Fire codes, OSHA standards and the law in the US

Fire safety at work is governed by several overlapping layers of rules. Building codes set how a building must be designed and built, including its exits, fire separations, alarm and sprinkler systems. Fire codes set how a building must be used, maintained and operated over its life, including storage, housekeeping, maintenance of fire protection systems and fire safety planning. Occupational health and safety laws set what employers must do to protect workers, including emergency plans, training and equipment. Technical standards, mostly developed by bodies such as the National Fire Protection Association (NFPA) and ULC Standards, fill in the detail and are referenced by codes and regulations. This lesson explains how these layers fit together, who enforces them and what they require of employers and workers. It is an overview for awareness: always check the exact edition and wording adopted where you work.

The US framework

In the United States, there is no single national fire code. States and local jurisdictions adopt model codes, usually the International Building Code (IBC) and International Fire Code (IFC) published by the International Code Council, or in some jurisdictions NFPA 1, Fire Code, and NFPA 5000. The current IFC edition is 2024; many jurisdictions enforce earlier editions such as 2018 or 2021, and adoption varies widely. NFPA 101, Life Safety Code (2024 edition), is adopted in many states and is required for facilities such as hospitals and nursing homes that receive federal Medicare and Medicaid funding. Local fire marshals and fire departments, known as the authority having jurisdiction (AHJ), enforce the fire code through plan review, inspections and citations. Federal workplace rules from the Occupational Safety and Health Administration (OSHA) apply in parallel, enforced federally or by approved state plans.

OSHA standards for fire and emergencies

OSHA has several standards that apply directly to fire and emergencies in general industry. 29 CFR 1910.38, Emergency action plans, requires a written emergency action plan (EAP) when another OSHA standard requires one, covering procedures for reporting emergencies, evacuation, employees who remain to operate critical operations, accounting for employees, rescue and medical duties, and contacts; employers with 10 or fewer employees may communicate the plan orally. 29 CFR 1910.39, Fire prevention plans, requires a fire prevention plan (FPP) listing major fire hazards, their handling and storage, ignition sources and controls, fire protection equipment, and responsible people, with the same oral option for small employers. 29 CFR 1910.157, Portable fire extinguishers, covers selection, distribution, inspection, maintenance, testing and training. Subpart E (1910.33 to 1910.37) covers exit routes, and Subpart L covers fire protection, including fire brigades (1910.156), fixed systems and alarm systems (1910.165). Construction work is covered by 29 CFR 1926 Subpart F. The General Duty Clause, Section 5(a)(1) of the OSH Act, covers recognized hazards that no standard specifically addresses.

Fire safety and evacuation plans under the fire code

The IFC (Chapter 4) requires fire safety and evacuation plans for many occupancies, including assembly, educational, high-rise, institutional and large mercantile and business occupancies, and fire safety plans for high-piled storage and certain hazardous operations. These plans describe emergency egress or escape routes, procedures for employees who remain to operate critical equipment, accounting for occupants after evacuation, rescue and medical duties, the method of reporting emergencies, and lists of hazards and responsible persons. The IFC also requires employee training and emergency evacuation drills at frequencies set by occupancy. Plans are often reviewed by the fire code official. The OSHA EAP and FPP and the IFC plans overlap, and many employers prepare one integrated document that meets both. Lesson 8 covers the content of these plans in more detail.

Technical standards

Codes and regulations often reference technical standards rather than writing out every detail. The most important for workplace fire safety include:

Standards are updated on regular cycles, typically every three years for NFPA documents, but a code adopts a specific edition. A building inspected under a fire code that references the 2018 edition of NFPA 10 must meet that edition, even if a newer one exists. When in doubt, ask the authority having jurisdiction which edition applies.

Who is responsible

Under the fire code, the owner or the person in control of the premises is generally responsible for compliance, including maintaining fire protection systems and preparing required plans. Under OSHA, the employer is responsible for protecting its employees, including EAPs, FPPs, exit routes and extinguisher training; in multi-employer worksites, OSHA may cite the creating, exposing, correcting or controlling employer. Employees must comply with OSHA standards and rules that apply to their own actions. In multi-tenant buildings, the building's fire safety and evacuation plan and each tenant's EAP must work together.

Enforcement and consequences

Fire officials can inspect premises, issue notices of violation and citations, order hazards corrected or buildings vacated, and prosecute. OSHA can issue citations and penalties: as adjusted in January 2025, the maximum for a serious violation is $16,550 and for a willful or repeated violation $165,514, adjusted annually for inflation. Criminal penalties apply to willful violations that cause a worker's death. After serious fires, investigations by fire marshals, OSHA and the US Chemical Safety Board often lead to recommendations and code changes.

Keeping up to date

Codes and standards change after major fires, research and new technologies such as lithium-ion batteries and mass timber construction. Organizations should assign someone to track changes, subscribe to updates from their fire department, regulator and standards bodies, and review procedures when codes change. Industry associations and insurers are useful sources, and insurers often impose requirements beyond the minimum code, such as FM Global data sheets.

Retroactive requirements and existing buildings

Building codes generally apply when a building is built, renovated or changes use; an existing building that met the code when it was built is not usually required to be upgraded each time a new edition is published. Fire codes are different in one important way: they can contain retroactive provisions that apply to existing buildings regardless of when they were built. Examples include requirements to install smoke alarms in residential units, to retrofit sprinklers or alarm systems in certain older high-rise residential or care occupancies after deadly fires, and to keep exit routes and fire separations maintained to the standard originally required. A change of use, such as converting an office floor into a warehouse or a retail space into an assembly hall, usually triggers a review under the building code and may require new exits, separations or fire protection. Renovations should therefore always include a code review, and owners should not assume that grandfathered conditions remain acceptable after changes.

Working with fire inspectors

Fire inspections are an opportunity rather than a threat. Inspectors see many buildings and can explain how requirements apply to unusual situations. A well-prepared site makes the inspection quicker and the outcome better. Before an inspection, gather the fire safety or emergency plan, inspection and maintenance records for alarms, sprinklers, extinguishers and emergency lighting, drill records, hot work permits and any approvals for alternative measures. During the inspection, accompany the inspector, answer questions honestly, note each finding and ask for clarification where a requirement is unclear. Afterwards, correct items promptly, starting with life safety issues such as exits and alarms, keep evidence of correction, and confirm completion with the fire department in writing when required. Disputes about interpretation can usually be resolved through discussion, alternative compliance proposals prepared by a qualified professional, or formal appeal routes available in the fire code legislation.

Insurers and other requirements

Fire codes and safety laws set minimum requirements, but other parties may require more. Property insurers often impose recommendations or conditions after a risk survey, such as additional sprinklers for high-piled storage, protection for lithium-ion battery storage, hot work programs and impairment notification. Large insurers publish engineering standards, such as FM Global property loss prevention data sheets, which are often stricter than codes. Landlords may set requirements in leases, such as restrictions on storage, hot work or modifications. Corporate standards in multinational organizations may also exceed local law. Customers, especially in manufacturing and logistics, may audit suppliers' fire safety as part of their own risk management. A good fire safety program treats the code as the floor and aligns with these additional expectations, documenting which requirement comes from where.

Contractors and shared responsibilities

Contractors working in a building can introduce fire hazards, such as hot work, temporary heaters, flammable products, blocked exits and disabled alarms, and they may not know the building's emergency procedures. Owners and employers should include fire safety in contractor selection and orientation: contractors must follow the hot work permit system, protect fire separations and fire protection equipment, report impairments, keep exits clear and know the alarm signals and assembly points. Construction sites have their own fire safety requirements, often found in a separate part of the fire code dealing with construction and demolition sites, including fire safety plans for the construction site, access for firefighters, temporary standpipes in tall buildings and control of combustible waste. Mass timber and wood-frame buildings under construction are particularly vulnerable before their fire protection is complete, and several large construction-site fires in both countries have prompted stronger rules.

A simple compliance map

Many organizations find it useful to build a compliance map: a table that lists each fire-related requirement that applies to the site, its source (building code, fire code, safety regulation, standard, insurer or lease), the person responsible, the frequency of any recurring task, and where the records are kept. The map makes gaps visible, helps new managers understand their duties and supports audits. It should be reviewed whenever codes change, the building changes or responsibilities move between people or companies. In a multi-tenant building, the owner and tenants can share relevant parts of their maps so that responsibilities at the boundaries, such as shared corridors, alarm systems and assembly points, are clearly assigned.