§805-02 Flame-Retardant Scenery

   (a)   Scope. This section sets forth the standards, requirements and procedures for the testing and certification of flame-retardant scenery.

   (b)   General Provisions.

      (1)   Applicability. The requirements of this section apply to scenery in any Group A occupancy.

      (2)   Prohibition. It shall be unlawful to install or maintain in any Group A occupancy any scenery that is not flame-retardant in compliance with the requirements of FC805.2.

      (3)   Supervision. The treating of scenery with a coating to impart flame retardant shall be conducted by or under the personal supervision of a certificate of fitness holder.

      (4)   Affidavit of flame retardant. It shall be unlawful to install or maintain any scenery in any Group A occupancy unless an affidavit of flame retardant for such scenery has been filed with the Department in compliance with the requirements of this section.

   (c)   Testing of Flame-Retardant Scenery. Scenery that is coated with a flame-retardant coating to render them flame-retardant may be subject to a field flame test by Department representative at any time as set forth in this section.

      (1)   The material should be tested using a sample that is dry and, unless impracticable, approximately one and one-half (1¹/₂) inches wide by four (4) inches long.

      (2)   The flame test shall be performed in a draft-free, safe location, outdoors where practicable, and within ten (10) feet of a portable fire extinguisher with at least a 2-A rating.

      (3)   The sample shall be suspended (preferably with tongs) with the long axis vertical. The flame from a common wood match shall be applied to the center of the bottom edge of the sample for 12 seconds.

      (4)   The sample shall be deemed to be satisfactorily flame-retardant only when:

            (A)   the flaming does not spread rapidly over the sample;

            (B)   the sample does not continue to burn for more than two (2) seconds after the match has been withdrawn; and

            (C)   the flaming material does not break or drip from the sample and continue to burn.

   (d)   Affidavit of Flame-Retardant Coating.

      (1)   The owner of any premises in which there is any scenery that is required to be subjected to a flame-retardant coating shall, in accordance with the requirements of this section, file with the Department an affidavit of flame-retardant coating for each such scenery.

      (2)   Scenery that without the application of a flame-retardant coating cannot meet the fire-retardant requirements of FC805.2 shall be coated with a flame-retardant coating:

            (A)   before being installed in the premises;

            (B)   at the end of the time period following each flame-retardant coating that the manufacturer of the flame-retardant chemical warrants that the flame-retardant coating will be effective, but in no case more than three (3) years from the date of the last affidavit of flame-retardant coating filed with the Department; and

            (C)   any time the scenery fails to pass a field flame test conducted in accordance with the requirements of R805-02(c).

      (3)   The owner of the premises shall obtain from the person who performed the flame-retardant coating an affidavit of such flame-retardant coating that meets the requirements of R805-02(d)(4). Such owner shall file such affidavit with the Department in accordance with the requirements of R805-02(d)(5), and shall maintain on the premises for inspection by any Department representative a copy of such affidavit.

      (4)   An affidavit executed by the person who performed or personally supervised the flame-retardant coating and the testing of the flame-retardant scenery shall contain the following information:

            (A)   the name of the affiant, and the number and expiration date of his or her certificate of fitness for flame-retardant coating;

            (B)   the date of the coating and/or testing;

            (C)   the name of the manufacturer of the flame-retardant coating, its trade name and its Certificate of Approval number;

            (D)   a detailed description of the materials treated and a statement indicating that the flame-retardant coating used has been approved under the certificate of approval for the materials treated;

            (E)   the period of time that the manufacturer of the flame-retardant coating warrants that the material's flame retardant will be effective; and

            (F)   the affiant's certification that the material and the flame-retardant coating comply with R805-02(b), and that the affiant personally subjected a sample of the treated material to a flame test in accordance with the requirements of R805-02(c), or personally supervised such test, and the material passed such test.

      (5)   An affidavit of flame-retardant coating shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the scenery in the premises following the flame-retardant coating and/or testing of the scenery in accordance with R805-02(d)(2).

      (6)   The Department may reject any affidavit of flame-retardant coating that the Department determines is not in compliance with the requirements of this section, and shall give written notice of such determination to the owner of the Group A occupancy containing the scenery and to the certificate of fitness holder who executed such affidavit. The scenery shall be removed from the Group A occupancy and shall not be reinstalled until it has been subjected to a flame-retardant coating in compliance with the requirements of this section and a satisfactory affidavit of flame-retardant coating filed with the Department.

   (e)   Affidavit of Inherently Flame-Retardant Scenery.

      (1)   The owner of any premises in which there is any scenery made of material that inherently complies with the flame-retardant requirements of FC805.2 shall file an affidavit from a certificate of fitness holder for each such scenery attesting to such properties. The owner of such premises shall file with the Department in compliance with the requirements of this section, and shall maintain a copy of such affidavit on the premises for inspection by any Department representative.

      (2)   The affidavit of inherently flame-retardant scenery shall contain the following information:

            (A)   the name of the person who personally inspected and/or tested the scenery, and the number and expiration date of his or her certificate of fitness for flame-retardant coating;

            (B)   the name of the manufacturer of the material used in the scenery; and

            (C)   an exact description of the material used in the scenery, and a description of the properties of the material that render it flame-retardant.

      (3)   An affidavit of inherently flame-retardant scenery shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the scenery in the premises.

      (4)   The Department may reject any affidavit of inherently flame-retardant scenery that the Department determines is not in compliance with the requirements of this section, and shall give written notice of such determination to the owner of the premises containing the scenery and to the certificate of fitness holder who executed such affidavit. The scenery shall be removed and shall not be reinstalled until a satisfactory affidavit of inherently flame-retardant scenery has been filed with the Department, or the scenery has been subjected to a flame-retardant coating in accordance with the requirements of this section and a satisfactory affidavit of flame-retardant coating has been filed with the Department.

   (f)   Temporary Scenery. Notwithstanding any other provision of this section to the contrary, when scenery is installed or maintained in a premises on a temporary basis not to exceed 30 days, such as at a trade show or similar public gathering, the Department, in its discretion and upon a showing by the application that it would be an undue hardship to comply with the requirements of this section, may accept, in lieu of an affidavit of flame-retardant coating or inherently flame-retardant scenery, a testing report from a nationally recognized laboratory or certification from other qualified flame-retardant coating professionals acceptable to the Department indicating that the material is in compliance with the requirements of FC805.2. Nothing contained in this subdivision shall be construed to necessitate that representative samples or other merchandise displayed at trade shows or similar public gatherings comply with the requirements of this section.

   (g)   Enforcement. In addition to such other penalties that may be applicable for failure to comply with the requirements of FC Chapter 8 or this section, the Department may:

      (1)   order an owner of any premises containing scenery for which no affidavit has been filed with the Department or that fails a flame test to remove such scenery forthwith, and not to reinstall or maintain the scenery in any affected occupancy unless and until the scenery has been subjected to a flame-retardant coating and tested and an affidavit has been filed in accordance with this section.

      (2)   take appropriate action against the certificate of fitness holder for misconduct for improperly completing an affidavit of flame-retardant coating or inherently flame-retardant scenery.