Public Safety, Fire Marshal

Section R710-7-2

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 36188
Filed: 05/15/2012 09:37:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met on 05/08/2012, in a regularly scheduled Board meeting and adopted by motion and vote to amend Subsection R710-7-2(2.12) to redefine the definition of "Service". This action was with regard to the concern of the Kitchen/Exhaust Inspection and Cleaning Industry that the fire suppression system is adequately maintained during and after cleaning.

Summary of the rule or change:

A summary of the rule amendment is as follows: in Subsection R710-7-2(2.12), the Board proposes to modify the definition of the term "Service". There was a concern of the industry that while cleaning and servicing the fire suppression hood system, during the maintenance and after the system was cleaned, the system would be properly maintained and able to function appropriately.

State statutory or constitutional authorization for this rule:

• Section 53-7-204

Anticipated cost or savings to:

the state budget:

There would be no aggregate anticipated cost or savings to the state budget because any increase of time to complete certification would be completed by existing staff with no additional cost.

local governments:

There would be no aggregate anticipated cost or savings to local government as this has no impact or bearing on local government functions.

small businesses:

There would be an aggregate cost to small businesses of $300 per business for the license and $40 for each individual certification. If the company was already licensed and certified to do portable fire extinguishers, the above costs would then be $150 for the license and $10 for the certifications. It is impossible to make an informed competent aggregate estimate due to the unknown number of licenses which could be purchased and the unknown number of individual employees each business would want to become certified.

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

There would be an aggregate cost to an individual of $300 for the license and $40 for their own certification. If the individual was already licensed and certified to do portable fire extinguishers, the above costs would then be $150 for the license and $10 for the certifications.

Compliance costs for affected persons:

There is a cost for certification of individuals in the amount of $40. If an individual is currently certified to service portable fire extinguishers, then the cost is reduced to $10.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be a $150 to $300 charge for licensing businesses and a $10 to $40 fee for individual certification. The Kitchen/Exhaust Inspection and Cleaning Industry requested that the rule be amended to assist them with the National Fire Protection Association (NFPA) adopted requirement that they be certified to work on and/or clean automatic fire suppression hood systems.

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 MarshalRoom 302
5272 S COLLEGE DR
MURRAY, UT 84123-2611

Direct questions regarding this rule to:

• Coy Porter at the above address, by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at coyporter@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:

07/02/2012

This rule may become effective on:

07/09/2012

Authorized by:

Brent Halladay, State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-7. Concerns Servicing Automatic Fire Suppression Systems.

R710-7-2. Definitions.

2.1 "Annual" means a period of one year or 365 days.

2.2 "Board" means Utah Fire Prevention Board.

2.3 "Branch Office" means any location, other than the primary business location, where business license, telephone, advertising and servicing equipment is utilized.

2.4 "Certificates of Registration" means a written document issued by the SFM to any person for the purpose of granting permission to such person to perform any act or acts for which authorization is required.

2.5 "Concern" means a person, firm, corporation, partnership, or association, licensed by the SFM.

2.6 "Employee" means those persons who work for a licensed concern which may include but are not limited to assigned agents and others who work on a contractual basis with a licensee using service tags of the licensed concern.

2.7 "Hydrostatic Test" means subjecting any cylinders requiring periodic pressure testing procedures specified in these rules.

2.8 "Inspection Authority" means the local fire authority, or the SFM, and their authorized representatives.

2.9 "License" means a written document issued by the SFM authorizing a concern to engage in the business of servicing automatic fire suppression systems.

2.10 "N.F.P.A." means National Fire Protection Association.

2.11 "Recognized Testing Laboratory" means a State Fire Marshal list of acceptable labs.

2.12 "Service" means a complete [check]inspection of an automatic fire suppression system [which includes the required service procedures set forth by a manufacturer of an approved system or the minimum service requirements as provided]to include maintenance, repair, modification, testing, or cleaning, as set forth in the adopted N.F.P.A. standards.

2.13 "System" means an Automatic Fire Suppression System.

2.14 "SFM" means Utah State Fire Marshal or authorized deputy.

2.15 "UCA" means Utah State Code Annotated, 1953 as amended.

 

KEY: fire prevention, systems

Date of Enactment or Last Substantive Amendment: [May 23, 2008]July 9, 2012

Notice of Continuation: May 31, 2007

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