The U.S. Department of Transportation has made a major revision to CFR 49 Section 173.309 Fire Extinguishers. The revision was made to the opening section which describes what the US DOT classifies as fire extinguishers. This DOT description is not based on product use, NFPA, or other fire-related definitions. The DOT regulates the manufacturing, testing, and transportation of what it describes as fire extinguishers.

This revision makes pre-engineered and engineered fire extinguishing system cylinders "fire extinguishers" for transportation purposes. With this being the case, pre-engineered and engineered system cylinders would be required to be marked, labeled, and entered on the shipping papers as Fire Extinguisher, UN1044, Hazard Class 2. NOTE: this does not include any carbon dioxide cylinder, extinguisher, or cartridge. Carbon dioxide must transported, labeled, and marked as Carbon Dioxide, UN1013, Hazard Class 2.

Additionally, fire extinguishers and systems cylinders that are cartridge or cylinder operated may be transported as a fire extinguisher with the following limitations: the cartridge/cylinder must be part of the full assembly and as referenced in the DOT Interpretation 19-0052, the cartridge/cylinder must not contain carbon dioxide.

For additional information on packaging, please refer to DOT Interpretation 12-0075 which describes what the DOT considers as acceptable packaging of non-specification (cylinder) fire extinguishers.

Below is the text of the updated CFR 49 Section 173.309. The underlined areas are the revisions. For reference, you can access the full text here.

CFR 49 §173.309 Fire extinguishers.
This section applies to portable fire extinguishers for manual handling and operation, fire extinguishers for installation in aircraft, fire extinguishers for installation as part of a fire suppression system, and large fire extinguishers. Fire extinguishers for installation as part of a fire suppression system include cylinders charged with either a compressed gas and an extinguishing agent or a gas which comprises the sole fire extinguishing agent in the system. A fire extinguisher does not include cylinders pressurized with a gas for purposes of expelling a separately stored extinguishing agent in the fire suppression system. Large fire extinguishers include fire extinguishers mounted on wheels for manual handling; fire extinguishing equipment or machinery mounted on wheels or wheeled platforms or units transported similar to (small) trailers; and fire extinguishers composed of a non-rollable pressure drum and equipment, and handled, for example, by fork lift or crane when loaded or unloaded. Cylinders filled with a compressed gas whose purpose is to expel a separately stored extinguishing agent may not be transported under this section when offered for transportation or transported apart from a suppression system.

There has been growing concern about the presence of PFAS (per- and polyfluoroalkyl substances) in AFFF (Aqueous Film Forming Foam). PFAS have been associated with serious environmental, pollution, and health issues. This has been a topic of discussion at NAFED conferences for the past three years. The major areas of concern have been at civilian and military airfields, petrochemical facilities, and firefighting testing and training facilities where AFFF has widespread use.
 
This issue also includes AFFF fire extinguishers. Recently both Amerex and Ansul have stopped production and sales of AFFF fire extinguishers and recharge agents. Badger is in the process of redesigning their stainless-steel cylinders and, once completed, will be offering their AR-AFFF extinguishers. A Buckeye representative stated that they are developing an AFFF extinguisher that should be introduced in the future.
 
This development has a significant impact on the fire extinguisher service industry. The current NFPA 10 requires that these extinguishers be recharged every three years and hydrotested every five years. However, without the agents being available, the extinguishers cannot be recharged and should be removed from service. Depending on the hazard being protected, another Class B rated extinguisher may be substituted. However, dry chemical or clean agent fire extinguishers do not have the ability to suppress vapors like a foam extinguisher does.
 
What happens next? New agents are being developed but we do not know what the timeline is before they are approved and developed for use in fire extinguishers.

​The next edition of NFPA 10 is scheduled for release in 2021. The new edition contains a proposed revision to Section 7.8.2.3.1 that would read:

One fire extinguisher manufacturer stated at the NFPA 10 technical committee meeting that their agent does have a five-year life. Once this agent and extinguisher becomes available there should not be a need to recharge those extinguishers on a three-year cycle.

Make certain that if you are servicing or removing AFFF extinguishers from service, the foam solution should not be disposed of by pouring into the sewer system or pouring it on the ground. The solution is considered a hazardous material and an environmental hazardous substance. Disposal must be in accordance with appropriate federal, state/provincial, and local regulations.

Some specific responses include:

• We are sanitizing several times a day wiping down all computers, phones, tablets, doors, work stations, vehicles. Washing hands frequently and avoiding medical facilities
• Calling ahead to all customers to see if open and taking any precautions in dealing with any inspections to be performed.
• No in face meetings, we are using Microsoft teams to communicate.
• Walk-in is closed, customers not to touch iPads for invoices, made all employees aware of safeguards
• NONE
• updated sanitation, changes to front counter showroom polices and PPE including tyvek suits if needed
• Scheduling service for when fewest number of people will be around or no one around to minimize contact. Techs can cancel appointment if they feel site is not taking proper precautions.
• twice a week text reminders on hygiene and CDC recommendations, Covid-19 memo with instructions following CDC guidelines
• Curbside service for in shop - customers wait in vehicle for services to be completed & pay by phone
• Very thorough COVID-19 policies. Too many to list. Pandemic Committee formed and meets everyday. (manufacturer)
• Asking techs to remove clothes when home and put them in the washing machine and take a shower before interacting with family. Issuing Ascorbic acid to all who want it to take 2-3X day.
• Material pickups are call ahead and leave on the dock.

Further Comments:

• So far, our public sector accounts, (schools, universities, government offices, etc.) work is business as usual. Our industrial accounts are insisting we perform our services. Our restaurant customers consider this a good time to do service and maintenance, and some updating. Third-party reporting will help us to keep out service schedules on-time. And we have a higher than average number of installations on the calendar which appear to be moving forward.
• We have a small shop. My one tech is taking voluntary time off when shop work is done. He is very unwilling to go out and service customers and I won't force him
• thinking out side the box with how we interact with our customers. They set the extinguishers outside, we do them, wipe them down and they come out and get them after we are gone.
• New installations. Service is very hard to schedule and or get paid.
• Lots of phone calls to schedule, concentrating on multi family living, manufacturing and fast food.
• Serving essential critical industries. Ensuring a clear message that life safety and fire protection are critical to the welfare of the public and community
• We have been moving customers around so that if any cancel or postpone due to COVID 19 we fill the days with the backlog / overflow or new business we gain from promotions to help our city / province. We are contacting NEW customers to offer specials to help them during this time and for the rest of the year as they recover
• We service grocery stores, auto repair shops and farms. So far so good but if we need we can pull such customers from future months to sustain service while giving those customers a discount for early service.
• Focusing on larger factories/businesses not affected by the shutdowns. Pushing future jobs ahead if possible.
• So far we have been able to schedule enough accounts to keep techs busy, focusing on institutions and businesses that need compliance or that are long-standing and we trust them to pay so extend terms to 90 days. Some people are using Paid Time Off days to take a break. Senior tech working on our training outline.
• Keeping busy one day at a time - by looking for all repairs and calling all customers ahead of time. We are not billing what we normally would be we are getting by with enough to cover payroll
• doing national account work and some local businesses that will let them in to do the work. we are still doing lots of work with essential businesses as designated by the government
• pre calls to arrange special times, and procedures to ensure our techs are not exposed. We are also in equipment, and apparatus business so there is plenty to keep busy, and large enough facilities that with split shifts people can maintain cdc discipline.
• We have been defined as "essential" life safety provider for F/A and Sprinklers and Backflows.
• We are front loading all the work that supports essential businesses that are open (i.e. gas stations) to the front of the month.
• Asking facilities permission to perform scheduled inspections and maintenance when they're shut down and facilities are less congested with personnel.
• Not super busy but busy enough. For now. Mostly pre-scheduled jobs at other essential facilities. Changing the schedule. Next week we go to a 32 hour work week to account for the slow down.
• Mixed results. Seems to change day to day. Small businesses and restaurants are the hardest hit and are deferring service.
• We would normally be busier but we are running at about 70% of our normal volume. If we can hold that we will get through this OK.
• So far, it is getting more difficult with each day. Not that we don't have the work, just can't enter so many of the facilities
• very difficult to get any work scheduled. most restaurants are closed. some businesses are not accepting outside vendors.

Responses for "other":

• Possibly if work slows down to a point of not best to stay open.
• Not yet. That will be a week by week call. We are doing everything we can to keep everyone working.
• We choose to temporarily lay off some admin staff and absorb in other roles to prep for a slower April possibly- we expect them all to be called back ASAP
• We had one shop tech working 24 hours while going to school. Laid off due to drop in shop volume and need to keep full time staff working.
• customers denying services is causing some to not work all day, and we are reducing some of the techs hours
• If this continues for very long, yes.
• Temporary furlough for many, but now adding back. Some will remain on furlough for the foreseeable future.
• lay offs and furloughs on a week by week basis
• Part time tech went on lay off, admin asst and sales person as well
• Full pay for 3 weeks. Requiring home study NICET sample tests etc.
• Reduced hours by 8 hours per week
• We have held off on laying off until the Government decides what they are doing for small businesses. The owners will not be paid if necessary to pay our employees
• only person not working was indirectly affected in that he didn't have child care and is the sole guardian
• Soon

Remote services people are using:

• Log me in. (Set up through our IT company that manages our computers) Call forward work phones to cell phones.
• We are using Microsoft Teams and Zoom
• Forwarding phones from office to cell phone
• Cisco Meraki
• SharePoint, Teams, Planner - all Microsoft products
• Team viewer
• Remote PC, Microsoft Azure, Microsoft Office 365, Microsoft Teams, various SaaS
• VPN login for office personnel, and call fowarding
• Myself and office manager can login to office computers and quick books
• teramind on all remote computers for monitoring, servicetrade for operations, gmail for communications
• We have remote log-in to our computers. Able to do billing, quotes, and database updates remotely.
• Service Trade, ADP
• Teams, O365
• MS Teams and Office365, Remote Desktop and VPN
• Video conferencing. Remote desktop services for access to internal applications.
• "go to" meeting software for all managers communications among our 7 facilities.
• Prefer working at the shop
• service software is cloud based work from anywhere. Forward phones to where people are working.
• some of our staff can work remotely they have been set up through our IT Company. We use Zoom for meetings.
• Go-To meeting online conferencing and granting access to our terminal server environment.
• firepro365, Microsoft Dynamics, Microsoft Teams
• Microsoft Teams VOIP phones have a online system for desk phones to be used. VPN Cloud based software

Additional comments:

• Getting fewer customers every week
• Official statements from NAFED, NFPA, and local AHJs have helped.
• We have a 2 man force. If I can bring in work, my employee can process it. Fortunately, he is single with little debt. I can see that the revenue stream will be abreviated this month.
• About 4 of 60 construction sites shut down. Some service customers closed, but most willing to utilize this time with vacant buildings for service.
• We are still doing work for some public works jobs, healthcare, schools that maintenance dept remain open and want us to perform service.
• it is day to day, hard to get work scheduled
• In our area we feel 30% of the customers will allow work performed in their facility. Many of our customers are not allowing contractors in their facility -period
• State of Michigan is shut down for all non-essential businesses.
• Yes but very few.
• Case-by-case. Some that you'd expect to keep us away allow us to service their location, while other very low risk attempt to postpone services
• We are not at the 50% mark but did have a noticeable amount choose to move / postpone to next month or "pending" what happens
• less and less as the days go by
• Most likely to say 'no' are small, locally-owned restaurants that are completely closed.
• Most are either not open or don't want to pay for it right now because work is slow for them too.
• recently those who have offices open are now saying they are concerned about cashflow and want to push dates out past July
• Only essential businesses. A lot of business are shutdown.
• Need to call and contact every customer to ensure they are open and will allow technicians into their facility
• Postponing inspections and recheduling jobs with high occupant load & children. Doing some inspections mostly in buildings that have been closed. Concentrating on defielciency service work and emergency work and responding to calls where customers want work performed.
• We are shocked that in the hot spot NY area that we are. Companies still want services provided.
• higher percentage of system inspections than portable inspections
• Down ~10-15%
• Mecklenburg and Cabarrus counties are the closest to us and have went to 'stay at home' orders. This drastically reduced the amount of work that could be done.
• We do not want our techs to be exposed to the virus, so we are choosing not to send them out. We also are concerned if we do service and they go out of business or can't afford to pay us.
• Most customers are doing take out and drive through business, it's not paying the overhead not enough volume.
• "Annual" clients and restaurants are tough right now...but we do a lot of "monthly" clients including hospitals, defense contractors, electronics manufacturing which are all open and requiring that services can continue.
• Restaurants are closed but Grocery store chains we are doing as well as other such hotels. hospitals etc.
• Have had a few where we are not allowed in. These have been mainly food processors.
• All scheduled PMs have canceled
• Most restaurants are closed down, bank lobbies closed, doctors offices, etc. closed. I expect that when they open back up hopefully by May, we will be quite busy.
• Restaurants seem to be the bigger challenge, others are mainly open and some have shut down but still some letting us in.

7. Is there anything NAFED can do for you at this time?

• I appreciate what NAFED is doing. Keep communicating, and keeping our industry informed.
• Keep messaging that our work is "essential" and "critical".
• NAFED has done a good job keeping it's members in the loop. Keep up the good work, it's reassuring having an informational pipeline
• Continue has you have been and keep us up on all things Corona...Maybe you could help with understanding the "bail out" as it pertains to business loans forgiven for payroll expenses etc. Most small company's do not have one to help them so they muddle through. It would be nice to not have to muddle through!
• I appreciate the memos regarding fire protection is an essential business and must remain open. Keep them coming. We've passed the memo along to our techs in case they are questioned...
• Yes, encourage all members to look out for each other. Family, friends, employees, neighbors, and the elderly are our biggest assets. PROTECT YOU ASSETS
• send cash
• LOL, I wish
• NAFED IS DOING A GREAT JOB
• Promote that fire safety is still essential even when a virus is affecting the community. Fires can still happen and equipment needs to continued to be mantained.
• Pray and keep keep information coming. Thank You!
• Letter to CISA about fire and life safety being a necessity to support Essential Critical Industries. Open letter to community why our services are critical (e.g. NFPA Guidance for Maintaining Fire Protection and Life Safety Systems Regardless of Occupancy Status)
• You have been excellent. Your email re: NFPA's position on essential services has helped a lot to educate our staff and customers. While our AHJ is stating it can be delayed (for annual inspections) this has been an excellent resources to refer to. Sprouse is a huge supporter of NAFED and while not many Canadian Companies attend each year, we commit to being there every year that we can. Thank you for all you do!
• pray for our industry during this time, it will not come out of this event looking the same!
• Advocate for the government to support and fund the small businesses who are our customers so they are still viable when they are allowed to open again. Also to increase production of safety gear so that we can keep our staff protected.
• Keep us posted on national trends
• Help interpret what the government is doing to help and how to take advantage. Keep communicating that our business is essential.
• Keep providing information on how the industry is getting on and what others are doing to keep their business open and productive.
• Perhaps a "Notice to Businesses" paper that fire protection companies could share with customers stating that fire codes, insurance, OSHA, and other groups have not relaxed requirements due to the coronavirus or state shut downs. It is essential that life safety equipment be properly maintained at all times...
• Yes - share how other FEDs are handling their work and lack of workforce - thanks!
• nothing in particular right now. you have sent out some good information to the membership.
• No thank you! Wishing all good health!
• Just wish us well and to stay healthy!
• Be well...wash you hands...practice social distancing
• No, the notice you sent out was great we incorporated it into a memo for the State to prove we were an essential business. The owners are manning the phones this week and slowly bringing people back next week as long as they are healthy!
• So far NAFED has been great with all the information provided.
• Probably not. This will probably be the death knell for this small company after 30 years.
• I don’t know. Any suggestions are welcome.
• Find a cure for the virus! Just kidding. However, keeping up with the latest news like you have been sending is helpful.
• Keep updating with any/all information regarding our industry and what small business employers can do.
• Nothing short of a cure or vaccine, but thank you.

As more and more states issue stay-at-home orders that require non-essential businesses to shut down, NAFED has received several calls asking if the service and maintenance of life safety and fire protection equipment and systems is considered an essential business.
 
We have reviewed several of the state orders and descriptions regarding essential businesses. We have also had discussions with others in the industry, and our consensus opinion is that YES, the installation, service, and maintenance of life safety and fire protection equipment is an essential business.
 
Although your operations are essential, you must remember that business is not “as usual.” You must take all the safety precautions that are currently required. Some actions that you should consider are:

• Can some of your employees work from home?
• Stagger arrival times for technicians, so they aren’t all in the shop at the same time.
• Can shop and office workers be separated by 6-foot distances?
• Stagger break and lunch times.
• Remind employees to WASH THEIR HANDS PROPERLY (20 seconds of lather before rinse).
• Remind employees to practice safe precautions when they are at customers' facilities.
• Provide disposable gloves and remind employees that they should wear and throw them away whenever they change environments or touch other surfaces.
• Ensure that employees are provided with the proper PPE if they have to go to any facility that treats or may have individuals that have or have been exposed to COVID-19. If you don't have PPE or do not know what is required, make it the responsibility of the customer to provide the required PPE.
• WASH YOUR HANDS.

 
NAFED along with FEMA and the Government Regulations Committee are monitoring the situation and a paper is being prepared for submittal to state and provincial agencies. Mark Conroy of Brooks Equipment is coordinating these efforts.
 
Visit the CDC, NIOSH, and your state's website for additional information.
 
There will be other changes to your operations caused by the COVID-19 pandemic, but it is important to remember to be safe.

We also have received additional guidance from industry partners and the Department of Homeland Security regarding essential operations during this time:
Guidance for Maintaining Fire Protection and Life Safety Systems Regardless of Occupancy Status (NFPA)
Guidance on the Essential Critical Infrastructure Workforce (DHS - Cyber & Infrastructure Security Agency)

Reason for Recall: 
Honeywell learned of a quality issue affecting certain lot numbers of Fibre Metal E2 Cap and North Peak A79 hard hats that may render them unable to provide the impact protection for which they were designed and certified.

Risk to Health: 
Although Honeywell is not aware of any safety incidents involving the affected hard hats, in cooperation with Health Canada and the U.S. Consumer Product Safety Commission, they have initiated a voluntary product recall of the items involved. The hard hats included in the recall may not provide the level of protection for which they were designed and certified in the case of impact.

Remedy:
Consumers should immediately stop using the recalled hard hats and contact Honeywell to receive a product credit or voucher equal to the purchase price of the recalled hard hat.

Consumer Contact:
Honeywell toll-free at 888-212-6903 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.honeywellsafety.com and click on Voluntary Product Recall for more information.

If this is an item you may have purchased from Brooks, those item numbers are:
YHH1
OHH2
WHH1
YHH2

View the CPSC recall here.

Read additional notes from Honeywell here.

​Now Available: Print–on–Demand Wall Certificates
You are now able to print your own wall certificates on myICC for your ICC Certification. Instead of waiting for the mail to get your wall certificate, ICC has added a Print-on-demand option for you to print your own certificate in your home or office. This comes at no additional cost to you.
 
Easily Print Your Certificate Online
When you are logged into myICC, click on the square "Certifications" button. Under "My Certificates" you will find a new column that gives you the option to print your certificate. When you click the print button, a new tab will appear where you will be allowed to download and save your certificate as a PDF or print from your computer.
 
Need to Use a Print Service?
You can send the downloaded PDF of your certificate to a print service, such as Office Depot, Kinko's, or Staples (costs for print services vary, but are generally less than $1.00 per page). Just upload your Certificate PDF and choose the Paper Type and Color on which you wish to print your Certificate. We've found that printing on heavier paper results in a wall certificate that looks great!

The Fire Equipment Manufacturers' Association has released a whitepaper on mounting extinguishers in compliance with the ADA and NFPA 101.

(PDF of the whitepaper available here)

​The following is the text of the whitepaper:

There is an important discussion currently underway about the manner in which portable fire extinguishers are installed, especially as it relates to the Americans with Disabilities Act (ADA) and health care occupancies required to comply with NFPA 101. It should be noted that ADA was adopted into law in 1990, and the wall projection criteria related to the mounting method of portable fire extinguishers hasn’t changed; therefore, it would be inaccurate to say that current practices are ADA violations. Most existing extinguishers are code compliant and new installations need to comply with the original intentions of all applicable regulations, including ADA and NFPA 101. This document is intended to clarify the requirements and dispel some misinformation that is circulating among the industry. The 2010 ADA Accessibility Guidelines (ADAAG) have two heights for installing protruding objects on walls. They relate to people with sight disabilities. The upper height is 80 inches above the walking surface to avoid a head injury from running into the object. The lower limit is 27 inches above the walking surface. This means that any protrusion that extends to a point 27 inches or less from the walking surface complies with the ADA rules regarding protrusions from walls. This rule is intended to accommodate the sight-impaired population.

A sight-impaired person with a cane can detect a protruding object mounted on a wall with a cane and walk around it. An extinguisher with the bottom at 27 inches or less off the floor can be detected with a cane. Installing the extinguisher hanger so that the bottom of the extinguisher is 27 inches or less from the finished floor is ADA compliant.

Extinguishers Installed on Hangers and in Surface Mounted Cabinets
Surface mounted extinguisher cabinets follow the same rules as extinguishers on hangers. Where the bottom of the extinguisher or the bottom of the surface mounted cabinet is 27 inches or less above the floor, the ADA 4-inch protrusion rule does not apply because ADA permits the extinguisher or cabinet to protrude any distance from the wall. Extinguishers that are not in the circulation path (a circulation path is a way of passage for pedestrian travel such as walks, hallways, ramps, stairways, landings, platform lifts and courtyards) are exempt from these ADA protrusion rules.

Extinguishers Installed in Semi-Recessed and Recessed Extinguisher Cabinets
One reason semi-recessed and recessed cabinets are selected is for aesthetics (they look nice). Another reason is where an extinguisher bottom needs to be higher than 27 inches from the floor. These cabinets are used because they comply with the ADA 4-inch protrusion rule.

NFPA 101 and Extinguishers
NFPA 101, Life Safety Code establishes rules for people to leave buildings safely during evacuations. The current rules establish a maximum protrusion limit of 4 ½ inches where extinguishers are normally installed in the path of egress (e. g. corridors). Extinguisher cabinets are commonly used for compliance. Some extinguishers installed on hangers are within the 4½inch limit, but they may pose unnecessary obstructions. Installing recessed and semi-recessed extinguisher cabinets in the path of egress achieves the desired result of removing obstructions from the egress route. These projection requirements pertain to all objects and fixtures, including extinguishers and extinguisher cabinets.

Some sales and marketing information relating to this issue may be misleading or not complete. We are providing this information to clarify the actual requirements. Your knowledge of these rules will support code compliant installations and potential savings for the end users.

The Unified Agenda of Regulatory and Deregulatory Actions was recently released and a long-in-development combustible dust rule (RIN: 1218-AC41) at OSHA was absent on the list of active actions. According to the Office of Information and Regulatory Affairs, “this Agenda represents the beginning of fundamental regulatory reform and a reorientation toward reducing unnecessary regulatory burden on the American people. By amending and eliminating regulations that are ineffective, duplicative, and obsolete, the Administration can promote economic growth and innovation and protect individual liberty.” According to Bloomburg BNA, business leaders in industries affected by the potential combustible dust rule, which would have offered additional protections for worker safety against a particularly troublesome hazard, cited it as too burdensome.

Sources: www.reginfo.gov/public/do/eAgendaMain, www.bna.com/trumps-osha-slashes-n73014462036/