BOP Program Statement 1600.16 § 5

a. Authority Having Jurisdiction. Enforces this program statement and the NFC. They also

approve equipment, materials, installations, and procedures necessary for compliance with policy

and the NFC. The AD, HSD, is the AHJ for the Bureau.

b. Building Official. Is authorized to enforce the provisions of the approved Building Code.

They have the authority to render interpretations of the Building Code and adopt policies and

procedures needed to clarify the application and provisions of the Building Code.

c. Compliance with Codes and Standards. Each institution must be constructed, maintained,

and operated in compliance with the most recent edition of the fire protection codes, standards,

and regulations developed and published by the following agencies/organizations:

 National Fire Protection Association (NFPA)

 Occupational Safety and Health Administration (OSHA), U.S. Department of Labor

Existing buildings are not required to be modified to come into compliance with the latest edition

of the NFC, unless mandated by regulatory requirements.

Existing buildings must comply with the most recent NFPA 101, Life Safety Code requirements

for existing occupancies.

d. Building Changes (Rehabilitation). Building changes must comply with the NFC

requirements for new construction. The SA may authorize use of the Life Safety Code Building

Rehabilitation requirements on a case-by-case basis.

 In cases where a modification results in a “reconstruction” of the entire building, the rules

for new construction may be applied to the entire building.

e. Code Modifications. The AHJ may modify the NFC, as adopted by the Bureau. Where a

reasonable degree of safety can be provided, the AHJ may modify the requirements for existing

buildings if their application would be impractical in the judgment of the AHJ.

f. Building Codes. Buildings constructed or altered by the Bureau must be designed and

constructed in accordance with either the International Building Code or NFPA 5000, Building

Construction and Safety Code.

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The use of any other Building Code requires the approval of the AHJ.

g. Local Amendments. The use of local amendments to an approved Building Code must be

evaluated on a case-by-case basis and authorized by the AHJ. Local amendments that decrease

the level of safety of the original code are not acceptable.

h. Accessibility Design. The Architectural Barriers Act (ABA) will be used to address

accessibility design issues.

i. Additional Standards. Fire protection for conditions or operations not adequately addressed

by the codes and standards referenced above may use information published by:

 American Society for Testing and Materials (ASTM)

 American National Standards Institute (ANSI)

 FM Global (FM)

 Underwriters’ Laboratories (UL)

j. Prescriptive vs. Performance-Based Design Standards. Prescriptive design options of fire

protection codes, standards, and regulations must be used when possible.

 Prescriptive-Based Design Standards provides specific, detailed rules that must be

followed explicitly.

 Performance-Based Design Standards sets goals and requires engineering analysis or fire

modeling to demonstrate the design meets that goal).

Performance-based design options may be used with the approval of the AHJ.

k. Code Conflicts. Conflicts in the fire protection and life safety requirements between various

codes, standards, and regulations must be resolved as follows:

 Building Code vs. Life Safety Code. Where differences exist between the fire

protection and life safety requirements of the Building Code and the Life Safety Code,

follow the requirements of the Life Safety Code.

 Compliance with the Life Safety Code and applicable sections of the NFC is

considered equivalent to the life safety and fire protection requirements of the

Building Code.

 Building Code vs. National Fire Codes. Where differences exist between the fire

protection requirements of the Building Code and the NFC, follow the requirements of

the NFC.

 Compliance with the fire protection requirements of the applicable NFC sections is

considered equivalent to the fire protection requirements of the Building Code.

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 National Fire Codes vs. Life Safety Code. Where differences exist between the fire

protection and life safety requirements of the other National Fire Codes and the Life

Safety Code, follow the requirements of the Life Safety Code.

 National Fire Codes vs. National Fire Codes. Where differences exist between fire

protection and life safety requirements within the NFC, follow the more stringent

requirements.

 See Life Safety Code exception above.

 National Fire Codes vs. OSHA (Fire). Where differences exist between fire protection

and life safety requirements of the NFC and OSHA, follow the requirements of the Life

Safety Code.

 29 CFR 1910.35 allows compliance with the 2009 Life Safety Code to be considered

equivalent to compliance with OSHA provisions on egress.

 Compliance with a more recent edition of the Life Safety Code is also considered

equivalent.

 National Fire Codes vs. OSHA (Safety). Where differences exist between the worker

safety requirements of the NFC and OSHA, follow the more stringent requirements.

 National Fire Codes vs. Bureau Policy. Where differences exist between fire protection

and life safety requirements of Bureau policy and the NFC, Bureau policy applies.

 If future NFC changes create conflicts within policy, the AHJ may determine which

requirements apply.

 Bureau Policy vs. Bureau Policy. Where differences exist between fire protection and

life safety requirements of multiple Bureau policies, follow the more stringent

requirements.

l. Equivalent Levels of Protection. The use of systems, methods, or devices of equivalent or

superior quality, strength, fire resistance, effectiveness, durability, and safety over those

prescribed by the NFC or this program statement must be approved by the AHJ. Before

installation, technical documentation must be submitted to the AHJ for review.

m. Alternative Compliance Methods. Alternative systems, methods, or devices approved by

the AHJ are considered in compliance with Bureau policy and the NFC.

n. Equivalency (Request Process). Equivalency requests from institutions must be submitted

by the Warden, through the RD, to the AHJ.

o. Equivalency (System-Wide Request). System-wide equivalency requests must be submitted

by the Director or an AD to the AHJ.

p. AHJ Decisions. AHJ decisions on this program statement, NFC, equivalencies, or alternate

compliance methods are final.

q. Reconsideration. Requests for reconsideration of an AHJ decision may be accepted if

compelling additional information is provided.