DAR File No. 32451

Public Safety, Fire Marshal

R710-2-6

List of Approved Class C Common State Approved Explosives

NOTICE OF PROPOSED RULE

DAR File No.: 32451
Filed: 03/16/2009, 08:56
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 03/10/2009, the Utah Fire Prevention Board met in a regularly scheduled Board meeting, and voted by unanimous vote to amend Section R710-2-6 to allow those fireworks that are marked with the California State Fire Marshal Safe and Sane Registered Fireworks Seal to be exempt from the required annual testing process and be placed on the approved fireworks list.

Summary of the rule or change:

The Board proposes to make the following amendments in Section R710-2-6 as follows: 1) in Subsection R710-2-6(6.1), the Board proposes to add the verbiage that requires annual testing of fireworks as required in Subsection 53-7-222(1); and 2) in Subsection R710-2-6(6.4), the Board proposes to amend the rule to allow those fireworks that bear the California State Fire Marshal Safe and Sane Registered Fireworks Seal to be exempt from the required annual testing and that approved firework can be placed on the Utah fireworks approved list.

State statutory or constitutional authorization for this rule:

Section 53-7-204

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost to state government for the enactment of these proposed amendments. There is an anticipated savings to state government of approximately $1,000 for the fireworks that are normally placed through the testing process that will now not be required to be annually tested.

local governments:

There is no aggregate anticipated cost to local government for the enactment of these proposed amendments. There is an anticipated savings to local government of approximately $2,000 for the fireworks that are normally placed through the testing process that will now not be required to be annually tested. Local government has assisted the state in this testing process and will no longer be required to test every new firework that is to be added to the approved list.

small businesses and persons other than businesses:

There is no aggregate anticipated cost to small businesses for the enactment of these proposed amendments. There is an anticipated savings of approximately $7,000 to small businesses that will now be able to list their fireworks that need approval to the approved list without having to set them off in front of the State Fire Marshal's Office and local government if they have been previously approved by the California State Fire Marshal's Office.

Compliance costs for affected persons:

There are no compliance costs for affected persons to implement these new proposed rule amendments. There is a savings to all involved due to the allowance of those fireworks with the California Safe and Sane Fireworks Seal to be placed on the Utah fireworks approved list without having to be actually tested for performance to meet the requirements of the Utah Fireworks Act.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact to businesses for the enactment of these proposed amendments. There is a substantial savings to business for the enactment of these proposed rule amendments and is in the best interest of all involved. D. Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Fire Marshal
5272 S COLLEGE DR
MURRAY UT 84123-2611

Direct questions regarding this rule to:

Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2009

This rule may become effective on:

05/08/2009

Authorized by:

Ron L. Morris, Utah State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-2. Rules Pursuant to the Utah Fireworks Act.

R710-2-6. List of Approved Class C Common State Approved Explosives.

6.1 The State Fire Marshal shall test and approve any Class C common state approved explosive before it is placed on the approved list as required in UCA 53-7-222(1).

6.[1]2 The State Fire Marshal shall publish a list of approved class C common state approved explosives each year as required in UCA 53-7-222(1)(b).

6.[2]3 The testing shall be conducted annually or as needed.

6.4 Any firework that bears the "California State Fire Marshal Safe and Sane Registered Fireworks Seal" is exempted from the testing process and can be placed on the approved list.

 

KEY: fireworks

Date of Enactment or Last Substantive Amendment: [December 9, 2008]May 8, 2009

Notice of Continuation: June 4, 2007

Authorizing, and Implemented or Interpreted Law: 53-7-204