Argus Fire Control — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 special Programs Administration JUL 15 2003 Mr. Bruce J. Euler Ref. No. 02-0130 Director of Engineering Argus Fire Control 2301 Distribution Street Charlotte, NC 28203 Dear Mr. Euler: This is in response to your letter requesting clarification on whether a DOT specification 39 cylinder may be used as a fire extinguisher under the Hazardous Materials Regulations (HMR;49 CFR Parts 171-180). I apologize for the delay in responding and hope it has not caused any inconvenience. In your letter you describe a fire extinguishing system consisting of a DOT specification 39 cylinder with a volumetric capacity of 1720 ml (104 cu in), an operating pressure of 150 psi, and a minimum burst pressure of 1440 psi. This system is intended to be sold to end-users as a complete self-contained pressurized system capable of being refilled and recharged by distributors. You further state that, after the extinguishing system is discharged or emptied, it is returned to the distributor, refilled and pressurized, transported back to the end-user, and reinstalled into the system. Your specific questions are parapharsed and answered below: Q1. You asked if a DOT 39 cylinder may be used as a fire extinguisher under the HMR. You also asked whether the cylinder once installed into the fire extinguishing system would be considered a nonspecification cylinder. Al. The answer is no. Hazardous materials transported under the proper shipping name "Fire extinguisher" must be packaged in accordance with $173.309. Section 173.309(a) allows the use of non-specification cylinders as fire extinguishers, if all criteria listed therein are met. If the requirements of § 173.309(a) cannot be met, a DOT specification 3A, AA, 3Е, 3AL, 4B, 4BA, 4B240ET, or 4BW (§§ 178.36, 178.37, 178.42, 178.46, 178.50, 178.51, 178.55, and 178.61) cylinder must be used in accordance with § 173.309(b). In addition, although a specification cylinder is installed into an extinguishing system, the cylinder is marked to indicate conformance with the specific requirements applicable to the packaging, and thus remains a specification packaging. 178.65 020130#

Page 2• Q2: You ask if there are special requirements applicable to cylinders used as fire extinguishers? A2: Materials transported under the proper shipping name "Fire extinguisher" must be packaged in accordance with §173.309. Q3. After initial shipment and installation can this cylinder be transported for refilling or recharging if discharged? A3. The answer is no. A DOT 39 specification cylinder charged with a hazardous material, transported, and emptied, may not be refilled with a hazardous material and transported a second time (see § 178.65). Q4. Does this system require requalification testing and inspection? A4. Provision 18 in § 172.102(c)(1) must be requailified. (see § 180.209()). Additionally, each Under the HMR, each specification cylinder used as a fire extinguisher and meeting Special nonspecification cylinder used as a fire extinguisher must be in compliance with the retest requirements of the Occupational Safety and Health Administration Regulations of the Department of Labor, 29 CFR 1910.157(e) (see § 173.309(3)(iv)). I trust this satifies your request. If you need additional assistance, do not hesitate to contact this office. Sincerely, Lisa Susan Gorsk Broky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3MAY. - 07' 02 (TUE) 12:59 ... FIRECONTROL CHLT NO TEL: 704-377-6131 P. 001 : ARGUS Webb ARGUS FIRE CONTROL FIRE CONTROL §|73.34 2301 Distribution St. - Charlotte, NC 28203 USA Tel. 704-372-1228 5178,65 Fax 704-377-6131 www.argusfirecontrol.com Fax Cylinders email: beuler@argusfirecontrol.com 02-0130 Attr: Mr. Edward Mazzullo Director, Office of HazMat Standards From: Bruce J. Euler US DOT/RSPA (DHM-10) Director of Engineering To: US DOT Date: Fax# 202-366-3012 7 May 2002 Tel #: 1800467-4922 Re: Use of "DOT-39 NRC" Cylinder Pages: 1 of2 Dear Mr. Mazzullo Mr. Cameron Satterthwaite recommended that I forward this request for interpretation to you. Background: on the bottom. Its specifications are as follows: 3.543" OD X 13.562" L); flat bottom; Volume 1720ml (104 The cylinder in question has in raised lettering DOT-39 NRC 500/625 M1039 TC-39M NRC 34/43 stamped cu In); min. burst pressure 1440 psi; approval -DOT spec 39. vorking temperature of 32F to 120F. The system will use between 2 to 2.5 Ibs of multi-purpose dry The cylinder will be used in a fixed fire extinguisher syster that Is pressurized to 150 psi at 70F and has chemical with dry nitrogen gas being used as the propellant. be designed to meet the requirements of US DOT or Transport Canada if used as shipping containers The fire protection standard (NFPA-17) that we need to meet requires that the storage container used shall under pressure. The system would be sold to end-users as a complete self-contained pressurized system. We would need the syster to be capable of being refilled and recharged by distributors. The system after being discharged would be transported back to the end user and reinstalled. would be sempet dstributors shop, refilled and pressurized. After being recharged it 1. Can this cylinder be used in this application? Is this cylinder (or application) considered a 2. Is their anything special that we must do? nonspecification cylinder? 3. Can this cylinder after initial shipment and installation, be transported for refilling and recharging if 4. Does this system require hydrostatic testing? If so at what frequency? Does it need to have an internal visible inspection preformed? If so at what frequency? (e); 173-28 (e); and 178.65. The paragraphs that I have been reviewing are as follows: 173.309 (a) (3); 29 CFR 1910.157 (e): 173.34 the above referenced cylinders? Your immediate response would be greatly appreciated because I must Can you please provide answers to these questions so that I can clarify my position with regards to using make a decision on the use of these cylinders as soon as possible.#