Virginia Law

A. Change Section 5101.1 to read:

5101.1 Scope. The provisions of this chapter and NFPA 30B shall apply to the manufacturing, storage, and display of aerosol products. Manufacturing of aerosol products using hazardous materials shall also comply with Chapter 50.

B. Change Section 5101.2 to read:

5101.2 Permit required. Permits shall be required as set forth in Section 107.2.

C. Change Sections 5104.1, 5104.1.1, 5104.1.3.1, 5104.2, and 5104.2.2 to read:

5104.1 General. The inside storage of Level 2 and Level 3 aerosol products shall be maintained in accordance with Sections 5104.2 through 5104.7 and the applicable provisions of NFPA 30B and remain in accordance with the applicable building code.

5104.1.1 Plastic containers. Aerosol products in plastic containers larger than four fluid ounces (118 ml), but not to exceed 33.8 fluid ounces (1000 ml), shall be allowed only where in accordance with this section. The commodity classification shall be Class III commodities, as defined in the applicable NFPA 13 standard where any of the following conditions are met:

1. Base product has no fire point where tested in accordance with ASTM D 92, and nonflammable propellant.

2. Base product has no sustained combustion as tested in accordance with Appendix H, "Method of Testing for Sustained Combustibility," in U.S. Department of Transportation 49 CFR Part 173, and nonflammable propellant.

3. Base product contains up to 20% by volume (15.8% by weight) of ethanol, isopropyl alcohol, or both in an aqueous mix and nonflammable propellant.

4. Base product contains 4.0% by weight or less of an emulsified flammable liquefied gas propellant within an aqueous base. The propellant shall remain emulsified for the life of the product. Where such propellant is not permanently emulsified, the propellant shall be nonflammable.

5104.1.3.1 Storage, use, or handling. The storage, use, or handling of plastic aerosol X products shall be prohibited unless otherwise specified by the applicable building code.

5104.2 Storage in Groups A, B, E, F, I, and R. Storage quantities of Level 2 and Level 3 aerosol products in occupancies in Groups A, B, E, F, I, and R shall be limited and maintained in accordance with the applicable building code.

5104.2.2 Aerosol cooking spray products. Storage of aerosol cooking spray products in Groups A, B, E, F, and R occupancies shall not be more than 1,000 pounds (454 kg) net weight unless otherwise specified by the applicable building code.

D. Change Sections 5104.3 and 5104.3.1 to read:

5104.3 Storage in general purpose warehouses. Aerosol storage in general purpose warehouses utilized only for warehousing type operations involving mixed commodities shall be maintained in accordance with Section 5104.3.1 or 5104.3.2 and remain in accordance with the applicable building code.

5104.3.1 Nonsegregated storage. Nonsegregated storage areas shall be maintained in accordance with the applicable building code.

E. Delete Table 5104.3.1.

F. Change Section 5104.3.2 to read:

5104.3.2 Segregated storage. Segregated storage areas shall be maintained in accordance with the applicable building code.

G. Delete Table 5104.3.2.

H. Change Sections 5104.3.2.1 and 5104.3.2.2 to read:

5104.3.2.1 Chain link fence enclosures. Chain link fence enclosures shall be maintained in accordance with the applicable building code.

5104.3.2.2 Aisles. The minimum aisle requirements for solid pile or palletized segregated storage in general purpose warehouses shall be maintained in accordance with Table 5104.3.2.2 and remain in accordance with the applicable building code.

I. Delete the bottom two rows of Table 5104.3.2.2.

J. Change Sections 5104.3.3 through 5104.5 to read:

5104.3.3 Aerosol cooking spray products. Solid pile, palletized, or rack storage of aerosol cooking spray products in a general purpose warehouse shall not be more than 2,500 pounds (1135 kg) net weight unless protected in accordance with NFPA 30B or otherwise specified by the applicable building code.

5104.4 Storage in aerosol warehouses. The total quantity of Level 2 and Level 3 aerosol products in a warehouse utilized for the storage, shipping, and receiving of aerosol products shall not be restricted in structures complying with Sections 5104.4.1 through 5104.4.4.

5104.4.1 Automatic sprinkler system capability. Aerosol warehouses protected by an approved wet-pipe automatic sprinkler system in accordance with NFPA 30B and the applicable building code shall be maintained in accordance with Chapter 9. The highest classification level of aerosol product present shall not exceed the capability of the approved sprinkler system.

5104.4.2 Pile and palletized storage aisles. Solid pile and palletized storage shall be arranged so the maximum travel distance to an aisle is 25 feet (7620 mm). Aisles shall have a minimum width of four feet (1219 mm).

5104.4.3 Rack storage aisles. Rack storage shall be maintained in accordance with Chapter 32 and remain in accordance with the applicable building code.

5104.4.4 Combustible commodities. Combustible commodities other than flammable and combustible liquids shall be permitted to be stored in an aerosol warehouse.

Exception: Flammable and combustible liquids in one-quart (946 mL) metal containers and smaller shall be permitted to be stored in an aerosol warehouse.

5104.5 Storage in inside flammable liquid storage rooms. Inside flammable liquid storage rooms shall be maintained in accordance with Section 5704.3.7 unless otherwise approved by the applicable building code. The maximum quantities of aerosol products shall be maintained in accordance with the applicable code.

K. Delete Sections 5104.5.1 and 5104.5.2.

L. Change Sections 5104.6 and 5104.6.1 to read:

5104.6 Storage in liquid warehouses. The storage of Level 2 and Level 3 aerosol products in liquid warehouses shall be maintained in accordance with the applicable provisions of NFPA 30B. Unless otherwise approved by the applicable building code, the storage shall be maintained within segregated storage areas in accordance with Section 5104.3.2 and Sections 5104.6.1 through 5104.6.3.

5104.6.1 Containment. Spill control or drainage shall be maintained in accordance with the applicable building code.

5104.6.2 Sprinkler system. Sprinkler protection shall be maintained in accordance with Chapter 9.

5104.6.3 Opening protection into segregated storage areas. Fire doors or gates opening into the segregated storage area shall be maintained in accordance with Chapter 7 and remain in accordance with the applicable building code.

M. Change Section 5104.7 to read:

5104.7 Storage in Group M occupancies. Storage of Level 2 and Level 3 aerosol products in occupancies in Group M shall be maintained in accordance with the applicable building code. Retail display shall be maintained in accordance with Section 5106.

N. Delete Table 5104.7 and Sections 5104.8.1 and 5104.8.2.

O. Change Sections 5104.8, 5106.1, and 5106.2.1 to read:

5104.8 Storage of aerosol cooking spray products. Aerosol cooking spray products shall be permitted to be stored in a general purpose warehouse in accordance with the applicable building code.

5106.1 General. This section shall apply to the retail display of 500 pounds (227 kg) or more of Level 2 and Level 3 aerosol products and plastic Aerosol 3 products.

5106.2.1 Maximum quantities in retail display areas. Aerosol products in retail display areas shall not exceed quantities needed for display and normal merchandising and shall not exceed the quantities in the applicable building code.

P. Delete Table 5106.2.1.

Q. Change Sections 5106.2.2 and 5106.2.3 to read:

5106.2.2 Display of containers. Level 2 and Level 3 aerosol and plastic Aerosol 3 containers shall not be stacked more than six feet (1829 mm) high from the base of the aerosol array to the top of the aerosol array unless the containers are placed on fixed shelving or otherwise secured in an approved manner. When storage or retail display is on shelves, the height of such storage or retail display to the top of aerosol containers shall not exceed eight feet (2438 mm).

5106.2.3 Combustible cartons. Aerosol products located in retail display areas shall be removed from combustible cartons.

Exceptions:

1. Display areas that use a portion of combustible cartons that consist of only the bottom panel and not more than two inches (51 mm) of the side panel are allowed.

2. Where the display area is protected in accordance with Tables 6.3.2.7(a) through 6.3.2.7(l) of NFPA 30B, storage of aerosol products in combustible cartons is allowed.

R. Change Section 5106.2.4 to read:

5106.2.4 Retail display automatic sprinkler system. When an automatic sprinkler system is required for the protected retail display of aerosol products, the wet-pipe automatic sprinkler system shall be maintained in accordance with Chapter 9.

S. Change Sections 5106.2.5 through 5106.4 to read:

5106.2.5 Retail display automatic sprinkler system. Where an automatic sprinkler system is required for the protected retail display of aerosol products, the wet-pipe automatic sprinkler system shall be in accordance with the applicable NFPA 13 standard.

5106.3 Aerosol display and normal merchandising exceeding eight feet (2438 mm) high. Aerosol display and merchandising exceeding eight feet in height shall be maintained in accordance with Sections 5106.3.1 through 5106.3.3.

5106.3.1 Maximum quantities in retail display areas. Aerosol products in retail display areas shall not exceed quantities needed for display and normal merchandising and shall not exceed the quantities in the applicable building code.

5106.3.2 Automatic sprinkler protection. Where provided, automatic sprinkler protection for aerosol and plastic Aerosol 3 display and merchandising areas shall be maintained in accordance with the applicable building code.

5106.3.3 Separation of aerosol areas. Separation of aerosol and plastic Aerosol 3 areas shall be maintained in accordance with the applicable building code.

5106.4 Maximum quantities in storage areas. Aerosol and plastic Aerosol 3 products in storage areas adjacent to retail display areas shall not exceed the quantities approved under the applicable building code.

T. Delete Table 5106.4.

U. Change Sections 5106.5 through 5106.5.2 to read:

5106.5 Special protection design for Level 2 and Level 3 aerosols adjacent to flammable and combustible liquids in double-row racks. The display and merchandising of Level 2 and Level 3 aerosols adjacent to flammable and combustible liquids in double-row racks shall be maintained in accordance with Sections 5106.5.1 through 5106.5.8 or Section 5106.3.3.

5106.5.1 Fire protection. Fire protection for the display and merchandising of Level 2 and Level 3 aerosols in double-row racks shall be maintained in accordance with Chapter 9 and the applicable provisions of NFPA 30B.

5106.5.2 Cartoned products. Level 2 and Level 3 aerosols displayed or merchandised more than eight feet (2438 mm) above the finished floor shall be in cartons.

V. Change Sections 5106.5.3 through 5106.5.8 to read:

5106.5.3 Shelving. Shelving in racks shall be maintained in accordance with the applicable building code.

5106.5.4 Aisles. Aisles shall be maintained between rows of racks and adjacent solidly piled or palletized merchandise in accordance with the applicable building code.

5106.5.5 Flue spaces. Flue spaces in racks shall be maintained in accordance with the applicable building code.

5106.5.6 Horizontal barriers. Horizontal barriers shall be maintained in accordance with the applicable building code.

5106.5.7 Class I, Class II, Class III, Class IV, and plastic commodities. Class I, Class II, Class III, Class IV, and plastic commodities located adjacent to Level 2 and Level 3 aerosols and plastic Aerosol 3 shall maintain protection from an approved NFPA 13 sprinkler system where required in accordance with the applicable building code.

5106.5.8 Flammable and combustible liquids. Class I, Class II, Class III A, and Class III B liquids shall be allowed to be maintained adjacent to Level 2 and Level 3 aerosol products in accordance with the applicable building code.

W. Change Section 5107.1 to read:

5107.1 General. Manufacturing facilities shall be maintained in accordance with the applicable provisions of NFPA 30B and remain in accordance with the applicable building code.