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ANNUAL 2011
NFPA ASSOCIATION TECHNICAL MEETING
BOSTON CONVENTION AND EXHIBITION CENTER
415 SUMMER STREET
BOSTON, MASSACHUSETTS
WEDNESDAY, JUNE 15, 2011
AFTERNOON SESSION
12:30 p.m.
LEAVITT REPORTING, INC.
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1 I N D E X PG
2 Report on Gaseous Fire Extinguishing Systems 3Motion: Pg:
3 2001-1 32001-2 30
4 2001-17 52Report on Structures, Construction and Materials 60
5 703-1 61Report of TCC Safety to Life 83
6 101-5 85101-2 88
7 101-3 89101-5 99
8 101-6 105101-7 109
9 101-8 123101-9 132
10 101-10 139101-11 159
11 101-12 166101-13 170
12 101-14 179101-15 187
13 101-19 202101-23 212
14 101-24 212Report of the TCC Building Code 216
15 5000-1 2175000-2 218
16 5000-3 2275000-4 230
17 5000-5 2565000-6 255
18 5000-7 257Report on Electrical Safety in the Workplace 259
19 70E-1 26170E-2 267
20 70E-3 280212223
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1 The afternoon session of the NFPA Technical Meeting
2 was held at the Boston Convention Center on
3 Wednesday, June 15, 2011, commencing at 12:30 p.m.
4 MR. CLARY: Welcome back. You might have
5 noticed as the Chair I was able to suspend time for a
6 while.
7 The next report under consideration this
8 afternoon is that of the Technical Committee on
9 Gaseous Fire Extinguishing Systems.
10 Here to present the committee's report is
11 the committee chair Jeffrey Harrington of the
12 Harrington Group, Incorporated, Duluth, Georgia. The
13 committee report can be found in the white 20 CAM
14 fall business cycle ROP ROC.
15 The Certified Amending Motions are
16 contained in the Motions Committee report and behind
17 me on the screen. You will see the order of the
18 motions numbers presented. Mr. Harrington.
19 MR. HARRINGTON: Mr. Chair, ladies and
20 gentlemen, the report of the Technical Committee on
21 Gaseous Fire Extinguishing Systems is presented for
22 adoption and can be found in the Report on Proposals
23 and the Report on Comments to the 2010 fall revision
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1 cycle.
2 The Technical Committee has published a
3 report consisting of a partial revision of NFPA 2001
4 Standard on Clean Agent Fire Extinguishing Systems.
5 The report was submitted to letter ballot
6 of the Technical Committee that consists of 29 voting
7 members.
8 The ballot results can be found on pages
9 2001-1 to 2001-33 of the Report on Proposals and
10 pages 2001-1 to 2001-12 of the Report on Comments.
11 The presiding officer will now proceed with the
12 Certified Amending Motions.
13 MR. CLARY: Thank you, Mr. Harrington.
14 Let's now proceed to discussion of the Certified
15 Amending Motion and the first one up will be 2001-1.
16 And microphone number 3.
17 MR. STILWELL: Hello. I'm Brad Stilwell,
18 of Fike Corporation and I would like to make a motion
19 to return Section 5.4.2.4 to the current edition.
20 MR. CLARY: And do we have a second?
21 FROM THE FLOOR: Second.
22 MR. CLARY: We have a second. Please
23 proceed.
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1 MR. STILWELL: This issue has to deal
2 with the design concentration for Class A
3 combustibles that are usually extinguished with clean
4 agents.
5 And what this comment would do if the
6 NITMAM were not accepted is it would tie the minimum
7 design concentration for a Class A combustible, wood,
8 paper, and plastic, to a Class B flammable liquid
9 fire which I believe is a mistake.
10 To give you a little history around that,
11 when NFPA 2001 was originally published in 1994,
12 there was a link between Class A and Class B fires.
13 And if you looked in the standard there's
14 a table. And in that table there were six gasses in
15 that table, and then on the other side would be
16 companies and the Class B extinguishing concentration
17 they got for that gas.
18 Well, if you look in that standard there
19 were 24 values in that table. And of the 24 values,
20 there were only two values that were actually the
21 same as each other.
22 So there was a problem with people
23 agreeing on this Class B concentration, and the
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1 reason that was such a big problem was of the people
2 that supplied clean agent systems, the most dominant
3 one was HFC-227ea. You had three manufacturers at
4 that time promoting systems.
5 Well, there was one manufacturer that had
6 a design concentration that was different than the
7 other two.
8 The problem with that is local
9 authorities, fire marshals, people that are reviewing
10 systems, would say, Why is this one different? Why
11 are they different?
12 So because of that, in the 1990's the
13 committee, with a great deal of effort and work, went
14 to separate the Class A and Class B concentration.
15 There was actually a test protocol
16 developed to determine what the right concentration
17 would be for the Class A fire.
18 And I'm happy to say at this time all
19 manufacturers of clean agent systems use the same
20 design concentration.
21 So I believe that the committee did the
22 right thing back in the late 90's by separating them
23 and having an independent test for those.
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1 Now it's much more clear to a user of the
2 standard what design concentration they can use for
3 the Class A.
4 The other thing that overturned this
5 comment in supporting the NITMAM is the way the
6 comment is written is it really treats the two main
7 gasses used for clean agents differently.
8 If you have a liquified agent, then the
9 ratio of concentrations ends up being different than
10 inert gasses which really creates a different level
11 of safety that will be used for one gas versus the
12 other, which is not in my opinion the right thing to
13 do.
14 Lastly, I believe there really isn't any
15 technical justification for this change, because
16 there isn't any related fire incidence, there isn't
17 really anything hard and technical that you can grab
18 onto that would tell you that comment should be
19 accepted.
20 And lastly, to accept this motion would
21 be to keep it the way it is today which is what it
22 was for the past ten plus years. Thank you.
23 MR. CLARY: Thank you. Mr. Harrington.
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1 MR. HARRINGTON: Okay. I think it would
2 be useful to the group for me to give a synopsis of
3 the journey that the committee took that led to the
4 committee action that we're now talking about.
5 As you can see on the screen, the NITMAM,
6 the CAM, essentially is asking that Proposal 2001-24
7 be returned and also Comment 2001-16 be returned.
8 So I'd like to give a quick review of the
9 action we took, the committee took, on Proposal
10 2001-24.
11 That proposal, which you can follow along
12 if you'd like, in the proposal ROP document, asked
13 that the safety factor that you use to raise the
14 minimum extinguishing concentration to a minimum
15 design concentration be increased from 1.2 to 1.3
16 for Class A surface fires.
17 A number of reasons we would get into
18 which I'm going to basically quickly touch on. One
19 reason was that the Class B hazard safety factor is
20 at 1.3.
21 The submitter saw no technical basis for
22 Class A having a different safety factor than the
23 Class B.
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1 Another reason for Halon 1301, the old
2 days, and CO2, historically the safety factor for
3 Class A hazards for those two materials was between
4 1.5 and 1.6.
5 The submitter saw no technical basis for
6 a new clean agent -- the new clean agents having a
7 safety factor so significantly less.
8 Some calculations were done by I.
9 Schlosser at BDS that were referred to by this
10 submitter.
11 It showed a drop in the failure
12 probability prediction could occur from 17.5 to 10
13 going from 1.2 to a 1.3 safety factor.
14 There's an international consensus view
15 through the ISO 14520 standard and the U.S. Technical
16 Advisory Group -- it's part of that -- that Class A
17 safety factor should be 1.3.
18 Also mention was made of the uncertainty
19 that's developed in the minimum extinguishing
20 concentration values for Class A for certain agents,
21 or a certain agent in particular, that recently,
22 relatively speaking, went back and retested and
23 reduced the minimum extinguishing concentration which
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1 had an effect of reducing the inherent safety factor
2 even further.
3 This was all discussed by the committee
4 and evaluated and ultimately the proposal was
5 accepted by the committee 25 to 3, so it was a pretty
6 strong consensus. The committee is looking for an
7 increase in the safety factor from 1.2 to 1.3.
8 Looking at now this CAM that we're
9 talking about now also wishes to return the comment
10 2001-16.
11 Again, the committee reviewed the issue
12 of safety factor being 1.2 versus 1.3 for Class A
13 surface fires, and the committee developed ultimately
14 a comment that essentially was a compromise and made
15 a change to the proposal by way of compromise.
16 And it had two parts. One part is that
17 the Class A surface MDC, or minimum design
18 concentration, should be developed by 1.2 times the
19 MEC.
20 And there was a floor put on it by the
21 committee with a second statement that it should also
22 not be less than the MEC or minimum extinguishing
23 concentration for Heptane. That comment was accepted
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1 23 to 4 by a fairly large margin.
2 MR. CLARY: Okay. Thank you. Looks like
3 microphone number 5.
4 MR. GRODSKY: Thank you, Mr. Chair. I'm
5 Larry Grodsky with Siemens Industry. I'm also the
6 president of the Fire Suppression Systems Association
7 and I'm representing the Fire Suppression Systems
8 Association and I am for the motion.
9 The ROC proposed to insert an additional
10 requirement that the minimum design concentration per
11 Class A service fire hazards shall not be less than
12 the minimum extinguishing concentration for liquid
13 fuel, normal heptane.
14 The fire suppression Systems Association
15 believes the addition of this new additional
16 requirement is unnecessary and unwarranted.
17 Number one, the present method of
18 determining Class A design concentrations follows the
19 old standard 2127 and 2166 and the FM Approval
20 Standard 5600 for clean agent systems.
21 The method involves testing Class A
22 materials to determine the Class A extinguishing
23 concentration.
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1 It is reasonable that the design
2 concentrations for Class A fuels be based on
3 extinguishing Class A materials, not an
4 extinguishment of the class fuel.
5 And number two in the comments, tens of
6 thousands of clean agent systems have been installed
7 over the last 20 years.
8 In fact, a recently survey of the FSSA
9 installer members report that we've installed over
10 23,000 systems since 1993.
11 The survey reports 191 successful fire
12 extinguishments and zero failures due to failures of
13 extinguishment.
14 No reports of failures of those systems
15 to extinguish fires has been reported to the NFPA
16 2001 Technical Committee.
17 There's no doubt that the current
18 requirements in the NFPA 2001 standards are working.
19 Therefore we're asking the assembly to vote in favor
20 of the motion to retain the current requirements for
21 clean agent design concentrations for Class A surface
22 fire hazards. Thank you.
23 MR. CLARY: Thank you. Microphone number
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1 1.
2 MR. RIVERS: Thank you, Mr. Chairman. My
3 name is Paul Rivers. I'm with 3M Company and I'm a
4 principal in the NFPA 2001 Committee.
5 I'm not speaking on behalf of the
6 committee. I am a manufacturer of a clean agent in
7 the standards.
8 I rise in support of the NITMAM for the
9 following three reasons, and let me preface it by
10 saying this has nothing to do with Class C energized
11 fire scenarios. This is strictly on Class A. The
12 Class C is subject to the next NITMAM.
13 First, the substantiation for this
14 comment lacks supporting data to indicate meaningful
15 real world failures to extinguish Class A fires with
16 a 1.2 safety factor applied.
17 Rather, evidence has been provided to the
18 2001 committee of numerous documents of successful
19 extinguishments in thousands of clean agent
20 installations to date.
21 Second, there's a precedence against a
22 change to limit the Class A design concentration
23 value to be no less than another fuel's minimum
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1 extinguishing concentration.
2 The addition of this requirement
3 recouples the Class A fire design concentration to a
4 Class B heptane cup burner extinguishing
5 concentration, exactly something the committee
6 correctly decoupled back in the 90's.
7 Lastly, this action creates a nominal 10
8 percent higher safety margin for halocarbon agents
9 than that of inert gas agents.
10 There is no reasonable rationale for
11 this, no credible supporting data that has been
12 provided, and is wrong.
13 I ask the membership to support this
14 NITMAM proposal and maintain 5424 language as it is
15 in the present edition. Thank you, Mr. Chairman.
16 MR. CLARY: Thank you. Microphone number
17 2. And I also -- to the individual at microphone
18 number 2 and my congratulations for winning the Lamb
19 Award this year.
20 MR. DiNENNO: Thank you, Mr. Chairman.
21 Phil DiNenno with Hughes Associates speaking in
22 opposition to the motion. My colleagues who've
23 spoken who are also members of the Technical
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1 Committee, I think I'm going to revisit the history a
2 little bit.
3 I'm a member of the Technical Committee
4 and I was the chair of the Technical Committee when
5 these agents were introduced and these various test
6 methods were developed.
7 The reason the committee is concerned
8 about the issue is -- There are several reasons for
9 it but the primary one is that the extinguishing
10 concentrations and, therefore, the design
11 concentrations, have been dropping over time.
12 That probably doesn't have much to do
13 with the increased distinguishing capability of the
14 gasses.
15 So we're looking for, you know, solutions
16 to that problem and that was the genesis of the
17 rationale for setting a floor on the design
18 concentration to a test method for which there is
19 widespread agreement and virtually no spread in the
20 data.
21 The second reason is that when the two
22 first versions of 2001 were passed, we ignore the
23 inherently large safety factors that we had with
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1 Halon and CO2 which were in the range of 1.6 to 2
2 times this heptane cup burner concentration.
3 And we did that so as to not
4 unnecessarily penalize the introduction of low ozone
5 or no ozone, zero ozone, depleting gasses. That was
6 the rationale of the committee.
7 So we started with concentrations that
8 had virtually no margin. In fact, the early Class A
9 design concentrations were at approximately a safety
10 factor of -- of 1 compared to the historical data
11 with the CO2 and Halon. Now they've migrated down to
12 somewhere between .7 and .8.
13 Another observation of the committee was
14 that the test method used, the Class A test method,
15 which I had a lot to do with developing, was also
16 accepted -- a version of it was accepted by the
17 International Standards Organization.
18 And today if you look at the difference
19 between the results of the test method as practiced
20 in the United States and the test method as performed
21 by ISO, you see a test result difference of 20 to 30
22 percent for the same -- for nominally the same test
23 method, nominally the same fuels, the same basic fire
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1 scenarios. So this has, rightfully so I think,
2 caused much concern among the committee.
3 It's clear from the ISO results that we
4 are unable to extinguish very similar fires. Fires
5 that are maybe 10, 15 percent bigger with slightly
6 different mounting hardware, etcetera; we're unable
7 to extinguish them with the current extinguishing
8 concentrations embodied in NFPA 2001.
9 And I'd submit that if you had any other
10 similar hazard classification where such minor
11 differences resulted in a successful extinguishing
12 versus abject failure to extinguish, other committees
13 would take similar action.
14 This issue is exaggerated by the problem
15 with these agents that if you have a failure to
16 extinguish in a room full of a halocarbon gas, you
17 have made the situation much worse.
18 It's not just a matter of, Gee, I didn't
19 extinguish it, I got slightly more damage, it took a
20 little longer to put out.
21 It's the difference between, I put it out
22 and nothing happened, to, I filled the room with
23 thermal decomposition products that look like
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1 hydrogen fluoride.
2 MR. CLARY: 30 seconds.
3 MR. DiNENNO: Relative to the real fire
4 test results, we did see some of those tests or some
5 of those real world data.
6 Most of them had no concentration data
7 associated with them and the ones that did had
8 concentrations using the old design concentrations
9 which you'd expect because those were the
10 concentrations in effect for the first ten to fifteen
11 years of the standard. So thank you very much, and I
12 urge you to vote against the motion.
13 MR. CLARY: Thank you. Microphone number
14 5, please.
15 MR. HOFFMAN: Thank you. My name is
16 David Hoffman. I'm with Siemens Building
17 Technologies. I'm also the marketing communications
18 chairperson for the Fire Suppression Systems
19 Association and I am speaking today on their behalf.
20 Most of what I was going to say has
21 already been said in support of the motion. However,
22 I do want to briefly reiterate that the FSSA current
23 members responded to survey requests and have
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1 reported 23,400 systems installed since 1993 and 191
2 fire events that required extinguishment or
3 activation by systems that are covered under Standard
4 NFPA 2001, and out of those 191 fire events, all 191
5 fires were extinguished successfully.
6 For that reason I urge support of this
7 motion because I feel that this proposal is a
8 solution in search of a problem. I urge you to
9 please vote in support of this motion. Thank you.
10 MR. CLARY: Thank you. And we'll stay
11 with microphone number 5.
12 MR. ROBIN: Thank you, Mr. Chairman.
13 Mark Robin. I'm a senior technical consultant for
14 DuPont, principal NFPA 2001, speaking in support of
15 the motion.
16 The ROC proposal based Class A design
17 concentrations on either a standardized UL Class A
18 fire test or a Class B cup burner test, whichever
19 test provides the higher extinguishing concentration.
20 I want to make three points on this
21 comment. First, there's no technical justification
22 for basing Class A performance on Class B tests.
23 The fire industry has known for a long
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1 time there are fundamental differences between Class
2 A and Class B fires, for example, fire growth,
3 etcetera. As a result, the UL standards that are
4 employed today are based on a recognition of this
5 fact. The Class A design concentration is based on
6 Class A fire testing.
7 Second, the proposal's based on belief by
8 some that the current Class A design concentrations
9 are inadequate. The critical point here I think is
10 this is based on a belief.
11 There's no peer reviewed data from the
12 field or laboratory supporting the contention the
13 MDC's are too low. As a result, there's no consensus
14 among the technical experts that such an increase is
15 required.
16 If you look at field experience -- we've
17 heard this before -- we've had 20 years of field
18 experience with not a single failure to extinguish a
19 fire.
20 Laboratory scale results have also failed
21 to produce a smoking gun providing indisputable or
22 compelling evidence of a need for increased design
23 concentrations.
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1 Finally the ROC makes no technical sense
2 in its treatment of the different types of clean
3 agents.
4 The ROC would raise the design
5 concentration for halocarbon-based agents but for the
6 inert gasses the design concentrations will remain
7 the same.
8 There's no evidence from the field or
9 from the laboratory to support this idea that the
10 MDC's are somehow too low for halocarbons but somehow
11 adequate for inert gasses.
12 Based on the above, I would urge the NFPA
13 members to support the motion. Thank you.
14 MR. CLARY: Thank you. Microphone number
15 2.
16 MR. CAMPBELL: I'm Bruce Campbell with
17 Hughes Associates and I speak against the motion. I
18 think one thing we can't lose sight of with the
19 safety factors is the fact that the safety factor's
20 also there to support changing conditions of the
21 enclosure.
22 You may have a door slightly open or
23 ceiling tile that's up or a floor tile up, something
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1 like that, where you need the extra concentration to
2 account for that.
3 And I'm in the field quite a bit and see
4 those conditions almost every week. And when we talk
5 about success and failure, I do have a client that
6 recently had a discharge in a fire that was not a
7 success. It was a failure.
8 It caused a shutdown of some critical
9 equipment for a short period of time, and things like
10 this just don't get reported because my particular
11 client really has no need to report to anybody, but
12 it did happen within the last couple months. Thank
13 you.
14 MR. CLARY: Thank you. And
15 Mr. Harrington, final comment.
16 MR. HARRINGTON: Just to restate that the
17 -- final comment --
18 MR. CLARY: Go ahead and --
19 MR. HARRINGTON: Maybe, if it's okay,
20 I'll wait.
21 MR. CLARY: Okay. That's fine. Back to
22 microphone number 2.
23 MR. WYSOCKI: I'm Tom Wysocki. I'm a
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1 member of the NFPA 2001 Technical Committee and have
2 been kicking around this business since about 1973.
3 We've worked --
4 MR. CLARY: For or against?
5 MR. WYSOCKI: I am against the motion,
6 sir. We've worked with Halons, we've worked with
7 carbon dioxide, we've worked with virtually all the
8 clean agents.
9 And having been through the process that
10 our chairman described, I think the committee did a
11 wise thing in setting a floor on the minimum design
12 concentration for Class A fires.
13 The field data that's been referenced,
14 we've been unable to substantiate the actual design
15 concentrations that were used in the successful
16 extinguishments with the exception of several
17 instances where the old higher concentration was
18 used, as Mr. DiNenno noted.
19 We also see the difference in essentially
20 the same test with just a small difference in the
21 fire that Mr. DiNenno noted between ISO and NFPA.
22 Given those things, I think our committee
23 did a prudent thing. It was a bit of a compromise
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1 but I would urge that this assembly support the
2 action of the 2001 Technical Committee. Thank you.
3 MR. CLARY: Thank you. And number 2
4 again.
5 DR. LINTERIS: Hi. I'm Greg Linteris. I
6 work at NIST, National Institute of Standards and
7 Technology. I'm also on the 2001 committee but I'm
8 speaking here on behalf of myself.
9 I am against the motion for the following
10 reasons. I think the Class A test is a bad test. I
11 think what happens is you spray in the suppressant
12 but you don't mix it before it can interact with the
13 fire.
14 And so what happens is you can have
15 situations where the concentration locally at the
16 thing that you're trying to put out is higher than it
17 might be in a total flooding system where you're
18 assuming the concentration is a totally mixed
19 concentration. So I think that it's a bad test.
20 I think you can easily conceive of
21 situations where you have fires -- conceive of -- I
22 have made and seen fires that you cannot put out with
23 these clean agents using the cup burner
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1 concentrations which is what we're trying to go to.
2 This is trying to fix a bad situation with a less bad
3 number.
4 And finally, there is actually
5 fundamental reasons for using the cup burner heptane
6 numbers. There's some great work at NIST by Wing
7 Tsang, a preeminent world class chemical kineticist,
8 that shows the chemical mechanisms of how some of
9 these reacting HFC's for example, chemical compounds,
10 work.
11 The chemistry is the same for a wide
12 range of hydrocarbon-like compounds. So to a large
13 extent how they work doesn't make too much difference
14 based on the fuel type.
15 So there is actually reason to tie it to
16 the cup burner number. And again, that's just an
17 attempt to undo a situation which is not very good
18 because the Class A test isn't particularly good.
19 Thank you.
20 MR. CLARY: Thank you. And microphone
21 number 3 please.
22 MR. STILWELL: Brad Stilwell with Fike
23 Corporation. The first thing I'd like to correct is
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1 there are indeed --
2 MR. CLARY: Are you for or --
3 MR. STILWELL: I'm sorry. I'm for the
4 motion, yes. I would like to say there are indeed
5 field successful extinguishments at this 1.2 design
6 concentration that uses the current UL FM test
7 protocol.
8 The other thing I'd like to say is I
9 don't believe the test protocol is a bad test
10 protocol. Some of the things we do, we -- One thing
11 we do, we have an 18-inch by 18-inch wood crib that's
12 four things high and we put a gallon or a half gallon
13 of gasoline on it.
14 We burn it for about six minutes and we
15 put it in an enclosure and shut the doors and it
16 takes a minute, minute and a half, to put the fires
17 out.
18 The other thing, the plastic fires are
19 burning for about three and a half minutes before we
20 extinguish. I think -- and I've conducted tests on
21 inert gasses, liquid gas, several gasses, and I would
22 disagree with the statement that it's a bad test.
23 Thank you.
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1 MR. CLARY: Thank you. Now -- Okay.
2 Stay at the microphone.
3 MR. WYSOCKI: Sorry. I'd just like to --
4 Mr. Stilwell, if there have indeed been --
5 MR. CLARY: You have to address through
6 the Chair. Are you for or against the motion?
7 MR. WYSOCKI: I'm sorry. My name is
8 Thomas Wysocki. Mr. Chair, I am against the motion
9 and I'd like to address the last statement that
10 Mr. Stilwell made that there have indeed been
11 extinguishments at 1.2 times the MEC. That data has
12 not been forwarded --
13 MR. STILWELL: If you read my --
14 MR. CLARY: Wait a second. Through the
15 Chair. Right now the Chair recognizes number 2.
16 MR. WYSOCKI: I'll make the statement
17 that at least I on the Technical Committee have not
18 seen this data at these lower concentrations being
19 used for documented extinguishments.
20 I think that piece of information, if it
21 exists, would have been very helpful in looking at
22 this. But I think we still would have come to the
23 same conclusion. That's all. Thank you.
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1 MR. CLARY: Thank you. Now number 3.
2 MR. STILWELL: I'm sorry, sir. One thing
3 I'd like to --
4 MR. CLARY: Name? Are you for and
5 against the motion?
6 MR. STILWELL: I'm sorry. Brad Stilwell
7 from Fike. I am indeed for the motion, and when I
8 submitted one of my comments about the safety factors
9 and the current Class A protocol, I provided roughly
10 17 cases where fires were extinguished.
11 And the one that jumped in my head the
12 quickest is there was a cancer research center in
13 southern California and that document was indeed --
14 We made the flyer of it.
15 It was an FE-25 system designed at
16 8 percent and it put out a fire in a UPS room. And
17 if you go back to the NFPA archives you will find
18 that information in it.
19 MR. CLARY: Thank you. And microphone
20 number 2.
21 DR. LINTERIS: Greg Linteris, NIST. As
22 everybody in here probably knows, not all fires --
23 MR. CLARY: Are you for or against?
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1
2 DR. LINTERIS: I'm against. Not all
3 fires are created equal. Just because one
4 concentration can put out lots and lots of fires
5 doesn't mean it will put out all fires. It all
6 depends upon how well stabilized the fire is. Thank
7 you.
8 MR. CLARY: Thank you. Okay.
9 Mr. Harrington.
10 MR. HARRINGTON: You can see how much fun
11 my committee is. (Laughter) Okay. All I want to
12 say is that -- reiterate that the committee work
13 resulted in a consensus that was fairly strong.
14 And I listened to the arguments today on
15 both sides and I believe the committee heard and
16 discussed everything that we heard today and came to
17 the action that they did. So that's it.
18 MR. CLARY: Thank you. And with this I
19 will proceed to the vote on the Motion Sequence 2001
20 which is to return a portion of the report in the
21 form of Proposal 2001-24 and related Comment 2001-16.
22 All in favor of the motion signify by raising your
23 hands. Thank you. And all opposed, same sign.
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1 And there is no way I'm calling this one,
2 so we're going to do electronic voting. So I now
3 call members to use your devices.
4 You must have a red badge with the word
5 Member on the top to be voting. I'll remind you that
6 either 1 in favor of the motion, i.e. to accept, or
7 2, opposed to the the motion, to reject.
8 The motion on the floor is to return a
9 portion of a report and in the form of Proposal
10 2001-24 and related Comment 2001-16.
11 So at this time please submit your votes.
12 Five seconds. And the balloting is now closed. And
13 the motion is rejected. And it fails, too.
14 Next up is Motion Sequence 2001-2 and
15 looks like microphone number 5.
16 MR. GRODSKY: Thank you, Mr. Chairman.
17 Larry Grodsky, Siemens Industry, also president of
18 Fire Suppression Systems Association, representing
19 the Fire Suppression Systems Association.
20 I move to return a portion of the report
21 in the form of Proposal 2001-26 and related Comment
22 2001-17.
23 MR. CLARY: Thank you. Do we have a
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1 second?
2 FROM THE FLOOR: Second.
3 MR. CLARY: We have a second also.
4 Mr. Grodsky is the designated representative for the
5 FSSA. Please proceed.
6 MR. Grodsky: Thank you, Mr. Chairman.
7 The ROC proposed to add a table of design
8 concentrations to be used for Class C hazards.
9 The ROC includes five conditions which
10 must exist in the hazard in order to use the
11 specified design concentrations.
12 As I enumerate the criteria for the use
13 of the design concentrations, please try to picture
14 yourselves in a computer room or at that type of
15 structure trying to determine if these conditions
16 exist.
17 Condition number one. Cable bundles
18 containing power cables must be less than four inches
19 in diameter.
20 Condition number two. Cable trays must
21 be filled to less than 60 percent of their
22 cross-sectional area.
23 Number three. Cable trays must be spaced
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1 more than ten inches apart. Number four. Maximum
2 power consumption or production in an individual
3 piece of equipment must be less than or equal to five
4 kilowatts.
5 And number five, electric power suppled
6 to the equipment must be 480 volts or less. The
7 enforcement of such conditions in real life field
8 applications is untenable.
9 These conditions are not supported by any
10 test data, technical justification, or field
11 experience.
12 In fact, the latest research study on
13 clean agent concentrations required for Class C
14 hazards sponsored by the NFPA Fire Protection
15 Research Foundation and funded in part by the FSSA
16 indicates that clean agent extinguishing system
17 concentrations are predicted upon energy flux, not
18 upon the conditions given in the ROC.
19 The Fire Suppression Systems Association
20 fully supports development of a standardized design
21 concentration for Class C fire hazards based on good
22 science.
23 The FSSA is working with members of the
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1 NFPA 2001 Technical Committee to develop a tentative
2 interim agreement which will add standardized design
3 concentrations based on clear, usable, enforceable
4 criteria for NFPA 2001.
5 Specifically, the FSSA would like to see
6 design concentrations suitable for the most common
7 spaces protected by clean agents; namely, IT
8 equipment rooms and telecommunications facilities,
9 added to the standard.
10 Once again, tens of thousands of clean
11 agent systems have been installed over the last 20
12 years. As we said, we reported 191 successful fire
13 extinguishments, and 20 of those were in energized
14 electrical spaces, and zero failures to extinguish
15 have been available.
16 Clearly in the current provisions of the
17 standard there's been -- the standard's been very
18 effective.
19 To close, we ask that the assembly to
20 vote in favor of motion to retain the current
21 requirements for Class C minimum design
22 concentrations and remove the language contained in
23 the ROC as it is unenforceable and technically
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1 unsupported. Thank you, Mr. Chairman.
2 MR. CLARY: Thank you. And
3 Mr. Harrington, would you like to offer the
4 committee's position?
5 MR. HARRINGTON: Yes, I would, and I need
6 to speak as fast as that gentleman but I'm not sure
7 I'm capable of it. I'll try.
8 Because I have -- There's a lot of
9 history that the committee has been part of and it
10 goes back several cycles.
11 We were here in I believe it was 2007
12 with a similar motion related to Class C, and the
13 motion was upheld and the current standard shows
14 that, basically saying that Class C concentrations
15 shall be at least equal to Class A concentrations.
16 So the committee has been very active in
17 the process of trying to better understand the Class
18 C fire risk, and I want to go through some of the
19 history pretty quick, touch on it at a high level
20 just so you have an appreciation for what the
21 committee went through and what fed into the
22 committee action.
23 So in the last cycle -- Let me skip that
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1 part because I don't think I have time. Let me pick
2 it up after -- into the current cycle.
3 It was recognized in the last cycle that
4 we needed more technical basis to address the issue
5 of Class C.
6 So we approached the Fire Protection
7 Research Foundation and, through their leadership,
8 were successful in establishing a project, and also
9 through funding and volunteer time of the entire
10 industry and all segments of the industry, a very
11 cooperative effort through the Fire Protection
12 Research Foundation on Class C fires, culminating in
13 a report.
14 The contractor who did the study and
15 wrote the report was Dr. Greg Linteris who is here
16 today. And that report was published in January 09.
17 One month later a workshop was held at
18 the SUPDET conference in Orlando in February of 09
19 just on Class C issues.
20 Three working groups were established;
21 one on electronic data processing hazard
22 environments, one on telecommunication, and one on
23 power generation.
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1 At the end of the workshop, all of the
2 results of the working task groups were brought
3 together and some conclusions were drawn.
4 And both Doctor Linteris's report and
5 minutes, if you will, from the SUPDET meeting are
6 available on line.
7 What came out of the report that Doctor
8 Linteris published are three major conclusions: With
9 added energy, flame requires more agent to
10 extinguish.
11 A little energy makes a big difference in
12 the amount of agent required. And energy flux -- as
13 was previously mentioned, energy flux to the burning
14 surface is the key but not -- has not been studied
15 very much up to this point.
16 What came out of the work group session
17 SUPDET: The scope of Class C hazards should be
18 focused. Narrow it down and focus on EDP, electronic
19 data processing facility hazards and telecom, and
20 don't try to include power generation.
21 It was recognized that the upper boundary
22 of heat flux energy that could be addressed is
23 probably in the 50 kilowatt per square meter range.
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1 And it also was recognized that to really
2 tackle this problem, extensive round-robin testing of
3 Class C scenarios is probably needed but it was also
4 recognized that probably the industry would not find
5 it cost effective to fund it.
6 MR. CLARY: Please try to summarize.
7 Please try to wrap up.
8 MR. HARRINGTON: So the point I'm trying
9 to make with that is that all of that came forward
10 into this cycle and was all considered by the
11 committee in its deliberations and resulted in the
12 ROC that you have before you. And I'll just leave it
13 at that.
14 MR. CLARY: Thank you, and microphone
15 number 3 please.
16 MS. ADRIAN: Thank you, Mr. Chairman. My
17 name is Katherine Adrian. I'm an engineered systems
18 product manager responsible for CO2, halocarbon, and
19 inert gas fire suppression systems.
20 I'm here today representing Tyco
21 International, a company which provides a wide range
22 of fire protection products and services.
23 We are here in support of the certified
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1 amending motion to make the existing language stated
2 in the 2008 edition of NFPA 2001 paragraph 5.4.2.5.
3 The proposal to amend the design
4 concentration for Class C hazards lacks
5 justification.
6 A change of this magnitude requires
7 scientific test data which at this time has not been
8 presented.
9 In fact, the only data that has been
10 presented to date shows successful extinguishment of
11 Class C hazards with no reported failures.
12 In addition, the proposal includes
13 criteria that are not well defined, allowing for
14 different interpretations of the standard.
15 It is impractical to require testing on
16 every installation where the proposed criteria cannot
17 be met without an agreed-upon test protocol.
18 In closing, Tyco is supporting the
19 Certified Amending Motion based on the absence of
20 scientific data and agreed-upon test protocol which
21 we believe will compromise the integrity of the
22 standard.
23 MR. CLARY: Thank you. And microphone
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1 number 2.
2 MR. DiNENNO: This is Phil DiNenno with
3 Hughes Associates speaking in opposition to the
4 motion, sort of following up a bit on the chairman's
5 remarks about how the committee got where it got.
6 The committee's position three years ago
7 was to go to a concentration that was in
8 approximately a safety factor of 1.6 over the minimum
9 extinguishing concentration.
10 And if you look at the Research
11 Foundation data, the extinguishing concentration for
12 fuels that are externally heated or with energy added
13 sort of levels off at what number? 1.6, 1.7, two
14 times that minimum concentration.
15 If you think back about what
16 concentration we used on these applications for --
17 with CO2 and with Halon, the ratio is about 1.6 to
18 1.7 times.
19 We are not proposing anything so
20 draconian in this particular version of the standard.
21 We are at an analogous concentration increase of
22 about 1.05 to 1.1.
23 So the committee worked very hard to try
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1 to find a compromise position which would fit most of
2 the needs of the user community.
3 Relative to the comment that those
4 requirements or those criteria are too complicated to
5 enforce, I would only add that those criteria have
6 been in the ISO documents for I think about 15 years
7 now.
8 So clearly the fire equipment
9 distributors and installers who are installing
10 nominally the same hardware and nominally the same
11 gasses in Europe and throughout the rest of the world
12 have not hit a wall with enforcing or interpreting
13 these requirements.
14 We also know that if this proposal is
15 accepted, we'll go to a situation where we're using
16 concentrations of gasses that will not put out --
17 based on published information, some information
18 which is currently in 2001, will not put out
19 relatively simple energized electrical fires
20 involving single small cables. So this is a very
21 nominal set of changes.
22 We heard in 2007 the same calls by the
23 industry for -- looking for solutions looking for
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1 improvements, perhaps even recognizing the potential
2 for an issue.
3 Effectively they have added or
4 contributed nothing to that debate and now we're
5 asked to roll back the clock because the criteria
6 aren't -- they don't particularly agree with the
7 criteria that the committee put together.
8 So, in closing, we know that if we accept
9 this motion we'll have electrical energized fire
10 scenarios that we can't put out.
11 We know from a theoretical and a small-
12 scale test basis that the concentrations we're using
13 now aren't acceptable.
14 We have that well-documented in a
15 National Fire -- or a Fire Protection Research
16 Foundation record report on the subject.
17 So I think the committee was well within
18 its technical basis and technical grounds to make
19 this very nominal and modest change. So I urge you
20 to vote against this motion and support the committee
21 in this action. Thank you.
22 MR. CLARY: Thank you. Microphone number
23 1 please.
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1
2 MR. RIVERS: Thank you, Mr. Chairman.
3 Again, this is -- my name is Paul Rivers. I'm an
4 application development fire protection engineer at
5 3M Company and I'm a principal in the NFPA 2001
6 Committee -- I'm not speaking on behalf of the
7 committee -- and the manufacturer of a clean agent in
8 the standard.
9 I rise to support of the NITMAM due to
10 the following two claims made by the committee: In
11 the committee action changing Section 5.4.2.5 and
12 associated paragraphs, the annexed material claims
13 that the new Class C design values using a 1.35
14 safety factor are, quote, also based on the results
15 of extinguishment tests involving energized
16 electrical equipment. That is a false statement.
17 The committee's statement uses the
18 rationale for the acceptance of this proposal claims
19 the comment, quote, is consistent with laboratory
20 tests on energized equipment. That is a false
21 statement.
22 No specific fire data underpins the new
23 table -- new data in the table of design
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1 concentrations. I know because many of the research
2 papers generating fire data used as rationale for
3 these two false claims are based on papers that were
4 coauthored by me.
5 Further, a recent paper written by NIST,
6 referenced here earlier and funded through the Fire
7 Protection Research Foundation, includes specific
8 data referred to in committee claiming extinguishment
9 data based on radiant heat flux rates as a rationale
10 for higher concentrations. It's excellent data.
11 But these data have no relation to the
12 new table of design concentrations. I know because
13 3M generated and published that data along with NIST
14 back in the 1990's.
15 Using radiant heat flux rate as rationale
16 for higher concentrations is valid, but only if
17 applied correctly.
18 These data of heat flux rates that were
19 used to justify the increased concentrations are in
20 the range of 10 to 60 kilowatts per meter squared,
21 while the real heat flux rates in data centers and
22 telecommunications facilities are an order of
23 magnitude less, in the 1 to 4 kilowatt per meter
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1 squared range.
2 We need agent performance data at those
3 lower heat flux rates on which to correctly base
4 Class C design, and to that end 3M is committed to
5 doing and plans to do the following:
6 Currently we are conducting multiple
7 agent performance testings in our laboratories at the
8 appropriate lower heat flux rates to publish within
9 the next year.
10 We are confirming with experts in the
11 data center and telecommunications industries, such
12 as those on NFPA 75 and 76, the validity of such heat
13 flux rates in end use.
14 We plan to work with NIST as proposed
15 to provide independent validation of agent
16 performance at the proper lower heat flux rates
17 similar to the way we did back in the 90's.
18 And we will submit a proposal to NFPA
19 2001 Technical Committee in the next cycle for Class
20 C design concentrations based on real data.
21 I ask the membership to join me in
22 support of this NITMAM proposal and to send this
23 issue back to the committee to remove the baseless
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1 design criteria from the standard as submitted and
2 replace it with design values based on relevant
3 independently reviewed data. Thank you,
4 Mr. Chairman.
5 MR. CLARY: Okay. Thank you. Microphone
6 number 3 please.
7 MR. STILWELL: Yes. This is Brad
8 Stilwell with Fike Corporation and I support the
9 motion with a little bit of an asterisk and I'll
10 explain myself here.
11 Class C fires -- and the other presenters
12 are correct -- there is a lot of data and the NFPA
13 Research Foundation did a study that shows when you
14 augment fires electrically, more agent is required.
15 And what my plans would be is if this
16 motion is successful -- the reason why I'm saying is
17 successful is I would follow up with an amending
18 motion to include the table that is called out in the
19 standard right now, and I would make a motion -- if
20 you want to look at 2001-17 Log 10, which basically
21 what that does is it sets the concentrations for
22 Class C fires at what's currently proposed in the
23 standard.
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1 But what it does, it helps the end user,
2 the end user, the ANE, as far as making it more clear
3 about what design concentration you should use.
4 When systems are installed in data
5 centers, generally the room is empty, they don't know
6 how much cable's going to be in the cable trays, they
7 don't know the diameter of the cables.
8 And I also believe that a lot of these
9 criteria don't necessarily -- there really is no
10 technical background that says because the cable is
11 four inches we need to use more.
12 So I believe we should just have a table
13 that says, These are the concentrations that we need
14 to use, and use them. Thank you so much.
15 MR. CLARY: Thank you. Microphone number
16 5, please.
17 MR. WYSOCKI: Thomas Wysocki, Guardian
18 Services, Incorporated, a member of the NFPA 2001
19 Technical Committee, speaking in favor of the motion
20 with the same caveat as Mr. Stilwell just put forth.
21 The NFPA Technical Committee in good
22 faith tried to put together a set of criteria which
23 would make these design concentrations readily usable
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1 in the most common Class C type hazards. In
2 retrospect I think we missed the mark a bit.
3 For example, the restriction on equipment
4 power to 5 kilowatts is really not technically
5 correct. We should have been looking at energy flux
6 kilowatts per square meter. That's just one example
7 of how we missed the mark a bit on this.
8 Nonetheless, what is in the ROC is much
9 better than what is in the 2008 version where we
10 basically say Class C equals the minimum of Class A.
11 Now, only because Mr. Stilwell has
12 indicated his intent to make a follow-up motion to
13 move his ROC proposal, I am asking this group to vote
14 for the NITMAM in order to enable what I think would
15 be a very good, very good, move for this standard to
16 make a definitive statement on the concentrations for
17 energized electrical equipment within a certain class
18 of equipment and to allow this to be readily used by
19 the people that install these clean agent systems in
20 the most common hazards; data centers and
21 telecommunication facilities.
22 So it's maybe a little bit convoluted
23 saying, Support this NITMAM so that we can go on to a
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1 follow-up motion, but that is what I am asking this
2 group to do. Thank you.
3 MR. CLARY: Thank you. And microphone
4 number 2.
5 DR. LINTERIS: Greg Linteris, NIST,
6 member of the 2001 Committee and speaking on behalf
7 of myself, I sort of don't know where --
8 MR. CLARY: And you are --
9 DR. LINTERIS: I don't know.
10 MR. CLARY: Against?
11 DR. LINTERIS: Against. I guess I'm
12 against here because that's the sign I'm at. But
13 here's what's going on.
14 So I did this study for the NFPA Research
15 Foundation, and we didn't do any new research. I
16 just looked at what was out there in the literature
17 and -- but since -- My two areas of research at NIST
18 are fire suppression and materials flammability so
19 this project fit very well.
20 There certainly is technical
21 justification for requiring more agent. Imagine a
22 night light -- Do you remember the old style night
23 lights that we used to have when we were younger?
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1 The little round things that would heat up a little
2 bit, they're 6 watts or something like that.
3 A night light like that, if it's leaning
4 against a material, can double the amount of clean
5 agent that you need to put the fire out. It doesn't
6 take much heat flux to increase by a factor of two
7 the amount of agent you need.
8 So when you think about it in equipment
9 -- in a data center, we're not talking about the
10 nominally operating equipment that has some heat
11 generation. We're talking about a failed piece of
12 equipment. That's why we have a backup system.
13 And it's pretty easy to envision a
14 situation where you have heat fluxes on the order of
15 a night light when something is going wrong.
16 Now, as far as technical justification, I
17 looked at all the studies that people had done where
18 they tried to simulate failing equipment and then
19 figure out how much agent you needed to put out those
20 fires.
21 And when people did that, I found heat
22 flux is much, much higher than this six watts per
23 square centimeter.
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1 So there's definitely -- Based on all the
2 studies that people did -- and many of these people
3 are included among the speakers -- based on the tests
4 that they did to try to simulate failing equipment,
5 you expect much higher levels of heat flux. So we're
6 well into this regime where you need twice as much
7 agent.
8 So I think that what we're trying to do
9 here is remedy a situation where the old standard is
10 not requiring enough agent or trying to increase the
11 amount that we need because, for situations where
12 you're adding energy, it makes a tremendously big
13 difference.
14 How best to do it; reject this or accept
15 it and then go with Brad's thing, I'm not sure, but
16 I'm against at this point. Thank you.
17 MR. CLARY: And at that, Mr. Harrington.
18 MR. HARRINGTON: Okay. Again, I think
19 that the group here has heard the for and against
20 arguments that the committee heard and the committee
21 took action to find a compromise but still require
22 additional agent for Class C fires. And I'll leave
23 it to you.
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1 MR. CLARY: Thank you. And seeing no one
2 else at the mikes we're going to be proceeding in the
3 vote on Motion 2001-2 which is to return a portion of
4 the report in the form of Proposal 2001-26 and
5 related Comment 2001-17.
6 So all in favor of the motion please
7 signify by raising your hands. Thank you. All
8 opposed? I suspect -- No. We're going to go to the
9 electronic vote.
10 So by using your voting devices -- You
11 must have a red badge with the word Member on top to
12 be voting. I remind you either vote 1 in favor of
13 the motion to accept or, 2, opposed to the motion, to
14 reject.
15 And again, the motion on the floor is to
16 return a portion of a report in the form of Proposal
17 2001-26 and related Comment 2001-17.
18 At this time please record your votes.
19 Five seconds. And the balloting is now closed. I
20 thought it was close. And the motion passes.
21 And since this is the last item on the
22 docket for this one, at this time is there any
23 follow-up motions?
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1 MR. STILWELL: Yes, sir.
2 MR. CLARY: Microphone number 3 please.
3 MR. STILWELL: This is Brad Stilwell with
4 Fike Corporation and I would like to make a motion to
5 accept the original comment from the ROC, 2001-17,
6 Log 10. If you'd like I can read that comment or --
7 MR. CLARY: No. Hold on for a second,
8 but thank you. I have it now. Can you please --
9 First of all, according to our rules I'll need two
10 seconds.
11 FROM THE FLOOR: Second.
12 FROM THE FLOOR: Second.
13 MR. CLARY: Okay. We have the two
14 seconds. Would you please now explain the relevance
15 of your follow-up motion and how it relates to the
16 actions that we've already taken on the floor.
17 MR. STILWELL: Very good. The NITMAM
18 that was just voted on was actually derived from my
19 initial comment.
20 My initial comment was, The minimum
21 design concentration for Class C hazards shall be
22 extinguishing concentrations times a safety factor of
23 1.3.
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1 The justification for that was a lot of
2 the fire research that has been given, not all of it,
3 but a lot of it's that's been given about the fires
4 being extinguished in the field is based on the
5 concentration times a safety factor of 1.3.
6 The one caveat that I have in my initial
7 comment was the minimum design concentrations for
8 spaces containing energized electrical hazard supply
9 greater than 480 volts which remains powered during
10 and after agent discharge shall be determined by
11 testing as necessary and a hazard analysis.
12 So my initial proposal was, yes, we
13 should indeed follow that table that we just
14 discussed but we shouldn't have all of those other
15 issues around it; the cable bundles and cable trays.
16 So it was more of a simple thing for the
17 users of the standard to say, Okay, I have a Class C
18 hazard, I should use this design concentration.
19 MR. CLARY: So do I understand the
20 follow-up motion to be that you are moving then to
21 accept Comment 2001-17 and its related -- in its
22 original form?
23 MR. STILWELL: Yes, sir.
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1 MR. CLARY: As the presiding officer I'll
2 accept that follow-up motion. So at this time,
3 Mr. Harrington?
4 MR. HARRINGTON: What the committee did
5 was took that comment and essentially took the basis
6 of 1.35 safety factor and created a table that showed
7 the resulting concentrations that could be used, and
8 then added some caveats, some restrictions and
9 conditions.
10 Going back to the comment will eliminate
11 those -- all but one, I think, of those restrictions,
12 at least the restriction that if you have a hazard
13 and voltage exceeding 480 volts, you have to do a
14 special test in order to determine the design
15 concentration. Otherwise you use 1.35 times the MEC.
16 And I just wanted to clarify, you know,
17 what's different. And essentially the committee
18 consensus is that an increase in the design
19 concentration through an increased safety factor is
20 needed for Class C and this would accomplish that.
21 MR. CLARY: Thank you. And for those out
22 there, this is the follow-up. Again, we're talking
23 in regards to the original language of Comment
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1 2001-17, Log 10, which is found on page 2001-6
2 through -7, the Report of Comments fall of 2010.
3 Microphone number 5.
4 MR. WYSOCKI: Thomas Wysocki, Guardian
5 Services, members of the NFPA 2001 Technical
6 Committee, and also the Task Group chair that worked
7 on this particular Class C issue in committee.
8 I speak in favor of Mr. Stilwell's
9 motion. I'd like the group to consider the result of
10 passing Mr. Stilwell's motion versus rejecting his
11 motion.
12 Let's first look at rejecting. If we
13 should reject his motion, the NFPA 2001 standard will
14 effectively return to the language which says Class C
15 design concentrations shall be minimum equal to Class
16 A design concentrations.
17 Doctor Linteris has already spoken to the
18 fact that energy-augmented fires do require more
19 agent than fires that are not subjected to external
20 energy flux. That fact in itself makes it incorrect
21 for us to go back to the current 2008 verbage.
22 What Mr. Stilwell has proposed is
23 essentially to have those values in the table that
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1 you saw in the ROC, but to take away the truly
2 difficult -- if we want to be charitable towards it,
3 they're very difficult to enforce. They're probably
4 more like unenforceable criteria.
5 They don't have really strong technical
6 substantiation and, as I said earlier, the 5 kilowatt
7 limit on electrical equipment is not a valid limit.
8 As Doctor Linteris pointed out, you could
9 have a 15 watt bulb that could subject a fire to a
10 heat flux that would require additional
11 concentrations.
12 And likewise, we could have a 100
13 kilowatt air handling unit within a room that would
14 have zero effect on a fire in a piece of electrical
15 data processing equipment.
16 So that's not a good criteria that we
17 have in there. I apologize for that but it's not.
18 What Mr. Stilwell has proposed will give us the
19 concentrations that will account for a reasonable
20 amount of energy flux that might be expected in
21 places like data processing centers,
22 telecommunications facilities, going -- the present
23 forward.
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1 And one of the other items that we need
2 to consider is that the energy densities and the heat
3 that's in current data processing centers is quite a
4 bit more than what it has been over the last 20
5 years, and it's still increasing.
6 So with those things in mind, this would
7 be an excellent, excellent step for this group to
8 take and help out the NFPA 2001 Technical Committee
9 put forth a document which will be very useful and
10 technically as good as we can get it at the present
11 time given our level of knowledge.
12 So I strongly urge that you vote in favor
13 of Mr. Stilwell's motion. Thank you, Mr. Chairman.
14 MR. CLARY: Thank you. And everyone kind
15 of be ready at the microphones they want to go to.
16 Microphone number 5, please.
17 DR. LINTERIS: Greg Linteris, NIST, 2001
18 committee member speaking on behalf of myself. I
19 agree with what Tom said.
20 I think this is definitely a big
21 improvement and a step in the right direction and I
22 think that Brad has really proposed a good solution
23 here and I'm in favor of it.
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1 MR. CLARY: Thank you. And microphone
2 number 4.
3 MR. RIVERS: My name is Paul Rivers with
4 3M Company and I'm stepping up here in opposition to
5 this proposal which makes me -- it's a little
6 something -- considering that for the last 15 years
7 I've been looking at trying to get this right, I'm
8 not opposed to increasing concentrations but the main
9 thing that I am opposed with is putting in data or
10 putting in values into the standard that are not
11 based on real data.
12 Now, I can understand why you'd want to
13 have that. I know why the installers want to have
14 it. They want to have that guidance in the standard
15 which they haven't had.
16 I think we can do that same thing. If
17 you want to do it via TIA we can do it in a few
18 months after the publication of this document and not
19 have data that is going to go into the standard only
20 to be changed again with new data -- values going
21 into the standards that are going to be changed with
22 new data that we will provide.
23 I don't have a problem doing that but I
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1 would urge the membership here not to vote for this
2 and allow the process to go ahead and get us some
3 real data on which to base values in the standard.
4 Thank you, Mr. Chairman.
5 MR. CLARY: Thank you. Microphone number
6 5.
7 MR. DiNENNO: Phil DiNenno, Hughes
8 Associates, speaking in favor of the motion. I'll
9 echo what the previous two speakers in support of the
10 motion indicated.
11 And I also wanted to address Paul Rivers'
12 point by saying that the data that we're putting in
13 is clearly not perfect.
14 It probably represents the low end of
15 what we might expect for other more severe power
16 scenarios, but the data that's being included, at
17 least for the agents that I've looked at, does
18 represent realistic extinguishment data for some
19 electrically heating scenarios.
20 So while it might not be perfect and it
21 might not be representative of all electrical heating
22 scenarios for all agents, it's much better than what
23 we have now.
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1 So I would urge you to vote for this
2 follow-up motion. Thank you.
3 MR. CLARY: Thank you. Mr. Harrington,
4 any final comments?
5 MR. HARRINGTON: I have none.
6 MR. CLARY: Okay. At that we're moving
7 to the motion which is on the floor which again is to
8 accept the original comment submission, 2001-17, Log
9 10.
10 And at that, all in favor of the motion
11 signify by hands up. Thank you. All opposed, same
12 sign. And the motion passes. At that we conclude
13 with this document. Thank you, Mr. Harrington.
14 The next report under consideration this
15 afternoon is that of the Technical Committee on
16 Structures, Construction and Materials. This is the
17 committee's report.
18 The Technical Committee chair is Peter
19 Willse of Global Asset Protection Services, Hartford,
20 Connecticut.
21 The committee report can be found in the
22 blue 2011 Annual Revision Cycle ROP and ROC with
23 Certified Amending Motions that are contained in the
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1 Motions Committee report and behind me on the screen.
2 We will proceed in the order of the
3 motion numbers presented. Mr. Willse.
4 MR. WILLSE: Thank you, Mr. Chair.
5 Mr. Chair, ladies and gentlemen, the report of the
6 Technical Committee on Structures, Construction and
7 Materials is presented for adoption and can be found
8 in the Report on Proposals and the Report on Comments
9 for the 2011 Annual Meeting Revision Cycle.
10 The Technical Committee has published a
11 report consisting of a partial revision of NFPA 703,
12 standard for their fire retardant-treated wood and
13 fire retardant coatings for building materials.
14 The report was submitted to letter ballot
15 of the Technical Committee that consists of 16 voting
16 members.
17 The ballot results can be found on pages
18 703-1 to 703-3 of the Report on Proposals and on
19 pages 703-1 to 703-2 on the Report on Comments. The
20 presiding officer will now proceed with the Certified
21 Amending Motions.
22 MR. CLARY: Thank you, Mr. Willse. We'll
23 proceed to Motion Sequence 703-1 and microphone
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1 number 5.
2 DR. HIRSCHLER: Thank you, Mr. Chairman
3 Marcelo Hirschler, GBH International speaking on
4 behalf of NAFRA and I move to accept Comment 703-3.
5 MR. CLARY: Do we have a second?
6 FROM THE FLOOR: Second.
7 MR. CLARY: We do have a second. Please
8 proceed.
9 DR. HIRSCHLER: Thank you, Mr. Chairman.
10 The changes that were proposed to be made to this
11 definition are proprietary changes.
12 What is being proposed is that the words
13 "or other means during manufacture" of making fire
14 retardant-treated wood be taken out.
15 This document and all of NFPA's codes and
16 standards are performance documents where certain
17 performance is required.
18 We don't normally -- We don't ever tell
19 people how to make what you want to make. You make a
20 particular product. Then you go and run the test or
21 whatever performance is required and see if you pass
22 or not pass.
23 This is unique in which it is being --
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1 the user of the standard is being told how this
2 product has to be made, not how it performs.
3 There are manufacturers who are making
4 products that are not being made by the pressure
5 process and yet comply with the requirements, the
6 requirements being ASTM E84, extended for 30 minutes
7 with a listed flame spread index of 25 or less, no
8 evidence of significant combustion, no flame
9 progressing more than 10.5 feet beyond the center
10 line of burners at any time during the test. I'm
11 just reading from here.
12 The point is that it is being done by
13 manufacturers without going through the pressure --
14 through the pressure process.
15 And so suddenly those products will no
16 longer be valid because the manufacturing process
17 they chose is different from the manufacturing
18 process chosen by the proponent of this definition.
19 That's just not acceptable.
20 And I want to make something very, very
21 clear because it was suggested that I'm dealing with
22 manufacturers who make coated product.
23 They may make coated products, but they
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1 also make fire retardant-treated wood by
2 manufacturing process that are not the pressure
3 process.
4 Please support my motion and don't allow
5 something that is a propriety issue to come into the
6 standard. Thank you.
7 Just want to point out one more thing.
8 You're going to hear this discussion here, in 101 and
9 in 5000, because the same change of definition has
10 been put in all three.
11 Unfortunately we do not have the
12 definitions being extracted so -- they're all
13 independently the same so we're going to hear the
14 same thing three times. Sorry about that. But
15 please support this motion. Thank you.
16 MR. CLARY: Thank you. Mr. Willse, do
17 you have a committee perspective?
18 MR. WILLSE: Yes. I'll respond. Doctor
19 Hirschler is correct in the fact that we're going to
20 be hearing this again. We're going to be hearing it
21 under the NFPA 101-1 and 101-2 as well as the 5000-5
22 and 5000-6 comments that will come up.
23 The committee had received a public
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1 proposal that was submitted in. A gentleman from --
2 who was a manufacturer of the wood products wrote the
3 proposal, said that as far as he knew there was only
4 pressure-treated that was being used, there were no
5 other proprietary systems. Therefore we could turn
6 around and eliminate that part.
7 MR. CLARY: Thank you. Microphone number
8 1.
9 MR. BEITEL: Thank you. Jesse Beitel,
10 Hughes Associates, speaking for myself on this issue.
11 I am a member of the committee, I'm speaking for the
12 committee. What we wound up changing --
13 MR. CLARY: Are you speaking for or
14 against?
15 MR. BEITEL: I apologize. I'm speaking
16 for the motion on the floor. The committee basically
17 modified -- and you can see -- If you look at
18 Proposal 703-5 on page 703-2, you will see the
19 rewording that was done by the committee for the
20 definition of fire retardant-treated wood.
21 And basically while we moved a few --
22 added some words, we basically stripped out the words
23 "or other means during manufacture." And at that
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1 point it sounded like a good idea.
2 Later on -- and in fact, even in my
3 letter ballot to that proposal, I realized that we
4 did that -- there are other issues and there are
5 other products which could potentially be used which
6 are not made the way that the committee rewrote the
7 proposal but could still pass the test and still
8 potentially be used as a fire retardant-treated wood
9 product.
10 So, for example, right now fire
11 retardant-treated wood is basically the wood and then
12 it is put into vats, pressure-treated. The chemicals
13 are forced by the pressure into the wood.
14 It comes out. We have fire
15 retardant-treated wood which will meet the
16 requirements of the 30-minute E-84 test.
17 If I have a product -- and I know of some
18 products that are like this -- where the manufacturer
19 may take layers of, for example, paper and basically
20 treat those layers with some type of resin material
21 which may have a fire-retardant component in it.
22 Then you take those layers and you put
23 them together. Then you actually then compress those
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1 layers and create a product. Now that product, which
2 could also meet the 30-minute E-84 test, would now
3 not meet the definition of FRTW wood because it's not
4 necessarily impregnated into the product.
5 The components are treated and then the
6 product is formed. That's a big difference, and so
7 therefore those products would not be allowed.
8 So we have a problem with this. I think
9 that we need to go back to the standard definition.
10 We have some concerns.
11 And especially as some of these newer
12 products come onto the marketplace in the next
13 several years, we don't want to try to keep them out
14 because we wound up making a definition or a change
15 in the definition which is very proprietary for
16 existing products and may affect future products.
17 So I would ask that the assembly support
18 the motion on the floor. Thank you very much.
19 MR. CLARY: Thank you. Microphone number
20 4 please.
21 MR. OWEN: Thank you, Mr. Chairman my
22 name is Kris Owen. I represent Arch Wood Protection.
23 I support the motion on the floor.
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1 Our company has been in the fire
2 retardant wood industry for over 60 years. As a
3 company whose history and ongoing business is based
4 on sound science, research and fire testing, leading
5 to successful wood treatment for safe and code-
6 conforming wood products, we ask that you support
7 this motion to ensure the phrase "or other means
8 during manufacture" be maintained in the standard.
9 For over 15 years, expending thousands of
10 dollars, working with a number of companies, we
11 continue to work toward introducing fire retardant
12 chemistries added during manufacture -- in the USB
13 industry, for example -- to give fire-retardant
14 properties to that product.
15 We continue this effort today to give
16 engineered wood composites such as OSB the fire
17 safety the code requires.
18 Defeat of this proposal today would set
19 our efforts and the work of other companies back
20 considerably, restrict the opportunity to develop the
21 science, and halt the opportunity of a significant
22 move forward in fire safety and engineered wood
23 composite products used in lightweight construction.
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1 We urge you to support the motion and thank you.
2 MR. CLARY: Thank you. Microphone number
3 6, please.
4
5 MR. VERSTEEG: Good afternoon,
6 Mr. Chairman. Joe Versteeg representing myself. I'm
7 a voting member of NFPA 703 Committee as well as
8 chair of NFPA 5000 Building, Construction. I speak
9 against the motion.
10 If the motion were accepted, we would
11 revert back to the text in the code as previously
12 written and you would lose the verbage requiring the
13 product to be labeled or listed.
14 MR. CLARY: Thank you. Microphone number
15 2.
16 MR. BOUCHER: Thank you, Chair. David
17 Boucher, Hoover Treated Wood Products and I'm
18 speaking against the proposal.
19 I wanted to point out that fire
20 retardant-treated wood is treated in a pressure
21 impregnation process. That process is not
22 proprietary. I think that's being confused.
23 Hundreds of treaters in the United States
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1 use the same process and use multiple chemical
2 company manufacturers' treatments in their process.
3 It's not a proprietary process and I urge you all to
4 reject this proposal. Thank you.
5 MR. CLARY: Thank you. Microphone number
6 1.
7 MS. NEWMAN: Good afternoon. My name is
8 Kathleen Newman. I'm with FireTect flame retardant
9 manufacturing and application in California. I'm in
10 favor of the NITMAM. I'm also a member of the
11 Technical Committee as well.
12 The Standards Council's responsible for
13 ensuring that the rules have been followed and that
14 the due process and fairness has been upheld.
15 I do not believe that due process and
16 fairness has been achieved in this case. The code
17 should not state specific processes but it should
18 include performance-based standards.
19 As long as there are other methods of
20 achieving the same exact goal, no industry or process
21 should be excluded. The deletion of "or other means"
22 will limit any other process from being used to
23 achieve the requirement for NFPA 703.
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1 It is important to include the existing
2 word of "or other means" so it does not limit the
3 options for builders and authorities having
4 jurisdiction when complying with NFPA 703.
5 Many companies have invested time and
6 money into research and development to achieve the
7 ASTM extended E-84, 30-minute test.
8 These tests were done by the same
9 accredited labs and are listed by the same accredited
10 agencies that are used by the pressure-treated or
11 impregnated wood industry.
12 The removal of "or other means" is a
13 direct attempt to limit options for fire safety to
14 comply with the NFPA 703 standard for fire
15 retardant-treated wood and fire retardant coatings
16 for the building materials.
17 It is important to leave "or other means"
18 in the terminology because there are other
19 technologies that include absorbance impregnated
20 treatments that still meet the standards.
21 So for these reasons I urge the NFPA
22 voters today to vote to reinstate the words as it is
23 currently written and include "or other means" and
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1 support the NITMAM. Thank you.
2 MR. CLARY: Thank you. Microphone number
3 2.
4 MR. HOLLAND: Joe Holland, Hoover Treated
5 Wood Products. In the testimony where they're
6 supporting --
7 MR. CLARY: Are you for or
8 against?
9 MR. HOLLAND: I am against the motion.
10 In the previous testimony you heard could, should,
11 may. Working 15 years -- and I've been in this
12 industry for 30 and it hasn't happened.
13 When we submitted the change we did
14 submit proposals and comments that had different
15 approaches besides eliminating the words "or other
16 means during manufacture."
17 The committee chose overwhelmingly to
18 eliminate the words "or other means during
19 manufacture" as opposed to the other methods that we
20 were approaching in order to eliminate the abuse.
21 And that's really what we're talking
22 about here is abuse. You heard the previous speaker
23 talk about or other means, or other means, or other
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1 means.
2 Not once did you hear "or other means
3 during manufacture" and that's where the abuse is
4 coming in.
5 There are materials out there that are
6 pretending to be fire retardant-treated wood that are
7 produced by "or other means" which the section is not
8 intended to cover.
9 The section is only intended to cover "or
10 other means during manufacture." That's where the
11 abuse is coming in.
12 Like I said, we presented different
13 options. This is the option that the committee
14 overwhelmingly chose to select.
15 When you're looking at the agenda, I
16 really don't understand why they're doing what
17 they're doing here, saying, you know, If you do what
18 I want you to do you're going to go back to this
19 language that's being shown in the agenda.
20 That's already been accepted by the
21 committee. So you haven't done anything as far as
22 changing what was done by the committee except
23 eliminating another section that was overwhelmingly
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1 approved not only by the TC but also the Technical
2 Correlating Committee also recommended approval on
3 this as well, and that's one of the things you're
4 going to hear later on.
5 The proprietary is a red herring.
6 Pressure treating wood's been around for over a
7 hundred years.
8 We are trying to eliminate the abuse.
9 Not once did I hear any of the previous speakers who
10 were supporting the motion saying, I've got a product
11 out there that is done by "or other means during
12 manufacture." Not once did you hear that.
13 What you had heard was may, could,
14 should. When that day happens, I will gladly support
15 doing something in order to recognize that product.
16 But right now that section is being
17 abused. We're getting stuff out there that's got
18 paint applied on one side. We've got all this
19 untreated wood on all the other sides and they're
20 trying to say, I'm fire retardant-treated wood.
21 I know of no product in the United States
22 that has a listing for the 30-minute extended test
23 that's required by that section, but yet they're out
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1 there pushing this product saying, Oh, we're fire
2 retardant-treated wood. We would urge you to not
3 support the NITMAM.
4 MR. CLARY: Thank you. Microphone number
5 5.
6 DR. HIRSCHLER: Marcelo Hirschler, GBH
7 International, for NAFRA and in support. I just want
8 to point out -- You heard Joe Holland talk about no
9 one has this, if they ever come.
10 Well, at least one of the speakers said
11 they have a product like that. One of the speakers
12 said, We're imminently ready to have a product like
13 this.
14 But the point is is the code the place to
15 say, If you develop something, we're not going to
16 allow you to use it because you didn't manufacture it
17 the way we manufacture it?
18 Joe Holland talks about the cheating,
19 talks about the coating. I told you from the
20 beginning anything that meets this definition cannot
21 be fire retardant-coated wood. It cannot be a coated
22 product.
23 Coated products won't meet this. Coated
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1 products are not acceptable in the same way that fire
2 retardant-treated wood is acceptable.
3 I am not here supporting coated products
4 on this issue. I do think coated products have a
5 place in the market and there's some areas where they
6 should be used.
7 But here, all this is doing, all this
8 change in the definition is doing, is saying, We
9 cannot accept progress, we cannot accept any other
10 way of making something. Only my way or the highway.
11 My way is the only way I can accept.
12 This is not the way we write code. This
13 is not the way we write standards here. We allow
14 people to come onto the market with whatever way they
15 make the stuff as long as it meets the requirements.
16 And the requirements are that you meet --
17 you have to meet the test with a product that's
18 impregnated, so the product has to go all the way
19 through -- sorry -- not all the way through. It has
20 to go through. Not just painted.
21 A painted product, a coated product, is
22 not fire retardant-treated wood. But fire
23 retardant-treated wood does not have to be made by a
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1 pressure-treated process.
2 Another point that was made before is
3 that if this definition that is proposed by the
4 NITMAM is accepted, it doesn't talk about listed or
5 labeled.
6 Why does it necessarily have to be listed
7 and labeled in the definition? That's just a little
8 bit more money for the listing organization.
9 I'm all in favor of listing and, in fact,
10 the definition does talk about listed flame spread,
11 but the entire product?
12 I mean, I agree, and Section 4.5 of 703
13 already tells you that fire retardant-treated wood
14 used in 703 shall be listed and labeled, but it
15 doesn't have to be in the definition. That's another
16 point. Thank you.
17 MR. CLARY: Thank you. Microphone number
18 1 please.
19
20 MR. MILLER: Thank you. My name is Tim
21 Miller with Flame Control Coatings and I support the
22 motion. And at the point of being redundant, it
23 shouldn't be about a process. It should be about
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1 having other means to satisfy the test, and if you
2 pass the test requirements, I don't know how you can
3 be considered a cheater.
4 So it's about making the tests speak for
5 themselves and if you have something that passes the
6 required test, your product should be allowed even if
7 it doesn't meet one word or one process. Thank you.
8 MR. CLARY: Thank you. Microphone number
9 2.
10
11 MR. HOLLAND: Joe Holland, Hoover Treated
12 Wood Products, again speaking against the motion.
13 Again, we've just heard "or other means." They're
14 conveniently forgetting "during manufacture," and
15 that's where the abuse is coming in.
16 Now, the previous speaker also said he's
17 not talking about coating, but I'm telling you,
18 that's what this is about. It is about coatings.
19 We wouldn't be up here if it wasn't for
20 the abuse. And they're saying, Well, we don't tell
21 you how to do stuff. That is a red herring. That is
22 not true.
23 If I had the time, I could go through the
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1 code and I could show you many, many, many, many
2 instances where we tell you how to do something and
3 what you need to do in order to do it. So that's
4 absolutely incorrect.
5 We urge you to support the committee.
6 They overwhelmingly went in this direction rather
7 than some of the other options that we presented to
8 them. Thank you.
9 MR. CLARY: Thank you. Microphone number
10 6.
11
12 MR. VERSTEEG: Joe Versteeg representing
13 myself, member of the NFPA 703 Technical Committee.
14 To the issue of listed and labeled --
15 MR. CLARY: And are you speaking for or
16 against?
17
18 MR. VERSTEEG: I'm sorry. I'm against
19 the motion. Speaking to the issue of listed and
20 labeled again, the reference was brought up that the
21 current text has the phrase "has a listed flame
22 spread index of 25 or less," comma, "and shows no
23 evidence." There's no requirement for listing or
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1 labeling of the second part of that test.
2 So listing and labeling in the beginning
3 covers everything within the criteria. Thank you.
4 MR. CLARY: Thank you. Microphone number
5 1, please.
6 MS. NEWMAN: Hi. Kathleen Newman,
7 FireTect. I am for the NITMAM. And I just want
8 to say that anything that is done to the wood
9 after it's cut down from being a tree, no matter what
10 it is, is part of a manufacturing process. Thank
11 you.
12 MR. CLARY: And number 5. I don't care
13 which one, but one of you.
14 DR. HIRSCHLER: Marcelo Hirschler, GBH
15 International for NAFRA and in support of the motion.
16 I want to point out a couple things.
17 First of all, the definition proposed
18 does include the words, "or other means during
19 manufacture." I'll repeat: "During manufacture"
20 remains in the definition. "During manufacture"
21 remains in the definition. "During manufacture"
22 remains in the definition. I support that the terms
23 "during manufacture" remain in the definition. Okay.
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1 With regard to the issue of listing, 703
2 requires fire retardant-treated wood to be listed and
3 labeled. I support that. That is very important.
4 So please support the NITMAM. Thank you.
5 MR. CLARY: Number 5. Go ahead.
6 MR. KAMALASANAN: My name is Kutti from
7 Saudi Arabia, working for Saudi Aramco. From 19
8 years I have come later. If any code want to change
9 selected as per the requirement, I have --
10 MR. CLARY: Are you for or against the
11 motion?
12
13 MR. KAMALASANAN: I am in support of the
14 motion.
15 MR. CLARY: Thank you.
16 MR. KAMALASANAN: I have develop 2009
17 subject -- I will now already brought up the subject
18 to NFPA to consider for -- So I like to submit this
19 for an example for everybody to have a look.
20 MR. CLARY: Thank you. No. 3 please.
21 FROM THE FLOOR: Call the question.
22 MR. CLARY: We have call the question.
23 Do we have a second?
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1 FROM THE FLOOR: Second.
2 MR. CLARY: We have numerous seconds.
3 That's non-debatable. So at this time we'll -- The
4 Chair is busy. Okay.
5 Once again, we have a motion to call the
6 question which is non-debatable. All in favor of the
7 motion please signify by rasing your hands. Thank
8 you. All opposed, same sign. The motion carries.
9 At this time we go immediately to the
10 Motion Sequence 703-1 which is to accept Comment
11 703-3.
12 All in favor of the motion please signify
13 by raising your hand. Thank you. All opposed? It's
14 late in the day but you're so spread apart, so for
15 the final time for me up here, I will now call for a
16 vote using electronic voting devices.
17 You must have a red badge with the word
18 Member on the top. 1 is in favor of the motion or 2
19 to oppose the motion and reject.
20 Again, the motion on the floor is to
21 accept Comment 703-3. And at this time please record
22 your vote. Five seconds. And the balloting is now
23 closed. And the motion passes. Any further
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1 discussion on this document? Seeing none, at this
2 time we'll move on to NFPA 101. Thank you,
3 Mr. Willse.
4 MR. WILLSE: Thank you.
5 MR. CLARY: And before we begin the next
6 document it is my extreme pleasure to introduce Dr.
7 James Milke, member of the Standards Council, who
8 will be the presiding officer during the final three
9 documents.
10 DR. MILKE: Thank you, Shane. We'll move
11 right into the next set of documents. As you've
12 heard I'm tasked with leading us through the next
13 three which will be the final three documents.
14 My goal is to work expeditiously so that
15 I can make my plane at 9 tomorrow morning.
16 (Laughter.)
17 The next report under consideration this
18 afternoon is that of the Technical Correlating
19 Committee on Safety to Life.
20 Here to present the committee report is
21 Technical Correlating Committee Chair, William Koffel
22 of Koffel Associates, incorporated Elkridge,
23 Maryland.
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1 The committee report can be found in the
2 blue 2011 Annual Revision Cycle ROP and ROC. Their
3 Certified Amending Motions are contained in the
4 Motions Committee report and behind me on the screen.
5 We will proceed as usual in the order of
6 the motion number presented. Mr. Koffel.
7 MR. KOFFEL: Thank you, Mr. Chair.
8 Ladies and gentlemen, the Safety to Life Technical
9 Correlating Committee is presenting one report for
10 adoption and can be found in the Report on Proposals
11 and the Report on Comments for the 2001 Annual
12 Revision Cycle.
13 The Technical Committee and the Technical
14 Correlating Committee on Safety to Life have
15 published a report consisting of a partial revision
16 of NFPA 101 Life Safety Code.
17 The report was submitted to letter ballot
18 of the Technical Correlating Committee and the
19 Technical Committee.
20 All ballot results can be found on pages
21 101-8 to 101-224 of the Report on Proposals and pages
22 101-8 to 101-161 of the Report on Comments.
23 The presiding officer will now proceed
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1 with the Certified Amending Motions.
2 DR. MILKE: Thank you, Mr. Koffel. In
3 the interest of trying to do something a little more
4 expeditiously, I'd like to propose the following
5 process as we move forward.
6 As you've heard, for a couple of these
7 Certified Amending Motions that come up next, the
8 first one being 101-1, that it's largely the same as
9 what we've just discussed.
10 So if there are no objections what I'd
11 like to propose as Doctor Hirschler provides a short
12 motion, to then only emphasize those items which are
13 different than we've just had.
14 So if there are no objections I'd like to
15 proceed that way and perhaps expedite the process
16 here a little bit. Good. Microphone number 5,
17 please.
18 DR. HIRSCHLER: Thank you, Mr. Chairman.
19 Marcelo Hirschler, GBH International, speaking for
20 NAFRA and I hereby move to accept Comment 101-24.
21 DR. MILKE: There is a motion on the
22 floor to accept Comment 101-24. I did hear a second
23 already. I guess, Doctor Hirschler, a short comment
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1 perhaps.
2 DR. HIRSCHLER: Yes. Very short. This is
3 almost identical before -- The only slight
4 difference, which is why 101-2 is there afterwards,
5 is that the word index is not in here.
6 So if this motion passes, then I will
7 make the subsequent motion which just adds the word
8 index. Other than that, it's the exact same thing
9 that we've discussed for the least 10 or 15 minutes.
10 Thank you.
11 DR. MILKE: Thank you. Mr. Koffel, would
12 you like to offer the committee's position?
13 MR. KOFFEL: Thank you, Mr. Chair. As
14 you can see, in the ROC on Comment 101-24, the action
15 of the TCC was to produce a definition consistent
16 between 101 and 5000.
17 We had no way of really addressing the
18 703 item at that time. However, based upon the
19 previous action we would encourage you to support
20 this comment as well as the next motion so that the
21 definitions in 101 would be the same as 703.
22 DR. MILKE: Microphone number 2.
23
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1 MR. HOLLAND: Joe Holland, Hoover Treated
2 Wood Products.
3 DR. HIRSCHLER: Excuse me, point of
4 order. The screen is wrong. Excuse me. Could you
5 amend that, please?
6 DR. MILKE: And would microphone number
7 2 state whether you're for or against.
8 MR. HOLLAND: Joe Holland, Hoover Treated
9 Wood Products, speaking against the motion. It's
10 unfortunate that the membership did not understand
11 the significance of the previous change, because this
12 was acted on by three separate committees and they
13 all agreed in some fashion that the "ordinary means
14 during manufacture" was a concern and needed to be
15 removed from it.
16 So again, we would ask for you to support
17 our position and not support the NITMAM, to vote
18 against the NITMAM. Thank you.
19 DR. MILKE: Microphone number 5, are you
20 wanting -- No. Any further discussion on Motion
21 101-1 to accept Comment 101-24? Seeing none, we will
22 move to a vote.
23 Before we vote, again, the motion on the
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1 floor is to accept Comment 101-24. All in favor of
2 the motion please raise your hand. All opposed? The
3 motion passes.
4 Let's move on to Motion 101-2, again,
5 with the expeditious mode in mind. Microphone number
6 5, please.
7 DR. HIRSCHLER: Marcelo Hirschler, GBH
8 International, speaking for the North American Flame
9 Retardants Alliance, and I move to accept Comment
10 101-23.
11 DR. MILKE: There is a motion on the
12 floor to accept Comment 101-23. I heard a second.
13 Please proceed with the discussion of the motion.
14 DR. HIRSCHLER: This is identical to the
15 previous one. The only thing it does is correct an
16 editorial change. Add the word index. No other
17 change. Thank you.
18 DR. MILKE: Thank you. Mr. Koffel, the
19 committee's position?
20 MR. KOFFEL: Again, the intent of the
21 Technical Correlating Committee is consistent
22 definition. Accepting this comment and accepting
23 this motion would in fact result in definitions
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1 consistent between 5000, if a subsequent CAM is
2 approved, 101 and 703.
3 DR. MILKE: Thank you, Mr. Koffel. We
4 can now open up debate on this motion. Is there
5 anyone at a mike? Seeing no one we'll move then on
6 to the vote.
7 The motion on the floor here is Motion
8 101-2 to accept Comment 101-23. All in favor of the
9 motion, please indicate by raising your hand. All
10 opposed? The motion passes. Move on to Motion
11 101-3. Microphone 5.
12 MR. CRIMI: Thank you, Mr. Chairman. My
13 name is Tony Crimi, A.C. Consulting, representing the
14 International Firestop Council and I'd like to move
15 acceptance of Comment 101-89.
16 FROM THE FLOOR: Second.
17 DR. MILKE: Thank you. There's a motion
18 on the floor to accept Comment 101-89. I heard a
19 second. Mr. Crimi, would you like to discuss the --
20 MR. CRIMI: Thank you, Mr. Moderator.
21 The purpose of this proposal is to clarify and
22 prevent a misapplication or potential misapplication
23 of the Life Safety Code and the standards in relation
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1 to the determination of fire resistance ratings for
2 building elements.
3 Fire resistance ratings for building
4 elements in the code by definition are determined in
5 accordance with the test standards NFPA 251 or ASTM
6 E119 or UL 263.
7 Those test standards do not have
8 provision for testing assemblies for true fire
9 resistance ratings that incorporate both active and
10 passive means of fire protection.
11 This issue was originally raised by some
12 authorities having jurisdiction who expressed concern
13 about the fact that they were receiving test reports
14 from manufacturers claiming by definition a fire
15 resistance rating for assemblies that incorporated
16 either a water protection system or other form of
17 suppression system in combination with building
18 elements like glazing or columns or, in some cases,
19 walls or doors.
20 What this provision does is clarify that
21 a fire resistance rating by definition cannot
22 incorporate both active and passive elements to
23 achieve the fire resistance ratings, that if you're
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1 going to do that you really need to use the
2 alternative provisions in 104 or the performance
3 provisions in 105.
4 It's important to understand that those
5 test standards have been around in some cases for
6 almost a hundred years, and they just don't make
7 provision for that kind of assembly.
8 The difficulty that you have is that if
9 someone comes in with a test report and claims that
10 it's a fire resistance rating in accordance with the
11 standard, the burden of proof becomes on the AHJ to
12 disprove the fact that that assembly is in fact
13 tested in accordance with that standard, whereas the
14 burden of proof should really be the other way around
15 where the proponent has to indicate why their system
16 may provide equivalent or similar performance.
17 The other thing that it's important to
18 try not to muddle is the fact that in some cases we
19 have different fire resistance ratings for
20 sprinklered buildings than we do for unsprinklered
21 buildings or occupancies or locations.
22 This kind of report or this kind of
23 provision muddies the water by combining these two
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1 things into single sort of submissions.
2 In cases where sprinklers are provided
3 in buildings, there has already been credit for that
4 and the expectation then is that whatever passive
5 fire resistance rating requirements still exist in
6 the code, they are to supplement whatever was --
7 whatever was remaining after we decided to sprinkler
8 the building. So those provisions have already been
9 taken into account.
10 The public comment on this item was
11 originally accepted by the Technical Committee at its
12 meeting but failed to achieve the necessary two-
13 thirds vote during the letter ballot by a single
14 vote. The vote was 13 to 8.
15 So we would urge you to support Comment
16 101-89 and support this motion in order to be able to
17 achieve a clarification of a potential misapplication
18 of the code. Thank you.
19 DR. MILKE: Thank you. Mr. Koffel,
20 would you like to offer the committee's position?
21 MR. KOFFEL: Mr. Chair, I sit on the
22 Technical Committee on Fire Protection Features
23 representing the Glazing Industry Code Committee.
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1 Therefore, to avoid any potential
2 conflict of interest at this time, I am going to step
3 down and I have asked Eric Rosenbaum, chair of the
4 Fire Protection Features Technical Committee, to
5 address the issues on behalf of the Technical
6 Committee and to explain the TCC note.
7 DR. MILKE: Thank you. Mr. Rosenbaum.
8 MR. ROSENBAUM: I'm Eric Rosenbaum,
9 chairman of the Fire Protection Features Committee.
10 I intend to present the committee's opinion.
11 As originally indicated in committee
12 meeting, the committee originally accepted in
13 principle the proposed change.
14 Several concerns were identified and the
15 majority agreement was achieved at the meeting.
16 However, upon balloting a two-thirds affirmative vote
17 was not achieved. Therefore the final action was
18 changed to reject.
19 Rationale for the rejection is provided
20 on page 101-36 and 37 of the ROC. This rationale
21 included compliance with test methods or analytical
22 methods are required already.
23 The change creates possible confusion and
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1 can result in sprinklers not being allowed even with
2 equivalency or performance.
3 Commentary was not felt to be necessary
4 and a similar commentary could be applicable to many
5 other sections in the code.
6 Section 104 equivalency adequately
7 addresses issue and is always available but not
8 highlighted in every case where it is potentially
9 applicable.
10 Code already allows use of Chapter 5 for
11 this and many other issues but code does not
12 highlight every case.
13 Technical basis was not sufficient for
14 change. Change may inhibit the use of equivalencies
15 and similar changes have been submitted in multiple
16 cycles and not passed.
17 DR. MILKE: Thank you, Mr. Rosenbaum.
18 Microphone 3.
19 MR. ZAREMBA: Tom Zaremba, Roetzell and
20 Andress, speaking in support of the motion to accept
21 the comment.
22 As was mentioned several times now, the
23 committee vote was extraordinarily close. It was two
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1 thirds less one vote or 13 to 8. Had it been 14-7,
2 the outcome would have been entirely different.
3 The IBC has recently adopted a very
4 similar provision to this that will become a part of
5 the 2015 International Building Code.
6 And the reason for its adoption was very
7 pragmatic. As everyone here knows, standards, test
8 standards, can be altered by virtue of code
9 provisions.
10 Well, what has happened in this case and
11 that this comment is intended to address, is that
12 there has become a de facto exception to the code in
13 certain circumstances by virtue of the publication of
14 evaluation services reports that basically provide a
15 blanket equivalency between the operation in certain
16 applications of automatic suppression devices with
17 materials that are tested to ASTM E119 and secure
18 fire resistance rating.
19 This particular provision is intended to
20 override essentially that de facto exception that is
21 being utilized in the field with authorities having
22 jurisdiction where the evaluation services reports
23 are being used as, in effect, regardless of the
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1 circumstances or regardless of the specifics of the
2 application, as a de facto exception of the code.
3 This provision, if adopted, is going to
4 restore to the authority having jurisdiction the
5 necessary code provision to enable the authority
6 having jurisdiction to review each individual
7 circumstance individually to determine whether or not
8 there is in fact equivalency between a fire
9 resistance rated product tested to E119 and the use
10 of an automatic suppression device.
11 For example, you could have curtains
12 installed after the fact, after the building goes up,
13 and perhaps those types of applications where the
14 curtain would block the sprinkler from activating and
15 cooling or wetting a specific product during a fire
16 outbreak could be avoided by restoring to the
17 authority having jurisdiction the requisite authority
18 to review the circumstances of each application on a
19 case-by-case basis.
20 And for these reasons I urge you to vote
21 in favor of accepting Comment 101-89. Thank you.
22 DR. MILKE: Thank you. Microphone
23 number 5.
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1 MR. LATHROP: Jim Lathrop, Koffler
2 Associates, and I don't think I have a client
3 interest in this but since Bill stepped down, I guess
4 the company does so we do somewhere. I don't.
5 First of all, I do want to point out
6 something I think Eric pointed out that I really want
7 to emphasize.
8 The committee in session approved this,
9 and in fact in ballots the committee approved it as
10 far as a majority vote but not the two thirds.
11 I encourage you strongly to look at those
12 negative votes because if you look at some of them,
13 they have nothing to do with the technical issue
14 going on here.
15 In fact, one of the negative votes was
16 totally about the fact that the proposal is equating
17 three -- the ASTM, the NFPA, and the UL test methods,
18 and they're saying unless they're proven, they're
19 equal to each other.
20 Well, we all know that the last few
21 editions of both the Life Safety Code and 5000 have
22 equated those without actually saying they're equal.
23 Now, if you take that one vote away,
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1 guess what. This passes two thirds. And in fact
2 that vote influenced at least one other vote because
3 one vote was changed based on that justification, and
4 so it would be well over two thirds.
5 I encourage you to look at the other
6 negatives because in addition to Eric when he went
7 through them, several of the other negatives weren't
8 addressing the technical issue here.
9 I ask you one major question. Think
10 about this. Why do we have fire resistance rated
11 barriers in sprinklered buildings. Why?
12 If we rely on the sprinklers a hundred
13 percent, a hundred percent, we don't need them.
14 Obviously they're there for the little -- I don't
15 want to get into the issues of 1 percent, 2 percent,
16 5 percent, but that little percent of the potential
17 for sprinkler failure.
18 If the sprinklers fail, guess what's
19 going to fail? The sprinklers that are protecting
20 that glass.
21 Now, the last thing I do want to
22 emphasize, because this has come up several times at
23 least in other areas so people might be thinking of
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1 it, this has no effect whatsoever on the atrium
2 provisions that allow sprinklers and glass to be
3 substituted for the separation wall.
4 Because that has never been equated to a
5 fire resistance rated wall. In fact, never required
6 specialized sprinklers to do it.
7 DR. MILKE: Mr. Rosenbaum, any final
8 comments? Seeing none from Mr. Rosenbaum or anyone
9 else at a mike, we'll move on to a vote.
10 The motion on the floor is to accept
11 Comment 101-89. All in favor please raise your hand.
12 All opposed? The motion passes.
13 Moving on to Motion 101-4. I'm sorry.
14 Microphone number 3, please.
15 MR. ZAREMBA: Tom Zaremba. I am the
16 submitter of the comment and the motion and I would
17 like to withdraw the Certified Amending Motion
18 please.
19 DR. MILKE: Okay. Thank you very much.
20 Moving on then to Motion 101-5. Microphone number 3.
21 MR. CABLE: Eugene Cable, Life Safety
22 Consultants, Averill Park, New York, representing
23 myself and making a motion to accept Proposal 101-89.
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1 DR. MILKE: Thank you. There's a motion
2 on the floor to accept Proposal 101-189. Is there a
3 second?
4 FROM THE FLOOR: Second.
5 DR. MILKE: Hearing a second, please
6 proceed with the discussion on the motion.
7 MR. CABLE: This proposal is an attempt
8 to head off what I believe is a growing tendency to
9 use this Section 8.6.8.2, the two-story convenience
10 opening, when the design team cannot meet the
11 mini-atrium requirement and does not want to incur
12 the expense of an atrium engineered smoke management
13 system.
14 Often now, even in health care, I am
15 seeing an open lobby type floor plan with large
16 vertical openings.
17 Without a corridor, this means we no
18 longer have the two-story vertical opening tucked
19 behind a corridor wall.
20 That vertical opening that had to be
21 separated from the protected way to two exits is no
22 longer separated.
23 Everyone's egress path with the open
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1 floor space is now exposed to this vertical opening
2 and any fire/smoke condition developed from the floor
3 below.
4 The convenience opening was originally
5 intended to allow for a stair, often a spiral stair,
6 spoken two vertically-aligned offices. The offices
7 are bounded by a corridor wall and doors.
8 I see no problem with vertical opening
9 exposing two rooms. I do sense trouble when the same
10 vertical opening exposes large areas on both floors
11 because there's no identifiable corridor.
12 I submit that when no corridor exists, we
13 lose the ability to appropriately apply convenience
14 opening protection.
15 This situation violates a fundamental
16 requirement. Section 4.5.6. Every vertical opening
17 between floors of a building shall be suitably
18 enclosed or protected as necessary to afford
19 reasonable safety to occupants while using the means
20 of egress and to prevent the spread of fire, smoke,
21 or fumes through vertical openings from floor to
22 floor before occupants have entered exits.
23 Many of you are familiar with the FSES,
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1 Fire Safety Evaluation System, for evaluating
2 alternative approaches to life safety.
3 Of all the 13 safety parameters, the
4 unprotected vertical opening takes the greatest
5 possible hit for life safety. A fundamentally
6 important concept is to properly protect vertical
7 openings.
8 Getting back to the proposal before us,
9 my intent is to add language which will require the
10 two-story vertical opening, called the convenience
11 opening, to be separated or protected in some way as
12 it was, with a room around it.
13 If there is no corridor to separate the
14 floor area from the opening, then some type of
15 enclosure should be provided.
16 I urge you to vote for this motion in
17 order to protect the convenience opening as
18 originally intended.
19 DR. MILKE: Okay. Welcome back,
20 Mr. Koffel. Would you like to make a statement on
21 behalf of the committee?
22 MR. KOFFEL: Yes, Mr. Chair. One of the
23 responsibilities of the Correlating Committee is to
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1 correlate the actions of the various Technical
2 Committees that report to us.
3 When a proposal or comment comes before
4 us with a committee action to reject, there rarely is
5 a correlation action.
6 Therefore, on this motion, as well as
7 subsequent motions today, one of the things that I
8 will offer is a personal opinion as to whether I
9 believed they create a correlation problem or not.
10 In this instance I do not see any
11 correlation problem and therefore would defer to Eric
12 Rosenbaum, chair of the Technical Committee on Fire
13 Protection Features, to present the committee
14 position on this item.
15 DR. MILKE: Thank you. Mr. Rosenbaum.
16 MR. ROSENBAUM: I'm Eric Rosenbaum,
17 chair of the Fire Protection Features Committee. My
18 intent is to present the committee's opinion.
19 The committee reviewed the proposal and
20 thought that it would potentially be more appropriate
21 for this requirement to be located in specific
22 occupancy chapters if it's appropriate, and felt that
23 the current provisions of the code are adequate in
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1 addressing the concerns of the submitter.
2 DR. MILKE: Okay. Thank you. With that
3 we can open up debate on this proposal or motion to
4 accept Proposal 101-189. Microphone number 2.
5 MR. HUEY: First I'm speaking against.
6 I'm Marvin Huey, FTC Architects, Dallas, Texas,
7 speaking on behalf of the health care section.
8 At our meeting yesterday the board and
9 its members voted not to support this motion.
10 DR. MILKE: Okay. Thank you. Any
11 further discussion on Motion 101-5? Seeing none we
12 move to a vote.
13 This motion on the floor is to accept
14 Proposal 101-189. All in favor, please raise your
15 hands? All opposed? Motion fails. The next motion
16 was submitted by an employee of Koffel Associates.
17 Mr. Koffel?
18 MR. KOFFEL: Yes. The next motion was
19 submitted by Jim Lathrop. Therefore, to avoid any
20 potential conflict of interest, at this time I'm
21 going to step down and ask Eric Rosenbaum, chair of
22 the Technical Committee on Fire Protection Features,
23 to address the issues on behalf of the committee.
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1 DR. MILKE: So you want to move to
2 Motion 101-6. Microphone number 5.
3 MR. LATHROP: Jim Lathrop, Koffel
4 Associates, and no client interest on this. I'd like
5 to move to return a portion of the report in the form
6 of Proposal 101-193. There's a typo there. 193,
7 okay? And 101-222 and related comments 101-144c and
8 101 -- I'm sorry. I'm reading the wrong one.
9 Return a portion of the report in the
10 form of Proposal of 101-193, not 192a. There's the
11 mistake there. It's 193. And related Comment
12 101-122.
13 DR. MILKE: Okay. Hold just a minute.
14 MR. LATHROP: I was making Joe Holland's
15 motion, sorry.
16 DR. MILKE: Okay. We've been able to
17 confirm that, as he suggested, there was an error up
18 here on the board.
19 So it is 193a, 101-193a that is the
20 motion and that is to return a portion of the report
21 in the form of Proposal 101-193a and related Comment
22 101-122. So we'll get that fixed. Is there a second
23 to this?
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1 FROM THE FLOOR: Second.
2 DR. MILKE: Thank you very much. We do
3 have a second. Mr. Lathrop, please proceed with your
4 motion.
5 MR. LATHROP: I've had a lot of
6 questions about this over this week because it looks
7 really bad, but we have no choice but to approve this
8 and the reason for this is as follows.
9 What's happened is the alcohol hand gel
10 provisions that have been -- and still will be, by
11 the way, for the health care people.
12 It stays in the health care chapter,
13 stays in the ambulatory health care, it stays in
14 educational, stays in day care, because those
15 actually have their own provisions.
16 What happened was the Chapter 8 committee
17 has put this in Chapter 8 to govern the whole
18 document, but then it said "where permitted by."
19 And what the problem is this provision
20 never went to the occupancy chapters and so none of
21 the occupancy chapters took it and accepted this.
22 If this stays in the code, every
23 occupancy that did not say it's okay, it would be
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1 prohibited in, which would mean we would not be
2 allowed to have the alcohol hand gels in this
3 building. We have them all around here because it's
4 an assembly occupancy, and assemblies didn't pick
5 this up.
6 Business occupancies -- Now, this will
7 help health care because medical office buildings
8 would not be allowed to have alcohol hand gel because
9 it says in Chapter 8 now unless accepted by the
10 occupancy chapter, and business didn't pick it up.
11 Mercantile didn't pick it up. I think
12 you've all seen it nowadays. When you go in the
13 store there's a little alcohol thing there.
14 This was an oversight. It should have
15 either gone to the occupancy chapters -- Well, no
16 matter what, it should have gone to the occupancy
17 chapters.
18 It could be easily fixed if we could just
19 change it to say "unless prohibited by," but at the
20 same time, the occupancy chapters haven't had the
21 choice to see whether they were going to prohibit it
22 or not. I can't imagine anyone would.
23 But as it stands now, if we let this go
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1 through, this will be prohibited in every occupancy
2 except for those -- I think it's is 3 4 that
3 specifically has provisions for that. Thank you.
4 DR. MILKE: Thank you. Mr. Rosenbaum,
5 do you want to make a statement on behalf of the
6 committee?
7 MR. ROSENBAUM: Sure. On behalf of the
8 committee, the committee approved this motion based
9 on the intent that the information would be presented
10 to the occupancy chapters for review.
11 Upon review, occupancy chapters would
12 have access to language to reference. It was not the
13 intent to prohibit use of alcohol-based hand-rubs in
14 all occupancies.
15 DR. MILKE: Thank you, gentlemen. We can
16 open up debate on this Motion 101-6. Microphone 3.
17 MR. PETERKIN: Jim Peterkin, Heery
18 International, representing the health care section.
19 We agree with Jim Lathrop here. It's a good idea.
20 This section was a good idea.
21 But unfortunately it just didn't get
22 carried out the right way and the health care section
23 voted to support this motion. Thank you.
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1 DR. MILKE: Thank you. Any further
2 discussion on Motion 101-6? Seeing none we will move
3 to a vote. The screen is now corrected.
4 Before we vote, let me restate the motion
5 and, again, for clarification, as Mr. Lathrop has
6 pointed out, the motion on the floor is to return a
7 portion of a report in the form of Proposal 101-193a
8 and related Comment 101-122.
9 All in favor of the motion, please
10 indicate by raising your hand. All opposed, same
11 sign. Motion passes. Thank you very much.
12 Move on to Motion 101-7. Microphone 5
13 please.
14 MR. HOLLAND: Joe Holland, Hoover Treated
15 Wood Products. Move to accept a motion to return a
16 portion of the report in the form of Proposals
17 101-221 and 101-222, and the related comments of
18 101-144c and 101-145.
19 DR. MILKE: Thank you. There's a motion
20 on the floor to return a portion of a report in the
21 form of Proposals 101-221 and 101-222, and related
22 Comments 101-144c and 101-145. Is there a second?
23 Is there a second?
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1 FROM THE FLOOR: Second.
2 DR. MILKE: Thank you. We do have a
3 second. Please proceed with the discussion on the
4 motion. Microphone 5.
5
6 MR. HOLLAND: Joe Holland, Hoover Treated
7 Wood Products. We're for the motion. Part of the
8 problem is this committee in this proposal has really
9 exceeded the scope of the committee.
10 I'm going to read the scope of the
11 committee as provided in the NFPA documents. It
12 says, The Committee on Furnishings and Contents.
13 This committee shall have primary responsibility for
14 documents on limiting the impact of furnishings and
15 building contents' effect on protection of human life
16 and property from fire and other circumstances
17 capable of producing similar consequences and on the
18 emergency movement of people.
19 They're talking about assemblies in this
20 proposed change. Because they're talking about
21 assemblies, it's outside the scope of the committee.
22 This is neither a furnishing nor a content.
23 As this comment is specific to
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1 assemblies, it should have been sent to the Building
2 Construction Technical Committee for review and
3 action.
4 Chapter 10 covers interior finishes and
5 furnishings and contents. The committee's comment
6 covers assemblies and it discusses surface burning
7 and then goes on to apply it to assemblies.
8 Why did they make the distinction?
9 There's no explanation. We're also concerned about
10 the base material. There's nothing in there that
11 talks about the base materials. It says panels.
12 Panels can be thing.
13 Part of the problem is could this be
14 applied to other materials that are already being
15 accepted into code?
16 One thing that came to my mind was
17 acoustical ceiling tile. It's made in a factory. It
18 has a fire retardant applied or mixed in with the
19 material.
20 Will acoustical ceiling tile and other
21 assemblies now need to be retested for the 30-minute
22 duration that is given in this change?
23 In addition, this is for interior finish.
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1 That's the E-84 test. The E-84 test is a 10-minute
2 test.
3 Why does this particular product have to
4 be tested for 30 minutes? Don't know. There's no
5 explanation for that.
6 Also concerned with enforcement problems
7 and life safety issues. It says obviously the way
8 the material is -- this section is worded, that the
9 material has maintenance problems.
10 How does a building owner, operator, or
11 tenant know they have a material that must be
12 maintained? What are the maintenance issues?
13 Where's the requirement for the
14 manufacturer to provide the building owner with the
15 procedures.
16 If the building owner and operator does
17 not know, where's the requirement that mandates the
18 manufacturer supplies the maintenance procedures?
19 This change isn't needed. And like I
20 said, the committee has exceeded their
21 responsibility. It should have been referred to the
22 committee that would have responsibility for
23 assemblies. We urge you to support the motion.
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1 Thank you.
2 DR. MILKE: Thank you. Mr. Koffel,
3 welcome back again. I guess it's an odd numbered
4 motion so you're back with us. Would you like to
5 offer the committee's position?
6 MR. KOFFEL: Mr. Chair, the Correlating
7 Committee has reviewed these items as they were
8 recommended by the committee, saw no correlation
9 issues, and therefore I would defer to Jim Lathrop, a
10 member of the Technical Committee on Furnishings and
11 Contents, to present the committee view.
12 DR. MILKE: Thank you. Mr. Lathrop.
13 MR. LATHROP: Jim Lathrop, Koffel
14 Associates, and a member of the Interior Finishes
15 Committee.
16 Joe Holland said that it's outside of our
17 scope, but it says in there, In new construction
18 surfaces of walls, partitions, columns and ceilings.
19 Interior surfaces are definitely in here
20 and therefore within the scope of the Interior
21 Finishes Committee.
22 He mentioned the use of the term
23 assemblies. The original comment that this is based
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1 on was actually on the next page and that used the
2 word panels, and we felt using assemblies would be
3 more generic and therefore not as restricted as far
4 as maybe some of you might say restraint of trade or
5 something on that idea. Therefore we used assemblies
6 to try to get it to be a little more open.
7 I do want to point out that of the
8 membership of the committee, it was 7 affirmative and
9 2 abstentions.
10 DR. MILKE: Thank you. We can open up
11 debate on the motion. Microphone 2.
12 DR. HIRSCHLER: Marcelo Hirschler, GBH
13 International speaking for NAFRA and I am the
14 original commenter on that. The committee accepted
15 my comment in principle, made some changes.
16 I want to point out there's a significant
17 difference between what we're discussing now and what
18 we were discussing before. This does not address
19 fire retardant-treated wood.
20 This does not address fire
21 retardant-treated wood. This is a coated panel but
22 this is not something where someone goes on site and
23 paints or coats walls or panels in some way.
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1 This is a product that is made at a
2 factory, manufactured in some way with the coating on
3 it, and the entire product with the coating on it
4 needs to meet not just the 10-minute E-84 but the
5 extended E-84 with all the additional requirements.
6 And the entire product must be listed and
7 labeled by a nationally-recognized testing
8 laboratory.
9 I'm not going to address whether this did
10 or did not exceed the committee's scope. That's -- I
11 think Jim Lathrop covered that and I don't know that.
12 I just want to address the technical issues.
13 And the two key points I want you to
14 remember is, number one, this is not fire
15 retardant-treated wood.
16 It's not pretending to be fire
17 retardant-treated wood. It doesn't say it's fire
18 retardant-treated wood. This is a coated panel.
19 And the reason that it requires more than
20 the normal E-84 is because normally there is no
21 permission in new construction -- and appropriately
22 so -- there's no permission in new construction to
23 just coat a panel or a wall or a ceiling or whatever
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1 and say you've done the job, and I think that is
2 perfectly appropriate.
3 But on the other hand, what this does, it
4 is a product that is listed and labeled and
5 manufactured as a coated panel and passes not just
6 the E-84 Class A but the full E-84, 30-minute with
7 the additional provisions. It should be accepted.
8 Thank you. Please oppose this motion. Thank you.
9 DR. MILKE: Thank you. Microphone
10 number 3, please.
11 MR. DOBSON: Yes. My name is Mike
12 Dobson, Fire and Life safety consultant and I'm
13 speaking for support of the motion on the floor.
14 I also have support of the National Code
15 Service Association which is a group under the
16 Western Fire Chiefs.
17 And some of the concerns that I have is
18 the confusion that this will create for the authority
19 having jurisdiction.
20 Being a former fire marshal, we've
21 expanded this to add the new construction there. And
22 we have a myriad of terms that are not in the
23 standard and they need some clean-up I think before
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1 this would be ready.
2 You know, we're now going to have
3 factory-applied fire retardant-coated assemblies. As
4 you heard in the discussion earlier, we're using the
5 term product.
6 Then we're also in -- lower in the
7 standard we have fire retardant coatings. And then
8 enter the discussion whether it's FRTW or not, you
9 have a lot of different terminology for a lot of
10 different products that would come under this section
11 that are not identified.
12 And I think this will create some real
13 problems for the authority having jurisdiction and
14 needs more clarification.
15 DR. MILKE: Microphone number 5.
16 MR. HOLLAND: Joe Holland, Hoover Treated
17 Wood Products. This shows you what we were trying to
18 accomplish in the previous actions that the
19 membership considered under 101-703.
20 The previous speaker who was speaking
21 against the motion says this is not fire
22 retardant-treated wood.
23 But when you go to 703 what they've got
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1 in here is the definition for fire retardant-treated
2 wood. So how can you have it both ways?
3 How can you say, This is not fire
4 retardant-treated wood, and before I wasn't speaking
5 about coatings, now I am talking about coatings and
6 I'm also going to say that the coatings have to meet
7 the provision for fire retardant-treated wood.
8 How can you have it both ways? That's
9 part of the problem. That's where the abuse is
10 coming in. That's why we were trying to do what we
11 were trying to do.
12 Second part of it is I'm going to read
13 you right out of the section of the code. This is
14 101-222, the proposal, and the comment number
15 101-144c.
16 The way the section reads now, if you're
17 going to apply the coating in the field, you pass the
18 E-84 10-minute test, and you can put the coating on
19 in an existing building in the field.
20 What this is trying to do is say, Oh,
21 okay, now I'm going to put it on in a factory so I'm
22 going to change the rules here because instead of it
23 being applied in a factory I'm going to put it on --
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1 I mean in the field, I'm going to put it on in a
2 factory. So this changes something.
3 It's still a coating. I don't know what
4 it's changing, but yet I still have to meet the
5 requirements of fire retardant-treated wood.
6 So what it says is -- This is the new
7 section. In new construction, surfaces of walls,
8 partitions, columns and ceilings shall be permitted
9 to be finished with factory-applied fire retardant-
10 coated assemblies. And that's where we get the
11 problem.
12 It doesn't speak to just the surface.
13 It's talking about assemblies. Not within the realm
14 or within the scope of the furnishings and
15 contents -- Furnishings and Contents Committee.
16 And then it goes on and it tells you how
17 you have to test it and it's got to have a flame
18 spread of 25 or less, E-84.
19 You've got to extend it for 20 minutes
20 additional and it's got to have a flame font of not
21 more than ten and a half feet.
22 That is the definition for fire
23 retardant-treated wood. How can you have it both
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1 ways? This is an inappropriate change. And as far
2 as I could tell, there's nothing in 101 that would
3 prevent somebody from applying a coating onto a
4 material in a factory, test it for ten minutes like
5 you would a ceiling tile, acoustical ceiling tile or
6 anything like that, like you test it for ten minutes,
7 and not allow it to be used in new construction.
8 So the section's not needed. It's
9 bringing in something that does not belong in this
10 section of the code. We urge you to support the
11 motion.
12 DR. MILKE: Thank you. Microphone
13 number 2.
14 DR. HIRSCHLER: Marcelo Hirschler, GBH
15 International, speaking for NAFRA against the motion.
16 Number one, if someone brings in a product that ran
17 the 10-minute test, it's in contravention with this.
18 If someone coats something on the field,
19 it's in contravention with this. This is very clear.
20 You're not allowed to do that.
21 And I agree, you should never be allowed
22 to do that. You should never be allowed to just
23 paint something new construction. No.
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1 This says very clearly what you need to
2 bring in is a panel that has already got the product
3 already made in the factory and listed and labeled to
4 be like that.
5 Number two, the issue of is this fire
6 retardant-treated wood, it is not. This meets the
7 same fire test requirement of fire retardant-treated
8 wood just like in the International Wildland Urban
9 Interface Code and in the WUI California Code,
10 plastic -- wood plastic composites are allowed to
11 meet that test -- are required to meet that test to
12 be used in certain applications and plastic lumber in
13 the WUI code and the International WIT are allowed to
14 meet that code.
15 And as of Monday the ASTM E-5 Committee
16 on Standards has approved a standard -- I think it's
17 E-2678 but I've probably got the number wrong -- that
18 is exactly that.
19 It's a standard test method where you
20 take the E-84, run it for 30 minutes, and do all the
21 other things as well.
22 That has nothing to do with fire
23 retardant-treated wood. Fire retardant-treated wood
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1 needs to meet that, but every other material in the
2 sun could try to beat it as well, and any panel that
3 is to be allowed under this section needs to meet the
4 same test. Thank you.
5 DR. MILKE: Thank you. Microphone
6 number 5.
7 MR. KAMALASANAN: I speak in support of
8 flame and fire --
9 DR. MILKE: Please identify who you are
10 and your affiliation.
11 MR. KAMALASANAN: As per the standard --
12 DR. MILKE: Please say who you are.
13 MR. KAMALASANAN: -- fire and flame --
14 DR. MILKE: Please, hold on. Excuse me.
15 Sir, at microphone number 5, stop. Please identify
16 who you are and your affiliation.
17 MR. KAMALASANAN: I am in support.
18 DR. MILKE: Who are you? Your name.
19 MR. KAMALASANAN: My name is Kutti. I am
20 from Saudi Arabia working for Saudi Aramco.
21 DR. MILKE: Thank you very much.
22 MR. KAMALASANAN: Difference between fire
23 and flame, all material, it's flame retardant, not
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1 fire retardant.
2 Please bear with me. If the manufacturer
3 can give the test report for a few minutes, as for
4 the material requirement, we can accept that one. I
5 got the standard with me. There's a difference
6 between flame and fire.
7 DR. MILKE: Thank you very much.
8 Microphone number 6.
9 MR. SONTAG: Rob Sontag, state of
10 Colorado, I call the question.
11 DR. MILKE: Not a debatable motion. I
12 heard a second. We go right to a vote of that
13 motion. All in favor of calling the question raise
14 your hand. All opposed. That passes.
15 So we go right to a vote of the motion;
16 the original motion, that is. The motion on the
17 floor is to return a portion of a report in the form
18 of Proposals 101-221 and 101-222, related Comments
19 101-144c and 101-145.
20 All in favor of the motion, please
21 indicate by raising your hand. All opposed? Motion
22 fails. Move on to Motion 101-8. I see microphone
23 number 3.
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1 MR. CABLE: Eugene Cable, Life Safety
2 consultant, Averill Park, New York, representing
3 myself. I move to accept Proposal 101-276 as
4 modified by the Technical Committee.
5 DR. MILKE: Thank you. There's a motion
6 from the floor to accept as modified by TC Proposal
7 101-276. Is there a second?
8 FROM THE FLOOR: Second.
9 DR. MILKE: Thank you. We go to
10 Mr. Cable. Please proceed.
11 MR. CABLE: I follow the advice of
12 Chapter 8 Committee. The proposal states, Delete
13 Section 18.3.1.2. This would prohibit the use of a
14 convenience opening, Section 8.6.8.2, within health
15 care occupancy space.
16 The three-story communicating space is
17 already prohibited. The Health Care Committee
18 initially accepted this proposal with a 20-to-1 vote.
19 The modification was to keep the section
20 as reserved rather than delete the section. So
21 initially this proposal resounded well with the
22 committee.
23 I want to note this is only for new
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1 construction. Chapter 18 will not affect existing
2 vertical openings.
3 A story. First-time visit to a
4 450,000-square foot, six-story hospital to conduct a
5 Joint Commission Statement of Conditions Life Safety
6 Assessment.
7 I walked in the main entrance doors and
8 to a nice open lobby area. I see a rather large
9 reception booth with three desks inside, sort of like
10 a small office area, plenty of upholstered chairs and
11 benches, and the usual nice gift shop to one side.
12 Straight ahead are three elevators and,
13 uh-oh, what is this? A double-wide open stair with
14 handrail in the center -- that was good -- leading up
15 to the second floor.
16 Open to the second floor also and, again,
17 a fairly large elevator lobby up there with another
18 small gift shop.
19 Now, at the ground level three corridors
20 lead to this front lobby, all three with a double
21 door opening into the lobby but with egress required
22 through the lobby to the front door exit.
23 On the second floor three corridors also
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1 connect to this lobby, but on the second floor there
2 are no double doors separating the corridors from
3 that lobby which is open to this open stair.
4 This is within health care occupancy.
5 There are no two-hour barriers available to separate
6 health care from this space.
7 This is not an atrium. This is not a
8 three-floor communicating space, because that's not
9 allowed in health care.
10 This is not a vertical opening piercing
11 only one floor, because there is no two-hour barrier
12 instead of doors even possible at the top or bottom
13 of this wide stair, so it must be considered a
14 convenience opening.
15 But clearly it is opened to corridors on
16 the second floor and, in my mind anyway, it's also
17 open to corridors on the first floor as well since
18 those corridors have to exit through it.
19 My point is this. This noncompliant open
20 stair in health care space has been there for eleven
21 years. It was built in 1999 and 2000.
22 Massachusetts Department of Health had no
23 problem with it. Prior experts conducting at least
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1 three SOC's up to this point did not see a problem.
2 At least three Joint Commission surveys did not
3 identify it. And the architect of record considered
4 it okay as a convenience opening.
5 This is one example of four that I've
6 seen in the recent -- last recent three years. There
7 is serious confusion out here on what constitutes a
8 compliant convenient opening.
9 I submit that the vertical openings
10 within health care compartments should be strictly
11 limited.
12 Consider that allowing any vertical
13 opening essentially could double the smoke
14 compartment size, allowing two floors to be one smoke
15 compartment which violates the fundamental principle
16 that floors provide a basic degree of
17 compartmentation.
18 If there is anywhere to maintain tight
19 controls on compartmentation --
20 DR. MILKE: 30 seconds.
21 MR. CABLE: -- thank you -- it is within
22 hospitals and nursing homes. If a design team would
23 like a vertical opening, wonderful. I like openness,
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1 natural light, and so on, but have it in business
2 occupancy and separate it from health care.
3 Voting for this motion will disallow all
4 vertical openings in health care except the bona fide
5 atrium and eradicate the possibility and also
6 demonstrated occurrence of seriously noncompliant --
7 DR. MILKE: Sorry. Time is up.
8 MR. CABLE: -- convenience openings.
9 DR. MILKE: Thank you for finishing.
10 Mr. Koffel, the committee's position, please.
11 MR. KOFFEL: Thank you, Mr. Chair. For
12 the members present, I would call your attention to
13 three public comments since you might wonder why the
14 motion is to accept an action that was taken by the
15 committee during the proposal period.
16 And those are Comments 101-203, 101-204
17 and 101-205, in particular Comment 101-203 in which
18 the committee reversed its position, and that is the
19 reason the maker of motion has made that motion.
20 Whereas the permitted use of convenience
21 openings is an item that's subject to the permission
22 of the occupancy chapter, I will ask David Klein,
23 chair of the Life Safety Technical Committee on
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1 Health Care Occupancies to address the issues on
2 behalf of the committee.
3 MR. KLEIN: Thank you, Mr. Chair. David
4 Klein with the Department of Veterans Affairs, and
5 I'm the chair of the Technical Committee on Health
6 Care Occupancies for the Life Safety Code.
7 During the proposal stage the committee
8 agreed in principle with the change sought by the
9 proponent and removed the provision for convenience
10 openings in new health care occupancies.
11 One committee member voted against this
12 position. The vote on the proposal was 20 to 1.
13 During the comment stage the committee reversed its
14 position and reinstated the provisions for
15 convenience openings back to the text as currently in
16 the 2009 code.
17 The committee stated that the provisions
18 for convenience openings are adequate for use in
19 health care occupancies and should not be deleted,
20 and the vote on that was unanimous, 28 to nothing.
21 Now, my observation in listening to the
22 proponent just now is I think he's making two points.
23 Some convenience openings he feels are being designed
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1 in a manner that is inconsistent with the intent of
2 the code. If that's the case, this is not a problem
3 with the code but a problem with designers using the
4 code inappropriately.
5 If designed correctly, convenience
6 openings are not a hazard and this design option
7 should remain available for use in health care
8 occupancies.
9 The other point that I believe the
10 proponent was making is that the requirements for
11 convenience openings should be clarified so as to not
12 permit convenience openings to include the means of
13 egress for occupants who are not within the area
14 exposed by the convenience opening. If that is the
15 case, the motion on the floor will not accomplish
16 this. Thank you.
17 DR. MILKE: Thank you, Mr. Klein. With
18 that we open up debate on the motion. As a reminder,
19 please provide your name, affiliation, and whether
20 you're speaking in support or against the motion.
21 Microphone 2 please.
22 MR. HUEY: Again, speaking against,
23 Marvin Huey, FTC Architects, Dallas, Texas speaking
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1 on behalf of the health care section. Membership and
2 board voted yesterday to oppose the motion on the
3 floor.
4 DR. MILKE: Okay. Thank you very much.
5 Any other discussion on Motion 101-8? Seeing none,
6 we will move on to the vote then.
7 Again, the motion here is to accept as
8 modified by TC Proposal 101-276. All in favor,
9 please raise your hand. All opposed. Well, let us
10 go with the electronic on this one please, as spread
11 out as you are.
12 So again, the rules of engagement are
13 that you must have a red badge with the word Member
14 on the top to be voting using the electronic voting
15 devices.
16 Let me remind you to vote either 1 in
17 favor of the motion, that is, to accept, or 2,
18 opposed to the motion and reject.
19 The motion on the floor is, again, to
20 accept as modified TC Proposal 101-276. Please go
21 ahead and make your vote. Five seconds.
22 All right, and done. The results posted
23 here straight away. Motion fails. Perhaps I should
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1 have been able to see that visually here. I'll put
2 my glasses on next time. So thank you. Let's move
3 on to Motion 101-9. Microphone 3.
4 MR. LARRIMER: Thank you, Mr. Chair. My
5 name is Pete Larrimer. I work for the Department of
6 Veterans Affairs.
7 I'm a member of the Health Care Committee
8 as well as a member of the Technical Correlating
9 Committee for the National Fire Alarm Code. I'd like
10 to make a motion to reject Comment 101-206.
11 DR. MILKE: There's a motion on the floor
12 to reject Comment 101-206. Is there a second?
13 FROM THE FLOOR: Second.
14 DR. MILKE: Thank you very much. We do
15 have a second. Please proceed with the discussion on
16 the motion, Mr. Larrimer.
17 MR. LARRIMER: Thank you, Mr. Chairman.
18 The reason I'm standing here in front of you today is
19 really just one reason.
20 I would like to try to reduce nuisance
21 alarms that are going to result as a result of the
22 change that was made to the health care section.
23 With the culture change we are making a
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1 lot of modifications in the health care section, and
2 kitchen stoves are now going to be permitted in
3 health care occupancies.
4 Not only that, they're going to be
5 permitted in health care occupancies and open to the
6 corridor. In order for that to happen, the
7 philosophy in health care was that any area open to
8 the corridor either be supervised by staff 24/7 or be
9 detected by smoke detection.
10 Never before would we allow any hazardous
11 area to be opened to the corridor, but in this case
12 we're now allowing kitchen stoves to be in a space
13 that's open to the corridor.
14 The original proposal asked for single-
15 station smoking alarms to be installed so that if
16 there were any products of combustion that were
17 created that caused a problem, the single-station
18 smoke alarms would be activated and the staff would
19 respond back to the kitchen so that they could take
20 necessary action to deal with whatever was happening
21 there.
22 During the ROC stage, that was changed by
23 a comment, Comment 101-206, to instead of single-
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1 station smoke alarms, to system smoke detectors.
2 Installing system smoke detectors in this
3 space with these kitchen stoves now will not only
4 ring the building throughout, activate the alarms
5 throughout the building, but it will also bring the
6 fire department.
7 I think we know one thing for sure and
8 that's cooking operations will generate smoke
9 products and they will activate smoke detectors.
10 We don't want to create nuisance alarms
11 but we have set up a situation in health care that I
12 believe will do just that.
13 Supporting this motion will not reduce
14 the level of safety. It will just replace the system
15 detectors in the area closest to these kitchen stoves
16 with single-station smoke alarms. Thank you.
17 DR. MILKE: Thank you. Mr. Koffel, would
18 you like to offer the committee's position?
19 MR. KOFFEL: Thank you, Mr. Chair. This
20 motion as well as the next motion was submitted by
21 Peter Larrimer, U.S. Department of Veterans Affairs,
22 and the chair of the Life Safety Technical Committee
23 on Health Care Occupancies, David Klein, is also
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1 employed with the U.S. Department of Veterans
2 Affairs.
3 Therefore, to avoid any potential
4 conflict of interest and whereas I am a member of the
5 Health Care Occupancies Committee, I will be
6 presenting both the perspective of the Technical
7 Correlating Committee and the Technical Committee.
8 With regard to the motion on the floor --
9 and I believe I understand the intent of the motion,
10 but I want to make sure the record is clear -- the
11 maker of the motion is asking for a comment to be
12 rejected, and that comment was to accept a proposal
13 that was rejected.
14 However, I believe the intent of the
15 maker is to only address the smoke alarm smoke
16 detector issue.
17 Relative to cooking facilities open to
18 the corridor, the requirement's there for they are
19 addressed in subsequent Comments 207 and 208 and,
20 again, I would give you or recommend you reference
21 Comment 101-208.
22 In item 11 of the committee action, not
23 of the original comment, of the committee action, the
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1 committee initially voted to require smoke alarms at
2 these locations. Two smoke alarms.
3 Through Comment 206 the committee then
4 further revised that action to require smoke
5 detectors at those locations rather than smoke
6 alarms.
7 Comment 206 was passed by the committee
8 by a vote of 27 to 1. You can see the negative
9 comments from David Klein. Thank you.
10 DR. MILKE: Thank you, Mr. Koffel. We
11 can open up debate on the motion. This motion is to
12 reject Comment 101-206. Microphone number 5.
13 MR. LATHROP: Jim Lathrop, Koffel
14 Associates, not speaking for or against but I think
15 there's an errata that we need to do to the goldenrod
16 sheet.
17 The goldenrod sheet says this is applying
18 to 18.2.3.5 and 19.2.3.5. I believe the 2 and the 3
19 are swapped. I think it should be 18.3.2.5 and
20 19.3.2.5.
21 DR. MILKE: Thank you. Let's take a
22 minute to confirm that and we appreciate you once
23 again helping -- That is a correct change.
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1 MR. LATHROP: I just wanted to make sure
2 there was no confusion.
3 DR. MILKE: Should be 18.3.2.5 and
4 19.3.2.5. Thank you. Microphone number 3.
5 MR. GREGORY: Thank you. Skip Gregory,
6 Health Authority Consulting, speaking on behalf of
7 the health care section in favor of this motion.
8 The health care section met yesterday and
9 voted to support this motion because we feel there
10 will be a high likelihood of nuisance -- false and
11 nuisance alarms caused not by smoke from a fire but
12 by the normal cooking particulates that come from
13 cooking activity.
14 These are very small kitchens that have
15 been inserted into the code to allow for a more
16 homelike atmosphere in nursing homes and they have
17 multiple safeguards on them already.
18 By alerting the staff and attendants
19 instead of rolling the trucks, much as is permitted
20 by the smoke detectors, a high degree of safety we
21 believe is maintained in the nursing home. Thank
22 you.
23 DR. MILKE: Thank you. Microphone number
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1 1.
2
3 MR. JAEGER: Tom Jaeger of Jaeger
4 Associates and I represent the American Health Care
5 Association and Leading Edge which represents about
6 85 percent of the nursing homes in the United States.
7 I was part of the coalition that
8 originally submitted the -- or submitted the original
9 proposals for cultural change facilities which
10 included the open kitchen to the corridors.
11 I believe that our proposal did not
12 contain smoke detectors in the kitchen because we
13 wanted to avoid nuisance alarms.
14 The committee -- First of all, I speak in
15 favor of the motion. I forgot to say that.
16 DR. MILKE: Thank you.
17 MR. JAEGER: We originally did not have
18 smoke detectors in the kitchen but the Technical
19 Committee on Health Care was clear that this proposal
20 would not go forward unless we had smoke detectors in
21 the kitchen.
22 And so the nursing home industry agree
23 that I'd rather have a smoke detector that does not
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1 roll the fire engines than have a smoke detector that
2 does roll the fire engine. So we support the single-
3 station smoke detector in the kitchen.
4 DR. MILKE: Thank you. Any further
5 discussion on this motion to reject Comment 101-206?
6 Seeing none, we can move to a vote.
7 Again, the motion on the floor is to
8 reject Comment 101-206. All in favor of the motion,
9 please indicate by raising your hand. All opposed.
10 Motion passes. We move to Motion 101-10. Microphone
11 3 once again.
12 MR. LARRIMER: Thank you, Mr. Chairman.
13 Again, my name's Peter Larrimer with the Department
14 of Veterans Affairs. I make a motion to accept
15 Comment 101-223.
16 DR. MILKE: Thank you. There's a motion
17 on the floor to accept Comment 101-223, is there a
18 second?
19 FROM THE FLOOR: Second.
20 DR. MILKE: Thank you. We do have a
21 second. So please proceed with a discussion of the
22 motion.
23 MR. LARRIMER: Thank you. I'm asking to
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1 accept Comment 223 which is on page 103 of the ROC
2 which will accept Proposal 101-292 on page 101-146 of
3 the ROP.
4 If this motion is accepted, the
5 requirement to install smoke barriers on non-health
6 care floors that are below health care floors will be
7 deleted when there is two-hour separation at the
8 floor level.
9 Presently smoke barriers are required to
10 be installed on floors that are not health care
11 occupancies if they are directly below health care
12 occupancy floors.
13 The committee states that the entire
14 floor above might be filled with smoke, creating the
15 potential to affect the entire health care occupancy
16 floor.
17 Actually, there are no requirements to
18 align smoke barriers from floor to floor, so
19 therefore if your barriers are perpendicular to each
20 other from one floor to the next, this potential
21 still exists.
22 Secondly, the space below will be
23 required to be sprinkler-protected since it falls
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1 under Chapter 18 which requires the building to be
2 sprinkler-protected.
3 Third, there is a requirement that the
4 floor be a two-hour rated barrier. Even with some
5 pole, sprinklers along a two-hour rated barrier
6 provide adequate protection.
7 In conclusion, with sprinklers installed
8 on the floor below the health care floor along with
9 the two-hour rated floor separation, plus the fact
10 that the smoke barriers are not required to be
11 aligned from floor to floor, the requirement to
12 provide smoke barriers on the floor below a health
13 care floor provides very little if any benefit. I
14 ask you to support the motion to accept Comment
15 101-223. Thank you.
16 DR. MILKE: Thank you. Mr. Koffel, would
17 you like to offer the committee's position?
18 MR. KOFFEL: Yes. As previously noted,
19 with the maker of this motion being from the
20 Department of Veterans Affairs and the chair of the
21 committee being from the Department of Veterans
22 Affairs, I will attempt to represent both the
23 Correlating Committee and the Technical Committee on
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1 this item.
2 I would merely -- Well, initially I would
3 start off by referring those to Proposal 101-292 --
4 and if I'm incorrect, Peter, please correct me, but
5 the proponent, the original proponent of that
6 proposal, did not tell us what to do with item 4.
7 It is my opinion that the maker of this
8 motion intends that the existing item 4 would remain
9 as existing item 5 and I just want to clarify that
10 for the record.
11 With respect to this provision, many
12 editions ago the code was interpreted to say that
13 smoke barriers had to extend throughout the building,
14 even in a mixed or multiple occupancy scenario.
15 When the text that's proposed to be
16 revised was inserted into the code, at least some
17 members of the committee perceived that to be a
18 relaxation and felt there was a need to continue the
19 smoke barrier one level below the health care
20 occupancy.
21 As Peter indicated, that was to address
22 the issue of smoke spread on that floor below and to
23 hopefully prevent smoke migration into the health
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1 care occupancy on both sides of the smoke barrier.
2 As Peter has indicated, there's no
3 requirement that smoke barriers be vertically
4 aligned.
5 With that as background, the committee
6 voted, as you can see in the Report on Comment, to
7 reject the comment. And again, I will rest on the
8 committee's substantiation or comment with regard to
9 their action.
10 DR. MILKE: Thank you very much.
11 Microphone 2.
12 MR. LATHROP: Jim Lathrop, Koffel
13 Associates, speaking for my self and speaking in
14 opposition.
15 I wasn't going to speak in opposition to
16 this, and unfortunately the justifications given by
17 the proponent kind of force me to speak against it.
18 First of all, there never was a
19 requirement, never was an intent, never was any
20 anticipation, that the vertical barriers would be
21 aligned.
22 The point here is I will have a two-hour
23 floor slab that probably will have some penetrations
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1 and no guarantee that they're always properly sealed.
2 But the big issue was this will allow a
3 total wide open landscape office area, totally wide
4 open, to be sitting right underneath a health care
5 occupancy.
6 The whole point here is the smoke
7 barriers is one of our last lines of defense in case
8 there is a sprinkler failure.
9 Again, I don't want to get into the
10 percentages of sprinkler failures. We all know it's
11 very low. I'm a huge sprinkler advocate. That's not
12 the issue.
13 The issue is if we do have a sprinkler
14 failure and we have a fire in that wide open
15 landscape office building sitting right underneath
16 this health care occupancy, we've all seen the
17 results of open landscape fires in non-sprinklered
18 areas.
19 So we want to at least subdivide that
20 area so we don't get a fire exceeding 22,500 square
21 feet in area.
22 I think there's a lot of other issues
23 that were legitimate reasons for potentially
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1 eliminating this, but based on lack of alignment and
2 sprinkler protection I think were the wrong reasons.
3 DR. MILKE: Thank you. Microphone 3.
4 MR. BUNJI: Thank you, Mr. Chairman. My
5 name is Makuta Bunji. I am a life safety consultant
6 speaking in support of this proposal and on my own
7 behalf.
8 In the annex to NFPA 101 regarding the
9 smoke barriers, it says in times of egress
10 arrangements should be made to transfer patient from
11 one section of the floor to another section of the
12 floor that is separated by a fire barrier or a smoke
13 barrier in such a manner that patients confined to
14 their bed can be transferred in their bed.
15 So the provision is clearly talking about
16 defend in place health care occupancy. Now, under
17 the separated provision you're providing a two-hour
18 fire floor ceiling assembly and the penetration --
19 the code are required to be firestop.
20 And as an example, when we had the
21 business occupancy under health care, the provisions
22 of business occupancy are totally different.
23 For example, the travel distance to exits
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1 under the business occupancy are 300 feet. Under the
2 smoke barrier provision, travel distance to the door
3 of the smoke barrier is now 200.
4 Now, bringing the provision of the health
5 care and mandating into a business occupancy where
6 the character of the use is totally different -- and
7 as an example, we're right now evaluating the
8 project, seven-story building, lower level.
9 The lower level is business, non-health
10 care related. But because of this provision, you're
11 ending up having subdivision of the smoke barriers
12 from 12 to 14,000 square foot only to meet the
13 requirement of the travel distance.
14 The occupants of the lower level are
15 able-bodied. They can exit the building any time
16 they want. But, again, the provision is saying 200
17 feet and referring back to the health care provision.
18 Now, the separation requirements. Under
19 Chapter 6 we have separate occupancies. Any time
20 separated occupancy provisions are declared, the
21 character of the occupancies mandating the provision
22 to be enforced for that occupancy.
23 We are intermingling the provision from
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1 health care into another occupancy. And also under
2 NFPA Chapter 18 it says doors in the smoke barriers
3 that are not simply health care are not required to
4 be double egress.
5 However, we have a 48-inch corridor and
6 if the smoke compartment has an area of more than
7 5,000 you're forced to provide a door which egress in
8 both direction.
9 Because under Chapter 7, any area of an
10 occupant more than 50 has to have egress in both
11 directions. So we end up having a 48-inch corridor.
12 Once we reach the smoke barrier, we have to widen it
13 and put double door in order to meet the requirement.
14 So I would urge support of the motion. Thank you.
15 DR. MILKE: Thank you. Microphone number
16 3.
17 MR. PETERKIN: Jim Peterkin, Heery
18 International, representing the health care section
19 and speaking in support of the motion.
20 The health care section met yesterday
21 morning and the board and membership voted, for
22 reasons Peter outlined, to support this motion.
23 Thank you.
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1 DR. MILKE: Thank you. Microphone
2 number 2.
3 MR. HUEY: Speaking against, I'm Marvin
4 Huey, FTC Architects, Dallas, Texas, representing
5 myself. The Technical Committee report on the Report
6 on Proposal was clear. If we read it, it's clear on
7 why the proposal needs to be rejected.
8 If we have smoke compartments -- we
9 have -- Presently we have smoke compartments today on
10 the health care -- on the floor below a health care
11 occupancy.
12 If a fire develops on that floor that is
13 not health care, it will very likely be contained,
14 smoke can be contained to that floor and possibly
15 migrate to one, two, three -- cannot get the
16 number -- smoke compartments on the health care
17 floor.
18 If we remove this requirement we have the
19 potential of the entire floor, the entire health care
20 floor -- and most of the facilities I deal with have
21 10, 20, 30 smoke compartments per floor.
22 And by that, we are now contaminating or
23 smoke that's migrating potentially to the entire
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1 floor.
2 Most of the penetrations on a floor are
3 concealed within walls; i.e. plumbing, electrical,
4 and they are not easily checked.
5 Fire dampers or duct work penetrations
6 are easily checked and that was part of the comment
7 that I heard, that it's easily checked, easily looked
8 after, but the plumbing and electrical penetrations
9 are not, and smoke could migrate through those
10 floors.
11 I've heard a number of arguments against
12 why we shouldn't do this. One, the architects are
13 missing it. I say you need to get another architect.
14 The other is you may not own that floor.
15 Well, if you don't own that floor, then the
16 provisions of you leasing that space, should have
17 been in the agreement that you maintain those smoke
18 compartment walls in the first place. Please vote
19 against this. I think it's a hazard to health care.
20 DR. MILKE: Thank you. Microphone
21 number 3.
22 MR. JELINSKE: Mark Jelinske, Cator Ruma
23 Associates, consulting engineers, and I speak for the
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1 motion.
2 I'd like to point out some of the
3 practical application impacts of this. As currently
4 written, these smoke barrier -- This is similar to
5 the change from the previous version.
6 The words are now, Smoke barriers shall
7 not apply to any of the following, and it lists the
8 five exceptions. So in other words, if any one of
9 those five exceptions apply, a smoke barrier is not
10 required.
11 One of those is areas that do not contain
12 health care occupancies and are separated from the
13 health care occupancy by a fire barrier complying
14 with 7.2.4.3. 7.2.4.3 is essentially a horizontal
15 exit.
16 So for example, a lower floor of a
17 hospital that is, say, 10 percent health care and 90
18 percent business, would have a or could have a
19 horizontal barrier at the occupancy separation and,
20 therefore, per exception number 2, have no smoke
21 compartments.
22 The vast majority of the health care
23 occupancy would be over that uncompartmentalized
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1 occupancy. However, if that 10 percent health care
2 went away, now suddenly we've got to compartmentalize
3 that non-health care occupancy.
4 Obviously, a way to game the system would
5 be to put a single exam room on that non-health care
6 floor. Similarly, you know, the mechanical -- an
7 exception was allowed for mechanical floor below a
8 health care occupancy to not have smoke compartments.
9 I should say an entire smoke --
10 mechanical only floor. But if the engineering
11 offices are on that floor, now we need smoke
12 compartments again.
13 So for no other reason, just to be
14 consistent with everything else, I recommend that
15 this proposal be accepted. Thank you.
16 DR. MILKE: Number 1.
17 MR. ACRE: Paul Acre, Arkansas Department
18 of Health. I speak for the proposal. I've dealt
19 with this issue many number of times on plans.
20 And the way I look at it is the smoke
21 compartment is essentially an area of refuge. The
22 facility, the floor, is all about compartmentation
23 and being able to move away from wherever a problem
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1 might develop.
2 If you're on that floor and certainly if
3 you're afforded horizontal movement to get away from
4 a problem, that would be ideal.
5 The worst-case scenario is just the
6 vertical evacuation which would be go to the stairway
7 and if you're able to dump out into the floor below
8 to escape the problem and then you have a degree of
9 separation.
10 I understand and appreciate the comment
11 and concerns about what if there's floor penetrations
12 and problems.
13 Well, if you're evacuating vertically you
14 simply go down another floor. And if that floor is
15 problematic, then your other option would be of
16 course to escape outside, horizontally exiting to the
17 exterior of the building. Of course that's, again,
18 another worst-case scenario.
19 So your first area of refuge is your
20 corridor, your suite, the smoke compartment, and then
21 maybe if there's another smoke compartment on that
22 floor, then you evacuate to yet another smoke
23 compartment.
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1 But vertical evacuation, of course, would
2 be the last option I would hope would be considered.
3 But if in any event you did, you hopefully have
4 multiple floors upon which to evacuate to. Thank
5 you.
6 DR. MILKE: Thank you. Microphone number
7 3.
8
9 MR. ELVOVE: Mr. Chair, I'm Josh Elvove
10 with the U.S. General Services Administration and I'm
11 in favor of the motion.
12 And, yes, I am representing the U.S.
13 General Services Administration, the GSA in this
14 case, and you would say, I wonder why.
15 Well, it is possible that we can lease
16 our space to a federal entity in a floor below health
17 care. And if we do this, this could affect the
18 potential characteristics of the lease space and
19 potential of our client.
20 He would be forced to have a smoke
21 compartments in a space that we would have no idea --
22 I guess we would he know that health care is above
23 us, but really it doesn't matter to us. We're
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1 leasing this particular space.
2 If it happens to be below health care
3 we're now forced into these provisions and I don't
4 think our designers would even know that the
5 provisions exist because we're contracting business
6 work. We're not dealing with health care. So I
7 think that would be a potential issue for the U.S.
8 General Services Administration.
9 But I make another point -- and this goes
10 -- one of the comments -- The only comment I guess
11 against this was that if you delete the barrier, the
12 smoke barrier, you have the potential of fire from
13 any portion of the floor below getting up into the
14 health care occupancy space. I guess so.
15 But the horizontal exit concept is very
16 similar. If you have a horizontal exit, you are
17 allowed to terminate that horizontal exit at a
18 two-hour floor slab provided your means of egress
19 discharged directly to the outside.
20 That creates your egress once you're into
21 the stair. However, the same scenario exists where I
22 can have a fire on the floor below since -- and that
23 fire could potentially affect all the barriers if it
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1 goes above.
2 My horizontal exit in this sense has been
3 compromised on all the floors above that's supposed
4 to have the horizontal exit.
5 We have an inconsistency in the code here
6 and one might say health care deserves more. I'm
7 hearing the health care industry say, We're okay with
8 it.
9 So I think for those reasons alone, if
10 not what else you've heard, you should accept this
11 comment. Thank you.
12 DR. MILKE: Thank you. Microphone
13 number 2.
14
15 MR. HUEY: Speaking against, Marvin Huey,
16 FTC Architects, Dallas, Texas. The arguments about
17 the smoke compartment I have not heard yet as valid.
18 It's all about we're not sure who's going to be below
19 it.
20 That is the lease agreement. That is
21 something that you should be able to maintain. If
22 it's your property, you lease it. This is something
23 you write in your contract.
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1 Additionally, this code is a compromise
2 to what was originally out there indicating the
3 entire building needed to be smoke compartmentalized.
4 This compromise has been in effect for
5 quite a few years and we have been operating under
6 this design provision for quite some time. This is
7 not a change.
8 It is suggested that we change to a much
9 lesser requirement without any backing at all other
10 than we don't know what's below it.
11 DR. MILKE: Mr. Koffel, I'd give you a
12 minute if you want -- There have been a bunch of
13 comments. Do you have a response?
14 MR. KOFFEL: No further comment.
15 DR. MILKE: Microphone number 3.
16 MR. LARRIMER: Thank you, Mr. Chair.
17 Pete Larrimer, Department of Veterans Affairs,
18 against. I just want to make two point.
19 The first point I want to make is that
20 the Technical Committee on Health Care this time did
21 accept another exception to allow a mechanical
22 equipment space, only a space that handles mechanical
23 equipment, to be wide open on the floor below health
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1 care without any barriers.
2 So there's already provision that was
3 accepted this code change cycle that allows that with
4 no barriers. That has opened up the door.
5 And my second point is that I would argue
6 any other space would probably be subdivided in some
7 way, shape, or form.
8 It may not be a one-hour rated or a
9 30-minute rated barrier duct to duct, but chances are
10 there's going to be quite a bit of
11 compartmentalization from the barriers associated
12 with whatever occupancy's down there.
13 And if there are sprinklers which would
14 be required under Chapter 18, then the provisions to
15 control the smoke within that compartment would be
16 there. So I ask you to accept this comment. Thank
17 you.
18 DR. MILKE: Microphone number 4.
19 MR. LATHROP: Jim Lathrop, Koffel
20 Associates. Again, I wasn't going to speak but
21 sometimes Peter wins and then brings up subjects that
22 I have to rebut.
23 DR. MILKE: For or against?
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1 MR. LATHROP: Against, but like I said, I
2 told Peter I wasn't going to discuss this unless
3 certain items are brought up, and they keep coming
4 up.
5 How you can equate a mechanical floor as
6 far as fuel load to an open landscape office
7 building, I am totally at loss.
8 To try to justify this based on the fact
9 that the committee recognized subdividing mechanical
10 floors is a real problem.
11 A mechanical floor doesn't have much to
12 burn out, so please don't do this because of that. I
13 think there's been a lot of other good reasons
14 brought up.
15 But I think, you know, when you say we're
16 going to do this because we're going to allow a
17 mechanical floor to be subdivided, sorry.
18 DR. MILKE: Microphone number 6.
19 MR. CUTTER: Steve Cutter. I'd like to
20 ask to call the question.
21 FROM THE FLOOR: Second.
22 DR. MILKE: It's a non-debatable motion.
23 There's been a second so we go right to the vote to
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1 call the question.
2 All in favor of calling the question,
3 raise your hands. All opposed. That passed. So we
4 go right to a vote of the motion.
5 The motion on the floor is to accept
6 Comment 101-223. All in favor of the motion please
7 indicate by raising your hand. All opposed?
8 Electronic let's go to. Sorry. So call
9 for a vote using the electronic devices. You must
10 have a red badge with the word Member on the top to
11 be voting.
12 Let me remind you to vote either 1 in
13 favor of the motion, accept, or 2, opposed and the
14 motion reject. And please vote now.
15 Five seconds. And closed. Thank you.
16 Okay. The motion fails. We move on to Motion
17 101-11. We go to microphone number 5, please.
18 DR. HIRSCHLER: Thank you, Mr. Chairman.
19 Marcelo Hirschler, GBH International, for NAFRA. And
20 I hereby move to accept Comment 101-232 and Comment
21 101-250.
22 DR. MILKE: Thank you. There's a group
23 amending motion on the floor to accept Comment
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1 101-232 and accept Comment 101-250. Is there a
2 second?
3 FROM THE FLOOR: Second.
4 DR. MILKE: I heard a second. Please
5 proceed with the discussion on the motion.
6 DR. HIRSCHLER: Thank you, Mr. Chairman.
7 What this is I thought was very simple, I hope.
8 Since 1978 the furniture industry in this country has
9 required that their furniture be resistant to
10 smoldering emission.
11 Health care occupancies are all required
12 to be sprinklered but sprinklers don't really do
13 anything to smoldering ignition.
14 Sprinklers do affect heat release, so
15 until actual fact the requirement for heat release of
16 furniture have -- are moot in the code.
17 So what this proposal says is new
18 furniture -- and remember that this has been in
19 effect since 1978 so there isn't very much furniture
20 around that is from older than 1978 -- new furniture
21 should meet the smoldering requirements for Chapter
22 10.
23 And there is a clear -- an exception here
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1 to make sure that if patients bring their own
2 furniture they're, of course, allowed to retain that
3 furniture.
4 And it doesn't matter whether they're --
5 what type of smoke detectors. Whatever the type of
6 smoke detectors, it still is acceptable to vote for
7 the exclusion.
8 And the reason for the two comments is
9 one is in new construction and one is in existing
10 construction.
11 The committee objected to this because
12 they said facilities are well manned, but I think
13 we're really giving the wrong message to the public
14 if we're telling, in the Life Safety Code, that in
15 spite of the fact that the industry has been
16 requiring for over 30 years that all the furniture be
17 smolder resistant, it doesn't have to be smolder
18 resistant in hospitals.
19 It's really a very bad message. I hope
20 you'll support the motion. Thank you.
21 DR. MILKE: Thank you. Again, keep in
22 mind for the people here that this is a combined
23 group amending motion, Comment 101-232 that's on the
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1 screen and also 101-250. Mr. Koffel, committee
2 statement?
3 MR. KOFFEL: Yes, thank you. Chapter 10
4 provides requirements for upholstered furniture but
5 then states where required by the occupancy chapter.
6 That's where we believe the expertise lies.
7 Therefore I would like to ask David
8 Klein, chair of the Life Safety Technical Committee
9 on Health Care Occupancies to address the issues on
10 behalf of the committee.
11 DR. MILKE: Mr. Klein.
12 MR. KLEIN: Thank you, Mr. Chair. My
13 name is David Klein, Department of Veterans Affairs,
14 chairs of the Health Care Technical Committee.
15 The committee considered the changes
16 sought by the proponents and concluded that the
17 presence of sprinklers makes additional regulations
18 unnecessary.
19 The committee pointed out that in health
20 care occupancies, staff members are available to
21 detect and react to fire, and the proponent did not
22 provide statistical evidence to indicate that
23 smoldering fires present a problem in health care
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1 occupancies.
2 In the text of the current Life Safety
3 Code, upholstered furniture belonging to the patient
4 in non-sprinklered sleeping rooms of existing nursing
5 homes is exempted from the smoldering ignition and
6 rate of heat release requirements provided that the
7 smoke detector is installed in the patient's sleeping
8 room and the battery powered single-station smoke
9 alarm is permitted to be used.
10 The motion on the floor would eliminate
11 the permission for use of the battery powered single-
12 station smoke alarm by moving this provision from the
13 body of the code to a recommendation in the annex.
14 In addition, as mentioned by the
15 proponent, the proposal would also remove the rate
16 of heat release requirements by moving this provision
17 also from the body of the code to a recommended in
18 the annex.
19 Furthermore, the motion on the floor
20 would also expand the scope of the exemption for
21 patient-owned upholstered furniture in sleeping rooms
22 of nursing homes to patient-owned upholstered
23 furniture in sleeping rooms of health care
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1 occupancies.
2 So the scope would be expanded from
3 nursing homes to health care occupancies. The
4 committee rejected this by a unanimous vote of 28
5 to nothing. Thank you.
6 DR. MILKE: Thank you Mr. Koffel for
7 Mr. Klein. We could open up debate on the motion at
8 this point. Microphone number 5.
9
10 DR. HIRSCHLER: Marcelo Hirschler, GBH
11 International, for the American Fire Safety Council.
12 The text says that furniture from patients can be
13 brought in and it doesn't require to be used in spite
14 of the fact that virtually no patients are going to
15 bring in furniture that's not smolder resistant
16 because it's got to be over 30 years old but it's
17 allowed.
18 And the heat release requirements, which
19 I love -- and I wish they were in place -- are moot.
20 That's why I took them out, because in fact all the
21 occupancies are sprinklered. So what's the point?
22 They're sprinklered so they're not
23 allowed to have heat release -- We went through that
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1 the last cycle. They are sprinklered so the heat
2 release requirements from Chapter 10 are moot. Thank
3 you.
4 DR. MILKE: Just to make sure, Doctor
5 Hirschler, you're for the motion?
6 DR. HIRSCHLER: I am in favor of the
7 motion. I'm sorry that I forgot to mention that.
8 DR. MILKE: Fine. Thank you. Microphone
9 number 6.
10 MR. GREGORY: Skip Gregory, Health
11 Facility Consulting speaking on behalf of the health
12 care section and speaking against the motion in favor
13 of the Technical Committee's action.
14 Health care section board and membership
15 voted yesterday to reject this motion because the
16 presence of sprinklers required by this section
17 provides an acceptable level of protection without
18 the need of additional regulation.
19 Health care is an occupancy where staff
20 is available 24/7. There's no statistical evidence
21 showing that smoldering fires have created any harm
22 in health care occupancies.
23 And certainly residents who live in
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1 nursing homes have been bringing their own
2 furnishings into these facilities that are fully
3 sprinklered without this need of additional
4 protection with no adverse effects. Thank you.
5 DR. MILKE: Thank you. Any further
6 discussion on Motion 101-11 to accept Comment 101-232
7 and Comment 101-250?
8 Seeing none, we will move to a vote.
9 Again, the motion on the floor is to accept Comment
10 101-232 and Comment 101-250.
11 All in favor of the motion, please
12 indicate by raising your hand. All opposed? That
13 fails. Going to 101-12. And looks like we're going
14 back to microphone number 5.
15 DR. HIRSCHLER: Marcelo Hirschler, GBH
16 International, speaking for NAFRA, and I hereby move
17 101-233 and 101 -- sorry -- 101 Comment 233 and 101
18 Comment 251.
19 DR. MILKE: Thank you. There's a group
20 amending motion from the floor to accept Comment
21 101-233 and 101-251. Is there a second?
22 FROM THE FLOOR: Second.
23 DR. MILKE: I heard a second. Please
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1 proceed with the discussion on the motion.
2 DR. HIRSCHLER: Marcelo Hirschler, GBH
3 International, for NAFRA. This is the same as
4 before, with one exception.
5 This deals with mattresses, and
6 mattresses in the United States have been required by
7 the federal government since 1972 to be smolder
8 resistant.
9 So in order to find new mattresses that
10 are not smolder resistant, they must be illegally
11 imported into the United States so that they can be
12 placed in a hospital.
13 They have to be illegally imported
14 because if they're legally imported they're not
15 allowed to be sold here, and if they're private they
16 can bring them in.
17 So we're asking people to please
18 illegally import mattresses into hospitals so they
19 can be non-smolder resistant. This is ludicrous.
20 Please support this motion. Thank you.
21 DR. MILKE: Thank you. Mr. Koffel.
22 MR. KOFFEL: Again I will defer to David
23 Klein, chair of the Life Safety Technical Committee
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1 on Health Care Occupancies.
2 DR. MILKE: Mr. Klein.
3 MR. KLEIN: Thank you, Mr. Chair. David
4 Klein, Department of Veterans Affairs, chair of the
5 Health Care Technical Committee.
6 As mentioned by the proponents, this is
7 basically -- these are basically the same issues that
8 we discussed previously except related to mattresses
9 rather than upholstered furniture.
10 Again, the Health Care Technical
11 Committee considered the changes sought by the
12 proponents and concluded that the presence of
13 sprinklers makes additional regulations unnecessary.
14 The committee again pointed out that in
15 health care occupancies, staff members are available
16 to detect and react to fire, and the proponent did
17 not provide statistical evidence to indicate that
18 smoldering fires present a problem in health care
19 occupancies.
20 In the text of the current Life Safety
21 Code, mattresses belonging to the patient in
22 non-sprinklered sleeping rooms of existing nursing
23 homes are exempted from the smolder emission and rate
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1 of heat release requirements provided that a smoke
2 detector is installed in the patient's sleeping room
3 and the battery operated single-station smoke alarm
4 is permitted.
5 This motion, the motion that's on the
6 floor, would eliminate the permission for use of the
7 battery powered single-station smoke alarm by moving
8 this provision from the body of the code to a
9 recommendation in the annex.
10 Again, the proposal would also remove
11 the rate of heat release requirements by moving this
12 provision from the body of the code to a
13 recommendation in the annex.
14 And again, as with the previous
15 discussion, the motion on the floor would expand the
16 scope of the exemption mentioned from sleeping rooms
17 of nursing homes to sleeping rooms of health care
18 occupancies.
19 Again, the committee rejected this by
20 unanimous vote of 28 to nothing. Thank you.
21 DR. MILKE: Any further discussion on
22 101-12? I'm sorry. Microphone number 6.
23 MR. GREGORY: Skip Gregory, Health
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1 Facility Consulting speaking on behalf of the health
2 care section and speaking against the motion in favor
3 of the Technical Committee's action.
4 The health care section voted yesterday
5 to not support this comment and to support the
6 committee action. Thank you.
7 DR. MILKE: Thank you. Any further
8 discussion now? Microphone number 5.
9 FROM THE FLOOR: Call the question.
10 DR. MILKE: Calling the question is
11 non-debatable so we'll go right to the vote of that.
12 All in favor of calling the question raise your hand.
13 All opposed?
14 We go right to a vote of the motion then
15 and that motion is to accept Comment 101-233 and
16 101-251. All in favor of the motion, please raise
17 your hands. All opposed? That fails. We go to
18 101-13. Microphone number 5.
19 DR. HIRSCHLER: Mr. Chairman, Marcelo
20 Hirschler, GBH International, for NAFRA. And I
21 hereby move 101 -- Comment 101-236 and accept Comment
22 101-253.
23 DR. MILKE: Thank you. There is a group
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1 amending motion on the floor to accept Comment
2 101-236 and 101-253. Is there a second?
3 FROM THE FLOOR: Second.
4 DR. MILKE: I hear a second. We have
5 that. Please proceed with the discussion on the
6 motion.
7 DR. HIRSCHLER: Thank you, again.
8 Marcelo Hirschler, GBH International, for NAFRA.
9 This is a completely different issue. Forget
10 smoldering. Completely different issue.
11 What the code says is that decorations
12 have to be flame retardant. Throughout the NFPA
13 system, with the exception of a few places in 101 --
14 and they will be coming up in these motions today --
15 the word flame retardant as a requirement has been
16 removed because it's meaningless. It is completely
17 unenforceable. There's nothing that says that.
18 Usually what -- that's been replaced by
19 the phrase, Complying with the flame spread
20 requirement of NFPA 701.
21 When that was proposed here the health
22 care section decided, No, we don't want that. We
23 want more options, and the AHJ knows how to decide
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1 whether something's flame retardant.
2 And I have a great deal of respect for
3 the AHJ but -- so I'm trying to figure out how they
4 know if something is flame retardant.
5 They can know by talking to the
6 decoration? By having a conversation with it? By
7 smelling it? By looking at it? By listening to what
8 it says? By looking at it? I don't know.
9 But I thought in spite of and beyond all
10 of that, I'd give them some additional tools beyond
11 them having this conversation with the decoration
12 since there is no standard or nothing in writing that
13 says what that flame retardant means.
14 So what this does is give them a variety
15 of options for what means increased fire performance.
16 One of the options is determined by the authority
17 having jurisdiction in whatever way they want to
18 determine that there is acceptable fire performance,
19 however they wish to do that.
20 But beyond that, if they don't want to do
21 that, they can use one of the accepted methods and
22 then the annex explains where these things come from.
23 Again, the real point here is that saying
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1 that something is flame retardant doesn't mean
2 anything. It cannot be enforced. There is no
3 standard, no test method, nothing that says you
4 passed it and you're flame retardant. It doesn't
5 exist. Thank you.
6 DR. MILKE: Thank you. Mr. Koffel, would
7 you like to offer the committee position?
8 MR. KOFFEL: Yes. From the Technical
9 Correlating Committee's perspective, since the action
10 on these various comments was consistent there was
11 not a correlation issue.
12 But I would indicate that at least with
13 regard to the reference to flame retardant, if we
14 have a different action on these different motions
15 that are forthcoming, there may be a correlation
16 issue.
17 And since this is the first one, I think
18 it's appropriate before I ask David Klein to speak on
19 behalf of the Health Care Committee, to share the
20 comments of some of the other committees so that we
21 can consider those all at this time.
22 If you look at Comment 110-264 which
23 deals with detention and correctional occupancies,
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1 that committee took exception to the use of the word
2 fire performance in lieu of flame retardant,
3 indicating that fire performance is a much broader
4 term and a term that is also not defined.
5 And we are relying on the authority
6 having jurisdiction to make a determination based
7 upon an undefined term, fire performance.
8 The committee also took exception to
9 items 1 and 4. I've already identified item 1, item
10 4. Verbage such as limited quantities that a hazard
11 to fire development are spread is minimal.
12 So I'd ask that you consider those in
13 evaluating your action on this motion as well. With
14 that said, David Klein, if you would represent the
15 views of the Technical Committee on Health Care
16 Occupancies.
17 DR. MILKE: Mr. Klein.
18 MR. KLEIN: Thank you, Mr. Chair. David
19 Klein, Department of Veterans Affairs, chair of the
20 Health Care Technical Committee.
21 The committee considered the change
22 sought by the proponents. The committee stated that
23 the proposed change would actually make it more
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1 difficult for the authority having jurisdiction to
2 enforce the provision.
3 The change would expand the current
4 requirement, which is that decorations be flame
5 retardant, into a requirement that the decorations
6 must be -- I'm quoting here -- considered by the
7 authority having jurisdiction to exhibit acceptable
8 fire performance, unquote.
9 Fire performance includes many more
10 considerations than a judgment related to flame
11 retardant.
12 Fire performance considerations involve
13 all the characteristics of a material related to
14 fire. This is a significant increase on what will be
15 required of the AHJ.
16 The committee also pointed out that
17 action on another comment, 101-235, revised sub item
18 1 to address treatments with an approved fire-
19 retardant coating that is listed and labeled for
20 application to the material to which it is applied.
21 The committee rejected this unanimously
22 28 to nothing. Thank you.
23 DR. MILKE: Okay. Thank you. With that
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1 we will open up debate on the motion. Please provide
2 your name and affiliation and whether you are
3 speaking in support or against the motion.
4 Microphone 5.
5 MR. KAMALASANAN: I'm in support of the
6 motion.
7 DR. MILKE: Your name and affiliation.
8 MR. KAMALASANAN: My name is Kutti from
9 Saudi Arabia, representing Saudi Aramco from
10 Saudi Arabia.
11 DR. MILKE: Thank you.
12 MR. KAMALASANAN: Flame-retardant
13 material means it can withstand up to certain
14 temperature. Thereafter, without melting, it will
15 be -- It is already clear -- I got the notes with me.
16 So the flame-retardant material will be selected
17 based on our requirement.
18 There is no fireproof material. This
19 coat is flameproof. I am working on the plans. We
20 got already flameproof.
21 But fireproof material, it is not there.
22 Flameproof material, it can withstand up to certain
23 temperature. Thereafter without melting it will
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1 be -- I believe I got the proof.
2 This is already clearly mentioned in the
3 material. I'm an electrical engineer but basically
4 it is with me. You can have a look.
5 DR. MILKE: Okay. Thank you. Microphone
6 number 6.
7 MR. GREGORY: Skip Gregory, Health
8 Facility Consulting speaking on behalf of the health
9 care section and speaking against the motion in favor
10 of the Technical Committee's action. Thank you.
11 DR. MILKE: Thank you. Any further
12 discussion on the motion? Microphone 5.
13 DR. HIRSCHLER: Thank you. As was
14 pointed out by the Technical Committee chair --
15 DR. MILKE: I'm sorry, could you --
16 DR. HIRSCHLER: Marcelo Hirschler, GBH
17 International, speaking for the motion. I apologize.
18 I'm sorry.
19 The committee accepted 101-235a which
20 says they are flame retardant, which is not defined,
21 or treated with approved flame retardant. How much?
22 That it is listed and labeled for the application.
23 How much? That's the problem. We don't know.
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1 The problem is all this says is it's
2 going to be approved by the AHJ in some way. And
3 flame retardant is a vague term because it is the
4 name of an additive.
5 That's the organization I represent. The
6 North American Flame Retardant Alliance. These
7 members make flame retardants.
8 So is the decoration now one of the
9 products that the members -- association I represent
10 makes? The decoration suddenly becomes one of those
11 products? How is it determined?
12 I mean, the products that they make are
13 usually in either liquid or powder form or pellet
14 form. They're not a decoration usually so you can't
15 be flame retardant. You can't be.
16 So my alternate wording says they are --
17 they have a fire performance, however that is defined
18 that is acceptable to the AHJ.
19 However the AHJ decides to define it, it
20 doesn't matter. But that way, he or she can then
21 decide what acceptable is. Thank you.
22 DR. MILKE: Thank you. Gentlemen at
23 microphone 5.
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1
2 FROM THE FLOOR: Call the question.
3 FROM THE FLOOR: Second.
4 DR. MILKE: Motion to call the question.
5 There's a second. That's non-debatable. All in
6 favor of calling the question, raise your hand. All
7 opposed? Passes.
8 We move to the motion on the floor. Now,
9 that is to accept Comments 101-236 and 101-253. All
10 in favor of the motion, please indicate by raising
11 your hand. All opposed? Motion fails. Moving on to
12 Motion 101-14.
13 DR. HIRSCHLER: My name is Marcelo
14 Hirschler, GBH International, and I'm the designated
15 representative for James Everitt.
16 I hereby move to return a portion of a
17 report and form of Proposal 101-305a and related
18 Comment 101-237.
19 DR. MILKE: Okay. Thank you. There's a
20 motion on the floor to return a portion of a report
21 in the form of a Proposal 101-305a and related
22 Comment 101-237. Is there a second?
23 FROM THE FLOOR: Second.
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1 DR. MILKE: We do have a second. Please
2 proceed with the discussion on the motion.
3 DR. HIRSCHLER: Thank you. With this
4 we're dealing now with something completely different
5 and that is we're dealing with trash receptacles.
6 The committee added a section that allows
7 the trash receptacles to be listed to an FM standard.
8 Jim Everitt shared with me indication that when you
9 test with that standard, the fire performance of
10 those trash receptacles is very poor.
11 And trash receptacles that comply with
12 that standard, it can very easily -- as soon as the
13 lid is closed, the contents stop burning in the test
14 and the materials that are very low fire performance
15 can pass the test.
16 He shared with me a video, which of
17 course I can't show you, but he shared with me a
18 video showing how there's significant difference
19 between these receptacles that meet the FM test and
20 the receptacles that meet the alternate requirements
21 that are contained in NFPA 1.
22 So by deleting all of this, returning it
23 to committee, what we're doing is allowing the
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1 default requirement for health care occupancy for
2 very large trash receptacles to apply. Thank you.
3 DR. MILKE: Thank you. I should add for
4 the record that Doctor Hirschler is the designated
5 representative for James Everitt who submitted this
6 motion. Mr. Koffel, if you'd like to make a
7 committee statement.
8 MR. KOFFEL: Mr. Chairperson, the related
9 Comment 101-237 was submitted by Jim Lathrop of
10 Koffel Associates on behalf of a client.
11 Therefore, to avoid any potential
12 conflict of interest, at this time I'm going to step
13 down and David Klein, chair of the Life Safety
14 Technical Committee on Health Care Occupancies, will
15 address the issues on behalf of the Technical
16 Committee.
17 DR. MILKE: Mr. Klein.
18
19 MR. KLEIN: Thank you, Mr. Chair. David
20 Klein, Department of Veterans Affairs, chair of the
21 Health Care Technical Committee.
22 This motion is related to Comment 101-237
23 which is based on Proposal 101-305a. The effect of
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1 the comment and proposal as accepted by the Technical
2 Committee is to expand options available under the
3 Soiled Linen and Trash Receptacles section, which is
4 Section 7.5.7 in Chapters 18 and 19, to permit
5 containers larger than the current maximum capacity
6 of 32 gallons provided that certain provisions are
7 met, including the requirement that the containers
8 are used solely for recycling, cleaning, or for
9 patient records awaiting destruction, that the
10 containers do not exceed a capacity of 96 gallons,
11 and that the containers for combustibles are labeled
12 and listed as meeting the requirements of FM Approval
13 Standard 6921.
14 Testing, listing, and labeling is not
15 limited to FM approvals. Other labs can do this.
16 The committee felt that the provisions as approved by
17 the committee were reasonable and provided additional
18 options concerning receptacles. This action by the
19 committee was approved unanimously 28 to nothing.
20 Thank you.
21 DR. MILKE: Thank you, Mr. Klein. With
22 that we can open up debate on the motion and go to
23 microphone number 6.
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1
2 MR. PETERKIN: Jim Peterkin, Heery
3 International, representing the health care section.
4 I'd just wanted to first say that the health care
5 section met and discussed this item and voted --
6 membership and the board voted to support this motion
7 or, I mean, oppose this motion.
8 And then speaking also just -- if
9 anybody's been in the hospitals, they'll notice a lot
10 of these are used for medical records for disposal.
11 You'll see them all over the hospital.
12 And they're supposed to be right now in a
13 hazardous area but it's kind of a violation that's
14 happening everywhere.
15 And this will give us a way of meeting
16 that requirement without having to place them in a
17 hazardous area, and then we would be in compliance.
18 One other thing I'd also like to point
19 out, I'm a member of the NFPA 1 Committee, although
20 I'm not speaking for that committee, but this item
21 was also voted by the NFPA 1 Committee and was
22 approved but, again, I would speak in opposition to
23 this motion.
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1 DR. MILKE: Thank you. Microphone number
2 4.
3 MR. LATHROP: Jim Lathrop, Koffel
4 Associates. In this case we do have a client called
5 Loss Prevention and Investigations. They came to us
6 and said, We have a problem --
7 DR. MILKE: Speaking for or against?
8 MR. LATHROP: Speaking against, sorry --
9 we have a problem in the real world, and that is
10 especially with HIPAA.
11 Everybody sees these large HIPAA
12 containers all over the facility and they're a
13 violation. And so this company came to us and said,
14 Let's let them be bigger.
15 I said, No. You're going to have to give
16 something back to get them bigger and you're going to
17 have to do something.
18 And we found this FM test and we think
19 it's pretty good. It prevents the heat from exposing
20 collaterally. It has a test above it to prevent and
21 make sure that flames coming out will not come out
22 and ignite things above it.
23 If Marcelo's -- Whoever Marcelo's
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1 representing I don't know or whoever Jim Everitt's
2 representing I don't know, but if they have another
3 test method and they want to add that, add that test
4 method. But as it is right now, this is going to be
5 a lot better than what we have out there.
6 DR. MILKE: Thank you. Microphone 5.
7 DR. HIRSCHLER: Marcelo Hirschler, GBH
8 International, for Jim Everitt. There is a
9 significant difference between the --
10 DR. MILKE: Speaking for or --
11 DR. HIRSCHLER: Excuse me. Speaking for
12 the motion. I apologize one more time. There is a
13 clear difference between the alternate approach that
14 is being shown by NFPA 1 for large containers which
15 have to meet the ASTM E1354, the cone test, with the
16 heat release requirement.
17 And if you can see side by side as I have
18 seen, side by side the picture of what happens when
19 you apply a flame, a small flame, to something that
20 simply passed the FM test or something that's made of
21 materials that comply with the cone calorimeter, it's
22 a massive difference, no question about it.
23 So it's not a question that we're
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1 suddenly -- that there's nothing there. Large trash
2 containers, according to NFPA 1, need to comply with
3 the cone calorimeter test and have needed to for a
4 couple of cycles.
5 With regard to comment made by the
6 Technical Committee chair that NFPA 1 accepted
7 this -- NFPA 1 extracted this from 101, which is why
8 Jim Everitt put this NITMAM in because what this
9 would do would -- if this were to go through, would
10 be to make a big exception on the requirements for
11 trash containers in NFPA 1. Thank you.
12 DR. MILKE: Thank you. Microphone 4.
13 MR. LATHROP: Jim Lathrop, Koffel
14 Associates, again speaking against the motion. The
15 test Marcelo's talking about is a test for the
16 container.
17 You've got this big huge container with
18 tons of combustibles in it. The container burning or
19 not burning is almost irrelevant. What this test
20 does is try to maintain the fire within the
21 container.
22 DR. MILKE: Any further discussion on
23 this motion? With that we can go to the vote.
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1 Again, the motion on the floor is to return a portion
2 of a report in the form of a Proposal 101-305a and
3 related Comment 101-237.
4 All in favor of the motion, please
5 indicate by raising your hand. All opposed? The
6 motion fails.
7 We're going to take a short break here
8 meaning five minutes. Now as opposed to the midday
9 break which was a metric ten minutes, this will be a
10 real five and we'll try to stay very close to that.
11 Five minutes please. That takes us to about twelve
12 after.
13 (Whereupon at 4:07 p.m. the meeting recessed and
14 reconvened at 4:13 p.m.)
15 DR. MILKE: All right. So we want
16 to move on to Motion 101-15 please. Microphone
17 5.
18 MR. DANIEL: Thank you, Mr. Chairman. My
19 name is Mike Daniel, Daniel Consulting LTD. I'm
20 speaking for myself on this particular issue. I
21 would like to move acceptance of my Comment 101-239.
22 DR. MILKE: Thank you. There's a motion
23 on the floor to accept Comment 101-239. Is there a
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1 second?
2 FROM THE FLOOR: Second.
3 DR. MILKE: Thank you. We do have a
4 second. Mr. Daniel, please proceed with the
5 discussion on the motion.
6 MR. DANIEL: This motion, which would
7 result in the acceptance of Proposal 101-307 on page
8 101-153 of the ROP, involves allowable locking
9 provisions in Health Care Occupancies and essentially
10 attempts to alleviate the potential application of
11 retroactive requirements on existing facilities.
12 Prior to adoption of the 2009 edition of
13 the code there were essentially three allowable means
14 to lock a door in the means of egress in a health
15 care occupancy; delayed egress, access control sensor
16 device, and based on the clinical needs of the
17 patient which essentially required some means for
18 rapid removal of occupants such as remote control of
19 locks, keying of all locks and keys carried by staff
20 at all times, or other such reliable means available
21 to the staff at all times.
22 As such, pediatric, newborn, and
23 maternity areas were being allowed, by many
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1 authorities having jurisdiction, to be secured under
2 the clinical needs provision.
3 There were, however, some authorities
4 that were questioning whether or not these patient
5 populations actually met the clinical need intent.
6 In an effort to alleviate this concern
7 and confusion, there was an attempt in the 2009
8 edition of the code to rewrite the definition of
9 clinical need to clearly incorporate these areas.
10 The committee decided, however, to break
11 the locking provisions into two separate sections.
12 Number one, where the clinical needs -- again,
13 clinical need -- of patients required specialized
14 security measures or where patients posed a security
15 threat and, number two, where a patient's special
16 needs require specialized protective measures for
17 their safety. So clinical needs and safety.
18 While the requirement for locking for the
19 clinical needs provision remained the same in the
20 2009 edition as in previous editions for both new and
21 existing construction, additional requirements such
22 as sprinkler protection, smoke detector or remote
23 control locks and others, were added to the locking
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1 requirements under the safety provisions.
2 The basic problem is that these
3 additional requirements were added to both the new
4 and existing chapter.
5 While this does not create a significant
6 problem for new health care occupancies given that
7 they're already required to be sprinklered
8 throughout, many existing facilities that were
9 previously being allowed to secure pediatric, infant,
10 and maternity areas of the clinical needs
11 requirements faced non-compliance without the
12 application of retroactive requirements that they
13 wanted to continue to protect these patient
14 populations.
15 While there's obviously a monetary impact
16 to such new requirements, more importantly from an
17 operational perspective, what do these facilities do
18 in the interim to protect these patients while the
19 retroactive requirements are being implemented?
20 First of all, there's definitely still an
21 argument that these populations fit the criteria for
22 clinical need.
23 As an example, in a typical health care
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1 setting you will find infant and pediatric areas
2 intermingled. When children are able to walk, they
3 tend to wander without worry, similar to the same
4 risk as Alzheimer's patients which are clearly
5 delineated under the clinical need provision.
6 Acceptance of this motion will, however,
7 avoid having to worry about such interpretations on
8 the issue while also alleviating the application of
9 potential retroactive requirements.
10 This motion addresses existing facility
11 only as addressed in Chapter 19. It allows existing
12 facilities, existing facilities only, the option
13 under the safety provision to continue to secure
14 these areas under the same previous provisions as
15 they were allowed under the clinical need, the same
16 requirements that both new and existing facilities
17 are currently held to under the clinical need locking
18 provisions.
19 It results in no decrease in the level of
20 safety from previous provisions, provides a proven
21 safe and effective option, and avoids any significant
22 ramifications or risk resulting from the application
23 of retroactive requirements to existing facilities.
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1 As such, I strongly urge you to support
2 this motion. Thank you, with five seconds to spare.
3 DR. MILKE: Well done. Thank you.
4 Mr. Koffel, would you like to make a statement for
5 the committee?
6 MR. KOFFEL: Yes, Mr. Chair. I'd like to
7 offer two comments before asking David Klein to speak
8 to this issue.
9 First off I would note that there are
10 some related comments and in particular Comment
11 101-238.
12 You heard some testimony with regard to
13 whether pediatric units or maternity units qualify
14 under the concept of clinical needs and I think the
15 committee has clarified that in their statement on
16 that public comment.
17 As I stated earlier, one of my tasks is
18 to review the potential correlation problems that
19 might occur as we take action on these various
20 proposals and comments.
21 And in this instance, while I can't speak
22 for the Correlating Committee, I have identified a
23 potential correlation issue within the code if this
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1 motion is accepted.
2 There's one other occupancy that allows
3 this feature in which we will lock people behind
4 doors and rely on staff to respond for those people
5 to egress, and that is detention and correctional
6 occupancies.
7 What is proposed herein is not consistent
8 with the detention and correctional occupancy
9 provisions, however.
10 In order to do this in the detention and
11 correctional occupancies, there are three additional
12 criteria that must be met that are not posed or
13 proposed in this language.
14 One is a response time requirement for
15 staff. The second is the keys are identifiable by
16 sight and touch. And third, that there's a monthly
17 inspection of the door hardware.
18 So in that there is a potential
19 correlation issue. I can't speak as to how the TCC
20 would act on that.
21 With that I'd like to ask David Klein,
22 charge of the Life Safety Technical Committee on
23 Health Care Occupancies to address the specific
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1 issues.
2 DR. MILKE: Mr. Klein.
3
4 MR. KLEIN: Thank you, Mr. Chairman.
5 David Klein, Department of Veterans Affairs, chair of
6 the Health Care Technical Committee.
7 The Health Care Occupancies chapters of
8 the Life Safety Code have long permitted the locking
9 of doors and mind of egress where the clinical needs
10 of patients require specialized security measures or
11 where patients pose a security threat.
12 In the 2009 edition of the code,
13 additional provisions were added that permit door-
14 locking where patients' special needs require
15 specialized protective measures for their safety.
16 The committee points out that special
17 needs are different than clinical needs and the
18 committee established different provisions for
19 locking based on special needs than for locking based
20 on clinical needs.
21 In the case of clinical needs, door-
22 locking is permitted if staff can readily unlock the
23 doors at all times in accordance with 19.2.2.2.6.
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1 The requirements for locking in the case
2 of patients' special needs are more extensive as
3 pointed out by the proponent.
4 The effect of the motion on the floor
5 would be to permit the same provisions for patients'
6 special needs as for patients' clinical needs, which
7 is that door locking would be permitted if staff can
8 readily unlock doors at all times in accordance with
9 19.2.2.2.6.
10 The committee did not agree with this
11 proposed change and stood with the minimum standards
12 that the committee had previously established for
13 door-locking. On this issue the committee vote was
14 20 to 1. Thank you.
15 DR. MILKE: Thank you, Mr. Koffel and
16 Mr. Klein. We will now open up the debate on the
17 motion to accept Comment 101-239. Microphone 4.
18 MR. LATHROP: Jim Lathrop, Koffel
19 Associates, speaking for myself and speaking against
20 the motion. Little quick history here.
21 First of all, the code for decades said
22 that this would be allowed for psychiatric patients,
23 and I think it was about the late 80's or so, with
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1 the dramatic increase in Alzheimer's patients, which
2 are not psychiatric patients, and the issues
3 involved -- and I can actually go to -- didn't call
4 them ROP's and ROC's then but the old TCR's and
5 TCD's -- you can actually go back there and see where
6 it was changed to clinical need based on Alzheimer's
7 and psychiatric.
8 That being said, we all know there's
9 problems with what we have with the infirmaries and
10 the pediatric units.
11 And so over the years people started
12 using the clinical needs as, to be blunt, an excuse
13 to use these provisions.
14 The committee, recognizing this and
15 wanting to fix this, came up with a Task Group to
16 work on the provisions that came out of the 2009
17 edition of the code.
18 I want to emphasize that those
19 provisions, that Task Group, consisted of
20 representatives of ASHI, Joint Commission, DMS, and
21 the American Health Care Association.
22 With all that group together there was a
23 lot of compromise. There were some things some
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1 people wanted more stringent, some people wanted some
2 things less stringent. That's a consensus-based
3 document.
4 And what you came up with is what you see
5 in the 2009 edition of the code. It was a
6 cooperative effort between all organizations.
7 One of the things I do want to point out,
8 if this goes through the only thing that will be
9 required is the staff carry the keys.
10 You can lock just about any patient you
11 want in the hospital with a key and padlock
12 basically, and obviously you won't be using padlocks
13 hopefully. Just a dead-bolt lock. But it's a key-
14 operated dead-bolt lock.
15 Now, based on that, one of the things you
16 want to remember, yeah, there are some new
17 requirements here but they're not new because
18 technically you shouldn't have been doing this in the
19 past.
20 But one of the things you've got to
21 remember here is the fact that there really is
22 nothing that onerous going on here.
23 First of all, yes, it does require
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1 sprinkler protection but we've already heard, first
2 of all, all the nursing homes are going to have to be
3 sprinklered.
4 And existing health care hospitals, we've
5 already been told that around 89 percent are already
6 fully sprinklered.
7 And there is an annex note talking about
8 buildings that are non-sprinklered or partially
9 sprinklered and some of the stuff that can be done.
10 The other thing is smoke detection.
11 Well, I'm actually one of those that wanted the smoke
12 detection and the remote release, but it ended up
13 being smoke detection or remote release, so I don't
14 think that's overly onerous anyhow.
15 If that was really the concern, being
16 overly onerous for existing facilities, it would have
17 been much better to just put in existing previously
18 approved installations.
19 Because if somebody previously approved
20 it, maybe they'll continue to allow it under
21 existing. I don't think this is really going to have
22 the impact that's being told here.
23 Now, one of the things it does say is
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1 that as long as staff carry the keys at all times.
2 And I don't like to bring up incidental anecdotal
3 incidents, but just about two months ago I was going
4 through a facility, a psychiatric facility that is
5 allowed to be key-locked with keys.
6 And the first thing we've did, we went up
7 to a key staff member on the floor and said, Okay,
8 let's do a little drill. Let's unlock the doors.
9 And they said, Oh, hold on a second.
10 I've got to go. I'll be right back. And the chief
11 engineer that I was with said, Where are you going?
12 He says, Oh, I forgot my keys in the car
13 today. I've got to go get a set of keys. So this
14 stuff does happen in the real world.
15 I think we're doing a big disservice
16 expanding this. I would not oppose it at all if the
17 proponent wanted to go with a complaint to the
18 Standards Council and say, Let's put previously
19 approved existing in there.
20 That probably wouldn't be a huge problem
21 because it would say previously approved existing.
22 DR. MILKE: Thank you. Microphone number
23 3.
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1 MS. McLAUGHLIN: Yes. Susan McLaughlin,
2 MSL Health Care Consulting speaking on behalf of the
3 health care section and speaking in favor of the
4 motion on the floor.
5 The health care section, at its meeting
6 yesterday morning, voted to support this motion.
7 Thank you very much.
8 DR. MILKE: Thank you. Microphone 5.
9 MR. ACRE: Paul Acre, AHJ, Arkansas.
10 I'm speaking in support of the motion. Historically,
11 use of the code -- as an AHJ you don't always have
12 the perspective of the history and you have to take
13 the clinical needs of the patient base within the
14 context of the way it's presented in the code itself.
15 I have traditionally -- I have worked
16 with facilities on the application of the use of the
17 code regarding clinical needs and the use of locking
18 arrangements that required or allowed staff to be
19 responsible for egress.
20 I've never encountered an instance in
21 which it constituted locking an infant and mother in
22 their room.
23 It normally encompassed or it has always
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1 in my experience encompassed the control of a suite
2 or wing space. And anyway, again, I'm in support of
3 this and I think it would be a disservice to go
4 backwards on this.
5 DR. MILKE: Thank you. Any further
6 discussions on Motion 101-15 to accept Comment
7 101-239? Microphone 4.
8 MR. LATHROP: Jim Lathrop, Koffel
9 Associates, one more time. I hope you all have a
10 copy of the 2009 edition of the code because you
11 really need to see what this is going to do.
12 It going to take 19.2.2.5.2. which could
13 be applied to emergency departments, it could be
14 basically applied to any department in the building,
15 and it's going to say, Instead of doing this stuff
16 that's listed there, you can just look the doors
17 period with key locks.
18 DR. MILKE: Thank you. Any further
19 discussion? Seeing none, we will move to a floor
20 vote. Again, the motion on the floor is to accept
21 Comment 101-239. All in favor raise your hands. All
22 opposed. The motion fails.
23 We've been informed that the maker of
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1 Motion 101-16 is not pursuing that motion, so we move
2 on. Similarly we've been informed that the maker of
3 Motion 101-17 and, while we're at it, 18, will not be
4 pursuing either of those motions.
5 So that takes us to 101-19. At the risk
6 of surprising the person for that motion, who may not
7 be near a mike yet -- Motion 101-19 please.
8 Microphone 5.
9 MR. PETERSON: My name is David Glenn
10 Peterson. I'm currently employed at the University
11 of New Hampshire, associate university architect.
12 I'm here today as designated
13 representative of Michael Anthony of the University
14 of Michigan and Ted Wagner, the University of
15 Nebraska, the original submitters of this proposal
16 sponsored by the Educational Facilities Management
17 Administrators, known as EFMA. I move to accept
18 Comment 101-277.
19 DR. MILKE: Okay. Thank you. There's a
20 motion on the floor to accept Comment 101-277. Is
21 there a second?
22 FROM THE FLOOR: Second.
23 DR. MILKE: Thank you. Please proceed
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1 with the discussion on the motion.
2 MR. PETERSON: I've been asked to say a
3 few words in support of EFMA's proposal to establish
4 new chapters under NFPA 101 to regulate new and
5 existing student resident facilities as a separate
6 occupancy type.
7 Much of the rationale for this offering
8 was laid out in the original proposal, but I would
9 like to highlight several of the key factors we feel
10 demand separate recognition of these facilities.
11 First of all, they are totally unlike the
12 type of facility they're currently lumped in with,
13 hotels.
14 Hotels and motels are self-contained
15 businesses typically providing short-term overnight
16 accommodations to responsible adults, primarily only
17 for sleeping, and do not have an intimate familiarity
18 with the building.
19 While these facilities have some typical
20 guest amenities such as restaurants and pools, the
21 buildings generally tend to be formulaic in their
22 layout and architectures with multiple stories served
23 by double loaded corridors leading to egress
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1 stairwells at their ends.
2 Residents halls, on the other hand, are
3 run by educational institutions in support of their
4 academic missions and intended for a longer-term
5 occupancy.
6 This permits a greater familiarity with
7 the facility but is an occupancy that is primarily
8 inhabited by minors who by definition cannot be
9 relied upon to be responsible for their actions.
10 For this reason, these facilities are
11 staffed with full-time round-the-clock employees
12 trained to deal with a range of emergencies that can
13 be typically encountered.
14 Because they are dealing with minors,
15 educational institutions are seen as having in loco
16 parentis fiduciary responsibilities to act in the
17 best interest of the students, whereas at hotels the
18 staff's primary emphasis is hospitality.
19 Furthermore, today's residence halls are
20 anything but formulaic, including -- some built on my
21 own campus are a mix of apartments, suites, double
22 doubles, and single-occupant rooms.
23 These kinds of facilities make for
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1 interesting architectural arrangements of space and
2 are complex in interior floor plans that don't always
3 have intuitively obvious exit routes.
4 Cooking facilities both in individual
5 rooms and communal kitchens, as well as food service
6 facilities, are becoming more common if not the norm.
7 A trend towards living and learning has
8 created buildings that have increasing amounts of
9 assembly space within them.
10 Classrooms, recreation halls, movie,
11 concert, and dance venues are becoming increasingly
12 common in these newer facilities.
13 I think it's worth spending a few moments
14 to elaborate on the propensities of the occupants of
15 the student residence halls and ask you to consider
16 your own experience as a student.
17 It's not hard to generate a list of
18 activities that commonly occur in resident halls that
19 constitute a danger in facilities.
20 Even in buildings where cooking or
21 dangerous appliances are prohibited, they are
22 commonly found.
23 As the code manager for a campus in
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1 New York state, it was my responsibility to respond
2 to every alarm in the building for reoccupancy in
3 conjunction with the local fire department.
4 On more than one occasion I responded to
5 subsequent alarms caused by a fire resulting from
6 misuse of a prohibited appliance.
7 The prohibited appliance would be
8 confiscated. A second alarm would occur on the same
9 night generated by the same students who had simply
10 found another appliance nearby and started another
11 fire.
12 There is also propensity for embers and
13 open flames in such things as candles, incense, and
14 smoking, all in the presence of copious combustibles.
15 Heat-generating appliances, ignition
16 sources, and large quantities of introduced
17 combustibles of this type would rarely be found in a
18 hotel brought in by a hotel guest but are commonplace
19 in residence halls.
20 Beyond things students bring and use in
21 the room, there are behaviors, not only behaviors
22 that increase the likelihood of fires starting, but
23 behaviors that increase the likelihood of them
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1 becoming a victim.
2 It is well-known that students are more
3 likely to experiment with drugs and alcohol, to be
4 intoxicated to the point of incapacitation.
5 They're more likely to engage in other
6 risky behaviors that increase the chances of fires
7 and other emergencies.
8 This environment also breeds complacency
9 in emergency response, making training staff an
10 important part of the overall safety plan.
11 I remember in my own experience in
12 college dorms that I was subject to frequent false
13 alarms, so much so that some of my hall mates and I
14 set up beds beneath our own beds so that we could
15 continue to sleep when the alarms went off in the
16 middle of the night.
17 Thank God I was sleeping elsewhere the
18 night an arson fire was set less than 50 feet from my
19 door.
20 Opponents may argue that dormitory fires
21 are rare and fatalities even rarer, but just because
22 headlines aren't filled daily with one campus tragedy
23 after another is not a reason to not be proactive and
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1 make the change to the code that could improve the
2 safety of both occupancy types.
3 Across the country there are many older
4 and historic Type III and Type V construction
5 residence halls that have no sprinklers, no enclosed
6 egress stairs, inadequate fire staffing, which are
7 combustible filled and thermals waiting to happen.
8 Even with newer construction --
9 DR. MILKE: 30 seconds.
10 MR. PETERSON: -- the trend in campus
11 residence halls over the last several years has been
12 outsourced to private developers who sometimes
13 operate student housing for a lease period, generally
14 on campus property occupied by the students, referred
15 by the school, until the facility is handed over at
16 the conclusion of the lease.
17 The incentive for the private developer
18 is to build as economically as possible, often Type V
19 for construction and the minimum requirements
20 necessary. I urge support of the motion. Thank you.
21 DR. MILKE: Thank you. Mr. Koffel, would
22 you like to offer the committee's position?
23 MR. KOFFEL: Yes. Again, I will offer
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1 comments with regard to potential conflicts that
2 could occur if this motion is accepted.
3 First off, I'd like to commend the
4 proponent. To draft new chapters in this document is
5 not necessarily easy and overall it appears to be a
6 very good effort on the part of the proponent.
7 However, with regard to the occupancy
8 classification, I did not detect any change to
9 Chapter 6 that would define this as an occupancy
10 classification.
11 With regard to 34.1.2, multiple
12 occupancies, I did not find any proposals to Chapter
13 6 that would address how to deal with the separation
14 in a separated occupancy approach.
15 In Table 34.3.2.2.2 and some other
16 locations, kitchen has been added as a hazardous
17 area. That's not typical throughout the code.
18 And the protection method is defined as
19 chemical suppression, and I'm not sure that's well
20 defined.
21 In 34.6 there's a reference to egress
22 windows. I'm almost positive -- I know what the
23 proponent is seeking, but again, that's not
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1 necessarily well defined in the code.
2 With those correlation comments, I would
3 also ask Warren Bonisch, chair of the Life Safety
4 Technical Committee on Residential Occupancies, to
5 present the committee's view.
6 DR. MILKE: Mr. Bonisch.
7 MR. BONISCH: Thank you, Mr. Chair.
8 This is Warren Bonisch with Aon Fire Protection and
9 chair of Residential.
10 All of the committee members except one
11 reject the proposal. The basis of -- the committee
12 included universities.
13 We specifically had a follow-up call with
14 the committee about a month ago asking if there was
15 any specific concerns with changes of the current
16 document, and they all indicated that the current
17 chapters as written were fine.
18 There was numerous technical issues that
19 the committee represented in the substantiation with
20 the current proposal, and I'd like to stand with the
21 document as published.
22 DR. MILKE: Thank you. With that we can
23 open up debate on the motion. We go to microphone 4.
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1
2 MR. LATHROP: Jim Lathrop, Koffel
3 Associates. I'm speaking for myself. I'm a member
4 of the residential committee but not speaking for the
5 committee. One thing I'd like to add --
6 DR. MILKE: Are you for or against?
7 MR. LATHROP: Against. One thing I'd
8 like to add to Warren's comments is the committee
9 made a pretty good analysis of the proposed chapters
10 and he could only find about six things that were
11 different and took at least one of those -- I think
12 it was -- dealt with exit drills -- and did
13 incorporate it into the hotel and motel chapter.
14 As Mr. Koffel said, I commend the
15 submitter for the work, but we really needed to see
16 something that was different and, not only just
17 different, but addressed the hazards or the problems
18 that the proponent was talking about.
19 DR. MILKE: Any further discussion?
20 Seeing none, we'll move on to a vote on the motion.
21 Motion on the floor is to accept Comment 101-277.
22 All in favor, please raise your hands. All opposed?
23 That fails.
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1 Moving on, we've been advised that the
2 submitter of 101-20 will not be pursuing that motion.
3 Similarly, the submitter of 101-21 will not be
4 submitting that motion.
5 Next motion NFPA 101-22 is on our agenda.
6 However, no one signed in within the proper time
7 frame to make the amending motion.
8 Therefore, in accordance with NFPA rules
9 the motion may not be considered by the assembly as a
10 Certified Amending Motion and is removed from the
11 agenda. We now move on to the next motion. That is
12 Motion 101-23.
13 DR. HIRSCHLER: Mr. Chairman, Marcelo
14 Hirschler, GBH International, for NAFRA. I would
15 like to move at the same time 101-303 and 101-307.
16 They're the same exact issue so if you
17 don't mind, let's combine the two. I move to accept
18 Comment 101-303 and 101-307. Same issue, same
19 committee.
20 DR. MILKE: Hold on please. Give us a
21 minute to caucus on this a bit to confirm it's an
22 appropriate motion.
23 DR. HIRSCHLER: We're going to waste more
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1 time otherwise --
2 DR. MILKE: Okay. We've caucused up here
3 and decided we can treat those as a group amending
4 motion. These are two different occupancies you're
5 addressing but, nevertheless, we do need a second on
6 this.
7 FROM THE FLOOR: Second.
8 DR. MILKE: Thank you. Doctor Hirschler,
9 please.
10 DR. HIRSCHLER: Thank you. This is
11 similar to what we've done before with one exception,
12 where we're dealing in the first one with the -- with
13 one occupancy and other one with storage occupancy --
14 industrial occupancy and storage occupancies.
15 Sorry. In Chapter 40 with industrial
16 occupancies, and Chapter 42 with storage occupancies,
17 which are not sprinklered.
18 So one of the key arguments that was
19 raised before -- the other issues were not taken
20 because we're dealing with sprinklered occupancies.
21 These are not sprinklered occupancies.
22 And all this asks in both cases is that
23 the smoldering requirement for upholstered furniture,
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1 mattresses -- Those for mattresses have been required
2 in the United States for 40 years. Those for
3 upholstered furniture have been applied by all the
4 manufacturers for over 33 years. That they apply for
5 new upholstered furniture and mattresses. That's all
6 in both cases. Thank you.
7 DR. MILKE: Thank you. Mr. Koffel, would
8 you like to take it for the committee?
9 MR. KOFFEL: Yes, and the person who was
10 going to represent the Technical Committee on
11 Industrial Occupancies is no longer present.
12 If there is another committee member,
13 they can offer a view from the microphone but in
14 absence of that I will attempt to do that.
15 In reviewing these proposals and
16 comments, I think the committee has stated that they
17 do not believe that the introduction of upholstered
18 furniture into an industrial occupancy or warehouse
19 occupancy represents a hazard sufficient enough to
20 require the additional testing.
21 And I might offer the example of a
22 furniture warehouse. This would require the
23 furniture that's in the warehouse to be used to meet
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1 a certain test standard where the furniture that's
2 stored in that warehouse might not meet that same
3 standard. So with that I'll return it to you
4 Mr. Chair.
5 DR. MILKE: Thank you. We can open up
6 debate on the motion. Again, the motion on the floor
7 is a group motion at this point to accept Comment
8 101-303 and 101-307.
9 Again, those are motions 101-23 and
10 101-24 for those of you keeping score. Any
11 discussion please? People at the mikes? Anything
12 further? Mike 5.
13 DR. HIRSCHLER: Marcelo Hirschler, GBH
14 International, for NAFRA, in support. Find out that
15 we had not so long ago a massive fire in a storage
16 occupancy where upholstered furniture was stored.
17 That issue would have been heat release
18 but if you put new furniture in a storage occupancy,
19 why are you going to try to get furniture that
20 doesn't meet the smoldering requirement when all the
21 furniture that's sold in the United States meets it?
22 And, two, if you're going to put
23 mattresses, are you going to illegally import
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1 mattresses that don't meet just to make sure that you
2 don't require to meet? Please. This is common
3 sense. Thank you.
4 DR. MILKE: Thank you. Any further
5 discussion? Seeing none we move to a vote. Again,
6 this is now a group motion where we're debating or
7 considering Comment 101-303 and Comment 101-307.
8 All in favor of the motion raise your
9 hands. All opposed? Motion fails. Anything further
10 discussion on this document?
11 Hearing nothing we will move on to NFPA
12 5000. Thank you very much, Mr. Koffel, and all of
13 the committee people that have helped out here.
14 MR. KOFFEL: Thank you.
15 DR. MILKE: The next report under
16 consideration this afternoon is that of the Technical
17 Correlating Committee on Building Code.
18 Here to present the committee report is
19 the Technical Correlating Committee chair James
20 Quiter. The committee report can be found in the
21 blue 2011 Annual Revision Cycle ROP and ROC.
22 The Certified Amending Motions are
23 contained in the Motions Committee report and behind
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1 me on the screen. We will proceed in the order of
2 the motion sequence number presented. Mr. Quiter,
3 MR. QUITER: Mr. Chair, ladies and
4 gentlemen. The Building Code Technical Correlating
5 Committee is presenting one report for adoption and
6 can be found in the Report on Proposals and Report on
7 Comments for the 2011 Annual Revision Cycle.
8 The Technical Committees and Technical
9 Correlating Committee of the building code have
10 published a report consisting of a partial revision
11 of NFPA 5000 Building Construction and Safety Code.
12 The report was submitted to letter ballot
13 of the Technical Correlating Committee and the
14 Technical Committee.
15 The ballot results can be found on pages
16 5000-9 to 5000-155 of the Report on Proposals and
17 pages 5000-9 to 5000-96 of the Report on Comments.
18 The presiding officer will now proceed
19 with the Certified Amending Motion.
20 DR. MILKE: Thank you. We'll move on
21 with the discussion of Certified Amending Motion,
22 starting off with Motion 5000-1. We go to microphone
23 1 for a likeness of Mr. Thornberry who supplied this
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1 motion.
2 MR. BEITEL: I'm going to get you for
3 that. Jesse Beitel, Hughes Associates. I believe
4 I'm the designated representative for Mr. Thornberry
5 and you should have the paperwork up there. And with
6 that, we will withdraw this amending motion.
7 DR. MILKE: Well, thank you very much.
8 For the record, you were the proper designated
9 representative for Mr. Thornberry and we will move on
10 then to the next motion which is 5000-2. Microphone
11 5.
12 MR. HOLLAND: Joe Holland, Hoover Treated
13 Wood Products move to accept the motion for returning
14 -- to accept Comment 5000-45a.
15 DR. MILKE: Is there a second?
16 FROM THE FLOOR: Second.
17 DR. MILKE: Thank you. We have a second.
18 Please proceed with the discussion of the motion.
19 MR. HOLLAND: There are a couple things
20 going on here. The TCC made a recommendation that
21 certain parts of 90A be extracted into 5000.
22 In addition to that, they also wanted to
23 retain a provision that has been in the 5000 building
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1 code since it was implemented in 2002, and that
2 provision has to do with permitting the use of fire
3 retardant-treated wood in a plenum.
4 The TCC when they reviewed this said, We
5 like what you did, Technical Committee, but by
6 including the fire retardant-treated wood, that's
7 more than an extract from 5000 and you're creating a
8 conflict.
9 So what we did is -- The reason why we
10 submitted this motion to accept 45a is because based
11 on our review of the pertinent documents having to do
12 with 90A 5000 and also Standards Council decision,
13 there is no conflict.
14 Because what I did is I looked in the
15 scope for Standard 90A in section -- I believe it's
16 1.3.1 -- I could be wrong about that number because I
17 didn't write that down, but it says, This standard
18 shall apply to all systems for the movement of
19 environmental air in structures that serve the
20 following. And then there's four examples.
21 One. Spaces over 25,000 cubic feet in
22 volume. So if you're less than 25,000 cubic feet
23 this does not apply. This standard does not apply.
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1 Two. Buildings of Type III, IV, and V
2 over three stories regardless of the volume. So if
3 you're a Type III, IV, or V building less than three
4 stories, this does not apply.
5 But the real crux of it is in number 3.
6 It says, Buildings and spaces not covered by other
7 applicable NFPA standards.
8 I think 5000 is an NFPA standard.
9 5000 has said that we want to include fire
10 retardant-treated wood, allow that in the plenums of
11 buildings and because 90A says if there's another
12 standard with a provision in it, then that's okay.
13 So there is no conflict.
14 It also cited 101. 101 doesn't have any
15 provisions in it about that, so there's no conflict
16 there either.
17 So it was -- The TCC had some bad
18 information about creating a conflict, because I just
19 read number 3 in the scope of the standard that says
20 if there's other NFPA standards, then that's fine,
21 90A does not have to apply.
22 The second thing has to do with I sit on
23 the committee and we've been told that, Oh, the
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1 Standards Council has made a decision. So I asked
2 for a copy of the Standards Council decision.
3 And what the Standards Council decision
4 says is that for the National Electrical Code and for
5 cables and those sort of things, that 90 A controls.
6 Doesn't say anything about the building code.
7 So again, the TCC was given erroneous
8 information about, one, the Standards Council
9 decision and, two, the applicability of 90A.
10 So what we're asking is that Comment
11 5000a as passed by the unanimous, I must say -- by
12 the Technical Committee be approved. Thank you.
13 DR. MILKE: Thank you. Mr. Quiter, would
14 you like to offer the committee position?
15 MR. QUITER: Yes. Normally I would defer
16 directly to the committee chairman but as Mr. Holland
17 rightly points out, the change was made by the
18 Technical Correlating Committee.
19 He is right also about the reason, and
20 that is we view there is a conflict with NFPA 90A and
21 that is the reason that the change was made.
22 With that I would like to defer to Joe
23 Versteeg who is chairman of the Technical Committee
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1 on Building Construction.
2 DR. MILKE: Mr. Versteeg.
3 MR. VERSTEEG: Good afternoon. Joe
4 Versteeg, chairman of the Building Construction
5 Committee. That's essentially correct.
6 The history of this was that the section
7 dealing with plenums was -- the choice was either to
8 just simply refer to 90A or to extrapolate the text
9 from 90A.
10 The committee chose to extrapolate the
11 text from 90A and also leave in the provisions for
12 fire retardant-treated wood. It was the TCC that
13 changed it.
14 The substantiation of the committee was
15 that the committee had not received any supporting
16 documentation that fire retardant-treated wood in a
17 plenum had been a problem, and that's why the
18 committee kept that position.
19 DR. MILKE: Thank you. Microphone 2.
20 DR. HIRSCHLER: Marcelo Hirschler, GBH
21 International, for NAFRA and in opposition to the
22 motion.
23 It has been pointed out here that the
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1 Standards Council made a decision years ago that all
2 materials that go into plenums are regulated by 90A,
3 and that both the National Electrical Code, NFPA 70,
4 the Life Safety Code, NFPA 101, and the Building
5 Code, NFPA 5000, should just simply refer to 90A.
6 And at the time, I wrote to Standards
7 Council I said that was a mistake. However, my
8 opinion was not taken.
9 Now, we have to accept that. We can't
10 just keep going back from jurisdiction. I'm a member
11 of the 90A Committee and we are working very
12 carefully every cycle on the issues and what is
13 acceptable and what's not acceptable for 90A.
14 You heard that -- some of that discussion
15 before. This is a moot point. The assembly should
16 not stand here and overturn Standards Council
17 decisions that we made years ago. Thank you. I urge
18 you to reject the motion. Thank you.
19 DR. MILKE: Thank you. Microphone 4.
20 MR. KOFFEL: Bill Koffel, Koffel
21 Associates, speaking for myself, in opposition to the
22 motion.
23 Marcelo just addressed a conflict between
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1 90A and 5000 if you accept this motion, so I'll
2 address the conflicts between 101 and 5000.
3 NFPA 101 references NFPA 90A directly.
4 NFPA 90A does not allow fire retardant-treated wood
5 to be exposed to the air flow in a plenum.
6 If you accept this motion, NFPA 5000 will
7 allow fire retardant-treated wood to be exposed to
8 the air flow in a plenums.
9 Therefore you will have a permitted use
10 in the NFPA 5000 for something that NFPA 101 does not
11 permit. Thank you.
12 DR. MILKE: Microphone 5.
13 MR. HOLLAND: Joe Holland, Hoover Treated
14 Wood, speaking in support of the motion. I want to
15 read to you -- I guess the first thing I want to do
16 is read to you the Standards Council decision.
17 Like I said, when I got this I said I'd
18 like to see a copy of the decision. So this is
19 actually what it says:
20 Jurisdiction over combustibles in
21 plenums. As the Council has indicated earlier in
22 this decision, the Technical Committee on Air
23 Conditioning rather than the NEC project has for many
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1 years and should continue to have primary
2 jurisdiction over air distribution systems including
3 the subject of combustibles such as cables and ducts,
4 plenums and other handling spaces.
5 So apparently there was something going
6 on between the NEC and the 90A and I'm not privy to
7 that information, but this only applies to the NEC
8 project, so what it says is the National Electric
9 Code has to defer to 90A.
10 I read you the scope that says if other
11 standards have provisions in them, they apply.
12 There's no conflict. I don't know where these people
13 are coming from with the conflict.
14 The standard clearly says there's no
15 conflict. If other NFPA standards have provisions in
16 them, then that's what you use. You use the other
17 provision. There's no conflict.
18 I also -- This Standards Council -- I
19 should tell you, the decision was made in July of
20 2005.
21 If this is to be -- Let's say that we
22 don't prevail and you do decide not to accept the
23 motion. If you do that, 5000 does not have any
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1 provisions in it that doesn't say, you know, if you
2 go back in and remodel a building, that it's not
3 retroactive.
4 So you've got all these buildings with
5 fire retardant-treated wood that have been allowed
6 since 2002 that now won't be able to comply with the
7 building code.
8 So now we've got nonconforming buildings.
9 We're making headaches for the AHJ, what are they
10 going to do.
11 So it doesn't make sense to take
12 something away without some kind of juris -- I mean
13 some kind of documentation that says we've got a
14 problem here other than, Oh, there's a conflict.
15 And as I've already explained to you and
16 demonstrated to you, that the standard says there is
17 no conflict. So we would ask for you to support the
18 motion. Thank you.
19 DR. MILKE: Thank you. Seeing no one
20 else at a mike, it appears we're ready for a vote so
21 we'll go ahead and vote on the motion on the floor
22 which is to accept Comment 5000-45a.
23 All in favor of the motion raise their
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1 hands. All opposed? Motion fails. Moving to
2 5000-3. Microphone 3.
3 MR. HOLLAND: Joe Holland, Hoover Treated
4 Wood Products. This is essentially doing the same
5 thing. What we're saying is we want to return the
6 report back to -- return a -- Oh, I guess I have to
7 make a motion first. I'm sorry.
8 Move that we accept motion to return a
9 portion of the report in the for of proposal 5000-80a
10 and related Comment 5000-45a.
11 DR. MILKE: Thank you. Is there a
12 second?
13 FROM THE FLOOR: Second.
14 DR. MILKE: Okay. Thank you. We have a
15 second. Please proceed with the discussion on the
16 motion, Mr. Holland.
17 MR. HOLLAND: Essentially the same thing
18 but instead of adopting 45a basically what we're
19 saying is leave what's in the building code now, do
20 not accept the changes that have -- that were
21 rejected or approved by the TCC but amended by the --
22 excuse me -- by the TC but amended by the TCC.
23 DR. MILKE: Thank you. Mr. Quiter?
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1 MR. QUITER: On this one I'll defer
2 directly to Joe Versteeg, chairman of the Technical
3 Committee on Building Construction.
4 DR. MILKE: Mr. Versteeg.
5 MR. VERSTEEG: Good afternoon. Joe
6 Versteeg. This essentially would revert back to the
7 2009 wording within the code which leaves in fire
8 retardant-treated wood that is exposed to the
9 plenums.
10 DR. MILKE: Okay. Thank you. With that
11 we can open up debate on the motion. Microphone 2.
12 DR. HIRSCHLER: Marcelo Hirschler, GBH
13 International, for NAFRA, and against the motion.
14 This is the exact same effect as the previous action.
15 It's doing it a different way but, again, it would
16 create the conflict with NFPA 90A. Please oppose
17 this motion. Thank.
18 DR. MILKE: Any further discussion?
19 Microphone 5.
20 MR. HOLLAND: I have a brief comment but
21 I'm waiting for it to load here. The point I'm going
22 to try to make here is that combustibles are allowed
23 in --
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1 DR. MILKE: I'm sorry, excuse me --
2 MR. HOLLAND: I'm sorry. Joe Holland,
3 Hoover Treated Wood speaking for the motion. The
4 point is that combustibles are currently allowed
5 under 90A to be used in the plenums, and that you can
6 have cables and all those sort of things that are
7 combustible.
8 It also allows -- and I'm trying to get
9 down to that section here. There's an inconsistency
10 in that it does allow material used in the ceiling to
11 be exposed to the air flow when the flame spread is
12 25 or less and the smoke developed is 50 or less.
13 Fire retardant-treated wood meets both of
14 those requirements. It has a flame spread of less
15 than 25 and smoke developed of less than 50.
16 So you're really not increasing anything
17 because the whole ceiling can be combustible if it
18 meets that requirement. We hope that you would
19 support the motion.
20 DR. MILKE: Thank you. Any further
21 discussion? Microphone 2.
22 DR. HIRSCHLER: Marcelo Hirschler, GBH
23 International, for NAFRA. Just quickly --
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1 DR. MILKE: For or against?
2 DR. HIRSCHLER: Against the motion. The
3 way the requirement is worded in the existing 5000,
4 FRTW would be permitted to be the material of
5 construction of the plenum.
6 Material of construction of the plenum is
7 not allowed to be a known combustible, a limited
8 combustible. FRTW does not meet those requirements.
9 Material exposed to the air flow in the
10 plenum can meet other requirements but material of
11 construction of the plenum has to be non-combustible
12 or limited combustible and FRTW does not do that.
13 Thank you.
14 DR. MILKE: Any further discussion on
15 this Motion 5000-3? Seeing none we'll move to the
16 vote.
17 Again, the motion on the floor is to
18 return a portion of a report in the form of a
19 Proposal 5000-80a and related Comment 5000-45a.
20 All in favor raise your hands? All
21 opposed? Motion fails. We move on to Motion 5000-4.
22 Microphone 5.
23 MR. PAULS: My name is Jake Pauls. I'm a
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1 sole proprietor, independent consulting, Building Use
2 and Safety. I'm a member of several NFPA TC's and
3 TCC's, serving mostly as an unpaid consumer
4 representative on behalf of the American Public
5 Health Association APHA.
6 I'm formally designated on behalf of
7 comment submitter Eleanor Smith to make the motion
8 for your acceptance of Comment 5000-137 which I now
9 make and on which I will speak in support.
10 FROM THE FLOOR: Second.
11 DR. MILKE: There's a motion on the floor
12 to accept 5000-137. I did hear a second. Please
13 proceed, Mr. Pauls.
14 MR. PAULS: Yes. Your approval of this
15 motion has the effect of recommending that the
16 Standards Council accept my Proposal 5000-164.
17 This proposal introduces a requirement at
18 NFPA 5000 of scoping Section 1005, not 1006 as
19 printed in the goldenrod handout, and that's within
20 the standard on Accessible and Usable Buildings and
21 Facilities designated as ICC/ANSI A117.1, 2009
22 edition. So again, the section is 1005, not 6.
23 Quoting from this standard, quote,
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1 Section 1005 of the standard provides criteria for
2 minimal accessibility features for one- and two-
3 family dwelling units and townhouses which are not
4 covered by the U.S. Department of Housing and Urban
5 Development, HUD, fair housing accessibility
6 guidelines.
7 The largest reason for being before you
8 today is the delayed publication of the standard
9 which we now have.
10 So it was the delayed publication of
11 standard which is being scoped by Proposal 5000-164.
12 The ICC did not release the printed standard dated
13 2009 to the A117 committee members until February
14 2011.
15 During that time between the committee's
16 final deliberations on the standard and availability
17 of the printed standard, many months passed.
18 This included the period during which two
19 responsible NFPA TC's were working on the Report on
20 Comments for NFPA 5000.
21 But early in January 2011, months after
22 ANSI approval, the Building Code TCC did not have the
23 printed standard to review.
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1 Thus, its reason for rejecting comments
2 supporting Proposal 5000-164 was, and I quote in
3 part, The TCC, quote, directs the final action on
4 this comment to be changed to reject. See action on
5 Comment 5000-137, end quote.
6 Now, dealing only with the issues
7 associated with the delayed publication, the TCC
8 concluded, quote, Until such time that the final
9 version is available, the TCC cannot support
10 acceptance of the comment. So it was basically a
11 process saying that the standard was delayed by ICC.
12 With the standard now available widely
13 for some months and with the standard's text
14 previously available to those testifying in
15 opposition today, if anyone does, they were also
16 members of the A117.1 -- sorry -- A117 Committee, so
17 they had the text.
18 But we're in a position today to accept
19 the motion on the floor with the standard published
20 and widely available.
21 Most important today, we must note that
22 two NFPA 5000 Technical Committees have central roles
23 in this consideration.
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1 The most experienced and relevant
2 committee is the Building Systems TC responsible for
3 scoping accessibility generally and NFPA 5000 Chapter
4 12.
5 That Technical Committee not only knew
6 the topic better generally, its members all did the
7 most thorough review of the original proposal and of
8 the comments in the context of their broad knowledge
9 of accessibility in NFPA 5000.
10 The Building Systems TC voted unanimously
11 at both the ROP stage and the ROC stage effectively
12 in support of the motion on the floor today.
13 Turning now to the Residential Occupancy
14 TC, I'm a member of that TC. I disagree strongly
15 with both the approach taken by the TC on this and
16 some prior issues where TC has taken an initial
17 position adverse to the published policies of the
18 APHA.
19 In the past, the TC's initial and in some
20 cases repeated rejections included mainstreaming of
21 the stairway safety requirements for -- that are long
22 adopted in NFPA standards for all buildings other
23 than homes.
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1 Also, in my view, for too long too many
2 members of the TC opposed home sprinklers before they
3 were required in 101 and 5000 several years ago.
4 For over a decade APHA has had public
5 policies encourage and model codes require better
6 stairways and home sprinklers, and now APHA also has
7 a public policy supportive of the motion before us
8 today.
9 From the formal record you might also
10 note, as I did in the residential TC meetings, that
11 those opposed to acceptance of the motion today are
12 on the same side as and with opposing arguments
13 provided largely the National Association of Home
14 Builders.
15 NAHB has fairly consistently taken
16 adverse positions to APHA's public policies both in
17 NFPA and ICC.
18 In summary, the issues today come down to
19 this. First, we should now move beyond the late
20 distribution of the standard. We have strong support
21 from the committee responsible for scoping.
22 Thirdly, we have the formal urging of the
23 world's oldest, largest organization of public health
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1 officials.
2 The goals are, incidentally, both safety
3 and usability. The most challenging aspect is the
4 step-free entrance which is a great safety issue.
5 Thank you.
6 DR. MILKE: We do have a correction. I'm
7 told by staff here that the issue of the section
8 number of the referenced ICC code, that will be
9 editorially changed to reflect the proper section
10 number. Mr. Quiter.
11 MR. QUITER: Yes. Jake is correct in his
12 comments about the TCC action at the ROP stage where
13 we did hold it because of the unavailability of the
14 document.
15 Beyond that, I'm going to defer to Warren
16 Bonisch who is chair of the Technical Committee on
17 Residential Occupancies.
18 DR. MILKE: Mr. Bonisch.
19 MR. BONISCH: Thank you, Mr. Chair.
20 Warren Bonisch with AON Fire, chair of Residential.
21 The committee voted 20 to reject, one abstention, and
22 two negatives.
23 If you look closely at the negatives we
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1 have one from the proponent and one from the Home
2 Builders Association where you see most of the text
3 in the ROC.
4 Basically the committee was concerned
5 that the document was not available. Although Jake
6 was using the word widely available, all the way up
7 through our last meeting where our last vote
8 occurred, we did not have the document to look at.
9 There were multiple concerns related
10 to -- as delineated in the ROC, related to the
11 referenced A117.1 but, again, the document wasn't
12 there to review.
13 Unfortunately, at the meetings there was
14 primarily a discussion between the proponent and the
15 home builders, those two being most familiar with the
16 document, again with the committee not having access
17 to that document.
18 DR. MILKE: Okay. Thank you. We'll now
19 open debate on the motion. Again, please provide
20 your name and affiliation and whether you're speaking
21 in support of or against the motion. Microphone 5.
22 MS. GIBBS: I'm speaking on behalf of
23 Motion 5000-4. My name is Kathy Gibbs. I'm director
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1 of training at the Institute For Human-Centered
2 Design, a non-profit organization located here in
3 Boston that works to expand opportunities and enhance
4 experience of people of all ages through excellence
5 in design.
6 I provide technical assistance on the
7 Federal Fair Housing Act, the Americans With
8 Disabilities Act, the International Building Code,
9 and ANSI accessibility standard throughout the U.S.
10 We encourage NFPA to take this important
11 step and adopt scoping requirements for Type C
12 dwelling units as specified in technical requirements
13 of the ANSI National Accessibility Standards.
14 We see adoption of Type C units as
15 closing a major hole in national accessibility
16 requirements.
17 NFPA addresses safety, usability, and
18 accessibility in public buildings. NFPA addresses
19 accessibility, usability, and safety in multi-family
20 housing.
21 It's time to take this next step of
22 adopting these very minimal accessibility
23 requirements for one- and two-family dwellings.
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1 Quoting from NFPA's mission statement,
2 Reducing hazards on the quality of life in codes and
3 standards is part of our mission.
4 Although Type C units are called
5 visitable units, their importance goes beyond
6 visibility.
7 Yes, Type C units allow people with
8 mobility disabilities to visit their family and
9 friends and to use the bathroom.
10 But just as importantly, they support the
11 independence, functionality, and safety of people who
12 live in these residences.
13 For people who already have mobility
14 disabilities, Type C units will expand housing
15 options, and for the majority of us, Type C units
16 will allow us to stay home and function safely as we
17 acquire mobility impairments, either temporarily or
18 permanently. And we will.
19 According to the U.S. Census Bureau, at
20 the end of the 20th century approximately 35 million
21 people were 65 or older. The Bureau estimates that
22 figure doubling to 70 million by 2030.
23 And according to the National Center For
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1 Health Statistics, approximately 22 million people
2 age 65 and older reported physical difficulties
3 functioning. That's two-thirds of the aging
4 population.
5 The current design of homes with steps at
6 all entrances, narrow interior doors, and small
7 bathrooms, force people to either live unsafely in
8 their home, to move to expensive assistive-living
9 situations which most of us can't afford, or to be
10 institutionalized in nursing homes.
11 One of the major inquiries we get at the
12 Institution for Human-Centered Design concern home
13 modifications for people who are leaving the hospital
14 or rehabilitation center.
15 Although it's often possible to modify a
16 home to support a person with a mobility impairment,
17 renovations are more costly than having basic
18 accessibility features included at construction, and
19 there's very little public or private funding for
20 home modifications.
21 A 2003 AARP respondent said that cost
22 was the major reason they did not make needed home
23 modifications such as widening doors, ramping an
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1 entrance, or increasing the bathroom size to fit a
2 walker or wheelchair.
3 What are the health hazards and safety
4 risks for continuing as we are? Increased falls as
5 people struggle with steps and the difficulty of
6 negotiating a door at the top of the steps which is
7 often a hazardous situation, increased injury for
8 family members and caregivers who carry people in and
9 out of homes so they can go to doctor's appointments
10 an participate in the world outside of their home,
11 complete isolation for those unable to even negotiate
12 steps or for people who don't have caregivers able to
13 lift them, difficulty or inability to use the
14 bathroom resulting in people drinking less fluid to
15 reduce need for urination which can lead to kidney,
16 bladder, and other infections.
17 Again, caregivers are greatly stressed if
18 a person they are taking care of cannot function in
19 the bathroom.
20 To summarize, I encourage NFPA to broaden
21 its horizons, to take the lead, and to adopt this
22 next generation of minimal accessibility and safety
23 design for one- and two-family homes. Thank you very
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1 much.
2 DR. MILKE: Thank you. Microphone 6?
3 Microphone 3 then.
4 MR. RICKARD: My name is John Rickard of
5 Olicon Design and I rise to speak in favor of the
6 motion.
7 I'm current chair of the NFPA 5000
8 Technical Committee on Building Systems which has
9 responsibility for Chapter 12, Accessibility, though
10 I'm not authorized to speak on behalf of the
11 committee.
12 The Technical Committee on Building
13 Systems looked at Comments 5000-140, 5000-140a, which
14 are essentially identical to Comment 5000-137.
15 A little bit of background with respect
16 to accessibility. NFPA 5000 provides scoping
17 direction indicating where accessibility is required,
18 and ANSI 117.1 provides technical requirements
19 indicating how accessibility is to be ensured where
20 required by the scoping.
21 To date the scoping provisions of the
22 accessibility chapter of NFPA 5000 are consistent
23 with every technical provision of ANSI 117.1.
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1 This consistency was the key part of the
2 Building Systems Technical Committee's discussion
3 regarding Comments 5000-140 and 5000-140a.
4 Building Systems Technical Committee
5 voted to accept in principle the accessibility
6 provision at the ROP stage because the addition of
7 ANSI 117.1 that addressed the accessibility of Type
8 II residences was not yet available.
9 This edition of ANSI 117.1 is now
10 available. The text was available to us at the ROC
11 stage and we were able to review it and it is not
12 changed in the final document, and the Building
13 Systems Technical Committee accepted the disability
14 provisions at the ROC.
15 The vote was unanimous in recognition of
16 the committee's strong support of NFPA's policy to
17 reference sister consensus standards, which ANSI
18 117.1 is, without modification. Thank you.
19 DR. MILKE: Microphone 6 now.
20 MR. LOSKEY: David Loskey speaking on
21 behalf of the National Association of Home Builders.
22 I want to just point out a couple technical problems
23 with the testimony that was just given.
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1 DR. MILKE: Are you speaking for or
2 against please?
3 MR. LOSKEY: Speaking against the motion.
4 DR. MILKE: Thank you.
5 MR. LOSKEY: Previously you just heard
6 that the ROC -- at the ROC stage for both Building
7 Systems Council and the Building Residential
8 Committee that the ICC standard was not available
9 and not published.
10 It was also not published at the TCC
11 meeting that was held in January of 2011, and that
12 was the reason why the TCC overturned the Building
13 Systems approval of the proposal.
14 Now, they did this because the
15 regulations for governing committee projects requires
16 that all standards are available for the Technical
17 Committees to review and approve. That did not
18 happen because we did not have a copy of it.
19 Now, some of the problems that I have
20 with the proposal that is trying to be approved today
21 is it gives you a couple of exceptions.
22 The very last one, They meet the site
23 impracticability test set out in Section 12.33.3.2.4
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1 or the base flood elevation conditions set out in
2 Section 12.33.3.2.5. Those only apply to Type A and
3 Type B units.
4 When this proposal was first proposed to
5 the committee, they did not take into account that
6 they needed to go back and address the exceptions for
7 the flood elevations and the terrain to also include
8 the Type C units.
9 If this gets approved and if you go to
10 NFPA 5000 and look for the exception of Type C units
11 for those two exceptions, you'll not find them
12 because they're not in the building code.
13 The second thing I'd like to point out is
14 there was a lot of discussion about the A117
15 standard. We had drafts of what the language had.
16 That language required that there was a
17 circulation path. That path consisted of access from
18 outside the dwelling to the interior of the dwelling.
19 There was no exceptions in A117 saying
20 that if you were in a flood zone or if you had
21 topographical conditions that would prohibit a ramp,
22 that that unit did not have to be accessible.
23 The A117 standard also says if you could
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1 not meet the ramp conditions, that you would have to
2 put in elevators, lifts, wheelchair access.
3 That information wasn't provided to the
4 building residential committee. The reason that the
5 committee disapproved it was because there were so
6 many requirements inside the new Type C dwelling
7 units representing other parts of the A117 standard
8 that was unavailable for us to review and see how
9 this was going to change residential construction. I
10 urge you to disapprove this motion.
11 DR. MILKE: Thank you very much.
12 Microphone 5 please.
13 MR. MUEHE: Good afternoon. My name is
14 Michael Muehe. My affiliation is the Cambridge
15 Commission for Persons with Disabilities and I speak
16 in favor of the motion.
17 I'm executive director of the Cambridge
18 Commission for Persons with Disabilities here in
19 Massachusetts. I'm also the ADA coordinator for the
20 City of Cambridge.
21 The mission of our commission is to
22 promote a more accessible and welcoming city for all
23 people with disabilities in all aspects of Cambridge
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1 community life.
2 I welcome this opportunity to speak in
3 favor of the motion to establish scoping requirements
4 for Type C housing units.
5 Following the civil rights movement in
6 the 1960's, people with disabilities began their own
7 movement in the 1970's demanding equal right in areas
8 such as housing, transportation, employment, public
9 accommodations, and government services.
10 Parallel to the disability rights
11 struggle emerged an independent living movement begun
12 by people with disabilities demanding equal
13 opportunity to live independently in the community
14 with the necessary support services like personal
15 assistants and accessible housing and transportation
16 to ensure decent quality of life.
17 Over the past two decades since the
18 passage of the Americans With Disabilities Act, the
19 Federal Fair Housing Act, and the adoption of state
20 building codes for accessibility, we have made great
21 strides in improving access and usability for people
22 with disabilities both in public facilities, public
23 transit, public accommodations, and multi-family
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1 housing both in the greater Boston area and across
2 the country.
3 But even as thousands of disability
4 rights advocates and their allies around the country
5 have seen real success in improving accessibility,
6 increasingly we have realized three important things.
7 First, that simple literal compliance
8 with accessibility codes and standards is simply not
9 enough to realize our goal of full integration of
10 people with disabilities into our society.
11 Now we have embraced the philosophy of
12 universal design or sometimes it's referred to as
13 human-centered design which says, Let's design all
14 of our facilities, buildings, and products to be
15 maximally usable to everyone with a minimum of
16 retrofit.
17 Second, we have realized that people with
18 disabilities still face tremendous amounts of social
19 isolation and exclusion.
20 This isolation has real public health
21 consequences including increased rates of depression
22 and other mental health problems and significantly
23 reduced quality of life.
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1 If we are to really attack and eliminate
2 this isolation in all its dimensions, we must create
3 neighborhoods that are welcoming and usable by all.
4 This includes moving beyond mere
5 compliance with federal and state fair housing
6 standards to ensure that every new home, including
7 single-family homes, are visitable by neighbors and
8 others with disabilities.
9 Third, in this decade since 9/11 and
10 Hurricane Katrina, people with disabilities have
11 increasingly realized that our needs have not been
12 adequately taken into account both in emergency
13 preparedness and planning, and more generally in the
14 life safety arena.
15 This proposal will help move us in that
16 direction by providing that each single-family home
17 constructed will allow for at least one zero step
18 entrance that will help with evacuation as well.
19 Approximately 75 million baby boomers are
20 expected to reach retirement age in the next two
21 decades.
22 Public health statistics have
23 consistently shown that with increasing age comes
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1 increasing rates of disability including mobility
2 impairment.
3 In addition to being entirely consistent
4 with NFPA's mission statement, adopting this motion
5 is an important next step in addressing the public
6 health, universal design, and quality of life
7 challenges I have described. Thank you again for the
8 opportunity to comment on this report proposal.
9 DR. MILKE: Thank you. Any further
10 discussion on this motion? Microphone 5.
11 MR. PAULS: Thank you. My name is Jake
12 Pauls. I'm for the motion and I'd just like to speak
13 in rebuttal. I believe there's only one person that
14 needs to be rebutted.
15 First of all, some clarifications. We
16 were criticized for not having scoping in A117.1.
17 Well, A117.1 doesn't have scoping and it's forbidden
18 to have scoping.
19 So the issue of the flood plain and all
20 that is irrelevant for the standard that goes with
21 the scoping.
22 If there's a problem with that flood
23 exemption and if it's indeed relevant, that can be
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1 fixed in a TIA or even the Standards Council could
2 fix that. That's a minor issue.
3 What it comes down to, though, is this is
4 a potent symbol because the home builders simply
5 won't allow NFPA 5000 to be adopted and applied.
6 So on one hand they're arguing this isn't
7 going to work, but on the other hand outside this
8 meeting they've done their darndest to make sure that
9 NFPA 5000 will never be adopted and applied to
10 housing in the U.S.
11 So I think what they're afraid of -- and,
12 you know, a bit of conjecture, a bit of history. The
13 International Building Code had hearings on this
14 topic as well, on scoping of ANSI 117.1.
15 But the person who submitted that
16 proposal submitted a partial scoping proposal. In
17 other words, it was very complicated scoping.
18 And the committee, the IBC committee,
19 basically told him, Come back with a simpler scoping
20 which requires all new housing to be scoped.
21 And that's exactly what I had done before
22 that was even held, that hearing was held. So we
23 have a situation here where the appropriate scoping,
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1 both in terms of committees in NFPA and in terms
2 of -- even within the IBC process, is to have the
3 broadest scoping possible.
4 And we heard from the two people from the
5 public health and accessibility communities. That's
6 what makes sense in terms of scoping. This is a
7 powerful symbol.
8 Because NFPA, regardless of whether it's
9 adopted or not locally, has a potent effect both
10 internationally and within the U.S. as a precursor to
11 what's adopted by other model codes.
12 And that's why the home builders are
13 afraid of this passing. It's just too powerful a
14 symbol.
15 And so I am very much in favor of this
16 symbol being published by NFPA, because we've done it
17 many times before, with home sprinklers, with
18 stairways, and many other things, which eventually
19 became adopted and became a major topic, for example,
20 within NFPA.
21 On the issue of the references not being
22 available within the standard for review because the
23 book wasn't available, nobody has come up and said
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1 that we misled them about any reference.
2 So there's no problem there. That was a
3 totally academic issue and, indeed, the very people
4 who are raising that had the standard in hand anyway,
5 and they never raised any issues.
6 So there is no issue there in terms of us
7 misleading people, because I presented the text to
8 the best ability I could at both the ROP and ROC
9 stage.
10 Nobody ever raised an issue on that even
11 though the information was widely available. Thank
12 you very much.
13 DR. MILKE: Thank you. Microphone 2.
14 MR. FINNEGAN: Good afternoon. My name
15 is Dan Finnegan and I am representing myself and I'm
16 speaking against the motion.
17 I've had the opportunity to see a rather
18 detailed presentation on this concept of visibility
19 and I can only share with you that I have significant
20 concerns.
21 My feelings are very much of a concern
22 about the invasion of direction on how our homes are
23 to be built in such a way that I'm not sure really
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1 affects life safety, fire protection, the things that
2 NFPA is based around.
3 I understand the issues that are being
4 presented but I think those need to be dealt with on
5 a one-by-one basis.
6 I know my personal family has got issues
7 and you know what? We dealt with it. We built
8 ramps. We do what needs to be done.
9 I'm not sure we need to have this concept
10 of visibility implanted into every single home that
11 gets built as we move forward.
12 I just have a very uneasy feeling. I
13 would like to see more research. I would like to see
14 more information presented on this concept of
15 visibility and let this thing mature a little bit
16 further before it gets incorporated into a national
17 building standard. Thank you.
18 DR. MILKE: Thank you. Microphone 4.
19 MR. KRAUS: Dick Kraus speaking for
20 myself. Call for the question.
21 FROM THE FLOOR: Second
22 DR. MILKE: That's non-debatable. I
23 heard a second. That's a non-debatable motion. We
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1 go right to a vote. All in favor of calling the
2 question raise your hands. All opposed? Motion
3 passed.
4 We move directly then to the vote of the
5 motion on the floor now which is to accept Comment
6 5000-137. All in favor of the motion please indicate
7 by raising your hands. All opposed? Motion fails.
8 I'm told that the submitter of 5000-5 and
9 5000-6 would prefer to deal with these with 5000-6
10 first.
11 DR. HIRSCHLER: Yes. That's correct.
12 Marcelo Hirschler, GBH International and NAFRA, and I
13 hereby move to accept Comment 5000-31 and 5000-32.
14 DR. MILKE: Is there a second?
15 FROM THE FLOOR: Second.
16 DR. MILKE: We'll advise the group again
17 this is one of these motions that was similar to one
18 of the ones that we started out with shall we say
19 some time ago related to 703 and 101.
20 And we'll have an abbreviated discussion
21 of where the differences are and that I think would
22 be appreciated by all. Doctor Hirschler.
23 DR. HIRSCHLER: Marcelo Hirschler, GBH
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1 International, for NAFRA. And all I want to say is
2 if this gets approved we're going to have the exact
3 same definition in 5000 and 101 and 703. Thank you.
4 DR. MILKE: Thank you. Mr. Quiter.
5 MR. QUITER: We support Marcelo on this.
6 DR. MILKE: Is there any discussion?
7 Moving toward the mike I see microphone 1 when you
8 get there.
9 MS. NEWMAN: Good afternoon. Kathleen
10 Newman, FireTect. I am for the motion. It's the
11 same thing as before.
12 We would be limiting different -- We
13 would be limiting other processes and other choices
14 that builders would have and so I would like to
15 accept this motion. Thank you.
16 DR. MILKE: Thank you very much. Any
17 further discussion? Seeing none I think we can go
18 right to the vote then.
19 This is a vote to accept Comments 5000-31
20 and 5000-32. All in favor please raise your hands.
21 All opposed? Motion passes. We go to 5000-5 now, I
22 believe.
23 DR. HIRSCHLER: Marcelo Hirschler, GBH
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1 International, for NAFRA. I will not pursue.
2 DR. MILKE: Thank you very much. That
3 is appreciated. So we go to 5000-7 then, and once
4 again --
5 DR. HIRSCHLER: Sorry. Give me one
6 second please. Marcelo Hirschler, GBH International,
7 for NAFRA, and I hereby move acceptance of Comment
8 5000-183.
9 DR. MILKE: Thank you. There's a motion
10 on the floor to accept Comment 5000-183. Is there a
11 second?
12 FROM THE FLOOR: Second.
13 DR. MILKE: Thank you. There is a second
14 so please proceed with the discussion.
15 DR. HIRSCHLER: This is again the same
16 that we've discussed earlier but not on this item,
17 but on the item of use of fire retardant-treated wood
18 in plenums.
19 This section of the annex basically takes
20 the old text from the previous edition of 5000 that
21 allows FRTW in plenums, puts it in the annex so my
22 motion is to eliminate that so we avoid any conflict.
23 Thank you.
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1 DR. MILKE: Thank you. Mr. Quiter.
2 MR. QUITER: I will defer directly to Joe
3 Versteeg, chairman of the Technical Committee on
4 Building Instruction.
5 DR. MILKE: Mr. Versteeg.
6 MR. VERSTEEG: Thank you, Mr. Chairman.
7 As stated by Marcelo, this is now a valid annex note
8 in that all of the prior wording has been eliminated
9 and merely makes reference to NFPA 90A which is
10 appropriate based on the prior actions. Thank you.
11 DR. MILKE: Thank you. Open debate on
12 this topic at this point. Anyone at a mike? Seeing
13 none we'll move right to the vote then.
14 This is -- The motion on the floor is to
15 accept Comment 5000-183. All in favor raise their
16 hands. All opposed? Motion passes. Thank you,
17 Mr. Quiter.
18 So this is the word we've been waiting
19 for, at least in a way. This is the last report --
20 MR. LATHROP: Before you wrap up the 5000
21 report, I'd like to have a personal privilege for a
22 minute.
23 DR. MILKE: Please.
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1 MR. LATHROP: As a chairman of one of the
2 101 committees and being on many of the 101
3 committees, I'd like to thank NFPA for the tremendous
4 support staff that we have that we get to work with
5 all through years.
6 Robert Solomon has put together a
7 fantastic group of people including Ron Cote, Greg
8 Harrington, Allan Fraser, Kristin Collette and Tracy
9 Golinveaux -- I'm sorry, Tracy, I always screw that
10 up -- along with the support staff of Jim McGovern,
11 Linda McKay, Kelly, and Diane Matthews.
12 And I personally would like to thank NFPA
13 for the tremendous help that they give us.
14 DR. MILKE: Thank you, Mr. Lathrop. Now
15 let us go to the last report under consideration this
16 afternoon, that of the Technical Committee on
17 Electrical Safety in the Workplace.
18 Here to present the committee report is
19 committee chair David Dini of Underwriters
20 Laboratories, Northbrook, Illinois.
21 The committee report can be found in the
22 blue 2011 annual ROP and ROC. Certified Amending
23 Motions are contained in the Motions Committee report
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1 and behind me on the screen. We will proceed in the
2 order of the motion sequence number presented.
3 MR. DINI: Thank you, Mr. Chair, ladies
4 and gentlemen. The report of the Technical Committee
5 on Electrical Safety in the Workplace is presented
6 for adoption and can be found in the Report on
7 Proposals and Report on Comments for the 2011 Annual
8 Revision Cycle.
9 The Technical Committee has published a
10 report consisting of a partial revision of NFPA 70E
11 Standard for Electrical Safety in the Workplace.
12 The report was submitted to letter ballot
13 of the Technical Committee that consists of 25 voting
14 members and the Technical Correlating Committee on
15 the National Electric Code that consists of twelve
16 voting members.
17 The ballot results can be found on pages
18 70E-3 to 70E-232 of the Report on Proposals and pages
19 70E-3 to 70E-127 of the Report on Comments.
20 The presiding officer will now proceed
21 with the Certified Amending Motions.
22 DR. MILKE: We will proceed now with the
23 discussion on Certified Amending Motions starting
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1 with Motion 70E-1. Microphone 3.
2 MR. MILLS: I'm Dave Mills, Savannah
3 River Nuclear Solutions, and I'm the duly designated
4 representative for Bobby Gray and I'm here to move to
5 accept Comment 70E-14.
6 DR. MILKE: Thank you. There is a motion
7 to accept Comment 70E-14. Is there a second? Is
8 there a second?
9 FROM THE FLOOR: Second.
10 DR. MILKE: Thank you. There's a second.
11 Please proceed with the discussion on the motion.
12 MR. MILLS: The wording in Comment 70E-14
13 was offered as a revision to my original proposal
14 70E-12 as follows: New section 90.5, Enforcement.
15 This standard is intended to be suitable
16 for mandatory application by employers and other
17 entities that exercise legal jurisdiction over the
18 safe electrical work practices.
19 The authority having jurisdiction for
20 enforcement of the standard has the responsibility
21 for making interpretation of the rules, for deciding
22 on the approval of work practices, procedures, and
23 methods, and for granting the special permission
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1 contemplated in a number of the rules.
2 By special permission the authority
3 having jurisdiction shall be permitted to approve
4 alternative methods, for it has assured that
5 equivalent objectives can be achieved by establishing
6 and maintaining effective safety.
7 An informational note. The range of
8 enforcement and allowance for the designated
9 authority having jurisdiction may be limited by
10 federal or local enforcement authorities that
11 exercise jurisdiction over the safety of individuals
12 or public work locations. That's the actual wording
13 on which you will be voting.
14 This recommended enforcement provision
15 does not require a regulatory or governmental agency
16 to be the AHJ, although it does not prohibit it
17 either.
18 The employer or an entity invoking the
19 standard as a requirement still has the flexibility
20 to designate an internal AHJ unless local laws or
21 regulatory agencies require otherwise.
22 Within the NFPA regulations governing
23 committee projects, there's still the requirement
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1 that a standard be written such as it may indeed be
2 suitable for adoption into law.
3 Clearly, without a written enforcement
4 provision, the current document does not meet the
5 requirement as stated in Section 3.3.6.1 as follows
6 in the definition of standard:
7 A document the main text of which
8 contains only mandatory provisions using the word
9 "shall" to indicate requirements and which is in a
10 form generally suitable for mandatory reference by
11 other standard or code or adoption into law.
12 With the incorporation of the recommended
13 text per the Comment 70E-14, the standard will meet
14 the requirement for being adoptable into law and
15 provide the designated AHJ the necessary flexibility
16 to differentiate between conflicting requirements for
17 the improvement of the safety of the worker.
18 The definition in 70E for AHJ is similar
19 to any other NFPA standard: An organization, office,
20 or individual responsible for enforcing the
21 requirement of a code or standard or approving
22 equipment, materials, and installation or a
23 procedure.
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1 The AHJ for one standard is not
2 necessarily the AHJ for another, such as NFPA 70 and
3 NFPA 70E.
4 I have acted as the AHJ for the Savannah
5 River site since -- for 70E since 2004 and during
6 that time the DOE has indeed made it law through the
7 Code of Federal Regulations 10 CFR 851.
8 Since that time it has become very
9 difficult to enforce all parts of this standard as
10 there are many cases where conflicts exist.
11 The original proposal, 70E-12, I made
12 requested the indication of an enforcement clause
13 such that I as the AHJ and others in similar
14 positions could legitimately enforce the standard.
15 Every entity will, by default or by
16 choice, have an AHJ for 70E, and this AHJ will be
17 forced to make decisions on the implementation of
18 this standard.
19 While you will most likely hear from the
20 70E Committee, the electrical section and others will
21 probably be in opposition to this motion.
22 The reasoning stated to me has been based
23 on fear that the AHJ will not be qualified to make
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1 the needed decisions regarding the implementation of
2 the standard.
3 I believe this fear to be unfounded as
4 the organization, office, or individual responsible
5 acting as the AHJ as designated by the employer will
6 be a qualified individual regarding electrical
7 safety.
8 What the committee has offered to me so
9 far has been, and I quote, this document is a
10 consensus standard suitable for adoption by
11 employers.
12 The entity or employer that adopts NFPA
13 70E is responsible for enforcement of the requirement
14 in the standard, unquote.
15 And I quote. The committee merely
16 reinforces its previous position that NFPA 70E is a
17 standard, not a code, and therefore enforcement of
18 the requirements in the standard is the
19 responsibility of any entity that chooses to adopt
20 it.
21 Neither of these address the real concern
22 and I please ask you to support this motion.
23 DR. MILKE: Thank you. Mr. Dini, would
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1 you like to offer the committee position?
2 MR. DINI: Yes. On the original proposal
3 associated with this comment our committee did reject
4 the proposal.
5 And as David just read, our statement was
6 that the document is a consensus standard suitable
7 for adoption by employers.
8 The entity; namely, the employer, that
9 adopts NFPA 70E is responsible for enforcement of the
10 requirements in the standard.
11 Our vote on this proposal was 22 in favor
12 and only two against. We again reaffirmed our
13 position during the comment phase and we did indicate
14 that the committee reinforces its previous position
15 that NFPA 70E is a standard, not a code, and
16 therefore enforcement of the requirements in the
17 standard is the responsibility of any entity that
18 chooses to adopt it.
19 I did re-poll my committee and they did
20 indicate that nobody wished to change their vote on
21 this particular item.
22 DR. MILKE: Thank you, Mr. Dini. We will
23 now open up debate on the motion. Microphone 2.
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1 MR. KOVACIK: Thank you, Mr. Chairman.
2 John Kovacik, Underwriters Laboratories speaking on
3 behalf of the electrical section of NFPA and speaking
4 against the motion.
5 The members of the electrical section met
6 yesterday morning and at that meeting they voted in
7 opposition to Certified Amending Motion 70E-1.
8 In effect the members of the electrical
9 section do not support the motion on the floor.
10 Thank you, Mr. Chairman.
11 DR. MILKE: Thank you, sir. Any other
12 discussion? Seeing none we can move to a vote. This
13 is -- The motion on the floor is to accept Comment
14 70E-14. All in favor please raise your hands. All
15 opposed? The motion fails.
16 We move to 70E-2. Thank you. Microphone
17 1.
18 MR. HAMER: Thank you, Mr. Chair. My
19 name is Paul Hamer with Chevron Energy Technology
20 Company. I'd like to move to accept Comment 70E-107.
21 DR. MILKE: Thank you. There's a motion
22 on the floor to accept Comment 70E-107. Is there a
23 second?
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1 FROM THE FLOOR: Second.
2 DR. MILKE: Thank you. Mr. Hamer, please
3 discuss.
4 MR. HAMER: Thank you, Mr. Chairman, I'll
5 make some introductory comments but won't repeat them
6 with every motion.
7 DR. MILKE: Appreciate that.
8 MR. HAMER: My background is in
9 electrical engineering. I have both a BS and MS
10 degree with Chevron Energy Technology Company and I
11 am an IEEE fellow and a Chevron fellow.
12 I have been a member of the Technical
13 Committee on Electrical Safety in the Workplace for
14 15 years and just recently left the Technical
15 Committee in 2010.
16 I've come here to offer constructive
17 suggestions and observations, not to be obstructive.
18 I've been a champion of 70E and electrical safety for
19 many years and I'm concerned that the changes for
20 2012 seriously affect the document's credibility at
21 both the national and international levels,
22 particularly having to do with the dilution of the
23 energized electrical work permit, elimination of the
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1 120-volt ground exception from the requirement for an
2 arc flash analysis, unsubstantiated increase in
3 personal protective equipment and the introduction of
4 extraneous information in the hazard risk category
5 tables.
6 The following motions are intended to
7 correct most of those observed difficulties. I've
8 decided to concentrate on those that have the highest
9 potential impact and changes I feel are necessary to
10 avoid a motion to return the entire report.
11 The following seven motions advance
12 specific proposed actions that can be taken and save
13 the thousands of hours of work that have been
14 expended by all those devoted people in the past
15 cycle.
16 I do not believe that many people fully
17 realize the impact of the proposed changes for 2012.
18 This is not surprising considering the large number
19 of proposals and comments and the complicated ROP and
20 ROC actions.
21 It's really part of my job to look at
22 this as it affects Chevron and how it affects our
23 internal standards.
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1 Please consider my credentials,
2 especially related to the international advocacy of
3 70E, my active engagement as the TC member, and my
4 leadership role in the origination of the hazard risk
5 tables.
6 Chevron actually gave its tables to NFPA
7 in the 2000 edition to form the basis for the hazard
8 risk tables.
9 Within Chevron we've adopted 70E 2009 as
10 a basis for international application of our internal
11 safe work practice standard which supplements 70E.
12 It's been successfully rolled out
13 worldwide, the first Chevron-wide safe work practice
14 standard.
15 Even confined space entry and working
16 from heights, safe work practices have not gained
17 worldwide acceptance.
18 Two companies have applied 70E as
19 extensively as we have. We operate in 31 countries
20 world wide.
21 Over 60 percent of Chevron's operations
22 are outside the U.S. We truly need a document that
23 maintains high credibility internationally and the
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1 70E product for 2012, without the revisions proposed
2 in these amending motions, does not satisfy that
3 goal. Again, my only motivation is to assure worker
4 safety and to maintain the credibility of 70E.
5 Getting to the motion which is on ROC
6 page 70-24 and also on ROP page 70-25, this motion
7 would change -- It's a training documentation and it
8 would change the last sentence to read, The
9 documentation shall contain a description of the
10 training, each employee's name, and the dates of
11 training, and this change is away from crossing out
12 the content of the training.
13 Including the content of the training in
14 the records could be interpreted as meaning training
15 materials, presentations, tests, videos, etcetera.
16 A brief description of the training
17 should be sufficient. We wonder about the
18 intellectual property issues and mandating that we
19 turn over copyrighted videos as part of our records.
20 Thank you, Mr. Chair.
21 DR. MILKE: Thank you. Mr. Dini.
22 MR. DINI: Yes. Thank you. Our
23 committee did accept this original proposal. We
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1 agreed with the submitter's substantiation where he
2 indicated that it has been long understood that the
3 content of the training needs to be included in order
4 to comply with the requirements of OSHA 1910.332.
5 The vote of our committee was 20 in
6 favor, three against, and one abstained. The one
7 abstained was the representative from OSHA who
8 abstained in accordance with agency policy against
9 voting on technical issues.
10 However, the representative from OSHA did
11 indicate that he did agree with our action on this
12 particular proposal.
13 DR. MILKE: Thank you. Microphone two.
14 MR. KOVACIK: Thank you, Mr. Chairman.
15 John Kovacik, Underwriters Laboratories, speaking on
16 behalf of the electrical section of NFPA.
17 The electrical section met yesterday
18 morning, and at that meeting the members voted in
19 opposition to Certified Amending Motion 70E-2.
20 In effect, the members of the electrical
21 section do not support the motion on the floor.
22 Thank you.
23 DR. MILKE: Thank you. Continuing
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1 discussion? Microphone one.
2 MR. KRAUS: Dick Kraus, API, speaking in
3 favor of the motion. If the electrical section would
4 define what they meant by the contents up front,
5 then, you know, this could be acceptable, but having
6 an undefined thing leaves it -- as Paul said, leaves
7 it wide open to interpretation.
8 Description is much easier, much better.
9 In effect, when this is adopted by other countries
10 you get into this some of this foreign -- Do you
11 expect people to give you things in different
12 languages to look at? I don't think so, but I would
13 urge your acceptance of this. Thank you.
14 DR. MILKE: Thank you. Microphone 4.
15 MR. HICKMAN: Thank you. My name is
16 Palmer Hickman. I represent the electrical workers
17 on the 70E Technical Committee. However, I'm
18 speaking for myself in this particular instance.
19 I speak in opposition to the motion. We
20 are clear as a committee in our vote what we wanted.
21 A description is inadequate.
22 We want to know the content. I liken it
23 to a course catalog. Maybe you're going to take a
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1 college course in a flyer you got in the mail.
2 A description of the course is not
3 sufficient for documentation of what training that
4 you got.
5 The committee was clear. They want the
6 content of the training. They want to know what
7 training was given.
8 So the term description would provide an
9 overview of the training and that's all that it would
10 do. It would remove the requirement to provide
11 supporting documentation.
12 In order to determine training
13 requirements for a worker and in order to determine
14 that the worker possesses the skills and knowledge
15 the employer would need, we'd need the content of the
16 training materials, test, etcetera.
17 In 2007 OSHA changed their definition of
18 qualified persons to include, quote, demonstrated
19 skills and knowledge, end quote.
20 A description would not provide the
21 necessary information to evaluate if a worker is
22 adequately trained.
23 The term content provides the correct
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1 criteria to evaluate and assure a worker's qualified.
2 Please join the committee in their 20 votes to not
3 support this motion. Thank you.
4 DR. MILKE: Thank you. Any further
5 discussion? Microphone 3.
6 MR. McLAUGHLIN: My name is Stewart
7 McLaughlin. I'm with All Star Facility Services,
8 AKAG4S. I'm facility manager at a federal building.
9 We --
10 DR. MILKE: Are you speaking for or
11 against please?
12 MR. McLAUGHLIN: I'm going to speak
13 against. The reason I'm speaking against is I don't
14 want to see anybody do something that's going to take
15 a lot of extra time for little effect, and I think
16 that's what this is going to do.
17 I've been managing maintenance operations
18 for 25 years. As a professional engineer -- I've
19 been a registered professional engineer for 20 years
20 in a couple of states.
21 So I manage maintenance operations with
22 that educational level and I manage them very -- at
23 close range. I deal with maintenance every day.
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1 In fact, I just work in one building and
2 my concern -- The reason I'm voting against this is
3 because the content -- What I would really push for
4 is more training than you could actually get content
5 on a few sheets of paper to describe.
6 There's a very large deficiency in the
7 knowledge required for qualified workers as
8 currently, I believe, stated in 70E and OSHA.
9 I believe that people need training. An
10 OSHA representative described to me yesterday or day
11 before -- and I believe him -- that OSHA does not
12 support licensure because people who are licensed
13 electricians are -- they do installation and they
14 really don't know that much about maintenance.
15 Well, I believe that very much. He makes
16 a good point. I was thinking, Well, that's the best
17 you could do, but without licensure how does a person
18 know that someone is qualified?
19 How can any one of us -- Unless you've
20 received training which is very technical, how can
21 any one of us provide some kind of certification that
22 so and so's training is acceptable?
23 And I don't think that even you or I or
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1 anybody else, unless you've had some training in
2 maintenance in electrical safety -- and I'm talking
3 about maintenance. I'm not talking about
4 installation.
5 I'm talking about troubleshooting and
6 things of that nature. If we don't have training in
7 this stuff, how can you, even looking at a
8 description of, you know, what they've learned,
9 determine that their training is acceptable?
10 So I believe that the NFPA needs to move
11 toward apprenticeship in building maintenance and
12 electrical safety.
13 People who actually work on electricity
14 all the time, there's no training in it, I think
15 you're just wasting your time by creating lists of
16 stuff that they -- That's not going to tell you
17 anything. It's just going to waste your time.
18 That's my opinion.
19 DR. MILKE: Number 6.
20
21 MR. HICKMAN: Thank you. Palmer Hickman
22 with the IBEW, speaking against the motion. Again,
23 very quickly, a description just simply isn't enough.
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1 Saying that you were, quote, trained in
2 70E, end quote, would not give anyone looking,
3 including OSHA, any clue of what you were trained in,
4 so the content is what the committee intended.
5 I know Paul's comments were it's not
6 clear what's meant by the content. I think content
7 is very clear. Again, please support the committee
8 in the electrical section. Thank you.
9 DR. MILKE: Any further discussion?
10 Microphone 1.
11 MR. HAMER: Mr. Chair, Paul Hamer from
12 Chevron Energy Technology Company speaking in favor
13 of the motion. I'd like to address remarks by
14 Mr. Hickman.
15 The substantiation for the original
16 proposal cited OSHA 1910.332 as requiring content.
17 If you refer to that, there's no such requirement in
18 that OSHA directive.
19 I'd also like to cite that a recently
20 released OSHA field and safety and health manual
21 which is numbered OSHA Directive No. ADM-04-00-001,
22 dated May 23, 2011 -- this applies to the inspectors
23 for OSHA -- has a section on training for their
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1 electrical workers.
2 It says, Written records will include the
3 source of the training, the OSHA employees trained, a
4 description of the training provided, and the dates
5 when the training occurred. It does not include
6 content.
7 DR. MILKE: Thank you. Any further
8 discussion? If not, we will move to the vote.
9 Microphone 5.
10 MR. KAMALASANAN: My name is Kutti from
11 Saudi Arabia. The procedure in Saudi Aramco for any
12 work --
13 DR. MILKE: You're for or against
14 please?
15 MR. KAMALASANAN: There is a work
16 procedure we have to submit to the issue. The
17 receiver who's taking work permits, then only he can
18 take the work permit.
19 So what the procedure will go to the
20 issue he will study. Based on that one for each work
21 the permit will be issued. This is a procedure we
22 have following. There is no problem for work.
23 THE CHAIR: Are you speaking for --
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1 MR. KAMALASANAN: In support. There
2 is -- One minute, sir. There is the issuer and the
3 receiver. The issuer has to receive the work
4 procedure based on that one. He will issue the work
5 permit and the receiver should be -- There's a
6 procedure going on. There is no problem.
7 DR. MILKE: Thank you. Any further
8 discussion? Move on to a vote then. Motion on the
9 floor is to accept Comment 70E-107.
10 All in favor raise your hands. All
11 opposed? Motion fails. Move then to motion 70E-3.
12 Microphone 1.
13 MR. HAMER: Paul Hamer from Chevron
14 Energy Technology Company. I'd like to make a motion
15 to accept Comment 70E-180.
16 DR. MILKE: There's a motion on the floor
17 to accept Comment 70E-180. Is there a second?
18 FROM THE FLOOR: Second.
19 DR. MILKE: Thank you. Please proceed
20 with the discussion.
21 MR. HAMER: Thank you, Mr. Chair. This
22 particular motion is on energized electrical work
23 permit. The comment is on page 70E-39 of the ROC and
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1 the proposal was on 70E-52 and 53 of the ROP.
2 What this motion would do would reverse
3 the action on the proposal and go back to the
4 original text of 130.1(B)1 where it would state, When
5 working on energized electrical conductors or circuit
6 parts that are not placed in an electrically safe
7 work condition, that is, for the reasons of increased
8 or additional hazards or infeasibility per 130.1,
9 work to be performed shall be considered energized
10 electrical work and shall be performed by written
11 permit only.
12 The reason for this is that this
13 particular Proposal 199 changed the wording to say
14 that you have to have an energized electrical work
15 permit when operating within the limited approach
16 boundary or the arc flash boundary of exposed parts.
17 This is really an unsubstantiated
18 increase in the requirement for an energized
19 electrical work permit.
20 Unlike a shock approach boundary, the arc
21 flash boundary cannot be conclusively determined
22 because it varies significantly by the calculation
23 method assumptions, etcetera.
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1 Now, the significance and effectiveness
2 of the energized electrical work permit would be
3 diluted.
4 To require site management authorization
5 for all tasks within the two boundaries as
6 anticipated becomes very onerous without
7 significantly improving existing safe work practices.
8 In effect, due to the large number of
9 permits, approval would be pushed down to low
10 supervision levels, and basically what we have now is
11 we have -- Mr. Chair, am I in order? Did I jump
12 ahead to my explanation or --
13 DR. MILKE: I think you're in the time
14 line.
15 MR. HAMER: Good. Thank you. The arc
16 flash boundary can vary widely based on the chosen
17 method of termination parameters used.
18 And as such, the new proposed requirement
19 is unenforceable, whereas the limited approach
20 boundary, the restricted approach boundary, and
21 prohibited approach boundary are very well defined in
22 Table 130.2c of 79.
23 We're using this electrical work permit
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1 now with the definition working on and elevating the
2 requirement to approve this at a very high level.
3 And consequently, when the general
4 manager of facilities is asked to approve an
5 energized electrical work permit, that work usually
6 doesn't get done. They find a way to deenergize the
7 parts before working on them.
8 By diluting it you're going to be having
9 this done at a much lower supervision level and
10 probably decreased worker safety.
11 Substantiation of 70E-199 incompletely
12 represented the comments during the last revision
13 cycle. See Tom Carpenter's explanation of negative
14 for Proposal 199. That's on page 70E-53 at the very
15 bottom.
16 The proposal only referenced the
17 committee action on Comment 70E-403 for the 2009
18 standard. That's the ROC for the A 2008 which
19 changed live energized electrical conductors of
20 circuit parts.
21 However, the committee meeting action on
22 70E-404 for 2009 standard -- that's the ROC A 2008 --
23 revised the wording to what now exists in the 2009
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1 standard which requires the permit when working on.
2 The committee statement for Comment
3 70E-404 in 2008 was committee action meets the intent
4 of the submitter and correlates with the action taken
5 on Comment 70E-403 and 70E-363.
6 In addition, the committee understands
7 that this action modifies the action taken on Comment
8 70E-403.
9 I ask you to refer to the vote and
10 negative comments on Proposal 70E-199. The vote was
11 17 to 6 on this particular proposal. This is a very
12 far-reaching requirement and should be overturned.
13 Thank you, Mr. Chair.
14 DR. MILKE: Thank you. Mr. Dini?
15 MR. DINI: Yes. Our original action on
16 the Proposal 70E-199, which began all this, was
17 accept in principle.
18 Our committee made what seemed like small
19 changes to 130.1(B)1 where we changed where required
20 to when required, and then we said when working
21 within the limited approach boundary of the arc flash
22 protection or the arc flash protection boundary of
23 exposed energized electrical conductors or circuit
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1 parts and so on.
2 It did not seem like it was a lot of
3 change, but we later realized that it did have some
4 far-reaching potential difficulties with it.
5 So in response to that and after
6 receiving the Certified Amending Motion from
7 Mr. Palmer -- Mr. Hamer rather, I did reorganize a
8 task group that I originally had with my committee
9 that was addressing the particular proposals and
10 comments associated with this section.
11 They recently provided me with a three-
12 page report. The recommended of this report, which
13 consisted of a task group of 12 members of my
14 Technical Committee, said, This Task Group recommends
15 rejection of this amending motion.
16 They indicate that protection from only
17 an intentional contact to the circuit parts and
18 equipment is not adequate for practical safeguarding
19 of employees.
20 Any contact, intentional or
21 unintentional, can result in injury to the employees.
22 In summary they said that for performing any work in
23 an area where injury potential exists, such at the
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1 limited approach and arc flash boundary, an energized
2 work permit is the method to evaluate electrical
3 hazards and mitigation such -- and mitigation of such
4 hazards and obtain management approval for this
5 justification.
6 DR. MILKE: Thank you. We'll open up
7 debate on the motion. Microphone 2.
8 MR. KOVACIK: Thank you, Mr. Chairman.
9 John Kovacik, Underwriters Laboratories, speaking on
10 behalf of the electrical section of NFPA and speaking
11 against the motion.
12 The electrical section met yesterday
13 morning and the members voted in opposition to
14 Certified Amending Motion 70E-3.
15 In effect, the members of the electrical
16 section do not support the motion on the floor.
17 Thank you.
18 DR. MILKE: Thank you. Microphone 6.
19 MR. HICKMAN: Thank you. Palmer Hickman
20 with the IBEW, speaking for myself against the
21 motion.
22 I just ask the body to please join the 21
23 committee members who voted against this, join the
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1 electrical section who voted against this, and join
2 the Task Group that looked at this with the three-
3 page report rejecting this. Thank you.
4 DR. MILKE: Thank you. Any further
5 discussion? Microphone 1.
6 MR. HAMER: Paul Hamer, Chevron Energy
7 Technology Company. I just ask that you consider
8 that, respectful to the Technical Committee and the
9 task force, that they really need to look more
10 thoroughly into this as to what the actual effects
11 may be.
12 If you're within 35 feet of 15 kv switch
13 gear, by some definitions you're going to need an
14 energized electrical work permit.
15 If you're within three and a half feet of
16 most fixed parts, any fixed part energized, you're
17 going to need an energized electric work permit.
18 You're going to need an energized electric work
19 permit for everything. Thank you, Mr. Chair.
20 DR. MILKE: And you are speaking in
21 favor?
22 MR. HAMER: I'm speaking in favor of the
23 motion. I'm sorry.
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1 DR. MILKE: Any further discussion?
2 Microphone 1.
3 MR. GOLDSMITH: Jeff Goldsmith, GE Water
4 & Process Technologies, speaking for myself in favor
5 of the motion.
6 Many of the requirements of 70E are
7 rather onerous and human nature is to -- is that if
8 you make things unnecessarily onerous, they're less
9 likely to be complied to.
10 Wearing PPE is very onerous but it is
11 extremely valuable in providing protection.
12 Paperwork. Work permits can be very onerous and by
13 themselves don't provide any protection.
14 I believe that we probably had a good
15 balance for the minimum requirements for work permits
16 previously, and we're probably -- whereas certain
17 facilities who choose to adopt this can choose to
18 require work permits where they think it's
19 appropriate, I think that maybe we've gone a little
20 too far with the minimum requirements.
21 DR. MILKE: Thank you. Further
22 discussion? Microphone 5.
23 MR. KAMALASANAN: My name is Kutti from
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1 Saudi Arabia working for Saudi Aramco. I am speaking
2 in favor of the motion.
3 DR. MILKE: Thank you.
4 MR. KAMALASANAN: There is safe working
5 space there based on the work that is going on in
6 Saudi Arabia, Dubai, Abu Dhabi.
7 For example, cable on above ground, that
8 pulling the cable with the same spacing. They're not
9 switching off the things.
10 So that we can do the job without
11 switching off, the work is going everywhere. I have
12 already been to Abu Dhabi, Dubai. The name of the
13 company is Cobra. They're doing the work like that.
14 DR. MILKE: Thank you. Microphone 3.
15 MR. McLAUGHLIN: The name's Stewart
16 McLaughlin with All Star Facility Services, a
17 division of G4S. I'm in opposition to the motion.
18 In the name of safety I disagree that
19 these measures are too onerous. We in fact do
20 require permits for -- any time we're going to be
21 doing hot work.
22 I sign a lot of them. We do it every
23 time somebody gets ready to open a panel, and now I
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1 understand that there's modifications that would
2 require -- I understand, I should clarify, from
3 meetings that I was in a couple days ago -- that, you
4 know, even if the panel is closed, we may have an
5 issue there.
6 I don't think it's been nailed down yet
7 as to whether or not if you're just walking by a
8 closed panel, I think there's still some discussion
9 about whether or not if you're actually going to do
10 something at that panel.
11 And I would agree, having had breakers
12 blow up -- one breaker blow up in my face, 400 amp,
13 and thank God I'm still here to talk about it. I
14 just flipped the breaker. Something shorted but, you
15 know, the thing blew up.
16 So I can tell you that when you react
17 with a breaker, even if the thing's closed, you might
18 have issues.
19 Now, just walking by it, I don't see that
20 much of an issue. And so hopefully further
21 discussion on this matter will be had and we'll get
22 some clarification on that.
23 But we -- There's no problem with having
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1 people do permits. Our folks do permits -- and by
2 the way, when I say our folks, I mean G4S is the
3 second largest employer in the world behind Wal-Mart.
4 We're in 160 countries.
5 Our employees will do the necessary
6 permits and the -- that labor causes our employees to
7 be safer. It brings the requirements of the work to
8 the forefront. We do not find it too onerous and I
9 therefore reject the proposal.
10 DR. MILKE: Thank you. Microphone 2.
11 DR. HIRSCHLER: Marcelo Hirschler, GBH
12 International. Call the question.
13 FROM THE FLOOR: Second.
14 DR. MILKE: That's not debatable. All in
15 favor of calling the question raise your hands. All
16 opposed? We'll move right to -- That passes.
17 We'll move right to the vote of the
18 motion at hand. That motion is to accept Comment
19 70E-180. All in favor, raise hands. All opposed.
20 Motion fails.
21 FROM THE FLOOR: Mr. Chairman, I have a
22 procedural question.
23 DR. MILKE: Yes, sir.
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1 FROM THE FLOOR: I request a ruling as to
2 whether we have a quorum to continue.
3 MR. HAMER: Point of order.
4 DR. MILKE: Thank you. In order to
5 confirm the quorum, would the voting members stand up
6 to be counted and I will please ask NFPA staff to
7 count the membership standing.
8 All the NFPA staff who are counting,
9 please come to the front so we can get this
10 organized.
11 Okay. You may be seated unless you enjoy
12 the standing just for a change. So as presiding
13 officer, I have determined with the help of friends
14 that the required quorum of 100 as noted in Section
15 4.2 of the NFPA bylaws is not present.
16 Without a quorum the session must be
17 terminated. If due to the lack of a quorum at an
18 Association Technical Meeting the Association fails
19 to make a recommendation concerning a report or a
20 portion of a report, the document shall be forwarded
21 directly to this Council without recommendation for
22 action in accordance with Section 4.7.
23 Notwithstanding the foregoing, any
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1 motions to amend or return a report that have passed
2 prior to the loss of the quorum shall be processed
3 and forwarded to the Council in accordance with 4.5
4 and 4.6.
5 So with that, first of all, thank you,
6 Mr. Dini for your efforts and for your report.
7 MR. DINI: I'm from Chicago. If you want
8 to vote twice I have no problem. (Laughter.)
9 DR. MILKE: This officially concludes
10 this portion of the 2011 Annual Association Technical
11 Meeting. I want to thank you, especially those of
12 you hanging in this late, for your participation,
13 interest and support. I now declare this part of the
14 meeting officially closed.
15 (Whereupon at 6:17 p.m. the meeting closed.)
16
17
18
19
20
21
22
23
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1
2 C E R T I F I C A T E
3
4
5 I hereby certify that the foregoing 293 pages
6 contain a full, true and correct transcription of all
7 my stenographic notes to the best of my ability taken
8 in the above-captioned matter held at the Boston
9 Convention Center on Wednesday, June 15, 2011,
10 commencing at 12:30 p.m.
11
12
13
14 Linda J. Modano, Registered Professional Reporter
15 My commission expires May 11, 2018
16
17
18
19
20
21
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23
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17:4,7,12,1617:19 20:1826:20 33:1436:10
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5:3 19:528:10 53:4
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38:10 42:1543:8 59:18
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118:21,23119:2 120:4121:3
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137:10207:12
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241:8 254:6fantastic259:7
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239:22fike4:18 25:22
28:7 45:852:4
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210:17220:20
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fires5:12 8:16
10:13 12:1513:15 17:4,419:5 20:223:12 24:2124:22 26:1626:18 28:1028:22 29:3,429:5 35:1240:19 45:1145:14,2249:20 50:2253:3 55:1855:19 144:17162:23165:21168:18206:22 207:6207:20
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15:22 18:1019:21 25:2352:9 55:1280:17 85:897:5 104:5126:17138:14143:18149:18
152:19156:19173:17 183:4190:20 192:9195:21197:23 198:1199:6 203:11209:3 213:12224:15 227:7235:19 245:4248:7 250:15255:10270:13 293:5
firsttime125:3
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190:21 241:1five30:12 31:9
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281:21282:16284:21,22286:1
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11
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127:14,16140:6,6,10140:12149:10 153:4155:3 158:10
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230:9fluid241:14
fluoride18:1
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36:22 43:943:15,18,2144:3,8,13,1647:5 49:6,2250:5 55:20
56:10,20fluxes49:14
flyer28:14 274:1
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31:5 32:1532:23 33:5
ftc104:6 130:23
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25:14 158:6fuels12:2 13:23
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17:16 26:2137:19
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229:22255:12,23256:23 257:6291:11
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