NO.
34
RECOMMENDED POLICY FOR INTERPRETING
NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS
© 1974 RICHARD M. PATTON
Orderly government requires three functions:
Legislative: To prepare the laws or regulations.
Executive: To interpret and enforce the laws or
regulations.
Judicial: To resolve conflicts in interpretations,
determine the legality of the regulations and to ad-
minister penalities for non compliance.
The National Fire Protection Association is almost purely
legislative by nature. It is a "congress". It prepares codes
and standards but it can not enforce its own regulations
(No executive function). NFPA is not well structured to
even provide interpretations of the codes. The staff is not
empowered to give interpretations, and the committee
preparing any particular standard may meet perhaps
only twice a year at which time they have many other
matters to consider aside from considering in-
terpretations. Obtaining interpretations by correspon-
dence usually is difficult and frustrating.
The NFPA Codes have little meaning until adopted by
some legal entity or organization. It is this adopting
organization or legal entity then that must provide the
executive and judicial functions associated with ad-
ministering the codes.
In order to guide any organization that adopts its stan-
dards NFPA has published an explanatory forward and
definitions applicable to all codes which together explain
the premises of the codes, the basis upon which they were
prepared, and the manner in which they should be in-
terpreted and enforced. These enforcement instructions
and definitions are an integral part of the NFPA National
Fire Codes and therefore represent an important part of
each specific standard or code.
Any attempt to adopt or use a specific standard without
also incorporating the explanatory forward and
definitions of the NFPA Fire Codes would represent an
improper (and possibly illegal) use of the standard. Not
only would it violate the intent of the NFPA regulation, it
would probably represent a restraint of trade. The reason
is clear. An NFPA code will usually define a "per-
formance base" for a material or equipment and may
then list specific materials, equipment or methods that
meet the stated performance base. But non listed
materials, equipment or methods that also meet the
performance base have equal rights under the law. The
stated NFPA policies with regard to their own standards,
therefore, are more than NFPA policies, they represent a
legal framework of use.
Here I will examine the general policies and instructions
of NFPA with respect to the use of NFPA codes.
AN ANALYSIS OF THE NFPA STATED POLICY FOR
INTERPRETING AND ENFORCING NFPA CODES
All National Fire Protection Association standards are
"advisory" standards intended to cover broad classes of
properties and conditions and, in the words of NFPA,
"provide a reasonable degree of fire safety, avoiding
provisions which might result in inconveniences and
expense not essential to the objective".
The NFPA states,".... documents are phrased in terms of
performance or objectives, the intent being to permit the
utilization of any methods, devices or materials which will
produce the desired results". (bold face added)
NFPA further advises "the selection of the appropriate
ones (codes) and their proper application requires ex-
perience and fire protection engineering judgement".*
Further, in order to establish procedures whereby the
interpretations and designs of a fire protection engineer
may be properly reviewed and approved, NFPA advises,
"in determining the acceptability of installations or
procedures, equipment or materials, the authority having
jurisdiction may base acceptance on compliance with
NFPA or other appropriate standards. In absence of such
standards, said authority may require evidence of proper
installation, procedure or use. The authority having
jurisdication may also refer to the listings or labeling
practices of nationally recognized testing laboratories,
inspection agencies or other organizations concerned with
product evaluations which are in a position to determine
compliance..."" (bold face added)
Thus, at the outset NFPA establishes these facts:
1. Their standards are advisory only.
2. The intent is to define a performance level of
"reasonable" safety.
3. There are alternate ways to achieve the stated level of
safety. A standard as a rule, describes only one of a
variety of solutions that may all be equally acceptable.
4. Any "method, device or material" that will achieve
the stated objectives is a satisfactory alternate.
5. When one method will produce unnecessary costs or
inconveniences, it should be avoided and an alternate
should be selected or developed.
6. A fire protection engineer is empowered to make
these judgements.
7. The "authority having jurisdiction" is given broad
powers to determine the acceptability of the installations,
equipment or materials and in the process of doing so the
The full text from which these quotes are taken is
provided as a supplement to this report.
authority may base its judgements on any or all of the
following: The competence of the design engineer, other
NFPA standards, other standards, laboratory reports, or
other pertinent data provided by other reputable
organizations.
When alternate materials, methods, or designs are
selected and used by a person "having proper fire
protection engineering judgement" and then are then
approved by the "Authority Having Jurisdiction" they are
then in full compliance with the appropriate standard.
For example, a sprinkler system that is designed by a
sprinkler designer having "proper experience and fire
protection engineering judgement", when approved by
proper authority, IS IN COMPLIANCE WITH NFPA-13
REGARDLESS OF WHETHER OR NOT THERE WERE
DEVIATIONS FROM CERTAIN RULES OF NFPA-13
WHICH WERE JUDGED INAPPROPRIATE TO THE
SPECIFIC SITUATION (PROVIDED THAT THE BASIC
INTENT AND PERFORMANCE GOALS OF NFPA-13
HAVE BEEN MET THRU ALTERNATE MEANS).
Incidently NFPA is not the final authority on what its own
codes say, no more so than congress is the final authority
on what the laws it passes say. The adopting and enforcing
authority, the fire protection engineers, and the courts of
law make the interpretations and final judgements.
The above analysis has been prepared by Richard M.
Patton and reflects his interpretation of the published
NFPA statements and policy which are an integral part of
the National Fire Codes.
In preparing the attached analysis I did not go to the
NFPA and ask them what they meant by their own words.
To do so would be pointless. It would be like the executive
branch of our government, for example, going to Congress
and asking, "what do you mean?". What they meant to
say is there to be read. When the legislation is finalized it
then becomes a matter for those who must use it, or ad-
minister it, and the courts to interpret its meaning. The
NFPA codes are written. They are now in the public
province. They effect all of our lives, and it is not inap-
propriate for me to prepare my analysis of their meaning.
Each enforcing entity should, of course, seek the advice of
its own counsels in determining enforcement and in-
terpretation procedures.
** The AUTHORITY HAVING JURISDICTION is defined
as "The organization, office or individual responsible for
"approving" equipment, an installation, or a procedure.
 National Fire Codes
The ten volumes of the NATIONAL FIRE CODES are annual com-
pilations of the codes, standards, recommended practices, and
manuals developed by the National Fire Protection Association
( NFPA ).
Where an NFPA code or standard is used as a basis for laws,
ordinances or other regulatory measures in the interest of public
safety, the Association recommends adoption by one of the means
described in the NFPA Manual on Model Drafts for Enabling
Legislation to Incorporate NFPA Standards Into Law (No. 2M),
published in Volume 8 of these National Fire Codes. New editions
should be adopted as needed. In most cases the form of NFPA rec-
ommended practices and manuals is such as to make them suitable
for reference as documents of acceptable practice.
The material contained in the NATIONAL FIRE CODES is intended
to provide a reasonable degree of fire safety, avoiding provisions
which might result in inconvenience and expense not essential
to this objective. Where practicable, documents are phrased in
terms of performance or objectives, the intent being to permit the
utilization of any methods, devices or materials which will pro-
duce the desired results. Recognition is given that, due to the
possibility of human or mechanical failure, complete reliance for
fire safety should not rest exclusively on any single safeguard.
Each volume of the NATIONAL FIRE CODES contains a group of
NFPA codes, standards, recommended practices, and manuals ar-
ranged as practical and convenient and related to one broad subject
as indicated by the volume title. Each text within a volume deals
with a single subject or feature and in any individual property
or situation a number of these texts are normally pertinent. The
selection of the appropriate ones and their proper application
requires experience and fire protection engineering judgment.
The material published in these volumes does not usually include
the basis on which the recommendations are made nor the fire
experience which has demonstrated the need for various protective
measures. Such information is available in the NFPA's Fire Pro-
tection Handbook and other informative publications of the Asso-
ciation. A free list of NFPA publications is available on request.
The material herein is prepared by Technical Committees orga-
nized under NFPA sponsorship and having balanced representation
from those vitally interested, qualified and active in the areas with
which the Committees are concerned. All service on these NFPA
Technical Committees is contributed voluntarily in support of the
Association's program for fire safety. NFPA Technical Committee
personnel are appointed by the Board of Directors of the Associa-
tion and the operation of these committees is in accordance with the
NFPA Regulations Governing Technical Committees, published
in the NFPA Yearbook. Anyone interested in participation in
NFPA Committee activity or desiring further information thereon
should consult the Director of Engineering Services of the
Association.
All NFPA codes, standards, recommended practices and
manuals are developed through the established committee proce-
dure of the Association, which provides that all Committee recom-
mendations shall be published prior to action on them by the
Association itself and that following this publication these recom-
mendations shall be presented for adoption to the Annual Meeting
of the Association where anyone in attendance, member or not,
may present his views.
The committees responsible for the various texts published here-
in are given in the introductory sections preceding each, except in
the case of a few of the older standards where original committees
have been discharged. Current committee lists are published in the
NFPA Yearbook, which may be obtained from the Association.
Official records of the adoption of each standard will be found in
the NFPA Technical Committee Reports and Fire Journal, a
bimonthly membership publication of the Association.
Most NFPA codes, standards, recommended practices, and
manuals are also published by the NFPA in separate pamphlet
form. A list of current pamphlet editions of these standards may
be secured from the Association at any time. A number of NFPA
codes and standards have been approved as ANSI Standards under
the procedures established by the American National Standards
Institute. NFPA Standards which have ANSI designations are
indicated in the Table of Contents.
Official NFPA Definitions
Adopted January 23, 1964: Revised December 9, 1969 and June
26, 1973. Where variances to these definitions are found, efforts
to eliminate such conflicts are in process.
SHALL is intended to indicate requirements.
SHOULD is intended to indicate recommendations or that which
is advised but not required.
APPROVED* means acceptable to the authority having jurisdic-
tion. In determining the acceptability of installations or procedures,
equipment or materials, the authority having jurisdiction may base
acceptance on compliance with NFPA or other appropriate stan-
dards. In the absence of such standards, said authority may require
evidence of proper installation, procedure or use. The authority
having jurisdiction may also refer to the listings or labeling practices
of nationally recognized testing laboratories, inspection agencies,
or other organizations concerned with product evaluations which
are in a position to determine compliance with appropriate stan-
dards for the current production of listed items, and the satisfactory
performance of such equipment or materials in actual usage.
* The National Fire Protection Association does not ap-
prove, inspect or certify any installations, procedures, equip-
ment or materials nor does it approve or evaluate testing
laboratories.
LISTED: Equipment or materials included in a list published
by a nationally recognized testing laboratory, inspection agency,
or other organization concerned with product evaluation that main-
tains periodic inspection of production of listed equipment or mate-
rials, and whose listing states either that the equipment or material
meets nationally recognized standards or has been tested and found
suitable for use in a specified manner.
LABELED: Equipment or materials to which has been attached
a label, symbol or other identifying mark of a nationally recognized
testing laboratory, inspection agency, or other organization con-
cerned with product evaluation that maintains periodic inspection
of production of labeled equipment or materials, and by whose
labeling is indicated compliance with nationally recognized stan-
dards or tests to determine suitable usage in a specified manner.
AUTHORITY HAVING JURISDICTION: The organization, office or
individual responsible for "approving" equipment, an installation,
or a procedure.