May 29, 2019

Combustible Dust Regulations, Codes, and Resources by State

Introduction

The state-level regulations surrounding combustible dust are complex! Most states start with the same basic foundation — e.g., codes and standards developed by OSHA, the National Fire Protection Association (NFPA), and the International Code Council (ICC). But then they each put their own twist on the rules, for example, by adopting different editions of the codes, or sometimes only parts of a code, and making modifications. And, in some states, building and fire codes are established and enforced at the local level. If you operate a facility, you must comply with all of the applicable regulations in your area. To help you better understand these regulations (or at least find contact info for the people in the know), we’ve compiled a list of state-level resources, which you’ll find below. These resources include specific guidance on combustible dust when available, as well as links to state OSHA offices, labor departments and safety programs, building commission and fire marshal websites, and more. Our goal is to maintain a comprehensive list of state regulations and resources related to combustible dust, so if you know of a code that has been updated or a resource that would be helpful here, please tell us. The more knowledge is out there about this hazard, the safer we all are.

General Resources

OSHA standards that address combustible dust hazards
OSHA Combustible Dust National Emphasis Program
OSHA consensus standards on combustible dust — These include standards from the NFPA, FM Global, and ICC. They are not OSHA regulations, but they may be required by state or local governments or individual companies.
OSHA Hazard Communication Guidance for Combustible Dusts
International Codes — Adoption by State (July 2018)

Alabama	Hawaii	Massachusetts	New Mexico	South Dakota
Alaska	Idaho	Michigan	New York	Tennessee
Arizona	Illinois	Minnesota	North Carolina	Texas
Arkansas	Indiana	Mississippi	North Dakota	Utah
California	Iowa	Missouri	Ohio	Vermont
Colorado	Kansas	Montana	Oklahoma	Virginia
Connecticut	Kentucky	Nebraska	Oregon	Washington
Delaware	Louisiana	Nevada	Pennsylvania	West Virginia
Florida	Maine	New Hampshire	Rhode Island	Wisconsin
Georgia	Maryland	New Jersey	South Carolina	Wyoming

Alabama

Alabama operates under federal OSHA. The State Building Commission website says that the current building code incorporates the 2009 International Building and Fire Codes and the 2011 National Electric Code. However, according to the International Code Council, Alabama has adopted the 2015 editions, so an update may be coming. The State Fire Marshal Regulations were last amended in January 2018.

The University of Alabama offers a variety of courses in OSHA standards, including a seminar on combustible dust hazards. View the course descriptions here.

Alaska

Alaska has an OSHA-approved state plan that includes all of federal OSHA standards as well as some additional standards. The Alaska Administrative Code is based on the 2012 International Building and Fire Codes.

Arizona

Arizona has an OSHA-approved state plan that includes all of federal OSHA standards as well as some additional standards. Arizona adopted federal OSHA’s Combustible Dust National Emphasis Program in 2008. Building and fire codes are adopted and enforced at the local level.

Arkansas

Alabama operates under federal OSHA. The state currently has an OSHA Regional Emphasis Program for Grain Handling Facilities, which references the Combustible Dust NEP. Arkansas’ fire prevention code is based on the 2012 International Building and Fire Codes.

California

California has one of the country’s most stringent OSHA-approved state plans. Title 8, Section 5174 outlines the regulations for controlling combustible dust. According to this standard, the preferred method of cleaning is with a permanently installed grounded vacuum cleaning system. California has adopted the 2015 versions of the International Building and Fire Codes.

Colorado

Colorado operates under federal OSHA. Certain jurisdictions in the state currently have an OSHA Regional Emphasis Program for Grain Handling Facilities, which references the Combustible Dust NEP. Its Building Code Compliance Policy was last updated in July 2018. It currently incorporates the 2015 International Building Code, the 2012 International Fire Code, and NFPA standards.

Connecticut

Connecticut’s OSHA-approved state plan is identical to federal OSHA. Connecticut currently uses the 2015 International Building and Fire Codes. The State Building Inspector, the State Fire Marshal, and the Codes and Standards Committee are in the process of reviewing the codes. They intend to adopt the 2018 ICC codes in the next update of state codes, which is slated for 2020.

Delaware

Delaware operates under federal OSHA. Building codes are adopted at the local level. Currently, one or more jurisdictions has adopted some edition of the International Building Code, while no jurisdiction in the state uses the International Fire Code. Delaware doesn’t have any specific combustible dust regulations, but it does provide some resources about the hazard.

Florida

Florida operates under federal OSHA. The state has adopted the 2015 International Building Code, and the state fire code is based on NFPA 1: Fire Code.

Georgia

Georgia operates under federal OSHA but has a state combustible dust regulation, issued by the Office of Insurance and Safety Fire Commissioner. Under the law, all facilities that manufacture, process, or handle combustible dust must register every year with the Fire Commissioner and adhere to other safety measures. The same goes for a facility in any industry that has manufacturing processes that create combustible dust. The state has adopted the 2012 International Building and Fire Codes.

Hawaii

Hawaii has an OSHA-approved state plan. Hawaii has adopted federal OSHA’s Combustible Dust National Emphasis Program. In November 2018, Hawaii adopted the 2012 International Building Code. The state fire code references NFPA 1, Fire Code, 2012 Edition.

Idaho

Idaho operates under federal OSHA. In December 2018, the state launched a Local Emphasis Program for Inspections in the Grain Handling Industry. Idaho has adopted the 2015 International Building and Fire Codes with some amendments.

Illinois

Illinois operates under federal OSHA. As of October 2018, the state has a Local Emphasis Program for Grain Handling Facilities as well as a Local Emphasis Program for the Wood Pallet Manufacturing Industry. Building codes are adopted on a local level. The state fire code is based on the NFPA 101 Life Safety Code.

Indiana

Indiana’s OSHA-approved state plan is identical to federal OSHA. In October 2018, Indiana was put under a Local Emphasis Program for Grain Handling Facilities. The state has adopted the 2012 International Building and Fire Codes.

Iowa

Iowa has an OSHA-approved state plan. Iowa has adopted federal OSHA’s Combustible Dust National Emphasis Program and also has a Local Emphasis Program (LEP) for Grain Handling Establishments. The 2015 International Building and Fire Codes are applicable statewide.

Kansas

Kansas operates under federal OSHA. In October 2018, it launched a Local Emphasis Program (LEP) for Grain Handling Facilities. Building codes are determined by local jurisdictions.

Kentucky

Kentucky has an OSHA-approved state plan (for now, an FY2017 federal audit found that Kentucky’s OSHA was not meeting the required standards). The Kentucky Building Code is based on the 2015 International Building Code.

Louisiana

Louisiana operates under federal OSHA. In October 2018, OSHA renewed the Region VI Regional Emphasis Program for Grain Handling Facilities. The state Uniform Construction Code includes the 2015 International Building Code and the 2014 National Electrical Code. The state fire marshal enforces the 2015 edition of the NFPA 101 Life Safety Code.

Maine

Maine has an OSHA-approved state plan that covers state and local government employees. Otherwise, it operates under federal OSHA. The Maine Uniform Building and Energy Code implements the 2015 International Building Code. The state fire rules incorporate NFPA standards.

Maryland

Maryland has an OSHA-approved state plan. It considers combustible dust a high-emphasis hazard and participates in OSHA's Combustible Dust National Emphasis Program. As a state, Maryland has adopted the 2015 International Code Council codes, but each local jurisdiction may modify them as it sees fit. The State Fire Prevention Code incorporates NFPA 101 Life Safety Code (2015 Edition), but local jurisdictions may specify their own fire codes.

Massachusetts

Massachusetts operates under federal OSHA. The state building code uses a modified version of the 2015 International Building Code and portions of the 2015 International Fire Code. The fire code incorporates NFPA 1, 2015 edition. Both have provisions related to combustible dust.

Michigan

Michigan has an OSHA-approved state plan. As of 2018, the state has a Local Emphasis Program for Grain Handling Facilities. The state has adopted the 2015 International Building Code and jurisdictions use different versions of the International Fire Code.

Minnesota

Minnesota has an OSHA-approved state plan. In 2018, the state launched a Local Emphasis Program for Grain Handling Facilities. The state has adopted the 2012 International Building and Fire Codes, with some special state provisions.

Mississippi

Mississippi operates under federal OSHA. Building codes are adopted at the county and local levels.

Missouri

Missouri operates under federal OSHA. The state considers combustible dust a targeted area for OSHA compliance. The state DOL provides several samples of safety programs and plans, including for fire prevention and hazard communication. Building codes are adopted at the county and local levels.

Montana

Montana operates under federal OSHA. In October 2018, the agency renewed the Regional Emphasis Program for Grain Handling Facilities. The state has adopted the 2012 editions of both the International Building Code and the International Fire Code.

Nebraska

Nebraska operates under federal OSHA. In October 2018, the agency renewed its Nebraska Grain Handling Industry Local Emphasis Program (LEP). The state has adopted the 2012 edition of the International Building Code. The state fire code references NFPA 1 and NFPA 101.

Nevada

Nevada has an OSHA-approved state plan that is almost identical to federal OSHA. Nevada is part of OSHA Region IX, which was placed under a local emphasis program for combustible dust in 2015. The state has adopted the 2012 editions of both the International Building Code and the International Fire Code.

New Hampshire

New Hampshire operates under federal OSHA. The state was one of the first to make laws to protect workers, and they continue that commitment by providing myriad resources about workplace health and safety. The state has adopted the 2009 edition of the International Building Code. The state fire code references the Life Safety Code 2015 edition and the Uniform Fire Code NFPA 1, 2009 edition.

New Jersey

New Jersey has an OSHA-approved state plan. The state building subcode adopts the 2015 International Building Code and has its own version of the 2015 International Fire Code.

New Mexico

New Mexico has an OSHA-approved state plan that’s identical to federal OSHA, with the addition of some state-specific standards including three related to hazard communication. In October 2018, the state renewed a Regional Emphasis Program for Grain Handling Facilities. New Mexico has adopted the 2015 International Building Code and the 2003 International Fire Code. Some jurisdictions have additional code requirements.

New York

New York has an OSHA-approved state plan that incorporates several state-initiated standards including its own regulation on recording and reporting occupational injuries and illnesses. New York State and New York City have both adopted the 2015 editions of the International Building Code and the International Fire Code.

North Carolina

North Carolina has an OSHA-approved state plan, which specifies that combustible dust hazards may be cited using either 29 CFR 1910.22(a) - Housekeeping or N.C. General Statute 95-129(1), aka the General Duty Clause. The Department of Labor provides many resources about combustible dust, including videos and training courses. North Carolina updates its state codes every three years. The 2018 NC codes are based on the 2015 International Codes.

North Dakota

North Dakota operates under federal OSHA. In October 2018, the agency renewed a Regional Emphasis Program for Grain Handling Facilities. The state offers online safety training and risk management solutions for a wide range of topics, including combustible dust. The state building code is based on the 2015 International Building Code.

OSHA offices in North Dakota
- Regional Emphasis Program for Grain Handling Facilities
North Dakota Department of Health
North Dakota Workforce Safety & Insurance
- Online Learning Management System [Course catalog]
- Contractor Weekly Safety Inspection Report
North Dakota Division of Community Services
- Building Codes
North Dakota Attorney General [State Fire Marshal’s Office]

Ohio

Ohio operates under federal OSHA. The state currently has a Local Emphasis Program for the Wood Pallet Manufacturing Industry and a Local Emphasis Program for Grain Handling Facilities. The state has adopted the 2015 versions of the International Building Code and the International Fire Code.

Oklahoma

Oklahoma operates under federal OSHA. In October 2018, the agency renewed a Regional Emphasis Program for Grain Handling Facilities. The state has adopted, with modifications, the 2018 editions of the International Building Code and the International Fire Code.

Oregon

Oregon has an OSHA-approved state plan that has many unique standards for general industry, construction, and agriculture. The state building and fire codes are based on the 2012 versions of the International Building Code and the International Fire Code.

Pennsylvania

Pennsylvania operates under federal OSHA. The state has adopted the 2015 versions of the International Building Code and the International Fire Code.

Rhode Island

Rhode Island operates under federal OSHA. The state building code incorporates the 2012 International Building Code, and the state fire safety code references NFPA 1, 2015 edition.

South Carolina

South Carolina has an OSHA-approved state plan that is nearly identical to federal OSHA, with only a few state-specific standards. The state has adopted, with modifications, the 2015 versions of the International Building Code and the International Fire Code.

South Dakota

South Dakota operates under federal OSHA. In October 2018, the agency renewed a Regional Emphasis Program for Grain Handling Facilities. The state has approved the 2015 versions of the International Building Code and the International Fire Code for local adoption.

Tennessee

Tennessee has an OSHA-approved state plan nearly identical to federal OSHA, with the exception of a few unique standards for general industry. The state has adopted the 2012 versions of the International Building Code and the International Fire Code.

Texas

Texas operates under federal OSHA. In October 2018, the agency renewed a Regional Emphasis Program for Grain Handling Facilities. The state has adopted the 2003 version of the International Building Code. Fire codes are adopted at the county level and “must be consistent with the requirements of the International Fire Code as it existed on May 1, 2005, or the Uniform Fire Code as it existed on May 1, 2005.”

Utah

Utah has an OSHA-approved state plan with several unique standards, including one for combustible substances in the agriculture industry. The Utah Administrative Code contains some sections on dust collectors and ventilation for facilities that contain combustible dust. The Utah State Codes are based on the 2015 versions of the International Building Code and the International Fire Code.

Vermont

Vermont has an OSHA-approved state plan that is nearly identical to federal OSHA. The Vermont Fire & Building Safety Code is based on the 2015 versions of the International Building Code, NFPA 101, and NFPA 1.

Virginia

Virginia has an OSHA-approved state plan that includes the majority of federal OSHA standards as well as a few unique ones. The Virginia Uniform Statewide Building Code incorporates much of the 2015 International Building Code. The fire code is enforced at the local level.

Washington

Washington has an OSHA-approved state plan that contains many unique standards, several of which apply to combustible dust. The state has adopted the 2015 versions of the International Building Code and the International Fire Code.

OSHA offices in Washington
Washington State Department of Labor & Industries: Division of Occupational Safety & Health — Rules & Requirements
- Combustible Dusts
  - List of Applicable Rules
- Enforcement and Consultation Guidance for Combustible Dust Hazards
- Hazard Alert: Deadly Sawmill Dust Explosions
- Combustible Dust Mitigation Solutions – Bridging the gap between hazardous wood dust awareness and actively eliminating risk through effective mitigation programs in wood product manufacturing
Washington State Building Code Council
- Washington State Building Code
Washington State Fire Marshal

West Virginia

West Virginia operates under federal OSHA. The state has adopted the 2015 versions of the International Building Code and the International Fire Code.

Wisconsin

Wisconsin operates under federal OSHA. In October 2018, the agency continued a Local Emphasis Program for the Wood Pallet Manufacturing Industry and a Local Emphasis Program for Grain Handling Facilities. The Wisconsin Commercial Building Code includes the 2015 International Building Code. The state fire prevention code is the 2012 edition of NFPA 1.

Wyoming

Wyoming has an OSHA-approved state plan, which adopts federal OSHA standards identically and adds a few standards in areas where no federal standard exists. The state fire marshal has adopted the 2018 versions of the International Building Code and the International Fire Code.