{"operation":"document","citation":"17-0052","title":"Kidde Residential and Commercial Division — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-08-30","effective_on":null,"summary":"17-0052 response to Kidde Residential and Commercial Division concerning 173.309.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0052.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0052.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0052","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/170052.pdf","body":"<<<PAGE 1>>>\n\nMr. Ronald C. Mauney\nSenior Product Design Engineer\nKidde Residential and Commercial Division\n1016 Corporate Park Drive\nMebane, NC 27303\nReference No. 17-0052\nDear Mr. Mauney:\nThis letter is in response to your April 28, 2017, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to fire extinguishers.\nSpecitically, you reterence § 173.309(c)(4) of the HMR, which requires a fire extinguisher be\ntested, without evidence of failure or damage, to at least three times its charged pressure at 21 °C\n(70 °F) but not less than 825 kPa before initial shipment, and be marked to indicate the year of\nthe test within 90 days of the actual date of the original test. You ask if this regulation intends\nfor the testing stamp year to reflect the year the fire extinguisher was tested, as opposed to the\nyear the cylinder was manufactured.\nThe intention of the testing requirement in § 173.309(c)(4) is to mark the cylinder with the year\nthe fire extinguisher was tested and place the marking on the fire extinguisher within 90 days of\nthe actual date of the original test. For example, if a cylinder was manufactured in 2015,\nsubjected to testing in 2017, and thus put into use as a fire extinguisher; the stamp should be\nmarked as 2017 within 90 days of such testing.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nkenn Foster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWashington, DC 20590-0001.\n28-April-2017\nTo Whom It May Concern:\nWe are writing to obtain an interpretation of a provision contained within the\nCode of Federal Regulations, which states as follows:\n(c) Non-Specification cylinders are authorized as fire extinguishers\nsubject to the following conditions:\n*****\n(4) Each fire extinguisher must be tested, without\nevidence of failure or damage, to at least three times\nits charged pressure at 21 °C (70 °F) but not less than\n825 kPa (120 psig) before initial shipment, and must be\nmarked to indicate the year of the test (within 90 days\nof the actual date of the original test) and with the words\n\"MEETS DOT REQUIREMENTS' This marking is\nconsidered a certification that the fire extinguisher is\nmanufactured in accordance with the requirements of this\nsection. The words \"This extinguisher meets all\nrequirements of 49 CFR 173.306\" may be displayed on fire\nextinguishers manufactured prior to January 1, 1976;\n49 CFR § 173.309 (c)(4).\nThe purpose of this regulation is to insure the strength and integrity of the fire\nextinguisher cylinder prior to shipping through commerce. This is done through\nhydrostatic testing. The issue that requires clarification is what date stamp should\nappear on the product?\nThe regulation itself is not clear, and refers to testing and dating the \"fire\nextinguisher\" within 90 days of the actual date of the original hydrostatic test.\nHydrostatic testing involves filling the cylinder with a liquid, usually water, and\nressurization of the vessel to the specified test pressine. A finished fire extingsarging\n\n<<<PAGE 3>>>\n\nextinguisher with the new date stamp. By way or example, a cuto cylinder could be\nsubjected to a hydrostatic test in 2017, turned into a fire extinguisher, and the date\nstamp modified to reflect the accurate date of the test and assembly of the final product.\nWe would like clarity on this regulation, and appreciate your time and\nconsideration.\nRegards,\nlondd c. Mury\nRonald C. Mauney\nSenior Product Design Engineer\nKidde Residential and Commercial Division\n1016 Corporate Park Drive\nMebane, NC 27303\nTel: (919) 304-8203\nFax: (919) 304-8205\nRonald. Mauney@kiddeus.com","truncated":false,"body_characters":3727}