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Keys for locked exits and the meaning of occupied

Summary An OSHA regional office asked how the exit rule applied to doors requiring a key from the egress side. OSHA said later NFPA definitions that treated a building as occupied only above a ten-person threshold had not been adopted through rulemaking and could not narrow the federal rule. OSHA archives this memorandum and warns it may no longer represent current policy.
Document
Federal guidance
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1994-06-29-0
Date issued
June 29, 1994
Status
Archived by the agency
OSHA labels this an archive document and warns that it may no longer represent current policy.
Status last verified October 9, 2026
Topics
Workplace Safety OSHA 1910 Egress Fire Safety
Source
View the official document

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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

June 29, 1994

MEMORANDUM FOR: LINDA ANKU
REGIONAL ADMINISTRATOR

FROM: JOHN B. MILES, JR., DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT: Key to Open Locked Exits

This is in response to your inquiry of January 14, regarding locked exits equipped with locks that require keys to open them from the egress side. Please accept our apology for the delay in response.

The following guidance is offered to clarify 29 CFR 1910.36(b)(4) with respect to the definition of "occupied". The 1985 and 1991 editions of NFPA 101, the Life Safety Code, define a building as being "occupied" when more than 10 persons are in it.

OSHA cannot enforce the provisions of NFPA 101-1985 and 1991, including the definition of "occupied", when assessing compliance with 1910.36(b)(4), since they were not offered to the public for comment under the rulemaking provisions of the Administrative Procedures Act. Since NFPA 101, 1970 Edition [source document for 29 CFR 1910.36] did not include the definition of "occupied" at the time of adoption, OSHA will not narrow its scope of coverage of 1910.36 to accommodate NFPA's 1985 and the 1991 definition of "occupied". Such an accommodation would provide a level of protection for employees less than that which is afforded by the 1970 edition.

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