Public Safety, Fire Marshal

Rule R710-9

Rules Pursuant to the Utah Fire Prevention Law

Notice of Proposed Rule

(Amendment)

DAR File No.: 33836
Filed: 07/15/2010 01:08:49 PM

RULE ANALYSIS

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.

local governments:

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.

small businesses:

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
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:

08/31/2010

This rule may become effective on:

09/07/2010

Authorized by:

Ron Morris, Utah State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-9. Rules Pursuant to the Utah Fire Prevention Law.

R710-9-2. Definitions.

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.

2.3 "Committee" means the Firefighter Support Restricted Account Advisory Committee.

2.[3]4 "Division" means State Fire Marshal.

2.[4]5 "IFC" means International Fire Code.

2.[5]6 "LFA" means Local Fire Authority.

2.7 "Restricted Account" means Firefighter Support Restricted Account.

2.[6]8 "SFM" means State Fire Marshal or authorized deputy.

2.[7]9 "Sub-Committee" means Fire Prevention Board Budget Sub-Committee or Amendment Sub-Committee.

2.[8]10 "UCA" means Utah Code Annotated, 1953.

 

R710-9-9. Firefighter Support Restricted Account.

9.1 There is created by the Board a Firefighter Support Restricted Account Advisory Committee whose duties are to provide direction to the Division in the distribution of funds in the Restricted Account.

9.2 The Committee shall be appointed by the Division, approved by the Board, and shall consist of the following members:

9.2.1 Two representatives from the Utah State Firemen's Association.

9.2.2 Two representatives from the Utah State Fire Chiefs Association.

9.2.3 Two representatives from the Professional Firefighters of Utah.

9.2.4 One representative from the general public.

9.3 The Committee members shall serve for a term of three years, shall meet as directed by the Division, and a majority of members shall be present to constitute a quorum.

9.4 The Committee shall select one of it's members to act in the position of chair, the chair shall serve for a term of one year, and the chair shall be a voting member only in the event of a tie vote.

9.5 The Committee shall assist the Division in preparing application forms to be used to apply for distributions from the Restricted Account.

9.6 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 Restricted Account funds.

9.7 The Division shall distribute the Restricted Account funding to charitable organizations meeting the requirements listed in UCA 53-7-109(4), and to be expended for only the purposes allowed in accordance with UCA 53-7-109(5)(b).

9.8 In the event of a conflict in the distribution of the Restricted Account funds, an appeal for resolution shall be made to the Board. The Board shall be the final authority in the resolution of the conflict.

 

R710-9-[9]10. 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.

 

R710-9-[10]11. Validity.

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.

 

R710-9-[11]12. Adjudicative Proceedings.

[11]12.1 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]12.2 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 appeals.

[11]12.3 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]12.4 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]12.5 The Board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

[11]12.6 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 63G-4-203.

[11]12.7 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]12.8 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]September 7, 2010

Notice of Continuation: June 8, 2007

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