28 TAC §34.303
The Texas Department of Insurance proposes an amendment to §34.303,
concerning standards for state fire marshal inspections. The proposed amendment
is necessary to update the currently adopted Life Safety Code, which is used
by the state fire marshal as standards for inspection of buildings and premises
pursuant to Government Code §417.008. Section 34.303 adopts by reference
certain standards and recommendations of the National Fire Protection Association
(NFPA). The proposed amendment replaces the currently adopted Life Safety
Code with the most recent version, the 2003 edition. The adoption of the Life
Safety Code, 2003 edition, is necessary for uniformity in referencing the
code and will enable both the fire protection industry and the public to know
what standards are applicable in all jurisdictions. The updated Life Safety
Code was republished in 2003 to reformat all exceptions into numbered or lettered
paragraphs. Additionally, some paragraphs with multiple requirements were
reformatted to comply with the NFPA Manual of Style.
G. Mike Davis, State Fire Marshal, has determined that for each year of
the first five years the proposal will be in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the proposed standards. Mr. Davis has also determined that there will be no
adverse effect on local employment or the local economy.
Mr. Davis also has determined that for each year of the first five years
the proposed section is in effect, the anticipated public benefit from enforcing
and administering the section is greater ease in referencing sections of the
Life Safety Code and the assurance that both the fire protection industry
and the public will have access to standards that are applicable in all jurisdictions.
The estimated cost to purchase the proposed updated Life Safety Code is approximately
$60 and will be the same cost for all persons and companies, including small,
large, and micro-businesses, who purchase the updated standards. The cost
to a person or entity qualifying as a small or micro-business under the Government
Code §2006.001 will be the same as the cost to the largest business because
the cost is not dependent upon the size of the business but rather is the
same price for all purchasers of the updated standards. In addition, it would
neither be legal nor feasible to waive the requirements of the amendments
since these standards enable the state fire marshal to examine and correct
dangerous conditions and are therefore a matter of public safety.
To be considered, all comments on the proposal must be submitted in writing
no later than 5 p.m. on August 25, 2003, to Gene C. Jarmon, General Counsel
and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box
149104, Austin, Texas 78714-9104. An additional copy of the comments must
be submitted simultaneously to Mr. G. Mike Davis, State Fire Marshal, Mail
Code 112-FM, Texas Department of Insurance, P.O. Box 149104, Austin, Texas
78714-9104. A request for a public hearing should be submitted separately
to the Office of the Chief Clerk.
The amended section is proposed pursuant to the Government Code §417.008
and the Insurance Code §36.001. Government Code §417.008 allows
the commissioner to adopt by rule any appropriate standard developed by a
nationally recognized standards-making association under which the state fire
marshal may enforce this section regarding right of entry and examination
and correction of dangerous conditions. Insurance Code §36.001 authorizes
the Commissioner of Insurance to adopt rules necessary and appropriate to
implement the duties and powers of the Texas Department of Insurance.
The following statute is affected by the proposed section: Texas Government
Code §417.008
§34.303.Adopted Standards.
The Commissioner adopts by reference the following copyrighted standards
and recommendations, except to the extent they are in conflict with sections
of this chapter or any Texas statutes or federal law. The standards are published
by and are available from the National Fire Protection Association, Quincy,
Massachusetts: NFPA 101-
2003
[
2000
], Life Safety Code
and cited references.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 8, 2003.
TRD-200304137
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 463-6327