(a) Scope and Application. The requirements of this Section apply to the placement, use, maintenance, and testing of portable Fire Extinguisher Training provided for the use of employees. Section (d) of this section does not apply to extinguishers provided for employee use on the outside of workplace buildings or structures. Where extinguishers are provided but are not intended for employee use and the employer has an emergency action plan and a fire prevention plan which meet the requirements of Sections 3220 and 3221 then only the requirements of Sections (e) and (f) of this Section apply.
(1) Where the employer has established and implemented a written fire safety policy which requires the immediate and total evacuation of employees from the workplace upon the sounding of a fire alarm signal and which includes an emergency action plan and a fire prevention plan which meet the requirements of Sections 3220 and 3221 and when extinguishers are not available in the workplace, the employer is exempt from all requirements of this section unless a specific Section in Title 8 requires that a portable fire extinguisher be provided.
(2) Where the employer has an emergency action plan meeting the requirements of Section 3220 which designates certain employees to be the only employees authorized to use the available portable fire extinguishers, and which requires all other employees in the fire area to immediately evacuate the affected work area upon the sounding of the fire alarm, the employer is exempt from the distribution requirements in Section (d) of this Section.
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