NFPA 45 can be enforced in your jurisdiction in several ways.

- Via reference in the OSHA regulations.  Most OSHA inspectors will
accept compliance with the current edition of NFPA 45 as being in
compliance with the OSHA regulations

- NFPA 45 might be directly referenced in the building or fire
prevention regulations of a municipality or state.

- NFPA 45 can be mandatory if it is directly referenced in some other
code or standard, for example the International Fire Code, NFPA 1,
Uniform Fire Code(tm), the International Building Code, or NFPA
5000(tm), Building Construction and Safety Code(tm).

- NFPA 45 can also be considered mandatory in a more indirect way.  For
example, a fire prevention code might require compliance with NFPA 30,
Flammable and Combustible Liquids Code.  NFPA 30, section 1.5.4 states
that compliance with NFPA 45, for a laboratory environment, shall be
deemed to be compliance with NFPA 30.

Bob Benedetti, NFPA 

-----Original Message-----
From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**LIST.UVM.EDU] On Behalf Of
Diane Amell
Sent: Monday, May 21, 2007 10:52 AM
To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
Subject: Re: [DCHAS-L] NFPA standards

The 1982 version of NFPA 45 is referenced in the OSHA standard, and, as
is common, it has been updated about 5 times since then. We usually
encourage (or, at least, do not discourage) employers to comply with the
most recent version of consensus standards, although we cannot enforce
the updated versions. It is normally far easier for a local fire code to
be updated than a federal OSHA standard, as you all know. If there is a
difference between what we enforce vs the fire marshal, we usually
acquiesce to the fire marshal.
 
For the record, the MN State Fire Marshal enforces an amended version
of the International Fire Code.
 
- Diane Amell, MNOSHA
 
Staff opinion: Unless otherwise noted, the response provided above is a
staff opinion provided by a member of the Minnesota Occupational Safety
and Health Compliance Division. A staff opinion is the opinion of one
staff member about the correct answer to a specific question generated
by a stakeholder. The opinion is not binding. 
 
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>>> "Wawzyniecki Jr, Stefan"  5/21/2007 8:02 AM
>>>


Recently our Fire Marshall began a series of Lab Inspections,
concentrating primarily on quantities of chemicals. This required all
the researchers to provide an inventory for the labs,  which was not a
problem, since one is required as part of the University's Chemical
Hygiene Plan.


My question to the List is :     OSHA's Lab standard is
performance-based, and Law;  EPA's RCRA regulations, while
prescriptive,
have become institutionalized    because no one wants a Consent Order
(speaking from experience).    NFPA 45 is not Law, yet seems to trump
OSHA & RCRA, because Building Codes make it appear regulatory.


Even if a researcher manages his/her chemical inventory properly
(labeling, segregating), and their hazardous wastes properly
(labeling,
segregating), it appears that the NFPA holds them to higher standards.
Researchers are questioning this.   And even if they comply by
removing
some chemicals ,     they say they will just order more after the Fire
Marshall inspection is completed.


Are any EH &S professionals finding this a problem?



________________________________


________________________________

Stefan Wawzyniecki, CIH, CHMM      NRCC-CHO      University of
Connecticut  Chemical Health & Safety

________________________________

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