File No. 34242
This rule was published in the December 1, 2010, issue (Vol. 2010, No. 23) of the Utah State Bulletin.
Public Safety, Fire Marshal
Rules Pursuant to the Utah Fire Prevention Law
Notice of Proposed Rule
DAR File No.: 34242
Filed: 11/15/2010 04:31:46 PM
Purpose of the rule or reason for the change:
The Utah Fire Prevention Board met on 11/09/2010 in a regularly scheduled Board meeting and agreed by unanimous vote to enact rule amendments that would restrict fire sprinkler antifreeze systems to 20 head limits in dwellings and residences, add a definition, and return the 2009 International Fire Code back to the administrative rule as an incorporated reference. The Board, after research from staff and input from a number of sprinkler companies, concluded that the allowance of 20 antifreeze sprinkler heads would lessen the possibility of the antifreeze igniting and causing serious injuries. The Board concluded that since the allowance of 20 loop segments had been used from the 1940s to 1991 with no problems, there would be the ability to continue some use of antifreeze loops in dwellings but not remain unlimited in size as is now allowed.
Summary of the rule or change:
The summary of the rule amendments are as follow: 1) in Subsection R710-9-1(1.4), the Board proposes to adopt as an incorporated reference the 2009 International Fire Code as adopted and amended by the Utah State Legislature; 2) in Subsection R710-9-2(2.4), the Board proposes to adopt the definition of Dwelling Unit to assist in defining what a dwelling consists of; 3) in Subsections R710-9-10(10.1) through (10.3), the Board proposes to allow up to 20 antifreeze fire sprinkler heads in the dwelling unit portion of systems built under NFPA 13, NFPA 13 R, and NFPA 13D, and allow the authority having jurisdiction (AHJ) the ability to increase the number of heads, and allow the AHJ the ability to increase the percentages of antifreeze in the system for temperature needs; and 4) in Subsection R710-9-10(10.4), the Board proposes to require that existing antifreeze sprinkler systems that are drained be refilled with certain percentages of antifreeze, except that the AHJ can increase the percentages for temperature concerns. (DAR NOTE: A corresponding 120-day (emergency) rule is under DAR No. 34238 in this issue, December 1, 2010, of the Bulletin and was effective as of 11/15/2010.)
State statutory or constitutional authorization for this rule:
- Subsection 53-7-106(5)
- Section 53-7-204
This rule or change incorporates by reference the following material:
- Adds International Fire Code, published by International Code Council, 03/01/2009
Anticipated cost or savings to:
the state budget:
There would be no aggregate anticipated cost or savings to the state budget because these amendments do not affect the activities of the state.
There would be no aggregate anticipated cost or savings to local government because these amendments do not affect the activities of local government.
There would be an aggregate anticipated cost to small businesses of approximately $50 per fire sprinkler head to install fire sprinkler systems in dwellings and residences. The 25% increase per head would be to redesign the fire sprinkler system so that the usage of antifreeze is greatly reduced or a dry or preaction system would be installed. A total aggregate amount of increase for an average home would be approximately $1,000.
persons other than small businesses, businesses, or local governmental entities:
There would be an aggregate anticipated cost to persons other than small businesses of approximately $50 per fire sprinkler head to install fire sprinkler systems in residences. The 25% increase per head would be to redesign the fire sprinkler system so that the usage of antifreeze is restricted to 20 heads or a dry or preaction system would be installed in the areas of the residence where it would freeze. A total aggregate amount of increase for an average home would be approximately $1,000 on a fire sprinkler system that usually would have approximately 20 heads.
Compliance costs for affected persons:
The compliance cost for affected persons would be an approximate $50 increase per fire sprinkler head to redesign the automatic fire sprinkler system that would limit the usage of antifreeze to 20 heads and prevent freezing of the lines which would increase the cost to install an automatic fire sprinkler system about 25% more than it currently costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
There would be an approximate increase of 25% in the installation of automatic fire sprinkler systems in the State of Utah. The continued use of large unlimited antifreeze systems in automatic fire sprinkler systems has now proven to be a life threatening hazard to the occupants of the dwelling. Under specific conditions, when the automatic fire sprinkler system opens, the fire can ignite the antifreeze and cause a spraying type fire for a very short period of time. Even with the 25% increase in installation costs, and now limiting the antifreeze heads to 20, this amendment needs to be enacted to prevent the burning injuries or death caused in this very rare situation.
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.
R710-9-1. Title, Authority, and Adoption of Codes.
1.1 These rules shall be known as the "Rules Pursuant to the Utah Fire Prevention Law", 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, Utah Code Annotated 1953, as amended.
1.3 These rules are adopted by the Utah Fire Prevention Board to provide minimum rules for safeguarding life and property from the hazards of fire and explosion, for board meeting conduct, procedures to amend incorporated references, establishing board subcommittees, enforcement of the rules of the State Fire Marshal, and deputizing Special Deputy State Fire Marshals.
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.
4] "Division" means State Fire Marshal.
5] "IFC" means International Fire Code.
6] "LFA" means Local Fire Authority.
7] "Restricted Account" means Firefighter Support
8] "SFM" means State Fire Marshal or authorized
9] "Sub-Committee" means Fire Prevention Board
Budget Sub-Committee or Amendment Sub-Committee.
10] "UCA" means Utah Code Annotated, 1953.
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.
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.
12]. Adjudicative Proceedings.
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.
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
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.
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.
12].5 The Board shall act as the hearing authority, and shall
convene as an appeals board after timely notice to all parties
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
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.
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: [
September 7, 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/b20101201.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.
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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.