NIST O 7401-00_Fire and Life Safety Order_051721.pdf

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 1

Fire and Life Safety 1

NIST O 7401.00 4

Approval Date: 05/17/2021 5

Effective Date: 02/03/20171 6

PURPOSE 9

The purpose of this directive is to delineate the requirements, roles, responsibilities, and 10 authorities necessary for the full and effective implementation of NIST Policy for Fire and Life 11 Safety (FLS) – NIST P 7400.00. 12

APPLICABILITY 15

This order applies to NIST employees and covered associates at all sites for which NIST has 16 jurisdiction, custody, and control. NIST employees and covered associates working at locations 17 owned and operated by other organizations shall abide by the fire and life safety requirements of 18 the facility owner and local jurisdiction. In the absence of local requirements, staff shall abide 19 by NIST requirements to the extent practical and feasible as determined by the NIST AHJ. 20

LEGAL AUTHORITY AND REFERENCES 23

• 15 United States Code (U.S.C) §2227, Federal Fire Prevention and Control Act of 1974, 24 as amended 25

• 40 U.S.C. §3312, Compliance with nationally recognized codes 26

• 29 Code of Federal Regulations (CFR) Part 1910. Subpart L, Fire Protection 27

• 29 CFR Part 1926, Subpart F, Fire Protection and Prevention 28

• Office of Personnel Management Qualification Standard for the Fire Protection 29

Engineering Series, 0804 30

• NIST Policy 7400.00: Fire and Life Safety 31

• International Building Code (IBC) 32

• International Existing Building Code (IEBC) 33

• International Fire Code (IFC) 34

• International Mechanical Code (IMC) 35

1 For revision history, see Appendix A http://legcounsel.house.gov/Comps/FIREPREV.PDF http://legcounsel.house.gov/Comps/FIREPREV.PDF https://www.govinfo.gov/content/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap33-sec3312.pdf https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10123 https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10910 https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/0800/fire-protection-engineering-series-0804/ https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/0800/fire-protection-engineering-series-0804/ https://nistsafety.nist.gov/SafetyWeb/DocumentCenter/View/159

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 2

REQUIREMENTS 39

The FLS program shall address, at minimum, the following areas: 40

• Design and construction of fire protection and life safety systems in new and existing 42 buildings (NIST S 7401.01); 43

• Inspection, testing, and maintenance (ITM) of fire protection and life safety systems 45

(NIST S 7401.02); 46

• Fire protection and life safety system impairments (NIST S 7401.03); and 48

• Fire prevention during welding, cutting, and other hot works (NIST S 7401.04). 50 The NIST Authority Having Jurisdiction 53

• The NIST Chief Safety Officer (CSO) shall designate, in writing, a NIST Authority 55 Having Jurisdiction (AHJ), i.e., NIST’s Code Official, to ensure compliance with the fire 56 and life safety provisions within the adopted codes and standards set forth in the FLS 57 suborders. 58

• The NIST AHJ shall be a Fire Protection Engineer (FPE) who meets the minimum 60 qualifications set forth by the Office of Personnel Management Qualification Standard 61 for the Fire Protection Engineering Series, 0804. 62

Code Adoption 65

• U.S.C. § 3312 (b) BUILDING CODES states that “Each building constructed or altered by 67 the General Services Administration or any other federal agency shall be constructed or 68 altered, to the maximum extent feasible as determined by the Administrator or the head of 69 the federal agency, in compliance with one of the nationally recognized model building 70 codes and with other applicable nationally recognized codes, including electrical codes, 71 fire and life safety codes, and plumbing codes, as the Administrator decides is appropriate. 72 In carrying out this subsection, the Administrator or the head of the federal agency shall 73 use the latest edition of the nationally recognized codes.” 74 o The NIST Director, i.e., “Administrator or the head of the federal agency”, through 75 implementation of NIST P 7400.00, Fire and Life Safety Policy requires 76 compliance with this Order. 77 o The “latest edition” of the code shall be that edition which has been published for 78 circulation. 79 https://oshe.nist.gov/apps/spts/SitePages/program/home.aspx?program=Fire%20Protection%20and%20Life%20Safety%20for%20Design%20and%20Construction%20Program https://oshe.nist.gov/apps/spts/SitePages/program/home.aspx?program=Inspection,%20Testing,%20and%20Maintenance%20of%20Fire%20Protection%20and%20Life%20Safety%20Systems%20Program https://oshe.nist.gov/apps/spts/SitePages/program/home.aspx?program=Impairment%20of%20Fire%20Protection%20and%20Life%20Safety%20Systems%20Program https://oshe.nist.gov/apps/spts/SitePages/program/home.aspx?program=Fire%20Prevention%20During%20Welding,%20Cutting,%20and%20Other%20Hot%20Works https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/0800/fire-protection-engineering-series-0804/ https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/0800/fire-protection-engineering-series-0804/

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 3

• Consistent with the requirements of U.S.C. § 3312 (b), NIST adopts the following codes 80 and standards, as well as additional requirements set forth within the FLS suborders, as 81 minimum requirements for fire and life safety on all sites owned and operated by NIST. 82 o The latest edition of the International Codes (or I-Codes) published by the 83 International Code Council (ICC) and latest edition of the referenced standards 84 within the I-Codes. 85 o The latest edition of the National Fire Protection Association (NFPA) codes and 86 the latest edition of the referenced standards within the NFPA codes. 87

• Where a conflict exists between nationally recognized codes and standards, absent any 89 other determination by the NIST AHJ, the most stringent requirement(s) shall apply. 90

• For specific information regarding applicable code editions during the design and 92 construction process, see NIST S 7401.01 Fire Protection & Life Safety for Design and 93 Construction. 94

Deviation from a fire and life safety code or standard shall require a Request for Variance (RFV) 97

• All requests for variance (RFV) to fire and life safety codes or standards shall be 99 submitted by a Division Chief or equivalent, or a higher-level manager, to the NIST AHJ 100 after consultation with the local OSHE Program Manager (PM) for the applicable 101 program. 102

• In some cases, the OSHE PM in consultation with the NIST AHJ may determine that an 104 exception exists which negates the need for a variance. The NIST AHJ shall document 105 this exception. 106

• The request for a variance (RFV) shall: 108 o Be consistent with the general intent and purpose of the prescriptive code; 109 o Not be detrimental to public health, safety, and general welfare; 110 o Demonstrate at least one of the following: 111 The code or standard cannot be technically executed; or 112 Execution of the code or standard will increase a hazard or create a new hazard. 113

• The RFV shall include (in accordance with NIST-384 form): 115 o A written justification that includes: 116 A detailed description of the issue; 117 The code or standard for which the variance is requested; 118 The nature and extent of the relief requested; 119

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 4

The architectural and engineering plan(s) of the structure, equipment, property or 120 process (where applicable); and 121

A detailed explanation of how the variance, if approved, will provide a degree of 122 safety substantially equivalent to that required by the prescriptive code for which 123 the variance is requested; 124 o A hazard analysis including the interpolation or extension of previously tested 125 systems or methods and information on the elements being evaluated and the 126 probable behavior of those elements under fire conditions (where applicable); 127 o Alternatives considered; and 128 o Other pertinent data. 129

• The NIST AHJ shall provide a written response approving or disapproving the RFV2. 131 o Approvals apply only to the specific project indicated in the RFV; prior approvals by 132 the NIST AHJ do not constitute approval for any other existing or future cases that 133 are similar. 134 o Approvals for variances may have an expiration date depending on the nature of the 135 request. 136 o All appeals of denied RFVs shall be submitted to the NIST CSO. 137

The appeal to the NIST CSO shall include (in accordance with NIST-385 form): 139 o The original RFV submitted to the NIST AHJ; 140 o The written response from the NIST AHJ; and 141 o Any other information requested by the NIST CSO. 142

• The NIST CSO shall provide a written response approving or disapproving the appeal, 144 after consulting as necessary with independent subject matter experts.3 145

• Records of variances and appeals shall be maintained by the NIST AHJ on an internal 147 drive that is accessible to OSHE staff. 148

Deviation to a NIST-specific requirement related to a fire and life safety code or standard shall 151 necessitate a Request for Waiver (RFW) 152

• All requests for waiver (RFW) to NIST-specific fire and life safety requirements shall be 154 submitted by a Division Chief or equivalent, or a higher-level manager, to the NIST CSO 155 after consultation with the NIST AHJ and OSHE Site PM for the applicable program. 156

2 The time required for review will be determined by the complexity of the request, and the resources needed to review the request.

3 Ibid.

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 5

• In some cases, the NIST AHJ and OSHE PM may determine that an exception exists 157 which negates the need for a waiver. The NIST AHJ shall document this exception. 158

• The RFW shall: 160 o Be consistent with the general intent and purpose of the requirement; 161 o Not be detrimental to the public health, safety, and general welfare on NIST sites; and 162 o Demonstrate at least one of the following: 163 The NIST-specific requirement cannot be technically executed; or 164 Execution of the NIST-specific requirement will increase a hazard or create a new 165 hazard. 166

• The RFW shall include: 168 o A written justification to include: 169 A detailed description of the issue; 170 The NIST-specific requirement for which the waiver is requested; 171 The nature and extent of the relief requested; 172 The architectural and engineering plan(s) of the structure, equipment, property, or 173 process (where applicable); and 174 A detailed explanation of how the waiver, if approved, will provide a degree of 175 safety substantially equivalent to the NIST-specific requirement for which the 176 waiver is requested; 177 o A hazard analysis including the interpolation or extension of previously tested 178 systems or methods, and information on the elements being evaluated and the 179 probable behavior of those elements under fire conditions (where applicable); 180 o Alternatives considered; and 181 o Other pertinent data. 182

• The NIST CSO shall provide a written response approving or disapproving the RFW4. 184 o Waivers apply only to the specific instance or project described in the RFW; waivers 185 issued by the NIST CSO do not constitute approval for any other existing or future 186 cases that are similar. 187 o Waivers may have an expiration date depending on the nature of the request. 188 o Denied waivers cannot be appealed. 189

• Records of waivers shall be maintained by the NIST CSO on an internal drive that is 191 accessible to OSHE staff. 192

4 The time required for review will be determined by the complexity of the request, and the resources needed to review the request.

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 6

DEFINITIONS 195

Acting Authority Having Jurisdiction – A qualified5 FPE in the Office of Safety, Health, and 196 Environment (OSHE) designated by the NIST AHJ to be temporarily assigned all authorities, 197 duties, and obligations of the NIST AHJ during an absence of the NIST AHJ. In the event of 198 a position vacancy, the CSO shall designate an Acting AHJ. 199 Appeal – A process by which a Division Chief or equivalent, or a higher-level manager, 201 requests that the NIST CSO review a denial or rejection of an RFV by the NIST AHJ. 202 Associate – An individual conducting work at a NIST workplace who is not a NIST 204 employee. 205 Authority Having Jurisdiction – A qualified6 FPE in OSHE designated by the NIST CSO to 207 enforce7 the NIST-adopted codes and standards relevant to fire and life safety on NIST-208 owned and operated sites. 209 Compliance – Meeting or exceeding an applicable requirement(s) of a NIST adopted code(s) 211 and/or standard(s). 212 Covered Associate – A NIST associate permitted to perform work at a NIST workplace and 214 subject to NIST policies and procedures, and to the extent allowed by law and the terms of 215 the associate’s agreement. Covered associates include Foreign and Domestic Guest 216 Researchers (including contractors who perform NIST R&D/technical work); Research 217 Associates; Intergovernmental Agency Personnel Act assignees; Facility Users; Volunteer 218 Students; and other federal employees who perform work at NIST workplaces. 219 Exception – A condition for which a requirement does not apply because the condition falls 221 outside of the scope or intent of the requirement or because another requirement may capture 222 the issue/concern. 223 Fire and Life Safety – The protection of life and property by minimizing fire and related 225 hazards through the incorporation of and maintenance of building features, fire protection 226 systems, and egress components, and the implementation of safe work practices. 227 FLS Program – A FLS suborder; all supporting suborder-specific directives, including 229 procedures, guidance, and notices; and any associated FLS deployment tools and 230 Organizational Unit (OU) procedures. 231

5 See requirements for Office of Personnel Management Fire Protection Engineering Series 0804.

6 Ibid.

7 Nature of enforcement is dependent upon the severity of the violation, e.g. stop work, revoke permit, denial of use and occupancy.

https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/0800/fire-protection-engineering-series-0804/

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 7

FLS Program Manager – For a given FLS program, an OSHE staff member assigned by the 232 NIST CSO to manage that program. 233 Hot Work – Work involving welding, brazing, open flame soldering, heat treating, grinding, 235 thawing pipes, powder-driven fasteners, hot riveting, torch-applied roofing, or any other 236 process requiring use of a spark, flame, or heat that is capable of initiating fires or 237 explosions. 238 Organizational Unit – Term used herein to denote any of the following: Office of the 240 Director; the immediate office of a NIST Associate Director; a NIST Laboratory; a NIST 241 Extramural Program; or a NIST Chief Office. 242 Shall/Should/May – 244

• Shall (Must or Will): Indicates that the performance of an item is mandatory. 245

• Should: Indicates that the performance of an item is not mandatory, but the full 246 implications of not performing that item must be understood and either justified or 247 carefully weighed before choosing a different course. 248

• May: Indicates that the performance of an item is at the discretion of the individual 249 responsible for the action. 250

Variance – Authorization to have an alternative means of providing an equal or greater 252 degree of safety than that afforded by strict conformance to: 253

• NIST-adopted codes and standards overseen by the NIST AHJ; or 254

• NIST-specific requirements originating from AHJ interpretations and implementation 255 of these same adopted codes and/or standards. 256 Variances do not exempt a requester from the requirement(s) and its intent8 257 Waiver – Authorization to have an alternative means of providing an equal or greater degree 259 of safety than that afforded by strict conformance to the way NIST implements a NIST-260 specific requirement or regulatory requirement. Waivers do not exempt the requester from a 261 regulatory requirement or NIST requirement, they simply permit a different means of 262 compliance or implementation. 263

8 The codes “establish the minimum requirements to provide a reasonable level of safety, public health and general welfare” to building occupants. The code allows for AHJ discretion in the interpretation of the code and implementation of “policies and procedures to clarify the application of its provisions.” The code also allows for more stringent requirements to be implemented to meet the intent of the code and align with the needs of the occupants and occupancies. An individual requesting an equivalency from a more stringent NIST-specific requirement that originates from a general provision or minimum requirement in a code or standard must request a variance.

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 8

ACRONYMS 266

AHJ – Authority Having Jurisdiction 267 CFR – Code of Federal Regulations 268 CSO – Chief Safety Officer 269 FLS – Fire and Life Safety 270 FPE – Fire Protection Engineer 271 ICC – International Code Council 272 LOTO – Lockout/Tagout 273 NFPA – National Fire Protection Association 274 NIST – National Institute of Standards and Technology 275 OSHA – Occupational Safety and Health Administration 276 OSHE – Office of Safety, Health, and Environment 277 OU – Organizational Unit 278 RFV – Request for Variance 279 RFW – Request for Waiver 280

RESPONSIBILITIES 283

NIST Director 284

• Ensure proper allocation of resources for FLS at NIST; 285

• Enforce accountability for meeting NIST’s FLS program requirements; 286

• Provide direction as necessary on significant issues involving FLS and regulatory 287 compliance at NIST; 288

• Provide direction to the NIST Associate Directors, OU Directors, CSO, and NIST AHJ as 289 necessary; and 290

• Ensure that employees and covered associates are not subject to restraint, interference, 291 coercion, discrimination, or reprisal for reporting hazardous situations or participating in 292 FLS program activities. 293

NIST Associate Directors 295

• Support the NIST Director in carrying out the Director’s responsibilities with respect to 296 FLS at NIST; 297

• Ensure that the requirements of NIST’s FLS programs are fully implemented in their 298 respective directorates; 299

• Ensure proper allocation of resources for FLS to the extent possible in their respective 300 directorates; request additional resources as necessary; 301

• Enforce accountability for meeting NIST’s FLS program requirements in their respective 302 directorates; and 303

• Provides direction as necessary on significant issues involving FLS and regulatory 304 compliance in their respective directorates. 305

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Organizational Unit (OU) Directors 307

• Support the NIST Associate Directors in carrying out their responsibilities with respect to 308

FLS at NIST; 309

• Ensure that the requirements of NIST’s FLS programs are fully implemented in their 310 respective OUs; 311

• Ensure proper allocation of resources for FLS to the extent possible in their respective 312

OUs; request additional resources as necessary; and 313

• Ensure that their OUs work in partnership with OSHE to develop, implement, maintain, 314 and continually improve the NIST FLS programs. 315 OU Division Chiefs or Equivalents, or Higher-Level Managers 317

• Submit requests for variances and subsequent appeals if denied; and 318

• Submit requests for waivers. 319

NIST CSO (in addition to the responsibilities for other OU Directors) 321

• Ensure the development, deployment, maintenance, and continual improvement of the 322 suborders, other directives, and deployment tools necessary for the full and effective 323 implementation of NIST P 7400.00 and this order; 324

• Implement mechanisms to engage the other OUs in the development, deployment, 325 maintenance, and continual improvement of NIST’s FLS programs; 326

• Ensure that OSHE provides high-quality services to support the implementation of 327 NIST’s FLS programs by other OUs; 328

• Approve changes to this order; 329

• Approve all FLS suborders, suborder-specific directives, and any associated deployment 330 tools and FLS-program-required OU procedures necessary to implement this order; 331

• Designate an OSHE FPE to serve as the NIST AHJ; 332

• Designate OSHE employees to serve as FLS Program Managers for NIST’s FLS 333 programs; 334

• Ensure that the NIST AHJ and FLS Program Managers have the authority, resources, and 335 training necessary to carry out their responsibilities; 336

• Approve or disapprove all appeals of RFVs denied by the NIST AHJ; and 337

• Approve or disapprove RFWs. 338

NIST AHJ 340

• Ensure NIST compliance with the requirements set forth in the 40 U.S.C. §3312 on all 341 NIST-owned and operated sites; 342

• Maintain a comprehensive list of NIST-adopted codes and standards including applicable 343 code editions; 344

• Provide final interpretations of the NIST-adopted codes and standards, as outline in this 345 Order, on all NIST-owned and operated sites; 346 https://www.govinfo.gov/content/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap33-sec3312.pdf https://www.govinfo.gov/content/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap33-sec3312.pdf

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 10

• Enforce conformance to the adopted codes and standards on all NIST-owned and 347 operated sites; 348

• Enforce industry best practices when the adopted codes and standards do not address 349 specific issues; 350

• Enforce the more stringent requirement(s) when the adopted codes and/or standards 351 conflict; 352

• Review all proposed changes to fire and life safety systems; 353

• Order the correction of any deficiencies related to fire and life safety and ensure that 354 corrective actions have been properly implemented; 355

• Issue Temporary Certificates of Occupancy and Certificates of Occupancy; 356

• Revoke Temporary Certificates of Occupancy or Certificates of Occupancy when code 357 violations are present which cannot be immediately mitigated and present an imminent 358 danger to building occupants; 359

• Approve or disapprove RFVs; 360

• Establish industry best practices for FLS through evaluation of techniques or 361 methodologies employed by other federal agencies or research institutes, scientific 362 literature or treatise, or other data or fact that provides a strong basis of opinion; 363

• Designate an Acting AHJ to temporarily carry out all authorities, duties, and obligations 364 of the NIST AHJ during an absence of the NIST AHJ; 365

• Delegate to other qualified OSHE engineers certain authorities, as outline within the 366 relevant suborders, to enforce compliance with NIST adopted codes and standard; and 367

• Determine when code exceptions exist which negate the need for a variance and 368 document such instances. 369

FLS Program Managers 371

• Develop, deploy, and maintain their assigned programs; 372

• Carry out responsibilities specific to their assigned programs; 373

• Serve as the primary points of contact and subject matter experts for their assigned 374 programs; and 375

• Ensure effective communications with management and staff on program-related issues. 376

DELEGATIONS OF AUTHORITY 379

OU Directors 380

• Delegate to subordinate line managers and other OU staff members, including 381 OU/division safety personnel, the authorities necessary to carry out OU Director 382 responsibilities, provided that such assignments and delegations are not inconsistent with 383 other FLS directives. 384

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 11

NIST CSO 387

• Delegate to the Deputy CSO, subordinate line managers, and other OSHE employees the 388 authorities necessary to carry out CSO responsibilities, provided that such delegations are 389 not inconsistent with other FLS directives. 390

NIST AHJ 392

• Delegate to other qualified OSHE engineers certain authorities to enforce compliance 393 with NIST adopted codes and standards. 394

DIRECTIVE OWNER 397

150 – Chief Safety Officer 398

APPENDICES 401

A. Revision History 402

NIST Order 7401.00 (Uncontrolled Copy in Print) Page 12

Appendix A 404 Revision History 405 Revision

No.

Approval

Date Effective

Date Brief Description of Change; Rationale

0 02/03/17 02/03/17 None – Initial document

1 04/06/18 04/06/18 Modified the responsibilities of the NIST AHJ to include designating an Acting NIST AHJ during an absence of the

NIST AHJ.

2 05/17/21 05/17/21

• Modified document to add requirement to use latest edition of recognized codes that has been published for circulation (per 40 U.S.C. §3312);

• Modified requirements for Variance request;

• Added requirements for Waiver request;

• Added definitions for Variance, Waiver, and Exception;

• Added responsibilities for AHJ related to changes in requirements; and

• Minor editorial revisions