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CMS enforcement/acceptance of newer codes and standards

  • Friday, December 20, 2019 4:46 PM
    Message # 8340875
    Mathis Carlson (Administrator)
    As we all know, CMS operated under LS 2000(NFPA 99 1999)  from 3/11/2003-7/5/2016.

    I am looking for examples in that time frame where CMS accepted, allowed or enforced requirements under the 2002, 2005, 2012 or 2015 codes. 

    Any input is appreciated. 


    Ex. The CMS memorandum/waiver regarding computers as a second master alarm.

    Last modified: Friday, December 20, 2019 6:14 PM | Mathis Carlson (Administrator)
  • Sunday, December 29, 2019 11:28 AM
    Reply # 8417176 on 8340875
    Al Moon (Administrator)

    I know this not the answer to you question, but it's a start to our debate.

    CMS was under the 1999 NFPA 99 Standard, before the 2012 Edition of NFPA 99 Code was adopted and approved (July 2016).


    Under the older 1999 NFPA 99 Standard - Braided SS Oxygen Hose (i.e. those with polymeric materials) were totally OK for use.


    But, we all know that in time because of the FIRE RISK the use of a Braided SS Oxygen Hose (i.e. those with polymeric materials over 350 psig) was prohibited in the 2002 NFPA 99 Code Edition.


    Many AHJ including CMS, required the removal of those type oxygen hose units listed above.


    So, in my opinion only.


    If CMS & the AHJs can mandate the removal of items in a newer code cycle they can approve new items listed in a cuurent printed edition of the NFPA 99 Code.


    SEE BELOW:


    1.4  Equivalency.

    1.4.1  Nothing in this code is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by this code. Technical documentation shall be submitted to the authority having jurisdiction to demonstrate equivalency. The system, method, or device shall be approved for the intended purpose by the authority having jurisdiction.

    1.4.2  Alternative systems, methods, or devices approved as equivalent by the authority having jurisdiction shall be recognized as being in compliance with this code.

    1.4.3  The authority having jurisdiction shall be permitted to grant exceptions to this code.


  • Thursday, January 02, 2020 11:07 AM
    Reply # 8455020 on 8340875
    Mathis Carlson (Administrator)

    Al, that is exactly the kind of thing I am looking for. Items that were allowed in the 1999 that were essentially cited or written up (due to code changes in the '02, '05, '12) prior to July 2016 while CMS was still officially on the 1999.
    I was asked if there has ever been a precedence of CMS using/enforcing anything in a newer standard while officially on an older standard. So I am looking for as many examples as possible.

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