DAR File No. 40546
This rule was published in the July 15, 2016, issue (Vol. 2016, No. 14) of the Utah State Bulletin.
Public Safety, Fire Marshal
Rule R710-9
Rules Pursuant to the Utah Fire Prevention and Safety Act
Notice of Proposed Rule
(Amendment)
DAR File No.: 40546
Filed: 06/23/2016 05:40:07 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to comply with the adoption of the 2015 International Fire Code by the Utah State Legislature and to make formatting changes.
Summary of the rule or change:
The rule has been renumbered to meet the requirements of the Rulewriting Manual. The purpose of the rule has been restated to meet the requirements of the Rulewriting Manual. The authority of the rule has been restated to meet the requirements of the Rulewriting Manual. Redundant definitions have been removed; references to chair and vice chair have been corrected to make them gender neutral; meeting notification have been changed from 21 days to 14 days, an individual's ability to make a code amendment proposal to the board have been clarified; and the use of anti-freeze in existing systems has been clarified.
State statutory or constitutional authorization for this rule:
- Section 53-7-204
Anticipated cost or savings to:
the state budget:
There will not be an anticipated cost or savings to the state budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
local governments:
There will not be an anticipated cost or savings to local budgets because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
small businesses:
There will not be an anticipated cost or savings to small business' budgets because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
persons other than small businesses, businesses, or local governmental entities:
There will not be an anticipated cost or savings to the persons' budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
Compliance costs for affected persons:
There will not be an anticipated cost or savings because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed the amendment and found that this rule change will not have a fiscal impact on business.
Keith D. Squires, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Public SafetyFire MarshalRoom 302
5272 S COLLEGE DR
MURRAY, UT 84123-2611
Direct questions regarding this rule to:
- Ted Black at the above address, by phone at 801-284-6352, by FAX at , or by Internet E-mail at [email protected]
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, 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:
08/15/2016
This rule may become effective on:
08/22/2016
Authorized by:
Coy Porter, State Fire Marshal
RULE TEXT
R710. Public Safety, Fire Marshal.
R710-9. Rules Pursuant to the Utah Fire Prevention and Safety Act.
R710-9-1. [Title, Authority, and Adoption of Codes]Purpose.
[1.1 These rules shall be known as the "Rules Pursuant
to the Utah Fire Prevention and Safety Act ", and may be cited
as such, and will be hereafter referred to as "these
rules".
1.2 These rules are promulgated in accordance with Title
53, Chapter 7, Section 204; Title 15A, Chapter 1, Section 403;
and, Title15A, Chapter 5, Section 208, Utah Code Annotated 1953,
as amended.
1.3 These rules are adopted by the Utah Fire Prevention
Board]The purpose of this rule is to provide minimum rules for
safeguarding life and property from the hazards of fire and
explosion, for board meeting conduct, deputizing Special Deputy
State Fire Marshals, procedures to amend incorporated references,
establishing board subcommittees, enforcement of the rules of the
State Fire Marshal, requirements for the firefighter support
restricted account, regulation of novelty lighters, procedures for
the issuance of blasting permits, and amendments and additions.
[1.4 There is further adopted as part of these rules the
following codes which are incorporated by reference:
1.4.1 International Fire Code (IFC), 2009 edition,
excluding appendices, as published by the International Code
Council, Inc. (ICC), and as enacted and amended by the Utah State
Legislature in Sections 102 and 201 of the State Fire Code
Adoption Act, except as amended by provisions listed in
R710-9-11, et seq.
1.5 Copies of the above code are on file in the Division of
Administrative Rules and the Office of the State Fire
Marshal.]
R710-9-2. Authority.
This rule is authorized by Section 53-7-204.
R710-9-[2]3
. Definitions.
[2.1](1) "Authority Having Jurisdiction (AHJ)" means
the State Fire Marshal, his authorized deputies, or the local fire
enforcement authority.
[2.2](2) "Board" means Utah Fire Prevention Board.
[2.3](3) "Committee" means the Firefighter Support
Restricted Account Advisory Committee.
[2.5](4) "Division" means State Fire Marshal.
[2.4](5) "Dwelling Unit" means one or more rooms
arranged for the use of one or more individuals living together, as
in a single housekeeping unit normally having cooking, living,
sanitary, and sleeping facilities. For purposes of this standard,
dwelling unit includes hotel rooms, dormitory rooms, apartments,
condominiums, sleeping rooms in nursing homes, and similar living
units.
[2.6](6) "IFC" means International Fire Code.
[2.7](7) "LFA" means Local Fire Authority.
[2.8](8) "Premixed" means the mixing of antifreeze with
water that is prepared by the manufacturer with a quality control
procedure that ensures that the antifreeze and water solution does
not separate.
[2. 9](9) "Restricted Account" means Firefighter Support
Restricted Account.
[2.10](10) "SFM" means State Fire Marshal or authorized
deputy.
[2.11](11) "[Sub-Committee]Subcommittee" means Fire Prevention Board Budget [Sub-Committee]Subcommittee or Amendment [Sub-Committee]Subcommittee.
[2. 12 "UCA" means Utah Code Annotated,
1953.]
R710-9-[3]4
. Conduct of Board Members and Board Meetings.
[3.1](1) Board meetings shall be presided over and conducted by
the chair[man] and in [his]the chair's absence, by the vice chair[man] or the chair[man]'s designee.
[3.2](2) A quorum shall be required to approve any action of the
[B]board.
[3.3](3) The chair[man] of the [B]board and [B]board members shall be entitled to vote on all issues
considered by the [B]board. A [B]board member who declares a conflict of interest or where a
conflict of interest has been determined, shall not vote on that
particular issue.
[3.4](4) Meetings of the [B]board shall be conducted in accordance with an agenda, which
shall be submitted to the members by the division, not less than [21]14 days before the regularly scheduled [B]board meetings.
[3.5](5) Public notice of [B]board meetings shall be made by the [D]division as prescribed in [UCA ]Section 52-4-6.
[3.6](6) The division shall provide the [B]board with a secretary who shall prepare minutes and shall
perform all secretarial duties necessary for the [B]board to fulfill its responsibility. The minutes of [B]board meetings shall be completed and sent to [B]board members at least 14 days prior to the scheduled [B]board meeting.
[3.7](7) A [B]board member
's standing on the [B]board shall come under review after two unexcused absences
in one year from regularly scheduled board meetings.
(a) The [B]board member
's name shall be submitted to the governor's office
for status review.
R710-9-[4]5
. Deputizing Persons to Act as Special Deputy State Fire
Marshals.
[4.1](1) Special deputy state fire marshals may be appointed by
the SFM to positions of expertise within the regular scope of the
Fire Marshal's Office.
[4.2](2) Pursuant to Section 53-7-101[ et seq.], special deputy state fire marshals may
also be appointed to assist the Fire Marshal's Office in
establishing and maintaining minimum fire prevention standards in
those occupancy classifications listed in the International Fire
Code.
[4.3](3) Special deputy state fire marshals shall be appointed
after review by the State Fire Marshal in regard to their
qualifications and the overall benefit to the Office of the State
Fire Marshal.
[4.4](4) Special deputy state fire marshals shall be appointed by
completing an oath and shall be appointed for a specific period of
time.
[4.5](5) Special deputy state fire marshals shall have a picture
identification card and shall carry that card when performing their
assigned duties.
R710-9-[5]6
. Procedures to Amend the International Fire Code.
[5.1](1) All requests for amendments to the IFC shall be
submitted to the division on forms created by the division, for
presentation to the [B]board at the next regularly scheduled [B]board meeting.
[5.2](2) Requests for amendments received by the division less
than 21 days prior to any regularly scheduled meeting of the [B]board may be delayed in presentation until the next
regularly scheduled [B]board meeting.
[5.3](3) Upon presentation of a proposed amendment, the [B]board shall do one of the following:
[5.3.1](a) accept the proposed amendment as submitted or as
modified by the [B]board;
[5.3.2](b) reject the proposed amendment;
[5.3.3](c) submit the proposed amendment to the Board Amendment
Subcommittee for further study; or
[5.3.4](d) return the proposed amendment to the requesting
person or agency, accompanied by [B]board comments, allowing the requesting
person or agency to resubmit the proposed amendment with
modifications.
[5.4](4) The Board Amendment Subcommittee shall report its
recommendation to the [B]board at the next regularly scheduled [B]board meeting.
[5.5](5) The [B]board shall make a final decision on the proposed amendment
at the next [B]board meeting following the original submission.
[5.6](6) The [B]board may reconsider any request for amendment, reverse or
modify any previous action by majority vote.
[5.7](7) When approved by the [B]board, the requesting agency shall provide to the division
within 45 days, the completed ordinance.
[5.8](8) The division shall maintain a list of amendments to the
IFC that have been granted by the [B]board.
[5.9](9) The division shall make available to any person or
agency copies of the approved amendments upon request, and may
charge a reasonable fee for multiple copies in accordance with the
provisions of [UCA, ]Section 63-2-203.
R710-9-[6]7
. Fire Advisory and Code Analysis Committee.
[6.1](1) There is created by the [B]board a Fire Advisory and Code Analysis Committee whose
duties are to provide direction to the [B]board in the matters of fire prevention and building
codes.
[6.2](2) The committee shall serve in an advisory position to the
[B]board, members shall be appointed by the [B]board, shall serve for a term of three years, and shall
consist of the following members:
[6.2.1](a) [A]a representative from the State Fire Marshal's Office[.];
[6.2.2](b) [T]the Code Committee Chairman of the Fire Marshal's
Association of Utah[.];
[6.2.3](c) [A]a fire marshal or fire inspector from a local fire
department or fire district[.];
[6.2.4](d) [A]a representative from the Department of Health[.];
[6.2.5](e) [T]the Chief Elevator Inspector from the Utah Labor Commission[.];
[6.2.6](f) [A]a representative from the Department of Human Services[.]; and
[6.2.7](g) [A]a representative from Forestry, Fire and State Lands.
[6.3](3) This committee shall join together with the Uniform
Building Code Commission Fire Protection Advisory Committee to form
the Unified Code Analysis Council.
[6.4](4) The Council shall meet as directed by the [B]board or as directed by the Building Codes Commission or as
needed to review fire prevention and building code issues that
require definitive and specific analysis.
[6.5](5) The Council shall select one of its members to act in
the position of chair and another to act as vice chair. The chair
and vice chair shall serve for one year terms on a calendar year
basis. Elections for chair and vice chair shall occur at the
meeting conducted in the last quarter of the calendar year.
[6.6](6) The chair or vice chair of the council shall report to
the [B]board or Building Codes Commission recommendations of the
Council with regard to the review of fire and building codes.
R710-9-[7]8
. Enforcement of the Rules of the State Fire Marshal.
[7.1](1) Fire and life safety plan reviews of new construction,
additions, and remodels of state owned facilities shall be
conducted by the SFM, or his authorized deputies. State owned
facilities shall be inspected by the SFM, or his authorized
deputies.
[7.2](2) Fire and life safety plan reviews of new construction,
additions, and remodels of public and private schools shall be
completed by the SFM, or his authorized deputies, and the LFA.
[7.3](3) Fire and life safety plan reviews of new construction,
additions, and remodels of publicly owned buildings, privately
owned colleges and universities, and institutional occupancies,
with the exception of state owned buildings, shall be completed by
the LFA. If not completed by the LFA, the SFM, or his authorized
deputies shall complete the plan review.
[7.4](4) The following listed occupancies shall be inspected by
the LFA[. If not completed by the LFA], the SFM, or his
authorized deputies:[shall inspect.]
[7.4.1](a) [P]publicly owned buildings other than state owned buildings;[as referenced in 9.1 of this rule.]
[7.4.2](b) [P]public and private schools[.];
[7.4.3](c) [P]privately owned colleges and universities[.];
[7.4.4](d) [I]institutional occupancies
; and[as defined in Section 9-2 of this rule.]
[7.4.5](e) [P]places of assembly[as defined in Section 9-2 of this rule].
[7.5](5) The [B]board shall require prior to approval of a grant the
following:
[7.5.1](a) [T]that the applying fire agency be actively participating in
the statewide fire statistics reporting program[.]; and
[7.5.2](b) [The Board shall also require ]that the applying
fire agency be actively working towards structural or wildland
firefighter certification through the Utah Fire Service
Certification System.
R710-9-[8]9
. Fire Prevention Board Budget and Amendment
Subcommittees.
[8.1](1) There [is]are created two Fire Prevention Board subcommittees known as
the Budget Subcommittee, and the Amendment Subcommittee. Each
subcommittee's membership shall be appointed from members of
the [B]board.
[8.2](2) Subcommittee membership shall be by appointment of the [B]board [C]chair or as volunteered by [B]board members. Subcommittee membership shall be limited to
four [B]board members.
[8.3](3) Each subcommittee shall meet as necessary and shall vote
and appoint a chair to represent the subcommittee at regularly
scheduled [B]board meetings.
R710-9-[9]10
. Firefighter Support Restricted Account.
[9.1](1) There is created by the [B]board a Firefighter Support Restricted Account Advisory
Committee whose duties are to provide direction to the [D]division in the distribution of funds in the [R]restricted [A]account.
[9.2](2) The Committee shall be appointed by the [D]division, approved by the [B]board, and shall consist of the following members:
[9.2.1](a) [T]two representatives from the Utah State Firemen's
Association[.];
[9.2.2](b) [T]two representatives from the Utah State Fire Chiefs
Association[.];
[9.2.3](c) [T]two representatives from the Professional Firefighters of
Utah[.]; and
[9.2.4](d) [O]one representative from the general public.
[9.3](3) The [C]committee members shall serve for a term of three years,
shall meet as directed by the [D]division, and a majority of members shall be present to
constitute a quorum.
[9.4](4) The [C]committee shall select one of its members to act in the
position of chair. The chair shall serve for a term of one year,
and shall be a voting member only in the event of a tie vote.
[9.5](5) The [C]committee shall assist the [D]division in preparing application forms to be used to apply
for distributions from the [R]restricted [A]account.
[9.6](6) The Division shall set a specific time period each year
for the receiving of applications, the review of applications by
the committee, and the distribution of the [R]restricted [A]account funds.
[9.7](7) The [D]division shall distribute the [R]restricted [A]account funding to charitable organizations meeting the
requirements listed in [UCA]Subsection 53-7-109(4), and to be expended for only the
purposes allowed in accordance with [UCA]Subsection 53-7-109(5)(b).
[9.8](8) In the event of a conflict in the distribution of the [R]restricted [A]account funds, an appeal for resolution shall be made to the
[B]board. The [B]board shall be the final authority in the resolution of the
conflict.
R710-9-[10]11
. Regulation of Novelty Lighters.
[10.1 ]All novelty lighters that have been
identified as toy-like lighters by the Novelty and Toy-Like Lighter
Assessment Committee, and placed by picture and description on the
Utah Department of Public Safety, State Fire Marshal Website, Toy
and Novelty Lighter Initiative, Toy-like Lighters Disavowed List,
http://publicsafety.utah.gov/firemarshal, shall not be sold or
offered for sale in the State of Utah.
R710-9-[11]12
. Amendments and Additions.
There are currently no amendments and additions adopted by the Board for application statewide.
[
R710-9-12. Issuing of Blasting Permits.
12.1 When a local fire department or AHJ does not have a
procedure in place for the issuance of a blasting permit, or when
blasting occurs as part of an on-going/continuous project across
more than one fire service jurisdiction, the requesting applicant
must provide all of the following to the SFM:
12.1.1 Completion of an approved blasting permit
application
12.1.2 A copy of a current Alcohol,Tobacco,and Firearms
(ATF) License/Permit
12.1.3 A copy of a current ATF listed Responsible Parties
and Employee Possessors Permit
12.1.4 Twenty-Four (24) hour emergency contact
information; including name, address, phone numbers, and email
for responsible parties, local/site project supervisor or
foreman, and primary contact(s) information for the requested
permit.
12.1.5 Purpose of the permit requested
12.1.6 Location of proposed blasting including the
physical address and/or map of the area
12.1.7 Information on explosive types, quantities in
storage, shot quantities and day use estimates.
12.1.8 Proof of insurance.
12.2 Upon approval, the applicant shall present the
permit to all affected jurisdictions.
12.3 Appeals of permit denials shall follow the procedures
outlined in R710-9-15.]
R710-9-13. Repeal of Conflicting Board Actions.
All former [B]board actions, or parts thereof, conflicting or inconsistent
with the provisions of this [B]board action or of the codes hereby adopted, are hereby
repealed.
R710-9-14. Validity.
The Utah Fire Prevention Board hereby
declares that should any section, paragraph, sentence, or word of
this [B]board action, or of the codes hereby adopted, be declared
invalid, it is the intent of the Utah Fire Prevention Board that it
would have passed all other portions of this action, independent of
the elimination of any portion as may be declared invalid.
R710-9-15. Adjudicative Proceedings.
[15.1](1) All adjudicative proceedings performed by the agency
shall proceed informally as set forth herein and as authorized by [UCA, ]Sections 63G-4-202 and 63G-4-203.
[15.2](2) If a city, county, or fire protection district refuses
to establish a method of appeal regarding a portion of the IFC, the
appealing party may petition the [B]board to act as the board of appeals.
[15.3](3) A person may request a hearing on a decision made by the
SFM, his authorized deputies, or the LFA, by filing an appeal to
the [B]board within 20 days after receiving final decision.
[15.4](4) All adjudicative proceedings, other than criminal
prosecution, taken by the SFM, his authorized deputies, or the LFA,
to enforce the Utah Fire Prevention and Safety Act and these rules,
shall commence in accordance with [UCA, ]Section 63G-4-201.
[15.5](5) The [B]board shall act as the hearing authority, and shall convene
as an appeals board after timely notice to all parties
involved.
[15.6](6) The [B]board shall direct the SFM to issue a signed order to the
parties involved giving the decision of the [B]board within a reasonable time of the hearing pursuant to [UCA, ]Section 63G-4-203.
[15.7](7) Reconsideration of the [B]board's decision may be requested in writing within 20
days of the date of the decision pursuant to [UCA, ]Section 63G-4-302.
[15.8](8) Judicial review of all final [B]board actions resulting from informal adjudicative
proceedings is available pursuant to [UCA, ]Section 63G-4-402.
KEY: fire prevention, law
Date of Enactment or Last Substantive Amendment: [November 21, 2012]2016
Notice of Continuation: June 7, 2012
Authorizing, and Implemented or Interpreted Law: 53-7-204[; 15A-1-403; 15A-5-208]
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Ted Black at the above address, by phone at 801-284-6352, by FAX at , or by Internet E-mail at [email protected]; Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.