7-45 Log #3087 NEC-P07 Final Action: Reject
(334.10(3))
Submitter: Joseph A. Hertel, Safety and Buildings
Recommendation: Substitute the following wording for 334.10 (intro)(3):
Other structures permitted to be of Types III, IV and V construction except as
prohibited in 334.12.
Substantiation: The language requiring that “cables shall be concealed within
walls, floors, or ceilings that provide a thermal barrier of material that has at
least a 15-minute finish rating” is not complied with and largely ignored in
practice. Compliance would require that all installations in detached garages
(Type V structures) where NM cables are installed, dairy and horse facilities
(Type V structures) where UF cable is used and many other stand alone
structures of Types III, IV or V construction would require gypsum wallboard
to provide the 15-minute finish rating.
Panel Meeting Action: Reject
Panel Statement: Violations of the NEC requirements are not reason for
changing requirements of the Code. The present text is inclusive of all “Other
Structures”. The substantiation addresses only unfinished garages and
agriculture installations where Type UF cable is preferred. No substantiation
has been submitted to address why the 15- minute finish rating for these and
other commercial and non-residential installations should not be required. The
panel advises the submitter that these installations might be more appropriately
addressed under the Type UF Cable Article.
Number Eligible to Vote: 14
Ballot Results: Affirmative: 13 Negative: 1
Explanation of Negative:
DALY, J.: The Proposal should have been Accepted in Principle with the
following additional text added into the existing 334.10(3):
Add an Exception immediately following 334.10(3) to read: “Exception: A
thermal barrier of material that has at least a 15-minute finish rating shall not
be required when Type UF cable is installed as nonmetallic- sheathed cable in
animal housing facilities classified as storage occupancies.”
Add a Fine Print Note after FPN No. 2 to read: “FPN No. 3 to Exception:
Classification of animal housing facilities as storage occupancies is defined in
NFPA 1-2006, Uniform Fire Code, NFPA 101-2006, Life Safety Code, and
NFPA 5000-2006, Building Construction and Safety Code.”
Revise existing “FPN No. 1” to “FPN No. 1 to (3)” and “FPN No. 2” to “FPN
No. 2 to (3)”.
The three NFPA Codes classify any type of animal housing facility as a
storage occupancy, defined as an “occupancy used for the storage or sheltering
of goods, merchandise, products, vehicles, or animals.” A storage occupancy is
typically characterized by the presence of few people, usually only owners and
employees. If members of the public enter the building, the building can no
longer be considered simply a storage occupancy. Additional information is
contained in the NFPA Journal, November/December 2004 issue, page 22.
At its July 2004 meeting, the NFPA Standards Council approved an expansion
of NFPA 150, Racetrack Stables, to include life and fire safety requirements for
both humans and animals in all types of animal housing facilities and it
changed the name of the committee to the Technical Committee on Animal
Housing Facilities.
