Public Safety, Fire Marshal

Rule R710-9

Rules Pursuant to the Utah Fire Prevention Law

Notice of Proposed Rule

(Amendment)

DAR File No.: 34836
Filed: 05/16/2011 09:56:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 05/10/2011, the Utah Fire Prevention Board met in a regularly scheduled Board meeting and voted by unanimous vote to make some amendments to Rule R710-9. The Board proposed to add the list of prohibited toy-like novelty lighters found on the State Fire Marshal website into the administrative rule. The Board also voted to made some corrections to the narrative in Subsection R710-9-1(1.3) of the rule.

Summary of the rule or change:

The Board proposed to amend the existing administrative rule as follows: 1) in Subsection R710-9-1(1.3), the Board proposes to add a section to the rule narrative and rearrange some of the narrative to place it in the order of occurrence; and 2) in Subsection R710-9-10(10.1), the Board proposes to add a new section that references the list of prohibited toy-like novelty lighters found on the State Fire Marshal website and makes them a part of the administrative rule.

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 or savings to the state budget because the proposed rule change does not affect the state budget in any way.

local governments:

There is no aggregate anticipated cost or savings to local government because the proposed rule changes do not impact local government in any form.

small businesses:

There is no aggregate anticipated cost or savings to small businesses because the proposed amendments in this rule are informative in nature and do not affect small businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no affect on persons due to the enactment of these proposed rule changes. The rule changes are informative in nature and do not affect other persons.

Compliance costs for affected persons:

There is no compliance cost for affected persons for the enactment of these proposed rule changes. These rule changes correct, clarify and inform rather than cost the affected person.

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 rules.

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 bhallada@utah.gov

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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Brent Halladay, State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-9. Rules Pursuant to the Utah Fire Prevention [Law]and Safety Act.

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 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, 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, 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, and [deputizing Special Deputy State Fire Marshals]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 R710-9-10, 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.

 

R710-9-10. 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-[10]11. Amendments and Additions.

The following amendments and additions are hereby adopted by the Board for application statewide:

[10]11.1 IFC, Chapter 9, Section 903.3.1.1 is amended by adding the following subsection: 903.3.1.1.2 Antifreeze Limitations. The use of antifreeze in automatic sprinkler systems in new construction in the dwelling unit portion of an occupancy, installed in accordance with NFPA 13, is allowed up to 20 heads. The number of sprinkler heads can be expanded as allowed by the AHJ. The mixture of the antifreeze shall be limited to a maximum concentration of 40% propylene glycol or 50% glycerin. The AHJ can allow the concentration of antifreeze to be increased due to temperature concerns.

[10]11.2 IFC, Chapter 9, Section 903.3.1.2 is amended by adding the following subsection: 903.3.1.2.2 Antifreeze Limitations. The use of antifreeze in automatic sprinkler systems in new construction in the dwelling unit portion of an occupancy, installed in accordance with NFPA 13R, is allowed up to 20 heads. The number of sprinkler heads can be expanded as allowed by the AHJ. The mixture of the antifreeze shall be limited to a maximum concentration of 40% propylene glycol or 50% glycerin. The AHJ can allow the concentration of antifreeze to be increased due to temperature concerns.

[10]11.3 IFC, Chapter 9, Section 903.3.1.3 is amended by adding the following subsection: 903.3.1.3.1 Antifreeze Limitations. The use of antifreeze in automatic sprinkler systems in new construction installed in accordance with NFPA 13D, is allowed up to 20 heads. The number of sprinkler heads can be expanded as allowed by the AHJ. The mixture of the antifreeze shall be limited to a maximum concentration of 40% propylene glycol or 50% glycerin. The AHJ can allow the concentration of antifreeze to be increased due to temperature concerns.

[10]11.4 IFC, Chapter 9, Section 903.5 is amended to add the following subsection: 903.5.1 Antifreeze Replacement. Whenever the automatic sprinkler system protecting residences and dwelling units of mixed occupancies that use antifreeze is drained, the replacement antifreeze shall be properly mixed and tested, but shall not exceed a maximum concentration of 40% propylene glycol or a maximum concentration of 50% glycerin. The AHJ can allow the concentration of antifreeze to be increased due to temperature concerns.

 

R710-9-[11]12. 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-[12]13. 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-[13]14. Adjudicative Proceedings.

[13]14.1 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.

[13]14.2 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.

[13]14.3 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.

[13]14.4 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.

[13]14.5 The Board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

[13]14.6 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.

[13]14.7 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.

[13]14.8 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: [January 9, 2011]July 8, 2011

Notice of Continuation: June 8, 2007

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