the NFPA strikes back! Checkmate?

I was doing some background research behind some of my recent assertions about there being IFC/NFPA compliant states and non compliant IFC/NFPA states based upon whether a state had adopted either the IFC in whole which adopts the NFPA codes : 1122/1125/1127, or just adopted the NFPA codes themselves....

I, as was the KY State Fire Marshall, was under the evidently mistaken impressi Chapter 65 Explosives,Fireworks and Model Rocketry

65-5 Model Rocketry. The design, construction, limitations of propellant mass and power, and reliability of model rocket motors and model rocket motor reloading kits and their components produced commercially for sale to or use by the public for purposes of education, recreation, and sporting competition shall comply with NFPA 1122, Code for Model Rocketry.

65-6 Rocketry Manufacturing.

65-6.1 The manufacture of model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models shall comply with NFPA 1125, Code for the Manufacture of Model Rocket and High Power Rocket Motors. 65-6.2 Permits, where required, shall comply with 1-12.16.

65-7 High Power Rocketry.

65-7.1 The design, construction, limitations of propellant mass and power, and reliability of all high-power rocket motors and motor components produced commercially for sale to or use by the certified user for education, recreation, and sporting competition shall comply with NFPA 1127, Code for High Power Rocketry. 65-7.2 Permits, where required, shall comply with 1-12.16.

65-5 Model Rocketry is pretty clears... its states the obvious via NFPA

1122...

65-6 Rocketry Manufacturing to me is also clear , it seems to apply again ONLY to model rocketry: it says " the manufacture of model rocket motors......" it doesn't say "the manufacture of HPR motors...."

65-7 High Power Rocketry is ambigious to me..... " ALL high-power rocket motors... produced "commercially" for sale to/or use by "the certifed user" shall be in NFPA 1127 compliance....

What if the high-power rockets motors are produced commercially for sale/or use by "a uncertified user"....? It doesn't say that is a prohibited activity...

anyway....to make a long story short, it appears that perhaps all states may be IFC/NFPA compliant states if the state has adopted NFPA 1-Uniform Fire Code(2002(?)/2003(?)) in its entirety.....

shockie B)

Reply to
shockwaveriderz
Loading thread data ...

That just increases the certainty and extent damages arising from unreasonably withholding certifications by NAR and TRA by, for example, demanding ATF permits that the law,the lawyers they hired, the lawsuit they filed, and the vendors they decertified state, are not required.

Jerry

Reply to
Jerry Irvine

it appears to me, (and I may be wrong), that under NFPA 1 a state permit is required to be issued by the state(AHJ) if you want to be engaged in:

1-12.16 Permits shall be required in accordance with Table 1.12.16.

  1. High-Powered Rocketry

The manufacturing, sale and use of high powered rocketry.

  1. Rocketry Manufacturing

The manufacturing of model rocket

motors.

There doesn't seem to be any state permit requirements for sales or use of model rocketry products

shockie B)

Heres what NFPA 1 says about permits:

1-12 Permits and Approvals.

1-12.1 The authority having jurisdiction shall be authorized to establish

and issue permits, certificates, notices, approvals, or orders pertaining to fire

control and fire hazards pursuant to Section 1.12.

1-12.2 The authority having jurisdiction shall be permitted to revoke or

suspend a permit or approval issued if any violation of this Code is found

upon inspection or in case any false statements or misrepresentations have

been submitted in the application or plans on which the permit or approval

was based.

1-12.3 Any attempt to defraud or otherwise deliberately or knowingly

design; install; service; maintain; operate; sell; represent for sale; falsify

records, reports, or applications; or other related activity in violation of

the requirements prescribed by this Code shall be a violation of this Code.

Such violations shall be cause for immediate suspension or revocation of

any related licenses, certificates, or permits issued by this jurisdiction. In

addition, any such violation shall be subject to any other criminal or civil

penalties as available by the laws of this jurisdiction.

1-12.4 Revocation or suspension shall be constituted when the permittee is

duly notified by the authority having jurisdiction.

1-12.5 Any person who engages in any business, operation, or occupation,

or uses any premises, after the permit issued therefore has been suspended or

revoked pursuant to the provisions of this Code, and before such suspended

permit has been reinstated or a new permit issued, shall be in violation of

this Code.

1-12.6 A permit shall be predicated upon compliance with the requirements

of this Code and shall constitute written authority issued by the authority

having jurisdiction to maintain, store, use, or handle materials, or to conduct

processes that could produce conditions hazardous to life or property, or

to install equipment used in connection with such activities. Any permit

issued under this Code shall not take the place of any other license or permit

required by other regulations or laws of this jurisdiction. Where additional

permits are required by other agencies, approval shall be obtained from

those other agencies.

1-12.7 The authority having jurisdiction shall have the authority to require

an inspection prior to the issuance of a permit.

1-12.8 A permit issued under this Code shall continue until revoked or for

the period of time designated on the permit. The permit shall be issued to

one person or business only and for the location or purpose described in

the permit. Any change that affects any of the conditions of the permit shall

require a new or amended permit.

1-12.9 The authority having jurisdiction shall have the authority to grant

an extension of the permit time period upon presentation by the permittee

of a satisfactory reason for failure to start or complete the work or activity

authorized by the permit.

1-12.10 Applications for permits shall be made to the authority having

jurisdiction on forms provided by the jurisdiction and shall include the

applicant's answers in full to inquiries set forth on such forms. Applications

for permits shall be accompanied by such data as required by the authority

having jurisdiction and fees as required by the jurisdiction.

1-12.11 The authority having jurisdiction shall review all applications

submitted and issue permits as required. If an application for a permit is

rejected by the authority having jurisdiction, the applicant shall be advised

of the reasons for such rejection. Permits for activities requiring evidence of

financial responsibility by the jurisdiction shall not be issued unless proof of

required financial responsibility is furnished.

1-12.12 A copy of the permit shall be posted or otherwise readily accessible

at each place of operation and shall be subject to inspection as specified by

the authority having jurisdiction.

1-12.13 Any activity authorized by any permit issued under this Code shall

be conducted by the permittee or the permittee's agents or employees in

compliance with all requirements of this Code applicable thereto and in

accordance with the approved plans and specifications. No permit issued

under this Code shall be interpreted to justify a violation of any provision

of this Code or any other applicable law or regulation. Any addition or

alteration of approved plans or specifications shall be approved in advance

by the authority having jurisdiction, as evidenced by the issuance of a new

or amended permit.

1-12.14* Permits shall be issued by the authority having jurisdiction and

shall bear the name and signature of the authority having jurisdiction or that

of the authority having jurisdiction's designated representative. In addition,

the permit shall indicate the following:

(1) Operation or activities for which the permit is issued

(2) Address or location where the operation or activity is to be conducted

(3) Name and address of the permittee

(4) Permit number and date of issuance

(5) Period of validity of the permit

(6) Inspection requirements

1-12.15 Any application for, or acceptance of, any permit requested or

issued pursuant to this Code shall constitute agreement and consent by the

person making the application or accepting the permit to allow the authority

having jurisdiction to enter the premises at any reasonable time to conduct

such inspections as required by this Code.

SO If I want to do HPR in KY it appears that I should be getting myself some form of "state permit" to do HPR in KY...

IS that the way you read this?

shockie B)

Reply to
shockwaveriderz

PolyTech Forum website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.