January 24, 1983
WILLIAM W. GORDON
Regional Administrator - IV
JOHN B. MILES
Deputy Director, Federal Compliance and State Programs
Tennessee's Fire Protection Standard
The International Association of Fire Fighters has expressed concern that
some 18(b) States are not applying the Fire Protection standard to the public
sector. As you are aware, STP. 2-2.8A requires that 18(b) States'
application of 29 CFR 1910.156, Fire Brigades, include both private and
public sector employees. All of the 18(b) States except Oregon and Tennessee
have provided for public sector coverage under the standard. Some States
specifically expanded the scope of the standard to apply to the public
sector, and others have provided letters of assurance that the standard would
be applied to the public sector.
Tennessee's Fire Protection Standard has been reviewed by the Region and
forwarded to the National Office for approval. As discussed with Carl Bunn
of your staff, we cannot approve the standard until Tennessee either expands
the application of the standard to apply to the public sector, or provides a
letter of assurance that the standard will be applied to the public sector.
It is our understanding that Tennessee is unwilling to take either course of
action because the State plans to seek informal voluntary compliance from the
public sector. Such action is unacceptable.
We would appreciate your discussing this matter with the State to resolve
the situation. If you have any questions, or wish to discuss the matter
further, please contact Veronica Allen of my staff (202) 523-7092.