File No. 33836
This rule was published in the August 1, 2010, issue (Vol. 2010, No. 15) of the Utah State Bulletin.
Public Safety, Fire Marshal
Rules Pursuant to the Utah Fire Prevention Law
Notice of Proposed Rule
DAR File No.: 33836
Filed: 07/15/2010 01:08:49 PM
Purpose of the rule or reason for the change:
On 07/13/2010, the Utah Fire Prevention Board met in a regularly scheduled Board meeting and voted to amend Rule R710-9 by adding a new section with regard to the Firefighter Support Restricted Account.
Summary of the rule or change:
Section R710-9-9, Firefighter Support Restricted Account, is added. In Subsection R710-9-9(9.1), the Board proposes to create a Firefighter Support Restricted Account Advisory Committee whose duties are to provide direction to the State Fire Marshal in the distribution of firefighter license plate funding in the restricted account. In Subsections R710-9-9(9.2) through (9.5), the Board establishes the advisory committees members, terms, appointment of a chairman, etc. In Subsections R710-9-9(9.6) through (9.8), the Board proposes to establish how the funding will be distributed, to whom it will go to, and if there is a conflict, how it will be resolved.
State statutory or constitutional authorization for this rule:
- Section 53-7-109
Anticipated cost or savings to:
the state budget:
There is no aggregate anticipated cost or savings to the state budget because the creation of this committee will not impact the states budget.
There could be an aggregate anticipated cost to local government if a local government official was appointed to be a committee member. The effect would be approximately two meetings per year per committee member in the Salt Lake valley.
There is no aggregate anticipated cost or savings to small businesses because it does not affect small businesses in any form.
persons other than small businesses, businesses, or local governmental entities:
There could be an aggregate anticipated cost to other persons if the one committee member was from the general public. It would involve approximately two meetings per year in the Salt Lake City area.
Compliance costs for affected persons:
There is no compliance cost for affected persons due to the formation of an advisory committee.
Comments by the department head on the fiscal impact the rule may have on businesses:
There is no fiscal impact on businesses for the passage of these proposed amendments which creates an advisory committee.
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
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 firstname.lastname@example.org
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:
This rule may become effective on:
Ron Morris, Utah State Fire Marshal
R710. Public Safety, Fire Marshal.
R710-9. Rules Pursuant to the Utah Fire Prevention Law.
2.1 "Authority Having Jurisdiction (AHJ)" means the State Fire Marshal, his authorized deputies, or the local fire enforcement authority.
2.2 "Board" means Utah Fire Prevention Board.
3] "Division" means State Fire Marshal.
4] "IFC" means International Fire Code.
5] "LFA" means Local Fire Authority.
6] "SFM" means State Fire Marshal or authorized
7] "Sub-Committee" means Fire Prevention Board
Budget Sub-Committee or Amendment Sub-Committee.
8] "UCA" means Utah Code Annotated, 1953.
9]. Repeal of Conflicting Board Actions.
All former Board actions, or parts thereof, conflicting or inconsistent with the provisions of this Board action or of the codes hereby adopted, are hereby repealed.
The Utah Fire Prevention Board hereby declares that should any section, paragraph, sentence, or word of this 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.
11]. Adjudicative Proceedings.
11].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.
11].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 Board to act as the board of
11].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 Board within 20 days after receiving final decision.
11].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.
11].5 The Board shall act as the hearing authority, and shall
convene as an appeals board after timely notice to all parties
11].6 The Board shall direct the SFM to issue a signed order
to the parties involved giving the decision of the Board within a
reasonable time of the hearing pursuant to UCA, Section
11].7 Reconsideration of the Board's decision may be
requested in writing within 20 days of the date of the decision
pursuant to UCA, Section 63G-4-302.
11].8 Judicial review of all final 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: [
July 1, 2010]
Notice of Continuation: June 8, 2007
Authorizing, and Implemented or Interpreted Law: 53-7-204
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/2010/b20100801.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 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@example.com.