[Federal Register Volume 64, Number 79 (Monday, April 26, 1999)]
[Notices]
[Page 20304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10395]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
Applicability of Hotel and Motel Fire Safety Act to Colleges and
Universities
AGENCY: U.S. Fire Administration (FEMA).
ACTION: Notice.
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SUMMARY: We (FEMA) give notice of the applicability of the Hotel and
Motel Fire Safety Act to colleges and universities. Colleges and
universities that hold meetings, conferences, seminars and other
activities sponsored or funded in whole or part by Federal monies must
comply with the fire prevention and control guidelines under the Hotel
and Motel Fire Safety Act, including installation of smoke detectors,
and sprinkler systems where applicable.
FOR FURTHER INFORMATION CONTACT: John Ottoson, Project Officer, Hotel
and Motel Fire Safety, USFA, 16825 S. Seton Avenue, Emmitsburg, MD
21727. Inquiries may also be made by telephone (301) 447-1272, by
facsimile (301) 447-1102, or by email: [email protected].
SUPPLEMENTARY INFORMATION:
Policy
Colleges and universities that hold meetings, conferences, seminars
and other activities sponsored or funded in whole or part by Federal
monies must comply with the fire prevention and control guidelines
under the Hotel and Motel Fire Safety Act, including installation of
fire and smoke detectors, and sprinkler systems where applicable.
Background
The Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. 2225a et
seq., set standards for fire prevention and control in places of public
accommodation affecting commerce. The Act requires federal employees on
travel to stay in public accommodations that adhere to the life safety
requirements in the legislation guidelines. The Act also states that
federally funded meetings and conferences cannot be held in properties
that do not comply with the law. These requirements include
installation of hard-wired, single station smoke detectors in each
guest room of each place of public accommodation, and an automatic
sprinkler system in each place of public accommodation that is more
than three stories in height. Properties three stories or lower in
height are exempt from the sprinkler requirement.
The Act further requires each State to submit to the Director of
the Federal Emergency Management Agency (FEMA) a list of places of
public accommodation in the State that comply with the Act's fire
safety standards. FEMA compiles, maintains, and publishes a National
Master List of Fire Safe Hotels and Motels on the Internet at http://
www.fema.gov/hotel. Under the Act a property is in compliance when it
is included in the National Master List.
We list facilities when their owners or proprietors certify that
they meet the requirements of the Act and send the certificate to the
State Project Officer in the jurisdiction where the facility is
located. When the State Project Officer approves, we add the name of
the facility to the list. You can obtain forms for certification and a
list of State Project Officers from Project Officer John Ottoson. (See
For Further Information Contact, above).
Applicability to Colleges and Universities
We asked the General Counsel of FEMA whether colleges and
universities that hold meetings, conferences, seminars and other
activities sponsored or funded in whole or part by Federal monies must
comply with the fire prevention and control guidelines under the Hotel
and Motel Fire Safety Act, including installation of fire and smoke
detectors, and sprinkler systems where applicable. In a formal opinion
the General Counsel determined that the Act applies to those
circumstances.
Provisions From the Hotel and Motel Fire Safety Act
Section 6(a) of the Hotel and Motel Fire Safety Act, 15 U.S.C.
2225a provides: ``no Federal funds may be used to sponsor or fund in
whole or in part a meeting, convention, conference, or training seminar
that is conducted in, or that otherwise uses the rooms, facilities, or
services of, a place of public accommodation that does not meet the
requirements of the fire prevention and control guidelines described in
section 2225 of this title.''
A ``place of public accommodation'' or ``place of public
accommodation affecting commerce'' is defined in 15 U.S.C. 2203(7) as:
``any inn, hotel, or other establishment not owned by the Federal
Government that provides lodging to transient guests, except that such
term does not include an establishment treated as an apartment building
for purposes of any State or local law or regulation or an
establishment located within a building that contains not more than 5
rooms for rent or hire and that is actually occupied as a residence by
the proprietor of such establishment.''
Facilities Included
The facilities would include any dormitories or other college- or
university-owned buildings used to house and serve attendees at the
meeting, conference, seminar, or other activity that is funded in whole
or in part by Federal funds. If the college or university elects to
hold such activities without Federal funding or sponsorship, the
requirement of the Act would not apply. However, if the Master List
does not include the facilities in accordance with the Act, the Act
encourages Federal agencies not to have their employees attend or stay
in such facilities.
Exceptions
The only exceptions are for: (1) facilities owned by the Federal
Government; (2) facilities treated as an apartment building for
purposes of any State or local law or regulation; or (3) buildings that
contain not more than 5 rooms for rent or hire and are occupied as a
residence by the proprietor. Neither the Act nor any part of the
legislative history makes any exception to this requirement for
colleges and universities.
Dated: April 19, 1999.
Carrye B. Brown,
United States Fire Administrator.
[FR Doc. 99-10395 Filed 4-23-99; 8:45 am]
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