NPS Not Required To Impose National Fire Protection Association Codes In Historic Buildings

In a recent lawsuit, a federal judge found that NPS was not required by law to follow the National Fire Protection Association codes (NFPA) in all of the structures owned by NPS (which would include concession buildings), but instead could choose to deviate from those requirements particularly in the instance of historic structures.  The lawsuit was brought against NPS by a visitor who was injured while at historic Fords Theatre in Washington, DC.  The visitor fell down stairs which did not have a handrail, and she argued that NPS was required pursuant to Director’s Order #58 to adhere to the NFPA codes which called for handrails.

The court, however, held that nothing in Director’s Order #58 demonstrated that NPS “intended to strictly adhere to each and every NFPA code provision without alteration” and in fact noted that NPS could make “exceptions and modifications” to the NFPA standards.  The court further noted that Director’s Order #58 stated that “not all structures will be in full compliance” with the code provisions.  As a result, the court found that NPS was protected from any liability for the injury because it was exercising its discretionary authority not to install handrails at the site.