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CTA Report, Draft 1, ISP Review - US Chemical Safety and Hazard ...

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facilities, including combustible dust-h<strong>and</strong>ling operations. The State Fire Marshal enforces the st<strong>and</strong>ards,<br />

including approving new construction permits <strong>and</strong> conducting inspections.<br />

The St<strong>and</strong>ards of <strong>Safety</strong> in effect in 1972—when CertainTeed constructed the facility—incorporated the<br />

National Building Code (NBC, published by the American Insurance Association), 1967 edition; National<br />

Fire Codes (NFC, published by NFPA), 1970-71 edition (all 10 volumes); <strong>and</strong> NEC, 1968 edition. The<br />

CertainTeed process for which the facility was constructed used a phenolic resin that was a combustible<br />

dust.<br />

NFC includes dust fire <strong>and</strong> explosion prevention st<strong>and</strong>ards, such as NFPA 654, though they are not<br />

specifically referenced in the St<strong>and</strong>ards of <strong>Safety</strong>. The State Fire Marshal permitted construction of the<br />

facility in 1972, even though CertainTeed had not incorporated combustible dust protection into the<br />

design.<br />

In 1977, the Beverly Hills Supper Club fire in Southgate, Kentucky, killed 165 people <strong>and</strong> injured another<br />

70. This incident prompted major changes in State enforcement of building construction <strong>and</strong> inspection.<br />

A team of investigators commissioned by the governor of Kentucky concluded: “During the period of<br />

time from December 1970 until May 28, 1977, the fire marshal’s office did not implement a proper<br />

inspection program which would have revealed code violations.”<br />

In the aftermath of the Supper Club fire, Kentucky adopted a State building code (815 Kentucky<br />

Administrative Regulation 7:120) <strong>and</strong> created the Department of Housing, Buildings, <strong>and</strong> Construction to<br />

regulate the construction <strong>and</strong> use of buildings. The Office of State Fire Marshal became a division of the<br />

new department, with responsibility limited to the safety of existing buildings. Another division within<br />

the department—Building Codes Enforcement—regulated the Kentucky Building Code as it pertained to<br />

the construction of new buildings <strong>and</strong> alterations, additions, <strong>and</strong> changes of occupancy to existing<br />

buildings. In 2004, the Department was renamed the Office of Housing, Buildings, <strong>and</strong> Construction.<br />

86

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