OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

April 20, 1992

Mr. Joseph Anastasi
Safety Manager
Dover Elevator Company
333 Meadowland Parkway
Secaucus, New Jersey 07094-1801

Dear Mr. Anastasi:

Thank you for your inquiry of March 12, requesting an interpretation of the Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.253(b)(4)(iii), as it pertains to your special temporary storage carrier for oxygen and acetylene cylinders.

The heavy gauge metal partition on your proposed, portable carrier does not provide adequate protection of the oxygen cylinder from fire exposure from the other side where the acetylene cylinder is stored. The partition must be configured to prevent the fire from circumventing it. Also, the barrier must be constructed to withstand, without failure, fire exposure as required for a ½-hour fire resistance rating. The fire resistance rating of a fire barrier, including a noncombustible partition described in 1910.253(b)(4)(iii), is determined by testing in accordance with methods such as those described in the National Fire Protection Association (NFPA) Code, NFPA 251, Standard Methods for Fire Tests of building Construction and Materials.

Thank you for your interest in occupational safety and health. If we can be of further assistance, please contact us.

Sincerely,


Patricia K. Clark, Director
[Directorate of Enforcement Programs]

[Correction 3/9/2004]