EMERGENCY FINDING AND JUSTIFICATION

FOR ADOPTION OF EMERGENCY RULES RELATING TO

Standards for Hospitals and Health Facilities

6 CCR 1011-1, Chapter II, General Licensure Standards

Use of Antifreeze in Sprinkler Systems

Adopted by the State Board of Health

On September 15, 2010

Findings and Statement of Reason for Action

The Board finds that immediate adoption of these emergency rules to Standards for Hospitals and Health Facilities is imperatively necessary for the preservation of public health, safety, and welfare and that compliance with the requirements of Section 24-4-103, C.R.S. (notice and comment procedures), would be contrary to the public interest. These emergency rule changes are promulgated because someof Colorado's health care entities use antifreeze in their sprinkler systems and such use is year round (not simply during the onset of cold weather.)

In August 2010, the National Fire Protection Association (NFPA) determinedthat antifreeze solutions above certain concentrations may ignite and exacerbate fires. The determination is based in large part on testing by the Underwriters Laboratories (UL) that indicates that when sprinklers systems with certain concentrations of antifreeze solutions turn on, the sprinklering intensifiesthe flames explosively.

In August, NFPA issued Tentative Interim Amendments (TIAs)[1] to the 2010 edition of the Life Safety Code that prohibits the use of antifreeze for new construction of "dwelling units"in residential occupancies. The definition of "dwelling units" includes kitchens and resident use areas such as dining and sleeping rooms. It does not include areas such as attics, external canopies, garages, and storage. The proposed regulations mirror the prohibitions issued by the NFPA.

These rules are promulgated pursuant to Sections 25-1.5-103, C.R.S.

1

[1]TIAs are emergency rulings that are effective as code until the next meeting of the NFPA Standards Council (scheduled for June 2011). It is considered tentative because it was issued by the Standards Council and has not gone through the entire standards-making process.