41 C.F.R. Subpart B—Facility Management
Title 41 - Public Contracts and Property Management
Occupants of facilities under the custody and control of Federal agencies must— (a) Cooperate to the fullest extent with all pertinent facility procedures and regulations; (b) Promptly report all crimes and suspicious circumstances occurring on Federally controlled property first to the regional Federal Protective Service, and as appropriate, the local responding law enforcement authority; (c) Provide training to employees regarding protection and responses to emergency situations; and (d) Make recommendations for improving the effectiveness of protection in Federal facilities. Occupancy services are— (a) Building services (see §102–74.35); (b) Concession services (see §102–74.40); and (c) Conservation programs (see §102–74.100). Executive agencies, upon approval from GSA, must manage, administer and enforce the requirements of agreements (such as Memoranda of Understanding) and contracts that provide for the delivery of occupancy services. Executive agencies must provide occupancy services that substantially conform to nationally recognized standards. As needed, Executive agencies may adopt other standards for buildings and services in Federally controlled facilities to conform to statutory requirements and to implement cost-reduction efforts. Executive agencies, upon approval from GSA, must provide— (a) Building services such as custodial, solid waste management (including recycling), heating and cooling, landscaping and grounds maintenance, tenant alterations, minor repairs, building maintenance, integrated pest management, signage, parking, and snow removal, at appropriate levels to support Federal agency missions; and (b) Arrangements for raising and lowering the United States flags at appropriate times. In addition, agencies must display P.O.W. and M.I.A. flags at locations specified in 36 U.S.C. 902 on P.O.W./M.I.A. flag display days.
Title 41: Public Contracts and Property Management
PART 102–74—FACILITY MANAGEMENT
Subpart B—Facility Management
§ 102-74.15 What are the facility management responsibilities of occupant agencies?
Occupancy Services
§ 102-74.20 What are occupancy services?
§ 102-74.25 What responsibilities do Executive agencies have regarding occupancy services?
§ 102-74.30 What standard in providing occupancy services must Executive agencies follow?
§ 102-74.35 What building services must Executive agencies provide?
Concession Services
§ 102-74.40 What are concession services?
Concession services are any food or snack services provided by a Randolph-Sheppard Act vendor, commercial contractor or nonprofit organization (see definition in §102–71.20 of this chapter), in vending facilities such as—
(a) Vending machines;
(b) Sundry facilities;
(c) Prepackaged facilities;
(d) Snack bars; and
(e) Cafeterias.
§ 102-74.45 When must Federal agencies provide concession services?
Federal agencies, upon approval from GSA, must provide concession services where building population supports such services and when the availability of existing commercial services is insufficient to meet Federal agency needs. Prior to establishing concessions, Federal agencies must ensure that—
(a) The proposed concession will be established and operated in conformance with applicable policies, safety, health and sanitation codes, laws, regulations, etc., and will not contravene the terms of any lease or other contractual arrangement; and
(b) Sufficient funds are legally available to cover all costs for which the Government may be responsible.
§ 102-74.50 Are Federal agencies required to give blind vendors priority in operating vending facilities?
With certain exceptions, the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) requires that blind persons licensed by a State licensing agency under the provisions of the Randolph-Sheppard Act be authorized to operate vending facilities on Federal property, including leased buildings. The Department of Education (ED) is responsible for the administration of the Randolph-Sheppard Act as set forth at 34 CFR part 395. The ED designates individual State licensing agencies with program administration responsibility. The Randolph-Sheppard Act and its implementing regulations require that Federal property managers give priority to and notify the State licensing agencies in writing of any opportunity.
§ 102-74.55 Are vending facilities authorized under the Randolph-Sheppard Act operated by permit or contract?
Vending facilities are authorized by permit. As set forth in 34 CFR part 395, the Federal property manager approves and signs State licensing agency permits that authorize States to license blind vendors to operate vending facilities (including vending machines) on Federal property.
§ 102-74.60 Are Federal agencies required to give blind vendors priority in operating cafeterias?
Yes. Federal agencies are required to give Randolph-Sheppard vendors priority in the operation of cafeterias when the State licensing agency is in the competitive range as set forth at 34 CFR part 395.
§ 102-74.65 Are cafeterias authorized under the Randolph-Sheppard Act operated by permit or contract?
They are operated by contract. As set forth at 34 CFR part 395, the Federal property manager contracts with the State licensing agency to license blind vendors to operate cafeterias on Federal property.
§ 102-74.70 Are commercial vendors and nonprofit organizations required to operate vending facilities by permit or contractual arrangement?
Commercial vendors and nonprofit organizations must operate vending facilities, including cafeterias, under a contractual arrangement with Federal agencies.
§ 102-74.75 May Federal agencies sell tobacco products in vending machines in Government-owned and leased space?
No. Section 636 of Public Law 104–52 prohibits the sale of tobacco products in vending machines in Government-owned and leased space. The Administrator of GSA or the head of an Agency may designate areas not subject to the prohibition, if minors are prohibited and reports are made to the appropriate committees of Congress.
§ 102-74.80 [Reserved]
§ 102-74.85 [Reserved]
§ 102-74.90 [Reserved]
§ 102-74.95 [Reserved]
Conservation Programs
§ 102-74.100 What are conservation programs?
Conservation programs are programs that improve energy and water efficiency and promote the use of solar and other renewable energy. These programs must promote and maintain an effective source reduction activity (reducing consumption of resources such as energy, water, and paper), resource recovery activity (obtaining materials from the waste stream that can be recycled into new products), and reuse activity (reusing same product before disposition, such as reusing unneeded memos for scratch paper).
Asset Services
§ 102-74.105 What are asset services?
Asset services include repairs (other than those minor repairs identified in §102–74.35(a)), alterations and modernizations for real property assets. Typically, these are the types of repairs and alterations necessary to preserve or enhance the value of the real property asset.
§ 102-74.110 What asset services must Executive agencies provide?
Executive agencies, upon approval from GSA, must provide asset services such as repairs (in addition to those minor repairs identified in §102–74.35(a)), alterations, and modernizations for real property assets. For repairs and alterations projects for which the estimated cost exceeds the prospectus threshold, Federal agencies must follow the prospectus submission and approval policy identified in this part and part 102–73 of this chapter.
§ 102-74.115 What standard in providing asset services must Executive agencies follow?
Executive agencies must provide asset services that maintain continuity of Government operations, continue efficient building operations, extend the useful life of buildings and related building systems, and provide a quality workplace environment that enhances employee productivity.
§ 102-74.120 Is a prospectus required to be submitted before emergency alterations can be performed?
No. A prospectus does not need to be submitted before emergency alterations are performed, but GSA must submit a prospectus as soon as possible after the emergency. Federal agencies must immediately alter a building if the alteration protects people, buildings, or equipment, saves lives, and/or avoids further property damage. Federal agencies can take these actions in an emergency before GSA submits a prospectus on the alterations to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure.
§ 102-74.125 Are prospectuses required for reimbursable alteration projects?
A project that is to be financed in whole or in part from funds appropriated to the requesting agency may be performed without a prospectus if—
(a) Payment is made from agency appropriations that are not subject to 40 U.S.C. 3307; and
(b) GSA's portion of the cost, if any, does not exceed the prospectus threshold.
§ 102-74.130 When a prospectus is required, can GSA prepare a prospectus for a reimbursable alteration project?
Yes, if requested by a Federal agency, GSA will prepare a prospectus for a reimbursable alteration project.
§ 102-74.135 Who selects construction and alteration projects that are to be performed?
The Administrator of General Services selects construction and alteration projects to be performed.
§ 102-74.140 On what basis does the Administrator select construction and alteration projects?
The Administrator selects projects based on a continuing investigation and survey of the public building needs of the Federal Government. These projects must be equitably distributed throughout the United States, with due consideration given to each project's comparative urgency.
§ 102-74.145 What information must a Federal agency submit to GSA after the agency has identified a need for construction or alteration of a public building?
Federal agencies identifying a need for construction or alteration of a public building must provide information, such as a description of the work, location, estimated maximum cost, and justification to the Administrator of General Services.
§ 102-74.150 Who submits prospectuses for the construction or alteration of public buildings to the Congressional committees?
The Administrator of General Services must submit prospectuses for public building construction or alteration projects to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure for approval.
Energy Conservation
§ 102-74.155 What energy conservation policy must Federal agencies follow in the management of facilities?
Federal agencies must—
(a) Comply with the energy conservation guidelines in 10 CFR part 436 (Federal Energy Management and Planning Programs); and
(b) Observe the energy conservation policies cited in this part.
§ 102-74.160 What actions must Federal agencies take to promote energy conservation?
Federal agencies must—
(a) Turn off lights and equipment when not needed;
(b) Not block or impede ventilation; and
(c) Keep windows and other building accesses closed during the heating and cooling seasons.
§ 102-74.165 What energy standards must Federal agencies follow for existing facilities?
Existing Federal facilities must meet the energy standards prescribed by the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North American in ASHRAE/IES Standard 90A–1980, as amended by the Department of Energy. Federal agencies must apply these energy standards where they can be achieved through life cycle, cost effective actions.
§ 102-74.170 May exceptions to the energy conservation policies in this subpart be granted?
Yes, the Federal agency buildings manager may grant exceptions to the foregoing policies in this subpart to enable agencies to accomplish their missions more effectively and efficiently.
§ 102-74.175 Are Government-leased buildings required to conform with the policies in this subpart?
Yes, all new lease contracts must be in conformance with the policies prescribed in this subpart. Federal agencies must administer existing lease contracts in accordance with these policies to the maximum extent feasible.
§ 102-74.180 What illumination levels must Federal agencies maintain on Federal facilities?
Except where special circumstances exist, Federal agencies must maintain illumination levels at—
(a) 50 foot-candles at work station surfaces, measured at a height of 30 inches above floor level, during working hours (for visually difficult or critical tasks, additional lighting may be authorized by the Federal agency buildings manager);
(b) 30 foot-candles in work areas during working hours, measured at 30 inches above floor level;
(c) 10 foot-candles, but not less than 1 foot-candle, in non-work areas, during working hours (normally this will require levels of 5 foot-candles at elevator boarding areas, minimum of 1 foot-candle at the middle of corridors and stairwells as measured at the walking surface, 1 foot-candle at the middle of corridors and stairwells as measured at the walking surface, and 10 foot-candles in storage areas); and
(d) Levels essential for safety and security purposes, including exit signs and exterior lights.
§ 102-74.185 What heating and cooling policy must Federal agencies follow in Federal facilities?
Within the limitations of the building systems, Federal agencies must—
(a) Operate heating and cooling systems in the most overall energy efficient and economical manner;
(b) Maintain temperatures to maximize customer satisfaction by conforming to local commercial equivalent temperature levels and operating practices;
(c) Set heating temperatures no higher than 55 degrees Fahrenheit during non-working hours;
(d) Not provide air-conditioning during non-working hours, except as necessary to return space temperatures to a suitable level for the beginning of working hours;
(e) Not permit reheating, humidification and simultaneous heating and cooling; and
(f) Operate building systems as necessary during extreme weather conditions to protect the physical condition of the building.
§ 102-74.190 Are portable heaters, fans and other such devices allowed in Government-controlled facilities?
Federal agencies are prohibited from operating portable heaters, fans, and other such devices in Government-controlled facilities unless authorized by the Federal agency buildings manager.
§ 102-74.195 What ventilation policy must Federal agencies follow?
During working hours in periods of heating and cooling, Federal agencies must provide ventilation in accordance with ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality, where physically practical. Where not physically practical, Federal agencies must provide the maximum allowable amount of ventilation during periods of heating and cooling and pursue opportunities to increase ventilation up to current standards. ASHRAE Standard 62 is available from ASHRAE Publications Sales, 1791 Tullie Circle NE, Atlanta, GA 30329–2305.
§ 102-74.200 What information are Federal agencies required to report to the Department of Energy (DOE)?
Federal agencies, upon approval of GSA, must report to the DOE the energy consumption in buildings, facilities, vehicles, and equipment within 45 calendar days after the end of each quarter as specified in the DOE Federal Energy Usage Report DOE F 6200.2 Instructions.
Ridesharing
§ 102-74.205 What Federal facility ridesharing policy must Executive agencies follow?
(a) In accordance with Executive Order 12191, “Federal Facility Ridesharing Program” (3 CFR, 1980 Comp., p. 138), Executive agencies must actively promote the use of ridesharing (carpools, vanpools, privately leased buses, public transportation, and other multi-occupancy modes of travel) by personnel working at Federal facilities to conserve energy, reduce congestion, improve air quality, and provide an economical way for Federal employees to commute to work.
(b) In accordance with the Federal Employees Clean Air Incentives Act (Public Law 103–172), the Federal Government is required to take steps to improve the air quality, and to reduce traffic congestion by providing for the establishment of programs that encourage Federal employees to commute to work by means other than single-occupancy motor vehicles.
(c) In accordance with the Transportation Equity Act for the 21st Century (Public Law 105–178), employers, including the Federal Government, are to offer employees transportation fringe benefits.
§ 102-74.210 What steps must Executive agencies take to promote ridesharing at Federal facilities?
(a) Under Executive Order 12191, “Federal Facility Ridesharing Program,” agencies shall—
(1) Establish an annual ridesharing goal for each facility; and
(2) Cooperate with State and local ridesharing agencies where such agencies exist.
(b) Under the Federal Employees Clean Air Incentives Act (Public Law 103–172), agencies shall—
(1) Issue transit passes or similar vouchers to exchange for transit passes;
(2) Furnish space, facilities, and services to bicyclists;
(3) Provide non-monetary incentives as provided by other provisions of law or other authority; and
(4) Submit biennially to GSA (as directed in House of Representatives Report 103–356, dated November 10, 1993) a report that covers—
(i) Agency programs offered under Public law 103–172;
(ii) Description of each program;
(iii) Extent of employee participation in, and costs to the Government associated with, each program;
(iv) Assessment of environmental or other benefits realized from these programs; and
(v) Other matters that may be appropriate under Public Law 103–172.
(c) In accordance with the Transportation Equity Act for the 21st Century, agencies may (in lieu of or in combination with other commuter benefits) provide fringe benefits to qualified commuters, at no cost, by giving them a monthly pretax payroll deduction to support and encourage the use of mass transportation systems.
§ 102-74.215 [Reserved]
§ 102-74.220 [Reserved]
§ 102-74.225 [Reserved]
Occupant Emergency Program
§ 102-74.230 Who is responsible for establishing an occupant emergency program?
The Designated Official (as defined in §102–71.20 of this chapter) is responsible for developing, implementing and maintaining an Occupant Emergency Plan (as defined in §102–71.20 of this chapter). The Designated Official's responsibilities include establishing, staffing and training an Occupant Emergency Organization with agency employees. Federal agencies, upon approval from GSA, must assist in the establishment and maintenance of such plans and organizations.
§ 102-74.235 Are occupant agencies required to cooperate with the Designated Official in the implementation of the emergency plans and the staffing of the emergency organization?
Yes, all occupant agencies of a facility must fully cooperate with the Designated Official in the implementation of the emergency plans and the staffing of the emergency organization.
§ 102-74.240 What are Federal agencies' occupant emergency responsibilities?
Federal agencies, upon approval from GSA, must—
(a) Provide emergency program policy guidance;
(b) Review plans and organizations annually;
(c) Assist in training of personnel;
(d) Otherwise provide for the proper administration of Occupant Emergency Programs (as defined in §102–71.20 of this chapter);
(e) Solicit the assistance of the lessor in the establishment and implementation of plans in leased space; and
(f) Assist the Occupant Emergency Organization (as defined in §102–71.20 of this chapter) by providing technical personnel qualified in the operation of utility systems and protective equipment.
§ 102-74.245 Who makes the decision to activate the Occupant Emergency Organization?
The decision to activate the Occupant Emergency Organization must be made by the Designated Official, or by the designated alternate official. After normal duty hours, the senior Federal official present must represent the Designated Official or his/her alternates and must initiate action to cope with emergencies in accordance with the plans.
§ 102-74.250 What information must the Designated Official use to make a decision to activate the Occupant Emergency Organization?
The Designated Official must make a decision to activate the Occupant Emergency Organization based upon the best available information, including—
(a) An understanding of local tensions;
(b) The sensitivity of target agency(ies);
(c) Previous experience with similar situations;
(d) Advice from the Federal agency buildings manager;
(e) Advice from the appropriate Federal law enforcement official; and
(f) Advice from Federal, State, and local law enforcement agencies.
§ 102-74.255 How must occupant evacuation or relocation be accomplished when there is immediate danger to persons or property, such as fire, explosion or the discovery of an explosive device (not including a bomb threat)?
The Designated Official must initiate action to evacuate or relocate occupants in accordance with the plan by sounding the fire alarm system or by other appropriate means when there is immediate danger to persons or property, such as fire, explosion or the discovery of an explosive device (not including a bomb threat).
§ 102-74.260 What action must the Designated Official initiate when there is advance notice of an emergency?
The Designated Official must initiate appropriate action according to the plan when there is advance notice of an emergency.
Parking Facilities
§ 102-74.265 Who must provide for the regulation and policing of parking facilities?
Federal agencies, upon approval from GSA, must provide for any necessary regulation and policing of parking facilities, which may include—
(a) The issuance of traffic rules and regulations;
(b) The installation of signs and markings for traffic control (Signs and markings must conform with the Manual on Uniform Traffic Control Devices published by the Department of Transportation);
(c) The issuance of citations for parking violations; and
(d) The immobilization or removal of illegally parked vehicles.
§ 102-74.270 Are vehicles required to display parking permits in parking facilities?
When the use of parking space is controlled as in §102–74.265, all privately owned vehicles other than those authorized to use designated visitor or service areas must display a parking permit. This requirement may be waived in parking facilities where the number of available spaces regularly exceeds the demand for such spaces.
§ 102-74.275 May Federal agencies authorize lessors or parking management contractors to manage, regulate and police parking facilities?
Yes, Federal agencies, upon approval from GSA, may authorize lessors or parking management contractors to manage, regulate and police parking facilities.
§ 102-74.280 Are privately owned vehicles converted for propane carburetion permitted in underground parking facilities?
Federal agencies must not permit privately owned vehicles converted for propane carburetion to enter underground parking facilities unless the owner provides to the occupant agency and the Federal agency buildings manager the installer's certification that the installation methods and equipment comply with National Fire Protection Association (NFPA) Standard No. 58.
§ 102-74.285 How must Federal agencies assign priority to parking spaces in controlled areas?
Federal agencies must reserve official parking spaces, in the following order of priority, for—
(a) Official postal vehicles at buildings containing the U.S. Postal Service's mailing operations;
(b) Federally owned vehicles used to apprehend criminals, fight fires and handle other emergencies;
(c) Private vehicles owned by Members of Congress (but not their staffs);
(d) Private vehicles owned by Federal judges (appointed under Article III of the Constitution), which may be parked in those spaces assigned for the use of the Court, with priority for them set by the Administrative Office of the U.S. Courts;
(e) Other Federally owned and leased vehicles, including those in motor pools or assigned for general use;
(f) Service vehicles, vehicles used in child care center operations, and vehicles of patrons and visitors (Federal agencies must allocate parking for disabled visitors whenever an agency's mission requires visitor parking); and
(g) Private vehicles owned by employees, using spaces not needed for official business.
However, in major metropolitan areas, Federal agencies may determine that allocations by zone would make parking more efficient or equitable, taking into account the priority for official parking set forth in this section.
§ 102-74.290 May Federal agencies allow employees to use parking spaces not required for official needs?
Yes, Federal agencies may allow employees to use parking spaces not required for official needs.
§ 102-74.295 Who determines the number of employee parking spaces for each facility?
The Federal agency buildings manager must determine the total number of spaces available for employee parking. Typically, Federal agencies must make a separate determination for each parking facility. However, in major metropolitan areas, Federal agencies may determine that allocations by zone would make parking more efficient or more equitably available.
§ 102-74.300 How must space available for employee parking be allocated among occupant agencies?
The Federal agency buildings manager must allocate space available for employee parking among occupant agencies on an equitable basis, such as by allocating such parking in proportion to each agency's share of building space, office space or total employee population, as appropriate. In certain cases, Federal agencies may allow a third party, such as a board composed of representatives of agencies sharing space, to determine proper parking allocations among the occupant agencies.
§ 102-74.305 How must Federal agencies assign available parking spaces to their employees?
Federal agencies must assign available parking spaces to their employees using the following order of priority:
(a) Severely disabled employees (see definition in §102–71.20 of this chapter).
(b) Executive personnel and persons who work unusual hours.
(c) Vanpool/carpool vehicles.
(d) Privately owned vehicles of occupant agency employees that are regularly used for Government business at least 12 days per month and that qualify for reimbursement of mileage and travel expenses under Government travel regulations.
(e) Other privately owned vehicles of employees, on a space-available basis. (In locations where parking allocations are made on a zonal basis, GSA and affected agencies may cooperate to issue additional rules, as appropriate.)
§ 102-74.310 What measures must Federal agencies take to improve the utilization of parking facilities?
Federal agencies must take all feasible measures to improve the utilization of parking facilities, including—
(a) The conducting of surveys and studies;
(b) The periodic review of parking space allocations;
(c) The dissemination of parking information to occupant agencies;
(d) The implementation of parking incentives that promote ridesharing;
(e) The use of stack parking practices, where appropriate; and
(f) The employment of parking management contractors and concessionaires, where appropriate.
Smoking
§ 102-74.315 What is the smoking policy for Federal facilities?
Pursuant to Executive Order 13058, “Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace” (3 CFR, 1997 Comp., p. 216), it is the policy of the Executive branch to establish a smoke-free environment for Federal employees and members of the public visiting or using Federal facilities. The smoking of tobacco products is prohibited in all interior space owned, rented or leased by the Executive branch of the Federal Government, and in any outdoor areas under Executive branch control in front of air intake ducts.
§ 102-74.320 Are there any exceptions to this smoking policy for Federal facilities?
Yes, this smoking policy does not apply in—
(a) Designated smoking areas that are enclosed and exhausted directly to the outside and away from air intake ducts, and are maintained under negative pressure (with respect to surrounding spaces) sufficient to contain tobacco smoke within the designated area. Agency officials must not require workers to enter such areas during business hours while smoking is ongoing;
(b) Any residential accommodation for persons voluntarily or involuntarily residing, on a temporary or long-term basis, in a building owned, leased or rented by the Federal Government;
(c) Portions of Federally owned buildings leased, rented or otherwise provided in their entirety to non-Federal parties;
(d) Places of employment in the private sector or in other non-Federal governmental units that serve as the permanent or intermittent duty station of one or more Federal employees; and
(e) Instances where an agency head establishes limited and narrow exceptions that are necessary to accomplish agency missions. Such exceptions must be in writing, approved by the agency head, and to the fullest extent possible provide protection of nonsmokers from exposure to environmental tobacco smoke. Authority to establish such exceptions may not be delegated.
§ 102-74.325 Who has the responsibility to determine which areas are to be smoking and which areas are to be nonsmoking areas?
Agency heads have the responsibility to determine which areas are to be smoking and which areas are to be nonsmoking areas. In exercising this responsibility, agency heads will give appropriate consideration to the views of the employees affected and/or their representatives and are to take into consideration the health issues involved. Nothing in this section precludes an agency from establishing more stringent guidelines. Agencies in multi-tenant buildings are encouraged to work together to identify designated smoking areas.
§ 102-74.330 Who must evaluate the need to restrict smoking at doorways and in courtyards?
Agency heads must evaluate the need to restrict smoking at doorways and in courtyards under Executive branch control to protect workers and visitors from environmental tobacco smoke, and may restrict smoking in these areas in light of this evaluation.
§ 102-74.335 Who is responsible for monitoring and controlling areas designated for smoking and for identifying these areas with proper signage?
Agency heads are responsible for monitoring and controlling areas designated for smoking and identifying these areas with proper signage. Suitable uniform signs reading “Designated Smoking Area” must be furnished and installed by the occupant agency.
§ 102-74.340 Who is responsible for signs on or near building entrance doors?
Federal agency buildings managers must furnish and install suitable, uniform signs reading “No Smoking Except in Designated Areas” on or near entrance doors of buildings subject to this section. It is not necessary to display a sign in every room of each building.
§ 102-74.345 Does the smoking policy in this part apply to the Judicial branch?
This smoking policy applies to the Judicial branch when it occupies space in buildings controlled by the Executive branch. Furthermore, the Federal Chief Judge in a local jurisdiction may be deemed to be comparable to an agency head and may establish exceptions for Federal jurors and others as indicated in §102–74.320(e).
§ 102-74.350 Are agencies required to meet their obligations under the Federal Service Labor-Management Relations Act where there is an exclusive representative for the employees prior to implementing this smoking policy?
Yes. Where there is an exclusive representative for the employees, Federal agencies must meet their obligations under the Federal Service Labor-Management Relations Act (5 U.S.C. 7101 et seq.) prior to implementing this section. In all other cases, agencies may consult directly with employees.
Accident and Fire Prevention
§ 102-74.355 With what accident and fire prevention standards must Federal facilities comply?
To the maximum extent feasible, Federal agencies must manage facilities in accordance with the accident and fire prevention requirements identified in §102–80.80 of this chapter.
§ 102-74.360 What are the specific accident and fire prevention responsibilities of occupant agencies?
Each occupant agency must—
(a) Participate in at least one fire drill per year;
(b) Maintain a neat and orderly facility to minimize the risk of accidental injuries and fires;
(c) Keep all exits, accesses to exits and accesses to emergency equipment clear at all times;
(d) Not bring hazardous, explosive or combustible materials into buildings unless authorized by appropriate agency officials and by GSA and unless protective arrangements determined necessary by GSA have been provided;
(e) Use only draperies, curtains or other hanging materials that are made of non-combustible or flame-resistant fabric;
(f) Use only freestanding partitions and space dividers that are limited combustible, and fabric coverings that are flame resistant;
(g) Cooperate with GSA to develop and maintain fire prevention programs that provide the maximum safety for the occupants;
(h) Train employees to use protective equipment and educate employees to take appropriate fire safety precautions in their work;
(i) Keep facilities in the safest condition practicable, and conduct periodic inspections in accordance with Executive Order 12196 and 29 CFR part 1960;
(j) Immediately report accidents involving personal injury or property damage, which result from building system or maintenance deficiencies, to the Federal agency building manager; and
(k) Appoint a safety, health and fire protection liaison to represent the occupant agency with GSA.
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