Fire Brigade Regulations Wa

[Francisca Noggles]

TheNRC is prepared to consider, on an expedited basis, requests by individual licensees for exemptions from fire brigade medical exams, quarterly drills, and annual live firefighting training requirements that are contained in 10 CFR 50.48, "Fire protection."

All other requirements in 10 CFR 50.48, "Fire protection," remain in effect during the period of the exemption. These requirements provide reasonable assurance that requirements and processes are in place to allow for reactor safe shutdown.

On May 14, 2020, the NRC issued letters to industry describing an expedited process for licensees to request COVID-19-related exemptions from fire brigade annual medical exams, quarterly drills, and annual live fire training requirements contained in 10 CFR 50.48.

The COVID-19 PHE represents a challenging situation that may prevent licensees from meeting three specific fire brigade qualification and training requirements in 10 CFR 50.48. The NRC determined that expedited review is appropriate in light of the impact on licensee scheduling of personnel in consideration of the changing and evolving responses to COVID-19.

[T]he Commission believes that, while it is true that compliance with all NRC regulations provides reasonable assurance of adequate protection of the public health and safety, the converse is not correct, that failure to comply with one regulation or another is an indication of the absence of adequate protection, at least in a situation where the Commission has reviewed the noncompliance and found that it does not pose an "undue risk" to the public health and safety.

The decisions on any requested exemptions will be reviewed on a case-by-case basis and will not be granted unless the standards in 10 CFR 50.12(a) are met (e.g., the exemption will not present an undue risk to the public health and safety).

A licensee may only operate its facility as authorized by a license. If the NRC grants exemptions from specific requirements of the regulations, then references in the license are to be read in light of the exemption (e.g., a reference to "10 CFR 50.48(c)" is to be read as "10 CFR 50.48(c), as exempted"). The licensee is responsible for complying with its license and may request an amendment under 10 CFR 50.90 if the licensee desires to change the license condition.

No, the NRC is not planning to initiate a rulemaking to grant blanket waivers or any other generic exemption from fire protection requirements. Rather, the NRC will consider granting relief from specific regulations on a case-by-case basis for individual licensees in accordance with established regulatory processes such as exemption requests or license amendment requests.

Each licensee must use the definitions from its licensing basis. For example, National Fire Protection Association (NFPA) standard 600, "Standard on Industrial Fire Brigades," provides a definition that would be used by licensees who are subject to NFPA 600.

9. Does a licensee need prior NRC approval to make changes to their fire protection program to demonstrate compliance with the requirements for fire brigade annual medical exams, quarterly drills, and annual live fire-fighting practice?

A licensee may be able to make changes to their fire protection program without prior NRC approval provided they meet their licensing basis, license condition and follow their fire protection program and procedures.

Licensees with a deterministic fire protection licensing basis

Guidance on changes that "would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire," is located in RG 1.189, Regulatory Position 1.8 or GL 86-10.

Licensees with a risk-informed fire protection licensing basis

Guidance on changes that provide "functional equivalency" is provided in the individual fire protection license condition. NFPA 805 FAQ 12-0061 also contains discussion of functional equivalence.

Fire brigade means an organized group of employees that are knowledgeable, trained, and skilled in the safe evacuation of employees during emergency situations and in assisting in fire fighting operations. Note: The fire brigades standard applies to fire brigades, industrial fire departments and private or contractual type fire departments.

The duties of the fire brigade require making life and death decisions. They are responsible for the safe evacuation of personnel, putting out fires and dealing with a variety of hazards (known and unknown) within the work environment. In performing their duties, fire brigades face numerous safety and health hazards which may lead to injury, illness, and death.

Preparing before an emergency incident plays a vital role in ensuring that employers and workers have the necessary equipment, know where to go, and know how to keep themselves safe when an emergency occurs.

A hazardous chemical emergency response plan, hazard communication program, respirator program, and PPE hazard assessment can be downloaded and customized to fit an individual workplace. Other example safety and health programs are available for employers to download and adapt to their specific conditions.

These presentation on hazard communication, respiratory protection, fire extinguishers and personal protective equipment can be used by employers to assist in their employees' training and should be modified to reflect specific conditions and hazards in their workplaces. Other example presentations are available along with pre-recorded webinars which can be accessed at any time.

In addition, the education, training and technical assistance bureau provides free online safety and health training and outreach services (i.e., speaker's bureau requests, safety booths) upon request.

Related resources can be found on the safety and health topic pages for Related resources can be found on the safety and health topic pages for hazardous waste operations and emergency response, respiratory protection, personal protective equipment, hazard communication, emergency response, portable fire extinguishers and hazardous chemicals right to know.

2. Pre-fire planning. It is suggested that pre-fire planning be conducted by the local fire department and/or the workplace fire brigade in order for them to be familiar with the workplace and process hazards. Involvement with the local fire department or fire prevention bureau is encouraged to facilitate coordination and cooperation between members of the fire brigade and those who might be called upon for assistance during a fire emergency.

3. Organizational statement. In addition to the information required in the organizational statement, paragraph 1910.156(b)(1), it is suggested that the organizational statement also contain the following information: a description of the duties that the fire brigade members are expected to perform; the line authority of each fire brigade officer; the number of the fire brigade officers and number of training instructors; and a list and description of the types of awards or recognition that brigade members may be eligible to receive.

4. Physical capability. The physical capability requirement applies only to those fire brigade members who perform interior structural fire fighting. Employees who cannot meet the physical capability requirement may still be members of the fire brigade as long as such employees do not perform interior structural fire fighting. It is suggested that fire brigade members who are unable to perform interior structural fire fighting be assigned less stressful and physically demanding fire brigade duties, e.g., certain types of training, recordkeeping, fire prevention inspection and maintenance, and fire pump operations.

Physically capable can be defined as being able to perform those duties specified in the training requirements of section 1910.156(c). Physically capable can also be determined by physical performance tests or by a physical examination when the examining physician is aware of the duties that the fire brigade member is expected to perform.

It is also recommended that fire brigade members participate in a physical fitness program. There are many benefits which can be attributed to being physically fit. It is believed that physical fitness may help to reduce the number of sprain and strain injuries as well as contributing to the improvement of the cardiovascular system.

5. Training and education. The paragraph on training and education does not contain specific training and education requirements because the type, amount, and frequency of training and education will be as varied as are the purposes for which fire brigades are organized. However, the paragraph does require that training and education be commensurate with those functions that the fire brigade is expected to perform; i.e., those functions specified in the organizational statement. Such a performance requirement provides the necessary flexibility to design a training program which meets the needs of individual fire brigades.

At a minimum, hands-on training is required to be conducted annually for all fire brigade members. However, for those fire brigade members who are expected to perform interior structural fire fighting, some type of training or education session must be provided at least quarterly.

In addition to the required hands-on training, it is strongly recommended that fire brigade members receive other types of training and education such as: classroom instruction, review of emergency action procedures, pre-fire planning, review of special hazards in the workplace, and practice in the use of self-contained breathing apparatus.

It is not necessary for the employer to duplicate the same training or education that a fire brigade member receives as a member of a community volunteer fire department, rescue squad, or similar organization. However, such training or education must have been provided to the fire brigade member within the past year and it must be documented that the fire brigade member has received the training or education. For example: there is no need for a fire brigade member to receive another training class in the use of positive-pressure self-contained breathing apparatus if the fire brigade member has recently completed such training as a member of a community fire department. Instead, the fire brigade member should receive training or education covering other important equipment or duties of the fire brigade as they relate to the workplace hazards, facilities and processes.

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