards Council for issuance.) NFPA membership meets each June at the Association Technical Meeting and acts on Technical Committee Reports (ROP and ROC) for documents with certified amending motions. Step 5 Committee(s) vote on any amendments to Report approved at NFPA Annual Membership Meeting. Standards Council Issuance Notification of intent to file an appeal to the Standards Council on Association action must be filed within 20 days of the NFPA Annual Membership Meeting. Standards Council decides, based on all evidence, whether or not to issue document or to take other action, including hearing any appeals.

11 The Association Technical Meeting The process of public input and review does not end with the publication of the ROP and ROC. Following the completion of the Proposal and Comment periods, there is yet a further opportunity for debate and discussion through the Association Technical Meeting that takes place at the NFPA Annual Meeting. The Association Technical Meeting provides an opportunity for the final Technical Committee Report (i.e., the ROP and ROC) on each proposed new or revised code or standard to be presented to the NFPA membership for the debate and consideration of motions to amend the Report. The specific rules for the types of motions that can be made and who can make them are set forth in NFPA s rules, which should always be consulted by those wishing to bring an issue before the membership at an Association Technical Meeting. The following presents some of the main features of how a Report is handled. The Filing of a Notice of Intent to Make a Motion. Before making an allowable motion at an Association Technical Meeting, the intended maker of the motion must file, in advance of the session, and within the published deadline, a Notice of Intent to Make a Motion. A Motions Committee appointed by the Standards Council then reviews all notices and certifies all amending motions that are proper. The Motions Committee can also, in consultation with the makers of the motions, clarify the intent of the motions and, in certain circumstances, combine motions that are dependent on each other together so that they can be made in one single motion. A Motions Committee report is then made available in advance of the meeting listing all certified motions. Only these Certified Amending Motions, together with certain allowable Follow-Up Motions (that is, motions that have become necessary as a result of previous successful amending motions) will be allowed at the Association Technical Meeting. Consent Documents. Often there are codes and standards up for consideration by the membership that will be noncontroversial and no proper Notices of Intent to Make a Motion will be filed. These Consent Documents will bypass the Association Technical Meeting and head straight to the Standards Council for issuance. The remaining documents are then forwarded to the Association Technical Meeting for consideration of the NFPA membership. What Amending Motions Are Allowed. The Technical Committee Reports contain many Proposals and Comments that the Technical Committee has rejected or revised in whole or in part. Actions of the Technical Committee published in the ROP may also eventually be rejected or revised by the Technical Committee during the development of its ROC. The motions allowed by NFPA rules provide the opportunity to propose amendments to the text of a proposed code or standard based on these published Proposals, Comments, and Committee actions. Thus, the list of allowable motions include motions to accept Proposals and Comments in whole or in part as submitted or as modified by a Technical Committee action. Motions are also available to reject an accepted Comment in whole or part. In addition, Motions can be made to return an entire Technical Committee Report or a portion of the Report to the Technical Committee for further study. The NFPA Annual Meeting, also known as the NFPA Conference & Expo, takes place in June of each year. A second Fall membership meeting was discontinued in 2004, so the NFPA Technical Committee Report Session now runs once each year at the Annual Meeting in June. Who Can Make Amending Motions. NFPA rules also define those authorized to make amending motions. In many cases, the maker of the motion is limited by NFPA rules to the original submitter of the Proposal or Comment or his or her duly authorized representative. In other cases, such as a Motion to Reject an accepted Comment, or to Return a Technical Committee Report or a portion of a Technical Committee Report for Further Study, anyone can make these motions. For a complete explanation, the NFPA Regs should be consulted.

12 Action on Motions at the Association Technical Meeting. In order to actually make a Certified Amending Motion at the Association Technical Meeting, the maker of the motion must sign in at least an hour before the session begins. In this way a final list of motions can be set in advance of the session. At the session, each proposed document up for consideration is presented by a motion to adopt the Technical Committee Report on the document. Following each such motion, the presiding officer in charge of the session opens the floor to motions on the document from the final list of Certified Amending Motions followed by any permissible Follow-Up Motions. Debate and voting on each motion proceeds in accordance with NFPA rules. NFPA membership is not required in order to make or speak to a motion, but voting is limited to NFPA members who have joined at least 180 days prior to the Association Technical Meeting and have registered for the meeting. At the close of debate on each motion, voting takes place, and the motion requires a majority vote to carry. In order to amend a Technical Committee Report, successful amending motions must be confirmed by the responsible Technical Committee, which conducts a written ballot on all successful amending motions following the meeting and prior to the document being forwarded to the Standards Council for issuance. Standards Council Issuance One of the primary responsibilities of the NFPA Standards Council, as the overseer of the NFPA codes and standards development process, is to act as the official issuer of all NFPA codes and standards. When it convenes to issue NFPA documents, it also hears any appeals related to the document. Appeals are an important part of assuring that all NFPA rules have been followed and that due process and fairness have been upheld throughout the codes and standards development process. The Council considers appeals both in writing and through the conduct of hearings at which all interested parties can participate. It decides appeals based on the entire record of the process as well as all submissions on the appeal. After deciding all appeals related to a document before it, the Council, if appropriate, proceeds to issue the document as an official NFPA code or standard. Subject only to limited review by the NFPA Board of Directors, the decision of the Standards Council is final, and the new NFPA code or standard becomes effective twenty days after Standards Council issuance.

13 Report on Comments A2013 Copyright, NFPA NFPA 96 Report of the Committee on Michael Hinderliter, Facilitec Southwest (Hood Specialists, Inc.), TX [IM] (Alt. to M. D. Doc Reisman) Venting Systems for Cooking Appliances Richard Kukla, Robert Rippe & Associates, MN [SE] (Alt. to Harry Schildkraut) R. T. Leicht, Chair Bruce Lukens, Gaylord Industries, OR [M] State of Delaware, DE [E] (Alt. to Philip O. Morton) Rep. International Fire Marshals Association Norbert W. Makowka, National Association of Fire Equipment Distributors, IL [IM] Gary G. Hopson, Secretary (Alt. to Rod Getz) Global Risk Consultants Corporation, MI [SE] Jayendra S. Parikh, Compliance Solutions International Inc., IL [M] (Alt. to Christopher R. Schulz) Kurt A. Ruchala, FIREPRO Incorporated, MA [SE] (Alt. to Lee C. DeVito) John W. Rudd, Delaware State Fire Marshal Office, DE [E] (Alt. to R. T. Leicht) Blake M. Shugarman, UL LLC, IL [RT] (Alt. to Dwayne E. Sloan) William Vegso, Buckeye Fire Equipment Company, NC [M] (Alt. to James Murphy) Phil Ackland, Phillip Ackland Holdings Ltd., Canada [SE] Bernard P. Besal, Besal Services, Inc., GA [IM] Rep. International Kitchen Exhaust Cleaning Association Mark A. Buchanan, City of Boston Fire Department, MA [E] Laurence W. Caraway, Jr., Kitchen Klean Inc., NH [IM] Lisa Carr, Christiana Care Health Services, DE [U] Russell Clark, Certified Hood & Duct Cleaners Association, TN [IM] Mark T. Conroy, Brooks Equipment Company, MA [M] Lee C. DeVito, FIREPRO Incorporated, MA [SE] Rod Getz, Getz Fire Equipment, IL [IM] Rep. National Association of Fire Equipment Distributors Christopher M. Hiener, Union Fire District of South Kingstown, RI [E] Francis J. Kohout, McDonald s Corporation, IL [U] Steven F. Levin, CNA Insurance Company, IL [I] Armond Lombas, Louisiana Office of the State Fire Marshal, LA [E] John Lopes, US Army Corps of Engineers, AP [U] Philip O. Morton, Gaylord Industries Inc., OR [M] James G. Munger, James G. Munger & Associates, Inc., AL [SE] James Murphy, Amerex Corporation, AL [M] Rep. Fire Equipment Manufacturers Association Thomas E. Pavlock, Zurich Insurance, FL [I] Shaun Ray, Metal-Fab, Inc., KS [M] Rep. Air-Conditioning, Heating, & Refrigeration Institute M. D. Doc Reisman, Averus, IL [IM] Rep. Power Washers of North America Christopher A. Roth, Town of Brighton, NY [E] Frederick Sanford, Liberty Mutual Insurance Company, MA [I] Harry Schildkraut, S2O Consultants, Inc., IL [SE] Rep. Foodservice Consultants Society International Christopher R. Schulz, Van-Packer Company, Inc., IL [M] Dwayne E. Sloan, UL LLC, NC [RT] James F. Valentine, Jr., James F. Valentine, Jr., Inc., NJ [IM] Alternates Tracy Ashmore, Blastoff Hood Cleaning, TN [IM] (Alt. to Russell Clark) W. Nelson Dilg, Nelbud Services Group, NJ [IM] (Alt. to Bernard P. Besal) Gray M. Fowler, Liberty Mutual Insurance Group, MS [I] (Alt. to Frederick Sanford) Jason Greenberg, McDonald s USA, LLC, IL [U] (Alt. to Francis J. Kohout) Nonvoting Russell P. Fleming, National Fire Sprinkler Association, Inc., NY [IM] Rep. Correlating Committee on Automatic Sprinklers Staff Liaison: Sandra Stanek Committee Scope: This Committee shall have primary responsibility for documents on fire safety in the design, installation, and use of exhaust systems (including hoods, grease removal devices, exhaust ducts, dampers, air-moving devices; and auxiliary equipment) for the removal of products of combustion, heat, grease, and vapors from cooking equipment, including the application of associated fire extinguishing systems. This list represents the membership at the time the Committee was balloted on the text of this report. Since that time, changes in the membership may have occurred. This portion of the Technical Committee Report of the Committee on Venting Systems for Cooking Appliances is presented for adoption. This Report on Comments was prepared by the Technical Committee on Venting Systems for Cooking Appliances and documents its action on the comments received on its Report on Proposals on NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 2011 edition, as published in the Report on Proposals for the 2013 Annual Revision Cycle. This Report on Comments has been submitted to letter ballot of the Technical Committee on Venting Systems for Cooking Appliances, which consists of 28 voting members. The results of the balloting, after circulation of any negative votes, can be found in the report. 96-1

14 Report on Comments A2013 Copyright, NFPA NFPA Log #21 Final action: Reject (2.3.x (New) ) Submitter: David A. de Vries, Firetech Engineering Inc. Comment on Proposal No: Recommendation: Add new text to read as follows: 2.3.x IKECA Publications. International Kitchen Exhaust Cleaning Association, 100 North 20th Street, Suite 400, Philadelphia, PA IKECA/ ANSI C-10, Standard for Cleaning Commercial Exhaust Systems, Substantiation: Standards referenced in the text of this standard should be fully identified as to designation, title and source. If Proposal remains substantially unchanged through the ROC, the full reference in Section 2.3 is needed. Committee Statement: The IKECA Publication is added to the annex as B.2 Informational References. It is not referenced within the mandatory requirements of the standard and therefore should not be listed in Chapter Log #9 Final action: Accept (2.3.1 and B.1.2.2) Submitter: Marcelo M. Hirschler, GBH International Comment on Proposal No: 96-3 Recommendation: Revise the edition dates for the following ASTM Standards (no change proposed for any other referenced publication). ASTM E b ASTM E Substantiation: Standards date update. Committee Meeting Action: Accept 96-3 Log #2 Final action: Accept (2.3.3) Submitter: John F. Bender, UL LLC Comment on Proposal No: UL Publications. Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, IL ANSI/UL 197, Standard for Commercial Electric Cooking Appliances, 2003, revised 2010, Revised ANSI/UL 263, Standard for Fire Tests of Building Construction and Materials, ANSI/UL 300, Standard for Fire Testing of Fire Extinguishing Systems for Protection of Commercial Cooking Equipment, 2005, Revised UL 710, Standard for Exhaust Hoods for Commercial Cooking Equipment, 1995, revised ANSI/UL 710B, Standard for Recirculating Systems, UL 710C, Outline of Investigation for Ultraviolet Radiation Systems for Use in the Ventilation Control of Commercial Cooking Equipment Operations, ANSI/UL 723, Standard for Test for Surface Burning Characteristics of Building Materials, 2008, Revised ANSI/UL 1046, Standard for Grease Filters for Exhaust Ducts, 2010, revised ANSI/UL 1479, Standard for Fire Tests of Through-Penetration Firestops, 2003, revised ANSI/UL 1978, Standard for Grease Ducts, 2005, revised UL 2221, Standard for Tests of Fire Resistive Grease Duct Enclosure Assemblies, Substantiation: Update title of ANSI/UL 710C in accordance with the most recent edition, as indicated. Add ANSI/UL 263 as a referenced publication as a result of TC action to accept ROP Log #22. Committee Meeting Action: Accept 96-4 Log #10 Final action: Accept in Principle ( Material, 4.8, A , and A ) Submitter: Marcelo M. Hirschler, GBH International Comment on Proposal No: * Material Combustible Material. Any material that will burn regardless of its autoignition temperature * Limited-Combustible (Material). (See 4.8.2) Refers to a building construction material not complying with the definition of noncombustible material that, in the form in which it is used, has a potential heat value not 96-2 exceeding 3500 Btu/lb (8141 kj/kg), where tested in accordance with NFPA 259, Standard Test Method for Potential Heat of Building Materials, and includes either of the following: (1) materials having a structural base of noncombustible material, with a surfacing not exceeding a thickness of 1/8 in. (3.2 mm) that has a flame spread index not greater than 50; and (2) materials, in the form and thickness used, having neither a flame spread index greater than 25 nor evidence of continued progressive combustion, and of such composition that surfaces that would be exposed by cutting through the material on any plane would have neither a flame spread index greater than 25 nor evidence of continued progressive combustion, when tested in accordance with ASTM E 84, Standard Test Method of Surface Burning Characteristics of Building Materials; or UL 723, Standard for Test of Surface Burning Characteristics of Building Materials. [5000, 2009] * Noncombustible Material. (See Section 4.8.1) A substance that will not ignite and burn when subjected to a fire. A Material. Materials subject to increase in combustibility or flame spread index beyond the limits herein established through the effects of age, moisture, or other atmospheric condition should be considered combustible. See Table A A Limited-Combustible Material. For further information, see NFPA 259, Standard Test Method for Potential Heat of Building Materials. A Noncombustible Material. Materials that are reported as passing ASTM E 136 should be considered noncombustible materials. 4.8 Materials Noncombustible Material * A material that complies with any of the following shall be considered a noncombustible material: (1)* A material that, in the form in which it is used and under the conditions anticipated, will not ignite, burn, support combustion, or release flammable vapors, when subjected to fire or heat (2) A material that is reported as passing ASTM E136, Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750 Degrees C (3) A material that is reported as complying with the pass/ fail criteria of ASTM E 136 when tested in accordance with the test method and procedure in ASTM E2652, Standard Test Method for Behavior of Materials in a Tube Furnace with a Cone-shaped Airflow Stabilizer, at 750 Degrees C. [5000: ] Where the term limited-combustible is used in this Code, it shall also include the term noncombustible. [5000: ] A The provisions of Section do not require inherently noncombustible materials to be tested in order to be classified as noncombustible materials. [5000:A ] A (1) Examples of such materials include steel, concrete, masonry and glass. [5000:A (1)] Limited-Combustible Material. A material shall be considered a limited combustible material where all the conditions of Sections and , and the conditions of either Sections or are met. [5000: ] The material does not comply with the requirements for a noncombustible material, in accordance with Section [5000: ] The material, in the form in which it is used, exhibits a potential heat value not exceeding 3500 Btu/lb (8141 kj/kg), when tested in accordance with NFPA 259, Standard Test Method for Potential Heat of Building Materials. [5000: ] The material has a structural base of a noncombustible material with a surfacing not exceeding a thickness of 1/8 in. (3.2 mm) where the surfacing exhibits a flame spread index not greater than 50 when tested in accordance with ASTM E84, Standard Test Method for Surface Burning Characteristics of Building Materials or ANSI/UL 723, Standard for Test for Surface Burning Characteristics of Building Materials. [5000: ] The material is composed of materials which, in the form and thickness used, neither exhibit a flame spread index greater than 25 nor evidence of continued progressive combustion when tested in accordance with ASTM E84 or ANSI/UL 723, and are of such composition that all surfaces that would be exposed by cutting through the material on any plane would neither exhibit a flame spread index greater than 25 nor exhibit evidence of continued progressive combustion when tested in accordance with ASTM E84 or ANSI/ UL 723. [5000: ] Where the term limited-combustible is used in this Code, it shall also include the term noncombustible. [5000: ] Add reference to ASTM E136, Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750 C (2012), and to ASTM E2652, Standard Test Method for Behavior of Materials in a Tube Furnace with a Cone-shaped Airflow Stabilizer, at 750 Degrees C (2012) and to ANSI/UL 723, Standard for Test for Surface Burning Characteristics of Building Materials into Chapter 2 on referenced standards. Also add reference to NFPA 259 into Annex B on informational references. Substantiation: Please reconsider and accept the proposal (and comment). This change does not change the actual information needed for understanding what is a noncombustible material or a limited combustible material but simply changes the location where the information is found. The problem is that definitions are not enforceable in NFPA standards and, therefore, cannot contain requirements. The way the definitions read in NFPA 96 they contain requirements.

15 Report on Comments A2013 Copyright, NFPA NFPA 96 ASTM E136 and ASTM E2652 are different test methods (with different apparatuses) to assess whether a material is noncombustible. ASTM E2652 was developed to make it easier for people having difficulty finding equipment and spare parts for using ASTM E136. Making the change will also help with the recommendation by Standards Council that NFPA definitions be uniform throughout the NFPA system. The proposed change the committee made in NFPA moves away from this concept. Revise text to read as follows: * Limited-Combustible (Material) Refers to a building construction material with limited burning characteristics that, when in the form in which it is used, does not comply with the definition of noncombustible material. (See 4.8.2) that, in the form in which it is used, has a potential heat value not exceeding 3500 Btu/lb (8141 kj/kg), where tested in accordance with NFPA 259, Standard Test Method for Potential Heat of Building Materials, and includes either of the following: (1) materials having a structural base of noncombustible material, with a surfacing not exceeding a thickness of 1/8 in. (3.2 mm) that has a flame spread index not greater than 50; and (2) materials, in the form and thickness used, having neither a flame spread index greater than 25 nor evidence of continued progressive combustion, and of such composition that surfaces that would be exposed by cutting through the material on any plane would have neither a flame spread index greater than 25 nor evidence of continued progressive combustion, when tested in accordance with ASTM E 84, Standard Test Method of Surface Burning Characteristics of Building Materials; or UL 723, Standard for Test of Surface Burning Characteristics of Building Materials. [5000, 2009] * Noncombustible Material. A substance that will not ignite and burn under the conditions anticipated when subjected to a fire.(see 4.8.1) Noncombustible Material * A material that complies with any of the following shall be considered a noncombustible material: (1)* A material that, in the form in which it is used and under the conditions anticipated, will not ignite, burn, support combustion, or release flammable vapors, when subjected to fire or heat (2) A material that is reported as passing ASTM E136, Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750 Degrees C (3) A material that is reported as complying with the pass/ fail criteria of ASTM E 136 when tested in accordance with the test method and procedure in ASTM E2652, Standard Test Method for Behavior of Materials in a Tube Furnace with a Cone-shaped Airflow Stabilizer, at 750 Degrees C. [5000: ] Where the term limited-combustible is used in this Code, it shall also include the term noncombustible. [5000: ] A The provisions of Section do not require inherently noncombustible materials to be tested in order to be classified as noncombustible materials. [5000:A ] A (1) Examples of such materials include steel, concrete, masonry and glass. [5000:A (1)] Limited-Combustible Material. A material shall be considered a limited combustible material where all the conditions of Sections and , and the conditions of either Sections or are met. [5000: ] The material does not comply with the requirements for a noncombustible material, in accordance with Section [5000: ] The material, in the form in which it is used, exhibits a potential heat value not exceeding 3500 Btu/lb (8141 kj/kg), when tested in accordance with NFPA 259, Standard Test Method for Potential Heat of Building Materials. [5000: ] The material has a structural base of a noncombustible material with a surfacing not exceeding a thickness of 1/8 in. (3.2 mm) where the surfacing exhibits a flame spread index not greater than 50 when tested in accordance with ASTM E84, Standard Test Method for Surface Burning Characteristics of Building Materials or ANSI/UL 723, Standard for Test for Surface Burning Characteristics of Building Materials. [5000: ] The material is composed of materials which, in the form and thickness used, neither exhibit a flame spread index greater than 25 nor evidence of continued progressive combustion when tested in accordance with ASTM E84 or ANSI/UL 723, and are of such composition that all surfaces that would be exposed by cutting through the material on any plane would neither exhibit a flame spread index greater than 25 nor exhibit evidence of continued progressive combustion when tested in accordance with ASTM E84 or ANSI/ UL 723. [5000: ] Where the term limited-combustible is used in this Code, it shall also include the term noncombustible. [5000: ] Committee Statement: The Technical Committee agrees with the submitter for the comment and actions preserve short definitions for the three existing terms. We also agree with providing requirement text in Section 4.8. Comment on Affirmative: PARIKH, J.: (1) delete * from , since A is not included in the Committee Action, and it is not needed, (2) include 4.8 Materials, which is missing, and (3) in and , change the word Code to standard, as it is the correct term Log #11 Final action: Accept ( Limited Combustible (Material) Submitter: Marcelo M. Hirschler, GBH International Comment on Proposal No: Recommendation: Reject this proposal. Substantiation: Please reconsider and accept the Proposal NFPA and the comment associated with that proposal and reject Proposal The change proposed by Proposal NFPA does not change the actual information needed for understanding what is a noncombustible material or a limited combustible material but simply changes the location where the information is found. The problem is that definitions are not enforceable in NFPA standards and, therefore, cannot contain requirements. The way the definitions read in NFPA 96 they contain requirements. ASTM E136 and ASTM E2652 are different test methods (with different apparatuses) to assess whether a material is noncombustible. ASTM E2652 was developed to make it easier for people having difficulty finding equipment and spare parts for using ASTM E136. Making the change will also help with the recommendation by Standards Council that NFPA definitions be uniform throughout the NFPA system. The proposed change the committee made in NFPA moves away from this concept. Committee Meeting Action: Accept 96-6 Log #12 Final action: Reject ( Qualified) Submitter: Marcelo M. Hirschler, GBH International Comment on Proposal No: Recommendation: Reject this proposal. Substantiation: Please reconsider and reject the Proposal NFPA The action by Proposal would introduce a new definition for qualified and would oppose the recommendation by Standards Council that NFPA definitions be uniform throughout the NFPA system. The definition for qualified reading: A competent and capable person or company that has met the requirements and training for a given field acceptable to the AHJ. is now contained in several documents. If the committee wants to move towards defining a qualified person, the preferred definition in the NFPA system is: qualified person - A person who, by possession of a recognized degree, certificate, professional standing, or skill, and who, by knowledge, training, and experience, has demonstrated the ability to deal with problems relating to a particular subject matter, work, or project., which comes from NFPA 45. I urge the technical committee to use an existing NFPA definition and not make up a new one. Committee Statement: The technical committee has simply removed the word or company in the original definition at the ROP stage. Accepting the comment would reintroduce the words or company and the technical committee is opposed to this Log #8 Final action: Reject (4.2.3) Submitter: Tony Crimi, A.C. Consulting Solutions, Inc. Comment on Proposal No: Clearance Reduction Where a clearance reduction system consisting of 0.33 mm (0.013 in.) (28 gauge) sheet metal spaced out 25 mm (1 in.) on noncombustible spacers is provided, there shall be a minimum of 229 mm (9 in.) clearance to combustible material Where a clearance reduction system consisting of a listed and labeled field-applied grease duct enclosure material, system, product or method of construction specifically evaluated for such purpose in accordance with ASTM E 2336, the required clearance shall be in accordance with the listing. Where a clearance reduction system consisting of 0.69 mm (0.027 in.) (22 gauge) sheet metal on 25 mm (1 in.) mineral wool batts or ceramic fiber blanket reinforced with wire mesh or equivalent spaced 25 mm (1 in.) on noncombustible spacers is provided, there shall be a minimum of 76 mm (3 in.) clearance to combustible material Zero clearance to limited-combustible materials shall be permitted where protected by metal lath and plaster, ceramic tile, quarry tile, other noncombustible materials or assembly of noncombustible materials, or materials and products that are listed for the purpose of reducing clearance. DELETE: Figure A 4.2(f) and Figure A 4.2(g) as follows -

16 Report on Comments A2013 Copyright, NFPA NFPA 96 Substantiation: Purpose: The generic language describing clearance reduction systems incorporating mineral wool or ceramic fiber insulation are outdated. The purpose of the proposed code is to improve the Standard by adding an alternate tested exception to the grease duct clearance requirements in Reason: This item was Accepted in Principle by the TC during the ROP Phase. The original proposal effectively had two segments: 1. The addition of ASTM E2336 for determination of clearance, and 2. Deletion of the existing generic method in NFPA 96. The Technical Committee supported the first item above, but not the second. Obviously, it is our view that the addition of ASTM E2336 is completely logical and necessary, and we appreciate the Technical Committee s concurrence. On the issue of deletion of the existing generic option to use the untested method described in the Standard, we would offer some additional technical justification to support its deletion. The prescribed solution has the following deficiencies, which are resolved by reference to an accepted test method, ASTM E2336: 1) Construction protected as prescribed does not account for all modern construction assemblies and materials for example some plastic foam insulations used as insulation in roof assemblies today may not have been envisioned when this prescribed method was first adopted. 2) The prescribed method does not account for deflection of the duct when subjected to an internal fire, in which case the duct could deflect to a position less than the intended 3 inches minimum clearance to combustibles. The method of duct support is not included in this section. Consequently, there is no reason to believe deflection could not be towards the prescribed heat shield. Assemblies tested to ASTM E2336 see this deflection, and the acceptance criteria ensure that the system can accommodate such deflection. 3) The prescribed method as written assumes that the insulating value of the mineral wool or ceramic fiber blanket will provide protection against the radiant temperatures of the internal grease duct fire. The insulating value of both mineral wool and ceramic fiber are both dependent on the density of the fibers as well as the thickness and other factors related to manufacturing techniques. However, this section of the NFPA 96 Standard makes no reference to any of these, including density. 4) When density and/or fiber chemistry or fiber size are varied, the level of insulation, and thus fire protection provided, will vary proportionally. Lower K-Values can provide greater insulation and, therefore, improved fire protection performance. Again, the duct can be assumed to radiate at or near 2000oF during an internal fire, however, the actual temperature on the surface of the heat shield is unknown, and the combustion characteristics of the underlying construction can vary. Consequently, the current provisions of the NFPA 96 standard do not address the basic design requirements to build a functional heat shield adapted to every construction means and method. Requiring performance testing in accordance with ASTM E2336 rectifies many of the deficiencies associated with under-specifying generic methods. Committee Statement: The method previously stated in NFPA 96 is still widely used and should remain. The submitter did not provide a rebuttal reason for the change Log #18 Final action: Accept in Principle ( ) Submitter: David A. de Vries, Firetech Engineering Inc. Comment on Proposal No: Recommendation: Reject the proposal and revert to the 2011 text. Substantiation: The substantiation does not address the issue. A wood stud framed wall, even when covered with a limited combustible material such as gypsum wall board, still requires appropriate clearance between the exhaust system and the combustible wood studs even if the gypsum wall board can be covered with a non-combustible material, such as those listed in the 2011 text, and reduce the clearance to zero with minimal risk of fire. A sheet metal backsplash over gypsum wall board on a steel stud framed wall does not need to be a listed assembly. Revise text as follows: Zero clearance to limited-combustible materials, shall be permitted where protected by metal lath and plaster, ceramic tile, quarry tile, other noncombustible materials or assembly of noncombustible materials, or materials and products that are listed for the purpose of reducing clearance by one of the following: (a) metal lath and plaster (b) ceramic tile (c) quarry tile (d) other noncombustible materials or assembly of noncombustible materials. (e) other materials and products that are listed for the purpose of reducing clearance Committee Statement: It is not reasonable for materials that are noncombustible to be listed as noncombustible. 96-4