[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44859-44863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18332]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 17, 51, 52, and 59

RIN 2900-AO90


Update to NFPA Standards, Incorporation by Reference

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations incorporating by reference the National Fire Protection 
Association (NFPA) codes and standards. These codes and standards are 
referenced in VA regulations concerning community residential care 
facilities, contract facilities for certain outpatient and residential 
services, Medical Foster Homes, and State home facilities. To ensure 
the continued safety of veterans in these facilities, VA is continuing 
to rely upon NFPA codes and standards for VA approval of such 
facilities. This rulemaking updates our regulations to adhere to more 
recent NFPA codes and standards.

DATES: This regulation is effective August 27, 2015. The incorporation 
by reference of certain publications listed in the regulations is 
approved by the Director of the Federal Register as of August 27, 2015.

FOR FURTHER INFORMATION CONTACT: David Klein, Fire Protection Engineer, 
(10NA8), Veterans Health Administration, Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-7888. 
(This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on July 15, 2014, VA proposed to amend its regulations 
concerning the incorporation by reference of the National Fire 
Protection Association (NFPA) codes and standards applicable to 
community residential care facilities, contract facilities for 
outpatient and residential treatment services for veterans with alcohol 
or drug dependence or abuse disabilities, Medical Foster Homes, and 
State home facilities. 79 FR 41153. We stated in the proposed rule that 
VA's regulations that govern these facilities require that these 
facilities meet certain provisions of the codes and standards published 
by NFPA. These codes and standards are reviewed and updated by NFPA on 
a 3-year cycle. We also stated that 38 CFR 17.1 is the regulation where 
VA incorporates by reference the NFPA codes and standards cited in 
Sec. Sec.  17.63, 17.74, 17.81, and 17.82. The NFPA codes and standards 
are also referenced in Sec. Sec.  51.200, 52.200, and 59.130. VA relies 
on the NFPA codes and standards in order to provide consistency across 
the country. By adopting the most current editions of these codes and 
standards, VA works to ensure that veterans reside and receive care in 
facilities that are safe while ensuring that these facilities maintain 
high levels of safety by following one set of codes and standards for 
the design, renovation, and inspection for community facilities used or 
approved by VA.
    This rulemaking amends Sec.  17.1 to reflect the current edition of 
NFPA 101, Life Safety Code, and the editions of the NFPA codes and 
standards that are cited in Chapter 2 of NFPA 101. This rulemaking also 
amends Sec. Sec.  51.200, 52.200, and 59.130 to reflect the current 
editions of NFPA 101, Life Safety Code, and NFPA 99, Health Care 
Facilities Code. The NFPA codes and standards that have been updated 
since we published current Sec.  17.1 are NFPA 101, Life Safety Code 
(2009 edition); NFPA 25, Standard for the Inspection, Testing, and 
Maintenance of Water-Based Fire Protection Systems (2008 edition); NFPA 
30, Flammable and Combustible Liquids Code (2008 edition); and NFPA 
720, Standard for the Installation of Carbon Monoxide (CO) Detection 
and Warning Equipment (2009 edition). The NFPA codes and standards 
updated from the editions referenced in current Sec. Sec.  51.200 and 
59.130 are NFPA 101 (2009 edition) and NFPA 99, Standard for Health 
Care Facilities (2005). NFPA codes and standards updated from the 
edition referenced in current Sec.  52.200 is NFPA 101, Life Safety 
Code (2000 edition). This final rulemaking updates the references to 
these NFPA codes and standards in the cited VA regulations to reflect 
the most recent editions cited in NFPA 101, Life Safety Code (2012 
edition). We are also updating cited references within VA regulations 
to be consistent with the current NFPA codes and standards. In some 
cases, reorganization of material in the NFPA codes and standards, 
without change in substance, has affected the citation within VA 
regulations, and we are making minor amendments to reflect these 
changes.
    We provided a 60-day comment period, which ended on September 15, 
2014. We received one comment on the proposed rule. The commenter 
supported the proposed rule, but indicated that the 2015 Edition of 
NFPA 101 became available on September 11, 2014. The commenter 
suggested that in addition to the changes in the proposed rule, VA 
adopt the 2015 standards as well. We agree with the commenter, however, 
prior to adopting the new standards, VA will issue a proposed 
rulemaking and allow the public to comment on the NFPA 101 standards 
for 2015 before these changes can become final. VA will address the 
suggestion in a future rulemaking.
    This final rule is reorganizing Sec.  17.1 by placing the NFPA 
standards in numerical order. These edits to Sec.  17.1 are technical 
only. We are not making any edits to the content of Sec.  17.1, other 
than those already stated in the proposed rulemaking. We are also 
amending Sec. Sec.  51.200 and 59.130 by removing the incorporation by 
reference language from the individual paragraphs where the NFPA codes 
are referenced and adding a new paragraph that will incorporate by 
reference all of the NFPA codes currently referenced in each paragraph. 
The new paragraph in Sec. Sec.  51.200 and 59.130 adds clarity to each 
section but does not alter the content. This merely is a technical 
change.
    In the proposed rulemaking, we stated that we would be adding a new 
paragraph (c) to Sec.  17.1. This subparagraph was intended to permit 
fire and safety specialists to determine when upgrades to existing 
facilities are necessary on a case-by-case basis. The proposed 
paragraph was intended as an exception to the NFPA codes and standards 
for Medical Foster Homes. Upon further consideration, we are not going 
to adopt the new paragraph (c) in Sec.  17.1 because this regulation 
merely

[[Page 44860]]

establishes the incorporation by reference of NFPA standards and does 
not address the enforcement of such standards. The proposed paragraph 
(c) would have essentially acted as an exception to the NFPA standards, 
however, this exception is already present in the sections of the NFPA 
standards that are incorporated by reference in Sec.  17.1. 
Specifically, the exception that was proposed in paragraph (c) is 
covered for community residential care facilities, contract facilities 
for certain outpatient and residential services, and State home 
facilities through NFPA 101 Chapter 2. The Medical Foster Homes, 
however, are unique in that they do not fall into any specific 
occupancy category within NFPA 101 and thus to ensure that the 
exception will also apply to Medical Foster Homes, we are incorporating 
the proposed language in Sec.  17.1(c) into current Sec.  17.74(a)(3), 
which specifically relates to Medical Foster Home owners. The 
provisions added to Sec.  17.74(a)(3) excepts Medical Foster Home 
owners from the blanket requirement of having to modify existing fire 
protection systems to meet the updated installation standards and 
instead permits fire and safety specialists to determine when upgrades 
to existing facilities are necessary on a case-by-case basis. This 
exception will only apply to existing Medical Foster Homes. New homes 
to the program will be required to meet the updated editions of the 
fire protection system installation standards. We believe that the non-
adoption of the proposed paragraph (c) of Sec.  17.1 and the inclusion 
of the language in proposed Sec.  17.1(c) in Sec.  17.74(a)(3) is non-
substantive and a logical outgrowth of the proposed rulemaking.
    We have revised Sec.  51.200(a) by removing the exception for the 
application of NFPA 101 (2009 edition) for paragraph 19.3.5.1. This 
exception was added to delay the enforcement of paragraph 19.3.5.1 
until August 13, 2013. Since this date has passed and State homes were 
on notice that the exception would expire on this date, we are making a 
technical change to remove the outdated language.
    Based on the rationale set forth in the SUPPLEMENTARY INFORMATION 
to the proposed rule and in this final rule, VA is adopting the 
proposed rule as a final rule with the changes stated in the 
SUPPLEMENTARY INFORMATION of this rulemaking.

Approval of Incorporations by Reference

    This rulemaking updates the references to the NFPA codes and 
standards in the cited VA regulations. NFPA 101, Life Safety Code, is 
the primary source document that establishes the safety requirements 
for newly constructed and existing facilities. NFPA 101 is unique in 
that it provides a different set of requirements for the same type of 
facility based on whether the facility is to be newly constructed or 
already exists. The provisions of NFPA 25 and 720 used in VA's 
regulations are generally relied on to establish the requirements for 
the inspection, testing, and maintenance of already installed existing 
systems, and the majority of the changes in the updated editions are 
relatively minor with respect to inspection, testing, and maintenance. 
We believe that compliance with these minor revisions would not be 
difficult for the affected facilities. This rulemaking updates NFPA 25 
to the 2011 edition and updates NFPA 720 to the 2012 edition. The 2012 
edition of NFPA 99, Health Care Facilities Code, revises the fire 
safety standards to provide for safety standards that are based on the 
risk of a critical condition and remain relatively unchanged from the 
previous edition. The standard for NFPA 30, Flammable and Combustible 
Liquids Code, has not changed; however, the paragraph that contains the 
definition of safety can has changed in the 2012 edition. We are 
removing the citation to the specific paragraph and merely referencing 
the standard to avoid future minor reorganizational changes made by 
NFPA. The materials for which we are seeking incorporation by reference 
are available for inspection at the ANSI Incorporation by Reference 
(IBR) Portal, http://ibr.ansi.org. Copies may be obtained from the 
National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 
02269. (For ordering information, call toll-free 1-800-344-3555.)

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance must be read to conform with 
this rulemaking if possible or, if not possible, such guidance is 
superseded by this rulemaking.

Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule updates current fire safety standards and will not 
require more than a modest capital investment on the part of affected 
entities. The changes to Sec.  17.1 will likely affect between 50 and 
100 of the 1,293 community residential care facilities approved for 
referral of veterans under the regulations. Medical Foster Homes are 
small entities, providing between 1 and 3 resident beds to veterans in 
each Medical Foster Home. The changes to Sec.  17.74 will likely affect 
fewer than 10 of the 561 Medical Foster Homes approved by VA for 
referral under the regulations. Any additional costs for compliance 
with the final rule incurred by either community residential care 
facilities or Medical Foster Homes will constitute an inconsequential 
amount of the operational costs of such facilities.
    Where modification is anticipated, such as adding heat detection to 
unused attic space, the impact is minimal because the costs to comply 
with the new requirements range from $100.00 to $500.00 dollars, which 
includes labor costs. In many cases, the adoption of the current NFPA 
codes and standards provides options that are less restrictive than the 
prior NFPA codes and standards. The changes to Sec. Sec.  17.81 and 
17.82 will affect only small entities; however, most, if not all, of 
these entities are already in compliance with the current NFPA codes 
and, therefore, should not be significantly impacted by this rule. The 
changes to parts 51, 52, and 59 will affect State homes. The State 
homes that will be subject to this rulemaking are State government 
entities under the control of State governments. All State homes are 
owned, operated and managed by State governments except for a small 
number operated by entities under contract with State governments. 
These contractors are not small entities. On this basis, the Secretary 
certifies that the adoption of this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. Therefore, under 5 U.S.C. 605(b), this rulemaking is exempt from 
the final regulatory flexibility analysis requirements of 5 U.S.C. 604.

[[Page 44861]]

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' which requires review by the Office 
of Management and Budget (OMB) unless OMB waives such review, as ``any 
regulatory action that is likely to result in a rule that may: (1) Have 
an annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities; (2) 
Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) Materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) Raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for VA 
Regulations Published From FY 2004 Through Fiscal Year to Date.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.005, Grants to States for 
Construction of State Home Facilities; 64.007, Blind Rehabilitation 
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical 
Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans 
Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans 
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, 
Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care; 
64.018, Sharing Specialized Medical Resources; 64.019, Veterans 
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based 
Primary Care.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Robert L. 
Nabors II, Chief of Staff, Department of Veterans Affairs, approved 
this document on July 20, 2015, for publication.

List of Subjects

38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, Grant programs--health, Grant programs--veterans, 
Health care, Health facilities, Health professions, Health records, 
Homeless, Incorporation by reference, Medical and dental schools, 
Medical devices, Medical research, Mental health programs, Nursing 
homes, Philippines, Reporting and recordkeeping requirements, 
Scholarships and fellowships, Travel and transportation expenses, 
Veterans.

38 CFR Part 51

    Administrative practice and procedure, Claims, Day care, Dental 
health, Government contracts, Grant programs--health, Grant programs--
veterans, Health care, Health facilities, Health professions, Health 
records, Incorporation by reference, Mental health programs, Nursing 
homes, Reporting and recordkeeping requirements, Travel and 
transportation expenses, Veterans.

38 CFR Part 52

    Administrative practice and procedure, Claims, Day care, Dental 
health, Government contracts, Grant programs--health, Grant programs--
veterans, Health care, Health facilities, Health professions, Health 
records, Incorporation by reference, Mental health programs, Nursing 
homes, Reporting and recordkeeping requirements, Travel and 
transportation expenses, Veterans.

38 CFR Part 59

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, Grant programs--health, Grant programs--veterans, 
Health care, Health facilities, Health professions, Health records, 
Homeless, Incorporation by reference, Medical and dental schools, 
Medical devices, Medical research, Mental health programs, Nursing 
homes, Reporting and recordkeeping requirements, Travel and 
transportation expenses, Veterans.

    Dated: July 22, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of 
the General Counsel, Department of Veterans Affairs.

    For the reasons set forth in the preamble, VA amends 38 CFR parts 
17, 51, 52, and 59 as follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  38 U.S.C. 501, and as noted in specific sections.


0
2. Revise Sec.  17.1 to read as follows:


Sec.  17.1  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce an edition of a publication 
other than that specified in this section, VA will provide notice of 
the change in a rule in the Federal Register and the material will be 
made available to the public. All approved materials are available for 
inspection at the Department of Veterans Affairs, Office of Regulation 
Policy and Management (02REG), 810 Vermont Avenue NW., Room 1068, 
Washington, DC 20420, call 202-461-4902, or at the National Archives 
and Records Administration (NARA). For information on the availability 
of

[[Page 44862]]

approved materials at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) National Fire Protection Association, 1 Batterymarch Park, 
Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-
3555).
    (1) NFPA 10, Standard for Portable Fire Extinguishers (2010 
edition), Incorporation by Reference (IBR) approved for Sec. Sec.  
17.63, 17.74, and 17.81.
    (2) NFPA 13, Standard for the Installation of Sprinkler Systems 
(2010 edition), IBR approved for Sec.  17.74.
    (3) NFPA 13D, Standard for the Installation of Sprinkler Systems in 
One- and Two-Family Dwellings and Manufactured Homes (2010 edition), 
IBR approved for Sec.  17.74.
    (4) NFPA 13R, Standard for the Installation of Sprinkler Systems in 
Residential Occupancies Up To and Including Four Stories in Height 
(2010 edition), IBR approved for Sec.  17.74.
    (5) NFPA 25, Standard for the Inspection, Testing, and Maintenance 
of Water-Based Fire Protection Systems (2011 edition), IBR approved for 
Sec.  17.74.
    (6) NFPA 30, Flammable and Combustible Liquids Code (2012 edition), 
IBR approved for Sec.  17.74.
    (7) NFPA 72, National Fire Alarm and Signaling Code (2010 edition), 
IBR approved for Sec.  17.74.
    (8) NFPA 101, Life Safety Code (2012 edition), IBR approved for 
Sec. Sec.  17.63, 17.74 (chapters 1 through 11, 24, and section 33.7), 
17.81, and 17.82.
    (9) NFPA 101A, Guide on Alternative Approaches to Life Safety (2010 
edition), IBR approved for Sec.  17.63.
    (10) NFPA 720, Standard for the Installation of Carbon Monoxide 
(CO) Detection and Warning Equipment (2012 edition), IBR approved for 
Sec.  17.74.

(Authority: 5 U.S.C. 552(a), 38 U.S.C. 501, 1721.)



0
3. Amend Sec.  17.74 as follows:
0
a. By revising paragraph (a)(3).
0
b. In paragraph (g)(1), by removing ``sections 24.3.4.1 or 24.3.4.2 of 
NFPA 101 (incorporated by reference, see Sec.  17.1); section 24.3.4.3 
of NFPA 101'' and adding in its place ``sections 24.3.4.1.1 or 
24.3.4.1.2 of NFPA 101 (incorporated by reference, see Sec.  17.1); 
section 24.3.4.1.3 of NFPA 101''.
0
c. In paragraph (o)(2), by removing ``section 3.3.44 of''.
    The revision reads as follows:


Sec.  17.74  Standards applicable to medical foster homes.

    (a)* * *
    (3) Except as otherwise provided in this section, meet the 
applicable provisions of chapters 1 through 11 and 24, and section 33.7 
of NFPA 101 (incorporated by reference, see Sec.  17.1), and the other 
codes and chapters identified in this section, as applicable. Existing 
buildings or installations that do not comply with the installation 
provisions of the codes or standards referenced in paragraph (b)(1) 
through (5), (b)(8), and (b)(10) of Sec.  17.1 shall be permitted to be 
continued in service, provided that the lack of conformity with these 
codes and standards does not present a serious hazard to the occupants.
* * * * *

PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES

0
4. The authority citation for part 51 continues to read as follows:

    Authority:  38 U.S.C. 101, 501, 1710, 1720, 1741-1743; and as 
stated in specific sections.


0
5. Amend Sec.  51.200 by revising paragraphs (a) and (b) and adding 
paragraph (i) to read as follows:


Sec.  51.200  Physical environment.

* * * * *
    (a) Life safety from fire. The facility must meet the applicable 
provisions of NFPA 101, Life Safety Code and NFPA 99, Health Care 
Facilities Code.
    (b) Emergency power. (1) An emergency electrical power system must 
be provided to supply power adequate for illumination of all exit signs 
and lighting for the means of egress, fire alarm and medical gas 
alarms, emergency communication systems, and generator task 
illumination.
    (2) The system must be the appropriate type essential electrical 
system in accordance with the applicable provisions of NFPA 101, Life 
Safety Code and NFPA 99, Health Care Facilities Code.
    (3) When electrical life support devices are used, an emergency 
electrical power system must also be provided for devices in accordance 
with NFPA 99, Health Care Facilities Code.
    (4) The source of power must be an on-site emergency standby 
generator of sufficient size to serve the connected load or other 
approved sources in accordance with NFPA 101, Life Safety Code and NFPA 
99, Health Care Facilities Code.
* * * * *
    (i)(1) Incorporation by reference of these materials was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. These materials incorporated by reference are 
available for inspection at the Department of Veterans Affairs, Office 
of Regulation Policy and Management (02REG), 810 Vermont Avenue NW., 
Room 1068, Washington, DC 20420, call 202-461-4902, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (2) National Fire Protection Association, 1 Batterymarch Park, 
Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-
3555).
    (i) NFPA 99, Health Care Facilities Code, Including all Gas & 
Vacuum System Requirements, (2012 Edition).
    (ii) NFPA 101, Life Safety Code (2012 edition).
* * * * *

PART 52--PER DIEM FOR ADULT DAY HEALTH CARE OF VETERANS IN STATE 
HOMES

0
6. The authority citation for part 52 continues to read as follows:

    Authority:  38 U.S.C. 101, 501, 1741-1743, unless otherwise 
noted.


Sec.  52.200  [Amended]

0
7. Amend Sec.  52.200(a) by removing ``NFPA 101, Life Safety Code, 2000 
edition'' and add in its place ``NFPA 101, Life Safety Code (2012 
edition)''.

PART 59--GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE 
HOMES

0
8. The authority citation for part 59 continues to read as follows:

    Authority:  38 U.S.C. 101, 501, 1710, 1742, 8105, 8131-8137.


0
9. Amend Sec.  59.130 by revising paragraph (d)(1) and adding paragraph 
(i) to read as follows:


Sec.  59.130  General requirements for all State home facilities.

* * * * *
    (d)(1) State homes must meet the applicable provisions of NFPA 101, 
Life Safety Code, except that the NFPA requirement in paragraph 
19.3.5.1 for all buildings containing nursing homes to have an 
automatic sprinkler system is not applicable until February 24, 2016 
for ``existing buildings'' with nursing home facilities as of June 25, 
2001 (paragraph 3.3.36.5 in the NFPA 101 defines an ``[e]xisting 
[b]uilding'' as ``[a] building erected or officially authorized prior 
to the effective date of the adoption of this edition of the Code by

[[Page 44863]]

the agency or jurisdiction''), and NFPA 99, Heath Care Facilities Code.
* * * * *
    (i)(1) Incorporation by reference of these materials was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. These materials, incorporated by reference, 
are available for inspection at the Department of Veterans Affairs, 
Office of Regulation Policy and Management (02REG), 810 Vermont Avenue 
NW., Room 1068, Washington, DC 20420, call 202-461-4902, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (2) National Fire Protection Association, 1 Batterymarch Park, 
Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-
3555.)
    (i) NFPA 99, Health Care Facilities Code, Including all Gas & 
Vacuum System Requirements, (2012 Edition).
    (ii) NFPA 101, Life Safety Code (2012 edition).
* * * * *
[FR Doc. 2015-18332 Filed 7-27-15; 8:45 am]
BILLING CODE 8320-01-P