Hotel and Motel Fire Safety Act of 1990
PL 101-391 (H.R.94), enacted 09/25/1990

PUBLIC LAW 101-391—SEPT. 25, 1990 
104 STAT. 747 
Public Law 101-391 
101st Congress 
An Act 
To amend the Federal Fire Prevention and Control Act of 1974 to allow for the 
development and issuance of guidelines concerning the use and installation of 
automatic sprinkler sjrstems and smoke detectors in places of public accommoda-
tion affecting commerce, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Hotel and Motel Fire Safety Act of 
1990". 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) more than 400 Americans have lost their lives in multi-
story hotel fires over the last 5 years; 
(2) when properly installed and maintained, automatic sprin-
klers and smoke detectors provide the most effective safeguards 
against the loss of life and property from fire; 
(3) automatic sprinklers and smoke detectors should supple-
ment and not supplant other fire protection measures, including 
existing requirements for fire resistive walls and fire retardant 
furnishings; 
(4) some State and local governments and the hotel industry 
need to act more rapidly to require the installation and use of 
automatic sprinkler systems in hotels; and 
(5) through the United States Fire Administration and the 
Center for Fire Research, the Federal Government has helped 
to develop and promote the use of residential sprinkler systems 
and other means of fire prevention and control. 
0)) PURPOSE.—It is the purpose of this Act to save lives and protect 
property by promoting fire and life safety in hotels, motels, and all 
places of public accommodation affecting commerce. 
SEC. 
3
. 
HOTEL 
AND 
MOTEL 
FIRE 
PREVENTION 
AND 
CONTROL. 
(a) IN GENERAL.—The Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the 
following new sections: 
"LISTINGS OF CERTIFIED PLACES OF PUBLIC ACCOMMODATION 
"SEC. 28. (a) SUBMISSIONS BY STATES.-^1) Not later than 2 years 
after the date of enactment of this section, each State shall, under 
procedures formulated by the Director, submit to the Director a list 
of those places of public accommodation affecting commerce located 
in the State which the Governor of the State or his designee certifies 
meet the requirements of the guidelines described in section 29. 
"(2) The Director shall formulate procedures under which each 
State shall periodically update the list submitted pursuant to para-
graph (1). 
Sept. 25,1990 
[H.R. 94] 
Hotel and 
Motel Fire 
Safety Act of 
1990. 
15 use 2201 
note. 
15 use 2201 
note. 
State and local 
governments. 
15 u s e 2224. 
39-189 O - 90 (391) 
104 STAT. 748 
PUBLIC LAW 101-391—SEPT. 25,1990 
Federal 
"(b) COMPILATION AND DISTRIBUTION OF MASTER LiST.—(1) N o t 
R^ter, 
later than 60 days after the expiration of the 2-year period referred 
publication. 
^ jj^ subsection (a), the Director shall compile and publish in the 
Federal Register a national master list of all of the places of public 
accommodation affecting commerce located in each State that meet 
the requirements of the guidelines described in section 29, and shall 
distribute such list to each agency of the Federal (Jovemment and 
take steps to make the employees of such agencies aware of its 
existence and contents. 
"(2) The Director shall periodically update the national master list 
compiled pursuant to paragraph (1) to reflect changes in the State 
lists submitted to the Director pursuant to subsection (a), and shall 
periodically redistribute the updated master list to each agency of 
the Federal Government. 
"(3) For purposes of this subsection, the term 'agency' has the 
meaning given to it under section 5701(1) of title 5, United States 
Code. 
"FIRE PREVENTION AND CONTROL GUIDEUNES FOR PLACES OF PUBUC 
ACCOMMODATION 
15 use 2225. 
"SEC. 29. (a) (CONTENTS OF GUIDELINES.—The guidelines referred to 
in sections 28 and 30 consist of— 
"(1) a requirement that hard-wired, single-station smoke 
detectors be installed in accordance with National Fire Protec-
tion Association Standard 74 in each guest room in each place of 
pubUc accommodation affecting commerce; and 
"(2) a requirement that an automatic sprinkler system be 
installed in accordance with National Fire Protection Associa-
tion Standard 13 or 13-R, whichever is appropriate, in each 
place of public accommodation affecting commerce except those 
places that are 3 stories or lower. 
"(b) EFFECT ON STATE AND LOCAL LAW.—The provisions of this 
section shall not be construed to limit the power of any State or 
political subdivision thereof to implement or enforce any law, rule, 
regulation, or standard concerning fire prevention and control. 
"(c) DEFINITIONS.—For purposes of this section, the following 
definitions shall apply: 
"(1) The term 'smoke detector' means an alarm that is de-
signed to respond to the presence of visible or invisible particles 
of combustion. 
"(2) The term 'automatic sprinkler system' means an elec-
tronically supervised, integrated system of piping to which 
sprinklers are attached in a systematic pattern, and which, 
when activated by heat from a fire, will protect human lives by 
discharging water over the fire area, and by providing appro-
priate warning signals (to the extent such signals are required 
by Federal, State, or local laws or regulations) through the 
building's fire alarm system, 
"DISSEMINATION OF FIRE PREVENTION AND CONTROL INFORMATION 
15 use 2226. 
"SEC. 30. The Director, acting through the Administrator, is au-
thorized to take steps to encourage the States to promote the use of 
automatic sprinkler sjrstems and automatic smoke detection sjrs-
tems, and to disseminate to the maximum extent possible informa-
tion on the life safety value and use of such systems. Such steps may 
PUBLIC LAW 101-391—SEPT. 25, 1990 
104 STAT. 749 
include, but need not be limited to, providing copies of the guidelines 
described in section 29 and of the master list compiled under section 
28(b) to Federal agencies, State and local governments, and fire 
services throughout the United States, and making copies of the 
master list compiled under section 28(b) available upon request to 
interested private organizations and individuals.". 
(b) DEFINITIONS.—(1) Section 4 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2203) is amended by redesignating 
paragraphs (4) and (5) as paragraphs (5) £ind (6), respectively, by 
redesignating paragraphs (6) and (7) as paragraphs (8) £ind (9), 
respectively, and by inserting immediately after paragraph (3) the 
following new paragraph: 
"(4) 'Director' means the Director of the Federal Emergency 
Management Agency;". 
(2) Section 4 of such Act (as amended by paragraph (1)) is further 
amended by inserting immediately after paragraph (6), as so redesig-
nated, the following new paragraph: 
"(7) 'place of public accommodation affecting commerce' 
means any inn, hotel, or other establishment not owned by the 
Federal Government that provides lodging to transient guests, 
except that such term does not include an establishment treated 
as an apartment building for purposes of any State or local law 
or regulation or an establishment located within a building that 
contains not more than 5 rooms for rent or hire and that is 
actuEilly occupied as a residence by the proprietor of such 
establishment;". 
SEC. 4. ADHERENCE TO FIRE SAFETY GUIDELINES IN ESTABLISHING 
RATES AND DISCOUNTS FOR LODGING EXPENSES. 
(a) AMENDMENT TO TITLE 5.—Subchapter I of chapter 57 of title 5, 
United States Code, is amended by inserting immediately after 
section 5707 the following new section: 
"§ 5707a. Adherence to Hre safety guidelines in establishing rates 
and discounts for lodging expenses 
"(a) Studies or surveys conducted for the purposes of establishing 
per diem rates for lodging expenses under this chapter shall be 
limited to places of public accommodation that meet the require-
ments of the fire prevention and control guidelines described in 
section 29 of the Federal Fire Prevention and Control Act of 1974. 
The provisions of this subsection shall not apply with respect to 
studies and surveys that are conducted in any jurisdiction that is 
not a State as defined in section 4 of the Federal Fire Prevention 
and Control Act of 1974. 
"(b) The Administrator of General Services may not include in 
any directory which lists lodging accommodations any hotel, motel, 
or other place of public accommodation that does not meet the 
requirements of the fire prevention and control guidelines described 
in section 29 of the Federal Fire Prevention and Control Act of 1974. 
"(c) The Administrator of General Services shall include in each 
Handicapped 
directory which lists lodging accommodations a description of the 
persons, 
access and safety devices, including appropriate emergency alert-
ing devices, which each listed place of public accommodation 
provides for guests who are hearing-impaired or visually or phys-
ically handicapped. 
"(d) The Administrator of CJeneral Services may take any addi-
tional actions the Administrator determines appropriate to encour-
104 STAT. 750 
PUBLIC LAW 101-391—SEPT. 25, 1990 
age employees traveling on official business to stay at places of 
public accommodation that meet the requiremente of the fire 
prevention and control guidelines described in section 29 of the 
Federal Fire Prevention and Control Act of 1974.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 57 of title 5, United States Code, is amended by inserting 
immediately after the item relating to section 5707 the following 
new item: 
"5707a. Adherence to fire safety guidelines in establishing rates and discounts for 
lodging expenses.". 
5 use 5707a 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
note. 
take effect 60 days after the date of the publication in the Federal 
Register of the master list of certified places of public accommoda-
tion maintained by the Director of the Federal Emergency Manage-
ment Agency pursuant to section 280b) of the Federal Fire Preven-
tion and Control Act of 1974 (as added by section 3 of this Act). 
SEC. 5. ESTABLISHMENT OF APPROVED ACCOMMODATIONS PERCENT-
AGE FOR FEDERAL AGENCIES. 
(a) APPROVED ACCOMMODATIONS PERCENTAGE.— 
(1) IN GENERAL.—Section 5707 of title 5, United States Code, is 
amended by adding at the end the following new subsection: 
"(d)(1) Each agency shall ensure that its approved accommoda-
tions percentage for a fiscal year shall be not less than— 
"(A) 65 percent, for the first fiscal year that begins 4 years 
after the date of enactment of this subsection; 
"(B) 75 percent, for the fiscal year that begins 5 years after 
the date of enactment of this subsection; and 
"(C) 90 percent, for the fiscal year that begins 6 years after 
the date of enactment of this subsection and for each subse-
quent fiscal year. 
"(2) In this subsection, an agency's 'approved accommodations 
percentage' for a fiscal year is the percentage determined by mul-
tiplying 100 by the quotient of— 
"(A) the totEil number of nights spent by civilian employees of 
the agency (as described in section 5702(a)) for which payment 
was made under this chapter for lodging expenses incurred in 
any State at any approved hotel, motel, or other place of public 
accommodation not owned by the Federal Government; divided 
by 
"(B) the total number of nights spent by such employees for 
which pajonent was made under this chapter for lodging ex-
penses incurred in any State at any hotel, motel, or other 
place of public accommodation not owned by the Federal 
Government. 
"(3) For purposes of this subsectipn, a hotel, motel, or other place 
of public accommodation is approved if it meets the requirements of 
the fire prevention and control guidelines described in section 29 of 
the Federal Fire Prevention and Control Act of 1974. 
"(4) For purposes of this subsection— 
"(A) the term 'agency' does not include the government of the 
District of Columbia; and 
"(B) the term 'State' means any State, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Commonwealth of 
the Northern Mariana Islands, the Trust Territory of the Pa-
cific Islands, the Virgin Islands, the Canal Zone, Guam, Amer-
ican Samoa, or any other territory or possession.". 
PUBLIC LAW 101-391—SEPT. 25, 1990 
104 STAT. 751 
(2) CONFORMING AMENDMENT.—Section 5701 of such title is 
amended in the matter preceding paragraph (1) by striking "For 
the purpose" and inserting "Except as otherwise provided in 
section 5707(d), for the purpose", 
(b) GAO AUDIT OF AGENCY COMPUANCE.—Not later than 6 months 
Reports, 
after the last day of the first fiscal year during which lodging 
5 USC 5707 
expenses are subject to the requirements of section 5707(d) of title 5, "°*®-
United States Code, as added by subsection (a), and not later than 6 
months after the last day of every fiscal year thereafter, the 
Comptroller Greneral shall conduct an audit of the compliance of 
agencies with the requirements of section 5707(d) of title 5, United 
States Code (as added by subsection (a)), and shall submit a report to 
Congress describing the results of such audit. 
SEC. 6. PROHIBITING FEDERAL FUNDING OF CONFERENCES HELD AT 
15 USC 2225a. 
NON-CERTIFIED PLACES OF PUBLIC ACCOMMODATION. 
(a) IN GENERAL.—No Federal funds may be used to sponsor or 
fund in whole or in part a meeting, convention, conference, or 
training seminar that is conducted in, or that otherwise uses the 
rooms, facilities, or services of, a place of public accommodation that 
does not meet the requirements of the fire prevention and control 
guidelines described in section 29 of the Federal Fire Prevention and 
Control Act of 1974 (as added by section 3(a) of this Act). 
(b) WAIVER.— 
(1) IN GENERAL.—The head of an agency of the Federal 
Government sponsoring or funding a particular meeting, 
convention, conference, or training seminar may waive the 
prohibition described in subsection (a) if the head of such agency 
determines that a waiver of such prohibition is necessary in the 
public interest in the case of such particular event. 
(2) DELEGATION OF AUTHORITY.—The head of an agency of the 
Federal Government may delegate the authority provided 
under paragraph (1) to waive the prohibition described in 
subsection (a) and to determine whether such a wsdver is nec-
essary in the public interest to an officer or employee of the 
agency if such officer or employee is given such authority with 
respect to all meetings, conventions, conferences, and training 
seminars sponsored or funded by the agency. 
(c) NOTICE REQUIREMENTS.— 
(1) ADVERTISEMENTS AND APPLICATIONS.—(A) Any advertise-
ment for or application for attendance at a meeting, convention, 
conference, or training seminar sponsored or funded in whole or 
in part by the Federal Government shall include a notice 
regarding the prohibition described in subsection (a). 
(B) The requirement described in subparagraph (A) shall not 
apply in the case of an event for which a head of an agency of 
the Federal Government, pursuant to subsection (b), waives the 
prohibition described in subsection (a). 
(2) PROVIDING NOTICE TO RECIPIENTS OF FUNDS.—(A) Each 
Executive department. Government corporation, and independ-
ent establishment providing Federal funds to non-Federal enti-
ties shall notify recipients of such funds of the prohibition 
described in subsection (a). 
(B) In subparagraph (A), the terms "Executive department", 
"Government corporation", and "independent establishment" 
have the meanings given such terms in chapter 1 of title 5, 
United States Code. 
104 STAT. 752 
PUBLIC LAW 101-391—SEPT. 25, 1990 
(d) EFFECTIVE DATE.—The provisions of this section shall take 
effect on the first day of the first fiscal year that begins after the 
expiration of the 425-day period that begins on the date of the 
publication in the Federal Register of the master list referred to in 
section 28(b) of the Federal Fire Prevention and Control Act of 1974 
(as added by section 3 of this Act). 
15 u s e 2201 
SEC. 7. WAIVER OF FEDERAL LIABILITY. 
°° • 
In any action for damages resulting from a fire at a place of public 
accommodation, the Federal Government may not be found liable 
for the death of or injury to any person or damage to any property 
because an officer or employee of the Federal Government was 
negligent in carrying out any requirement under this Act or the 
amendments made by this Act. 
15 u s e 2201 
SEC. 8. EFFECT ON CERTAIN REQUIREMENTS. 
Nothing in this Act shall be construed to encourage model build-
ing code organizations, or State or local governments, to reduce 
requirements for fire resistive walls or other safety features. 
Approved Sepjtember 25, 1990. 
LEGISLATIVE 
fflSTORY—H.R. 
94: 
HOUSE REPORTS: No. 101-357 (Comm. on Science, Space, and Technology). 
SENATE REPORTS: No. 101-408 (Comm. on Commerce, Science, and Transporta-
tion). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Nov. 17, considered and passed House. 
Vol. 136 (1990): Aug. 3, considered and passed Senate, amended. 
Sept. 10, House concurml in Senate amendment.