DEPARTMENT OF LICENSING AND
REGULATORY AFFAIRSLABOR AND
ECONOMIC OPPORTUNITY
DIRECTOR’S OFFICE
GENERAL
INDUSTRY SAFETY AND HEALTH STANDARDS
(By authority
conferred on the director of the department of licensing and regulatory
affairslabor and economic
opportunity by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and
Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, and 2019-3,
MCL 445.2001, 445.,2011,
445.2025, and 445.2030, and
125.1998)
PART 8., PORTABLE FIRE EXTINGUISHERS
R 408.10801. Scope., application, adoption, and availability of standards.
Rule
801. (1) The rules of this part apply to the installation, use, inspection,
maintenance and testing of portable fire extinguishers in, around and about
places of employmentThe rules apply to the placement, use, maintenance,
and testing of portable fire extinguishers provided for the use of employees. 29
CFR 1910.157(d) does not apply to extinguishers provided for employee use on
the outside of workplace buildings or structures. Where extinguishers are
provided but are not intended for employee use and the employer has an
emergency action plan and a fire prevention plan that meet the requirements of
29 CFR 1910.38 and 29 CFR 1910.39, respectively, then only the requirements of
29 CFR 1910.157(e) and (f) apply. The provisions of this part are the minimum
requirements for portable fire extinguishers. A specific rule may be set forth
in other general industry safety standards where, due to process hazards,
additional portable fire extinguishers may be required.
(2) Where the employer has established and implemented a written fire safety
policy which requires the immediate and total evacuation of employees from the
workplace upon the sounding of a fire alarm signal and which includes an
emergency action plan and a fire prevention plan which meet the requirements of
General Industry Safety Standard Part 6 “Fire Exits,” R 408.10623 and R
408.10624 respectively and when extinguishers are not available in the
workplace, the employer is exempt from all requirements of this standard unless
a specific General Industry standard requires that a portable fire extinguisher
be provided. Exemptions. Where
the employer has established and implemented a written fire safety policy which
requires the immediate and total evacuation of employees from the workplace
upon the sounding of a fire alarm signal and which includes an emergency action
plan and a fire prevention plan which meets the requirements of 29 CFR 1910.38
and 29 CFR 1910.39 respectively, and when extinguishers are not available in
the workplace, the employer is exempt from all requirements of this section
unless a specific General Industry Safety and Health standard requires that a
portable fire extinguisher be provided. Where the employer has an emergency
action plan meeting the requirements of 29 CFR 1910.38, which designates
certain employees to be the only employees authorized to use the available
portable fire extinguishers, and which requires all other employees in the fire
area to immediately evacuate the affected work area upon the sounding of the
fire alarm, the employer is exempt from the distribution requirements in 29 CFR
1910.157(d).
(2) The federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.155(c), “Definitions applicable to this subpart,” as amended April 12, 1998, are adopted by reference in these rules, except for the following:
(a) Section 1910.155(c)(1).
(b) Section 1910.155(c)(5).
(c) Section 1910.155(c)(6).
(d) Section 1910.155(c)(15).
(e) Section 1910.155(c)(16).
(f) Section 1910.155(c)(17).
(g) Section 1910.155(c)(18).
(h) Section 1910.155(c)(19).
(i) Section 1910.155(c)(20).
(j) Section 1910.155(c)(22).
(k) Section 1910.155(c)(25).
(l) Section 1910.155(c)(28).
(m) Section 1910.155(c)(29).
(n) Section 1910.155(c)(30).
(o) Section 1910.155(c)(32).
(p) Section 1910.155(c)(33).
(q) Section 1910.155(c)(34).
(r) Section 1910.155(c)(35).
(s) Section 1910.155(c)(36).
(t) Section 1910.155(c)(37).
(u) Section 1910.155(c)(39)(iv).
(v) Section 1910.155(c)(40).
(w) Section 1910.155(c)(42).
(3) The following federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.157, “Portable fire extinguishers,” as amended November 7, 2002, are adopted by reference in these rules:
(a) A reference to 29 CFR 1910.38 means General Industry Safety Standard Part 6. “Fire Exits.”
(b) A reference to 29 CFR 1910.39 means General Industry Safety Standard Part 6. “Fire Exits.”
(c) A reference to 29 CFR 1910.158 means General Industry Safety Standard Part 9. “Fixed Fire Equipment.”
(d) A reference to 29 CFR 1910.159 means General Industry Safety Standard Part 9. “Fixed Fire Equipment.”
(8) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.
(9) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.
(10) The standards adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, Michigan Occupational Safety and Health Administration (MIOSHA), Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909‑8143.
(11) The following MIOSHA standards are referenced in these rules:
(a) General Industry Safety and Health Standard Part 6. “Fire Exits,” R 408.10601 to R 408.10697.
(b) General Industry Safety Standards Part 9. “Fixed Fire Equipment,” R 408.10901 to R 408.10999.
(12) Up to 5 copies of the standards listed in subrule (2) of this rule may be obtained at no charge from the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.
R 408.10803 Definitions; A to CC to E.
Rule
803. (1) "Approved label" means a label or other identifying
mark of a nationally recognized testing laboratory such as
underwriters' laboratories, incorporated, factory mutual research
corporation, or underwriters' laboratories of Canada that maintains a
periodic inspection of production of labeled fire equipment or materials
and by whose labeling is indicated compliance with nationally
recognized standards or tests to determine suitable usage in a specified
manner.
(2) "Class "A" fire" means a
fire that has as its fuel ordinary combustible material such as wood, cloth,
paper, rubber, and many plastics.
(3) "Class "B" fire" means a
fire that has as its fuel flammable liquids, gases, or greases.
(4) "Class "C" fire" means
a fire that involves energized electrical equipment where the nonconductivity
of the extinguishing agent is necessary to prevent shock. The fuel consumed by
a class "C” fire will be classed as A, B, or D.
(5) "Class "D" fire' means a fire
that involves the oxidation reaction of combustible metals such as magnesium,
titanium, zirconium, sodium, or potassium.
(6)(1) "Class "K" fire" means a fire in
cooking appliances that involve combustible vegetable or animal oils and fats.
(2) "Extinguisher" means a portable fire extinguisher that is carried or on wheels and operated by hand.
R 408.10804 Definitions; E to IRescinded.
Rule 804. (1) "Extinguisher" means a
portable fire extinguisher.
(2) "High hazard" means a condition where
the amount of combustibles or flammable liquids present is such that a fire of
severe magnitude may be expected. These may include woodworking, auto repair,
aircraft servicing, warehouses with high piled (over 15 feet in solid piles,
over 12 feet in piles that contain horizontal channels) combustibles and
processes such as flammable liquid handling, painting, and dipping.
(3) "Inspection" means a check to see if
an extinguisher is in its designated place with no obvious damage or defects
that would prevent operation.
R 408.10805 Definitions; L to ORescinded.
Rule
805. (1) "Low hazard" means a condition where combustible or
flammable liquids would create a beginning fire of minimal intensity in
occupancies such as, but not limited to, offices, schools exclusive of trade
schools and shops, and public buildings.
(2)
"Ordinary hazard" means a condition where combustibles would create a
beginning fire of average or medium intensity in occupancies such as, but not
limited to, department stores, warehouses, and manufacturing buildings of
average hazard.
R 408.10807. Obtaining referenced standardsRescinded.
Rule
807. (1) The following referenced standards are available for review at the
offices of the Michigan Department of Licensing and Regulatory Affairs, MIOSHA
Standards Section, 7150 Harris Drive, Lansing, Michigan 48909-8143, and are
available as follows:
(a) The Code of Federal Regulations, Title 49,
Transportation, Volume 2, Chapter I, Parts 100 to 177 stock number:
869-074-00212-1 and The Code of Federal Regulations, Title 49, Transportation,
Volume 3, Chapter I, Parts 178 to 199 stock number: 869-07400213-9, may be
obtained from the U.S. Government Printing Office, Washington DC, 20402;
telephone number: 888-293-6498; or via the internet at website:
http://bookstore.gpo.gov; at a cost, as of the time of adoption of these rules
of $70.00 each.
(b) The following Michigan occupational safety and
health standards are referenced in these rules. Up to 5 copies of these
standards may be obtained at no charge from the Michigan Department of
Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive,
P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website:
www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as
of the time of adoption of these rules, is 4 cents per page.
(i) General industry safety standard part 9
“Fixed Fire Equipment,” R 408.10901 to R 408.10999.
(ii) General industry safety standard part
6“Fire Exits,” R 408.10601 to R 408.10697.
R 408.10808 Employers' responsibilitiesRescinded.
Rule
808. (1) An employer in control of a property where extinguishers are
required shall be responsible for compliance with this part.
(2)
A portable extinguisher shall be maintained in a fully charged and operable
condition and kept at its designated place ready for use, except as prescribed
in R 408.10839.
IDENTIFICATION
R 408.10811 ClassificationRescinded.
Rule
811. (1) An extinguisher shall be classified by suitability for a class of
fire as defined in R 408.10803 and rated for extinguishing capability.
(2)
The classification shall consist of a letter which indicates the class of fire
on which the extinguisher has been found effective, preceded by a rating
numeral, for class "A" and "B" only, which rates the
extinguishing potential of the extinguisher. See tables 3 and 4.
R 408.10812 LabelsRescinded.
Rule 812. (1) A new extinguisher shall bear an
approved label indicating its class and rating.
(2)
An extinguisher effective on more than 1 class of fire shall have multiple
letter and numeral-letter classifications and ratings.
R 408.10813. Classes of fire; type and contents of
extinguisherRescinded.
Rule
813. (1) An extinguisher shall be selected and provided for protection against
a specific class or classes of fire in accordance with table 1.
(2) Table 1 reads as follows:
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(3) Soldered or riveted shell self-generating
soda acid or self-generating foam or gas cartridge
water-type portable fire extinguishers which are operated by
inverting the extinguisher to rupture the cartridge or to
initiate an uncontrollable pressure generating chemical reaction to expel
the agent shall be removed from service on the effective date of this part.
R 408.10814 Vapor toxicityRescinded.
Rule
814. (1) An extinguisher or extinguishing device containing an active
agent or propellant whose thermal decomposition produce or products have a
level of vapor toxicity equal to or greater than any of the
materials listed in table 2 shall not be used, installed for use, or
allowed to remain installed for use.
(2)
Table 2 reads as follows:
Figure for 408.10814
DISTRIBUTION
R 408.10821 Number and classesRescinded.
Rule 821. The number and classes of extinguishers needed shall be based on the
area of the building or occupancy, the severity of the hazard and the
anticipated classes of fire.
R 408.10822 Class "A" extinguishersRescinded.
Rule
822. (1) The number of class "A" fire extinguishers required shall
be in accordance with table 3.
(2) Travel distance to the nearest extinguisher
shall not be more than 75 feet.
(3) A class "A" extinguisher shall be
provided for a combustible building, interior finish and contents having class
"A" fire potential in accordance with table 3.
(4) A combustible building having an occupancy
hazard subject to class "B" or "C" fires shall have the
required class "A" extinguishers in addition to class "B"
or "C" extinguishers except that if the fire extinguisher has more
than 1 letter classification, it may be considered to satisfy the requirements
of both classifications.
(5) A class "A" extinguisher shall be
located on the same floor as the hazard.
(6) A floor area of a building less than that
specified in table 3 shall have at least 1 class "A" extinguisher of
the minimum size.
(7) The requirements of table 3 may be fulfilled by
extinguishers of lower ratings whose numerical ratings are equal to or exceed
the minimum rating for the area specified, except that an extinguisher with a
rating of less than "2A" shall not be acceptable.
(8) Protection requirements shall be considered
fulfilled if extinguishers of a higher rating are provided and the travel
distance does not exceed 75 feet.
(9) Within a location where an approved automatic
sprinkler system is provided, the square feet area limitation prescribed in
table 3 shall not apply for the protection requirements of class "A"
extinguishers. The 75 feet travel distance to an extinguisher shall not be
exceeded.
(10) The employer may use uniformly spaced standpipe
and hose systems or sprinkler system hose stations where installed for
emergency use by employees instead of class "A" portable fire
extinguishers if such systems meet the requirements as prescribed in general
industry safety standard, Part 9. Fixed Fire Equipment, being R 408.10921 to R
408.10937.
(11) Table 3 reads as follows:
Figure for 408.10822
R 408.10823. Class “B” extinguishersRescinded.
Rule
823. (1) A class “B” extinguisher shall be provided according to the severity
of the hazard listed in table 4, except as required by subrule (3) of this
rule.
(2) A foam extinguisher only of a lower rating, not
to exceed 3, may be used to fulfill this rule.
(3) An open tank in a building having flammable
liquids in depth exceeding 1/4 inch shall be provided with an extinguisher on a
basis of 1 numerical unit of class “B” extinguishing agent per square foot of
the surface area of the largest tank hazard within the area. An open tank in a
building having an area of more than 100 square feet shall be provided with a
fixed extinguishing system in addition to the required portable units. An open
tank in a building having an area of more than 100 square feet and protected by
a fixed system shall be provided with portable units to protect an area to a
maximum of 100 square feet.
(4) Travel distance to the nearest class “B”
extinguisher in a building shall be not more than 50 feet. A class “B”
extinguisher of a higher rating may be used but the travel distance shall be
not more than 50 feet.
(5) Widely separated hazards, such as, but not
limited to kitchens, boiler rooms, and paint storage rooms shall be protected
with an extinguisher for the type of hazard present, if the travel distance
exceeds 25 feet.
(6) Table 4 reads as follows:
Table
4
(For Extinguishers labeled prior to
June 1, 1969)
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R 408.10824 Class C extinguishersRescinded.
Rule
824. At least one 15 pound CO2 or equivalent class C extinguisher, as listed in
table 1, shall be provided within 25 feet of a high hazard area containing an
electrical distribution source including, but not limited to, a generator,
transformer bank, or main switch gear immediately downstream from a service
entrance. Since fire itself is a class A or B hazard, the extinguisher shall be
sized and located according to the anticipated class A or B fire.
R 408.10825 Class D extinguishersRescinded.
Rule
825. (1) A class D extinguisher shall be used on the specific combustible
metal fire for which it has been approved. The extinguisher shall be used
according to instructions on the nameplate.
(2) A class D extinguishing agent in a quantity
sufficient to provide a smothering blanket over the burning material shall be
maintained within 25 feet of a combustible metal being machined or processed.
(3) The extinguishing agent may be applied directly
from a bulk container.
R 408.10826 Class "K" extinguishers.
Rule 826. (1) A class “K” extinguisher shall be provided for hazards where there is a potential for fires involving combustible vegetable or animal oils and fats.
(2) A placard shall be conspicuously placed near the extinguisher that states that the fire protection system shall be activated before using the fire extinguisher.
(3) A class "K" extinguisher shall be maintained
within 30 feet, (9.15 meters m) from the hazards.
(4) Class "K" fire extinguishers
manufactured after January 1, 2002, shall not be equipped with "extended
wand-type" discharge devices.
(5) Existing dry chemical extinguishers without a
Class "K" listing that were installed for the protection of Class
"K" hazards shall be replaced with an extinguisher having Class
"K" listing when the dry chemical extinguishers become due for either
a 6 year maintenance or hydrostatic test.
INSTALLATION, INSPECTION, TESTING, AND MAINTENANCE
R 408.10831 Location.
Rule
831. (1) An extinguisher shall be located where it will be readily seen and
accessible along normal paths of travel.
(2) In a
location where a visual obstruction cannot be avoided, a sign, color symbol, or
other means shall be used to indicate the extinguisher’s location.
(3) Extinguishers of different classes grouped
together shall be marked in a manner to facilitate proper choice in case of a
fire. An extinguisher with an extinguishing agent which conducts electricity
shall bear a label "not for electrical fires" with the letters
legible from a distance of 3 feet or more.
R 408.10833 Installation.
Rule 833. (1) An extinguisher shall be installed securely on a hanger, in a bracket, or mounted in a cabinet unless it is wheeled type or cart mounted. A means shall be used to indicate the location of an extinguisher mounted in a cabinet or on a shelf. The extinguisher shall be placed so that the operating instructions face outward.
(2) An extinguisher having a gross weight of not more than 40 pounds shall be installed so that the top is not more than 5 feet above the floor. An extinguisher having a gross weight of more than 40 pounds, except a wheeled type or cart mounted extinguisher, shall be installed so that the top is not more than 3 1/2 feet above the floor. An extinguisher, except a wheeled type or cart mounted extinguisher, shall be installed so that the bottom is not less than 4 inches from the floor.
(3) An extinguisher shall be suitable for use within
a temperature range of not less than plus 40 degrees to plus 120 degrees
Fahrenheit. An extinguisher installed at a location subjected to temperature
extremes shall be of a type listed for the temperature to which it will be
exposed or shall be placed in an enclosure capable of maintaining the
temperature.
R 408.10835 Inspection; maintenance or recharge
date tag; replacement; maintenance of dry chemical extinguishersRescinded.
Rule
835. (1) An extinguisher or hose, as prescribed in R 408.10822, shall be
inspected monthly or at more frequent intervals when circumstances require to
ensure that the extinguisher or hose complies with all of the following
provisions:
(a) Is at its designated place.
(b) Has not been actuated or tampered with.
(c) Does not have obvious damage, such as, but not
limited to, physical damage, external corrosion, or other impairment.
(2) An extinguisher showing defects which would
possibly affect its operation shall be removed from service and given a
complete check. An extinguisher shall have a tag attached to it showing the
maintenance or recharge date and the initials or signature of the person who
performed the service.
(3) An extinguisher shall receive a thorough
inspection at least once a year to insure operability. An extinguisher
requiring recharging or weighing shall be maintained at least annually.
(4) An extinguisher showing evidence of corrosion or
mechanical injury shall be subjected to an approved hydrostatic test as
specified in R 408.10836(2) or shall be replaced. A pump-type water or
antifreeze extinguisher or a nonrefillable container showing evidence of
corrosion or mechanical injury shall be replaced.
(5) Stored pressure dry chemical extinguishers that
require a 12-year hydrostatic test shall be emptied every 6 years in compliance
with applicable maintenance procedures. When recharging or hydrostatic testing
is performed, the 6-year requirement shall begin from that date. Dry chemical
extinguishers having a nonrefillable disposable container are exempt from this
requirement.
R 408.10836. TestingRescinded.
Rule
836. (1) An extinguisher shall receive an approved hydrostatic test every 5
years, except for dry chemical extinguishers with brazed brass, aluminum, or
mild steel shells; bromotrifluoromethane extinguishers; and dry powder
extinguishers for metal fires, which shall be tested every 12 years. The
hydrostatic test date shall be recorded on a suitable metallized decal or
equally durable material which has been affixed by a heatless process to the
shell of the extinguisher and which shows the date of the test, test pressure,
and the name of the person or agency making the test. An extinguisher tested
after July 5, 1974, shall have a label which will not retain its original
condition when removal from an extinguisher is attempted. An extinguisher
manufactured under the Untied States department of transportation
specifications incorporated in subrule (2) of this rule may have the inspection
date and the serviceman's or firm's name, initials, or symbol stamped into the
cylinder.
(2) An extinguisher, cylinder, or cartridge used for
storage of a compressed gas, manufactured as prescribed by United States
department of transportation specifications, shall be hydrostatically tested in
accordance with the United States department of transportation regulations
prescribed in 49 C.F.R. Part 179 to 190, 2004 edition, which are incorporated
herein by reference.
(3) A nitrogen cylinder or other cylinder for inert
gas, such as on a wheeled extinguisher, shall be tested at not less than 5 year
intervals.
(4) The hose and couplings on an extinguisher
equipped with a shut-off nozzle at the outlet end of the hose shall have a
hydrostatic test interval prescribed for the unit on which the hose is
installed.
(5) A dry chemical and dry powder hose assembly
requiring a hydrostatic test shall be at a test pressure of 300 pounds per
square inch for 1 minute. A carbon dioxide hose assembly requiring a
hydrostatic test shall be at a test pressure of 1,250 pounds per square inch
for 1 minute. Such hoses shall be tested within a protective cage.
(6) An extinguisher subjected to an original factory
test pressure of 350 pounds per square inch or more shall be tested at 75% of
the factory test pressure, but not less than 300 pounds per square inch (see
table 5).
(7) Table 5 reads as follows:
Table
5
Hydrostatic
Test Pressure Requirements – Non-ICC Shells
Shells
Not Specified in U.S. Department of Transportation Regulations
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R 408.10837 Recharging.
Rule
837. An employer maintaining histheir own extinguisher shall use recharging materials of
the class specified on the extinguisher nameplate or recommended by the
manufacturer for recharging.
R 408.10839 Removal and return of extinguishersRescinded.
Rule
839. An employer shall assure that an extinguisher of the same classification
or the equivalent alternate protection is provided when a portable extinguisher
is removed from its location for service leaving less than the required minimum
number of extinguishers. An extinguisher returned to service shall be fully
charged and in operable condition.