Danny Shelton — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Research and pecial Program dministratior MAR 26 2002 Mr. Ed Gresham Ref. No.: 01-0118 Fire Extinguisher Service & Sales 1622 Edwards Road Pineville, LA 71360 Dear Mr. Gresham: This is in response to your May 11, 2001, letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)to cylinders used as fire extinguishers under DOT Exemption; E-8840. This exemption authorizes the manufacture, mark and sale of certain non-DOT specification cylinders constructed to the DOT 3AL specification with certain exceptions, for transportation in commerce of certain Division 2.2 gases. I apologize for the delay in responding to your inquiry and hope that it has not caused you any inconvenience. Your questions are paraphrased and answered below. Q1. Can DOT-E 8840 cylinders used in kitchen fire suppression systems remain in service as a fire suppression system cylinder after the expiration date of the DOT-E 8840 exemption? Al. Cylinders that are used on-site and not offered for transportation come under the jurisdiction of the Department of Labor's Occupational Safety and Health Administration (OSHA). You should contact OSHA or your state or local agency for information concerning such cylinders. Q2. . Can these cylinders be retested and recharged when needed? A2. The answer is yes, the cylinders may be retested and refilled in accordance with the applicable requirements. Q3. At what intervals are DOT cylinders used as fire extinguishers required to be tested? 173.34 010118#

Page 2- A3. As stated in paragraph (8) of DOT-E 8840, the cylinders are to be retested at least once every fivenears in accordance with 49 CER 17334(6) as prescribed for DOT AL specification. I hope this information is helpful. Please contact this office if you need additional assistance. Sincerely, Lem ABili Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards..#

Page 3MAY-11-01 81:18 PM FIRE EXTING SERV SALES 518+640 8917 P.02 Betts Fire Extinguisher Service & Sales 1622 Ldwards Road $173.34 Pineville, LA 71360 318-640-8966 Retest Edward Mazzulo Cylinders Dir. Office of Hazmat standards 400 7tb St. SW US DOT-RSPA "DIIM10" 01-0118 Washingtom, DC 20590-0001 From Ed Gresham 1622 Edwards Road Fire Extinguisher Service & Sales DOT # 581 Pineville. LA 71360 May 11, 2001 Ref. DOT 8840) Dear Sir. I am requesting written clarification concoming DOT E cylinders used in Kitchen Kenterants in this arca of the country. fire suppression systens. This is a on going matter of confusion and hostile debates Concerning DOT E 8840 us a fire suppression system cylinder after the expiration date of the DOT F. 8840 exemption. (I) aside from the transportation in commerce of these cylinders may they stay in service (2) Ir'so, may they he recharged if necded and re tested when necded. 33) Concerning any cylinder (DOT ) cylinder used as a fire extinguisher at what intervals is the re test needed. 12 years as stated by NFPA 10 & 17A or DOT standards rolering to the transportation in commerce. I thank you in advance for your help in this matter. All concerned here seem to have a differen opinion of the meaning and interpretation of the codes. again Thanks Sincerely Ed Gresham operate. 17531(e)#