Fire Protection Consultants, LTD — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 pecial Programs Administratior NOV 27 2002 Mr. Edward O'Brien 8719 Pete Wiles Road Fire Protection Consultants, LTD Ref. No. 02-0271 Middletown, MD 21769 Dear Mr. O'Brien: This is in response to your October 14, 2002 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request a variation from the requalification markings displayed on pressure-sensitive labels for cylinders used as fire extinguishers. In your letter you provided a copy of a pressure sensitive label for our review. As provided in recently adopted § 180.213(c), the HMR permit the application of pressure- sensitive labels bearing the requalification information on DOT specification cylinders used as fire extinguishers. However, as pointed out in your letter, the marking configuration on the labels are not consistent with the HMR but conform to the requirements referenced in NFPA 10, Standard for Portable Fire Extinguishers, which is adopted by many State and local agencies. The requalification marking on pressure-sensitive labels for cylinders used as fire extinguishers must be marked in the manner illustrated in § 180.213(d). However, upon written request, a variation from the marking requirement may be approved by the Associate Adminitrator as provided in § 180.213(d)(1). A request for a variation may be submitted to the Office of Hazardous Materials Exemptions and Approvals (DHM-30), Research and Special Programs 20590-0001. Administration, U.S. Department of Transportation, 400 7th Street SW., Washington DC, Sincerely, Hithe e ittel Hattie Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 180.213 (c) 020271#

Page 2T-15-2082 01:55 PM P.8z F FIRE PROTECTION CONSULTANTS P • 8719 Pete Wiles Road • Middletown, Md. 21769 301) 371-8685 • (888) 670-2965 • FAX: (301) 371-4528 NFPA LTD. http://www.FPCLTD.com E-mail: FPCLTD@aol.com MEMBER Webb 3189M230 D Marking Cylinders October 14, 2002 02-0271 U.S. Department of Transportation Rescarch & Special Programs Administration Office of Hazardous Material Standards Attn: Edward Mazzullo Dear Mr. Mazzulio, FPC LTD is a company that provides HazMat training for companies engaged in the fire extinguisher business. This letter is a request for variation pertaining to Docket No RSPA-01-10373 (1) a cylinder used as a fire extinguisher may be marked by using a pressure sensitive (HM220D) referencing section 180.213 Requalification Marking Request for variation ref. (d) Requalification marking, for a fire extinguisher per section 180,209(i) Requalification by the volumetric expansion test or the proof pressure test, or This label and marking would be consistent with the requirements for marking example TWO on page 2 regulations. 29CFR 1910.157 on Portable Fire Extinguisher Extinguishers referenced in NFPA #10 which is adopted by the State Fire Codes, sec Inspecrion, maintenance and testing does not specify how a hydrotested extinguisher shall be marked.#

Page 3OCT-1.5-2002 @1:55 PM P. 03 The reference to Fire Extinguishers includes specification cylinders used as ystem cylinders for pre engineered and engineered systems. With regard to th and portable fire extinguishers, wheeled unit fire extinguishers, fire suppressio label suppliers samples shown on example TWO page two, it is my belief that this type of label did not comply with regulations prior to October 1", 2002 or with the current regulations. FPC LID Sincerely Shool o Brome Edward O'Brien President#

Page 4OCT-15-2002 01:55 PM P.04 EXAMPLE ONE PAGE 2 Hydrotested by: Company Name - MONTH - -AIN- - YEAR- S 8 2 3 4 A1 6 8 78 82 2003 8 10 11 12 2004 350 • 380 - 460 • 480 - 500 • 720 - 900 - 1000 - Test Pressure - month year test pressure indicated by a perforation such as a of the fung proof pressure test -s on label hand punch. volumetric expansion teat- no S on label 5- year external visual inspection for fire extinguishers conforming to Section 180.209(g) -E on label NFPA 10 TWO LABEL SUPPLIERS pru SAMPLES 136 Recording of Hydrostate Tests. tested 5-6.1 A permanent record shall be malalped for cacit cyllader A-5-6.1 The permaneut record should include as a minimum the date of test, cylinder serial number or extingulsher serial number. • BYR. MAINT. TERFORUNO 0Y- HYDRO.TEST Company Name, Address, and Phona Numbar Will Print Here A55 Hich Presure Cylinders and Cartridges. cartridges that pass the hydrostatic test shall be ramped with the Cylinders or 20022004520084007 Retester's Identficaton Number and month and year of the reteat TRINE CHURIME er TC/DOT requiremenu shoulder, top head, neck, or footing (where provided) of the VOTE it is Important that the stamping be placed ogly on the test do not require recording, labeling, cylinder. Hore Assemblica. Hore assembles that pass a hydrostatie BOX STYLE MAINT/HYDRO LABEL 5-6.4 Low Pressure Cylladen. Firt extinguisher shells of tie low or marking ACTUAL SIZE: 2" × 3-1/2" LABEL # BX-MH The label shall be affixed to the shell by means of a headless Ire extingulsher shell is assempted. here labels shall be self-destructve when removal from Following Information: he label shall Include t THIS FORMAT REQUIRED IN FLORIDA peroran, such as and purs performed, indicated by a c) Name or initials of person performing the test, and name o Test pressure used. Company Namo, Address, and g Phone Numbar agency performing the tent WIll Print Hare DIGIT STYLE MAINT/HYDRO LABEL JULY AUG. BEPT. OCT. NOV. DEC. ACTUAL SIZE: 2" × 3-1/2" LABEL # DG-MH#