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[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.157]

[Page 498-501]
 
                             TITLE 29--LABOR

 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 

                                OF LABOR

 
PART 1910_OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents

 
                        Subpart L_Fire Protection

 
Sec. 1910.157  Portable fire extinguishers.


    (a) Scope and application. The requirements of this section apply to 

the placement, use, maintenance, and testing of portable fire 

extinguishers provided for the use of employees. Paragraph (d) of this 

section does not apply to extinguishers provided for employee use on the 

outside of workplace buildings or structures. Where extinguishers are 

provided but are not intended for employee use and the employer has an 

emergency action plan and a fire prevention plan that meet the 

requirements of 29 CFR 1910.38 and 29 CFR 1910.39 respectively, then 

only the requirements of paragraphs (e) and (f) of this section apply.

    (b) Exemptions. (1) Where the employer has established and 

implemented a written fire safety policy which requires the immediate 

and total evacuation of employees from the workplace upon the sounding 

of a fire alarm signal and which includes an emergency action plan and a 

fire prevention plan which meet the requirements of 29 CFR 1910.38 and 

29 CFR 1910.39 respectively, and when extinguishers are not available in 

the workplace, the employer is exempt from all requirements of this 

section unless a specific standard in part 1910 requires that a portable 

fire extinguisher be provided.

    (2) Where the employer has an emergency action plan meeting the 

requirements of Sec. 1910.38 which designates certain employees to be 

the only employees authorized to use the available



[[Page 499]]



portable fire extinguishers, and which requires all other employees in 

the fire area to immediately evacuate the affected work area upon the 

sounding of the fire alarm, the employer is exempt from the distribution 

requirements in paragraph (d) of this section.

    (c) General requirements. (1) The employer shall provide portable 

fire extinguishers and shall mount, locate and identify them so that 

they are readily accessible to employees without subjecting the 

employees to possible injury.

    (2) Only approved portable fire extinguishers shall be used to meet 

the requirements of this section.

    (3) The employer shall not provide or make available in the 

workplace portable fire extinguishers using carbon tetrachloride or 

chlorobromomethane extinguishing agents.

    (4) The employer shall assure that portable fire extinguishers are 

maintained in a fully charged and operable condition and kept in their 

designated places at all times except during use.

    (5) The employer shall remove from service all soldered or riveted 

shell self-generating soda acid or self-generating foam or gas cartridge 

water type portable fire extinguishers which are operated by inverting 

the extinguisher to rupture the cartridge or to initiate an 

uncontrollable pressure generating chemical reaction to expel the agent.

    (d) Selection and distribution. (1) Portable fire extinguishers 

shall be provided for employee use and selected and distributed based on 

the classes of anticipated workplace fires and on the size and degree of 

hazard which would affect their use.

    (2) The employer shall distribute portable fire extinguishers for 

use by employees on Class A fires so that the travel distance for 

employees to any extinguisher is 75 feet (22.9 m) or less.

    (3) The employer may use uniformly spaced standpipe systems or hose 

stations connected to a sprinkler system installed for emergency use by 

employees instead of Class A portable fire extinguishers, provided that 

such systems meet the respective requirements of Sec. 1910.158 or Sec. 

1910.159, that they provide total coverage of the area to be protected, 

and that employees are trained at least annually in their use.

    (4) The employer shall distribute portable fire extinguishers for 

use by employees on Class B fires so that the travel distance from the 

Class B hazard area to any extinguisher is 50 feet (15.2 m) or less.

    (5) The employer shall distribute portable fire extinguishers used 

for Class C hazards on the basis of the appropriate pattern for the 

existing Class A or Class B hazards.

    (6) The employer shall distribute portable fire extinguishers or 

other containers of Class D extinguishing agent for use by employees so 

that the travel distance from the combustible metal working area to any 

extinguishing agent is 75 feet (22.9 m) or less. Portable fire 

extinguishers for Class D hazards are required in those combustible 

metal working areas where combustible metal powders, flakes, shavings, 

or similarly sized products are generated at least once every two weeks.

    (e) Inspection, maintenance and testing. (1) The employer shall be 

responsible for the inspection, maintenance and testing of all portable 

fire extinguishers in the workplace.

    (2) Portable extinguishers or hose used in lieu thereof under 

paragraph (d)(3) of this section shall be visually inspected monthly.

    (3) The employer shall assure that portable fire extinguishers are 

subjected to an annual maintenance check. Stored pressure extinguishers 

do not require an internal examination. The employer shall record the 

annual maintenance date and retain this record for one year after the 

last entry or the life of the shell, whichever is less. The record shall 

be available to the Assistant Secretary upon request.

    (4) The employer shall assure that stored pressure dry chemical 

extinguishers that require a 12-year hydrostatic test are emptied and 

subjected to applicable maintenance procedures every 6 years. Dry 

chemical extinguishers having non-refillable disposable containers are 

exempt from this requirement. When recharging or hydrostatic testing is 

performed, the 6-year requirement begins from that date.



[[Page 500]]



    (5) The employer shall assure that alternate equivalent protection 

is provided when portable fire extinguishers are removed from service 

for maintenance and recharging.

    (f) Hydrostatic testing. (1) The employer shall assure that 

hydrostatic testing is performed by trained persons with suitable 

testing equipment and facilities.

    (2) The employer shall assure that portable extinguishers are 

hydrostatically tested at the intervals listed in Table L-1 of this 

section, except under any of the following conditions:

    (i) When the unit has been repaired by soldering, welding, brazing, 

or use of patching compounds;

    (ii) When the cylinder or shell threads are damaged;

    (iii) When there is corrosion that has caused pitting, including 

corrosion under removable name plate assemblies;

    (iv) When the extinguisher has been burned in a fire; or

    (v) When a calcium chloride extinguishing agent has been used in a 

stainless steel shell.

    (3) In addition to an external visual examination, the employer 

shall assure that an internal examination of cylinders and shells to be 

tested is made prior to the hydrostatic tests.



                                Table L-1

------------------------------------------------------------------------

                                                                  Test

                     Type of extinguishers                      interval

                                                                 (years)

------------------------------------------------------------------------

Soda acid (soldered brass shells) (until 1/1/82)..............    (\1\)

Soda acid (stainless steel shell).............................        5

Cartridge operated water and/or antifreeze....................        5

Stored pressure water and/or antifreeze.......................        5

Wetting agent.................................................        5

Foam (soldered brass shells) (until 1/1/82)...................    (\1\)

Foam (stainless steel shell)..................................        5

Aqueous Film Forming foam (AFFF)..............................        5

Loaded stream.................................................        5

Dry chemical with stainless steel.............................        5

Carbon dioxide................................................        5

Dry chemical, stored pressure, with mild steel, brazed brass         12

 or aluminum shells...........................................

Dry chemical, cartridge or cylinder operated, with mild steel        12

 shells.......................................................

Halon 1211....................................................       12

Halon 1301....................................................       12

Dry powder, cartridge or cylinder operated with mild steel           12

 shells.......................................................

------------------------------------------------------------------------

\1\ Extinguishers having shells constructed of copper or brass joined by

  soft solder or rivets shall not be hydrostatically tested and shall be

  removed from service by January 1, 1982. (Not permitted)



    (4) The employer shall assure that portable fire extinguishers are 

hydrostatically tested whenever they show new evidence of corrosion or 

mechanical injury, except under the conditions listed in paragraphs 

(f)(2)(i)-(v) of this section.

    (5) The employer shall assure that hydrostatic tests are performed 

on extinguisher hose assemblies which are equipped with a shut-off 

nozzle at the discharge end of the hose. The test interval shall be the 

same as specified for the extinguisher on which the hose is installed.

    (6) The employer shall assure that carbon dioxide hose assemblies 

with a shut-off nozzle are hydrostatically tested at 1,250 psi (8,620 

kPa).

    (7) The employer shall assure that dry chemical and dry powder hose 

assemblies with a shut-off nozzle are hydrostatically tested at 300 psi 

(2,070 kPa).

    (8) Hose assemblies passing a hydrostatic test do not require any 

type of recording or stamping.

    (9) The employer shall assure that hose assemblies for carbon 

dioxide extinguishers that require a hydrostatic test are tested within 

a protective cage device.

    (10) The employer shall assure that carbon dioxide extinguishers and 

nitrogen or carbon dioxide cylinders used with wheeled extinguishers are 

tested every 5 years at 5/3 of the service pressure as stamped into the 

cylinder. Nitrogen cylinders which comply with 49 CFR 173.34(e)(15) may 

be hydrostatically tested every 10 years.

    (11) The employer shall assure that all stored pressure and Halon 

1211 types of extinguishers are hydrostatically tested at the factory 

test pressure not to exceed two times the service pressure.

    (12) The employer shall assure that acceptable self-generating type 

soda acid and foam extinguishers are tested at 350 psi (2,410 kPa).

    (13) Air or gas pressure may not be used for hydrostatic testing.

    (14) Extinguisher shells, cylinders, or cartridges which fail a 

hydrostatic pressure test, or which are not fit for testing shall be 

removed from service and from the workplace.



[[Page 501]]



    (15)(i) The equipment for testing compressed gas type cylinders 

shall be of the water jacket type. The equipment shall be provided with 

an expansion indicator which operates with an accuracy within one 

percent of the total expansion or .1cc (.1mL) of liquid.

    (ii) The equipment for testing non-compressed gas type cylinders 

shall consist of the following:

    (A) A hydrostatic test pump, hand or power operated, capable of 

producing not less than 150 percent of the test pressure, which shall 

include appropriate check valves and fittings;

    (B) A flexible connection for attachment to fittings to test through 

the extinguisher nozzle, test bonnet, or hose outlet, as is applicable; 

and

    (C) A protective cage or barrier for personal protection of the 

tester, designed to provide visual observation of the extinguisher under 

test.

    (16) The employer shall maintain and provide upon request to the 

Assistant Secretary evidence that the required hydrostatic testing of 

fire extinguishers has been performed at the time intervals shown in 

Table L-1. Such evidence shall be in the form of a certification record 

which includes the date of the test, the signature of the person who 

performed the test and the serial number, or other identifier, of the 

fire extinguisher that was tested. Such records shall be kept until the 

extinguisher is hydrostatically retested at the time interval specified 

in Table L-1 or until the extinguisher is taken out of service, 

whichever comes first.

    (g) Training and education. (1) Where the employer has provided 

portable fire extinguishers for employee use in the workplace, the 

employer shall also provide an educational program to familiarize 

employees with the general principles of fire extinguisher use and the 

hazards involved with incipient stage fire fighting.

    (2) The employer shall provide the education required in paragraph 

(g)(1) of this section upon initial employment and at least annually 

thereafter.

    (3) The employer shall provide employees who have been designated to 

use fire fighting equipment as part of an emergency action plan with 

training in the use of the appropriate equipment.

    (4) The employer shall provide the training required in paragraph 

(g)(3) of this section upon initial assignment to the designated group 

of employees and at least annually thereafter.



[45 FR 60708, Sept. 12, 1980; 46 FR 24557, May 1, 1981, as amended at 51 

FR 34560, Sept. 29, 1986; 61 FR 9239, Mar. 7, 1996; 67 FR 67964, Nov. 7, 

2002]








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