DAR File No. 40479
This rule was published in the July 1, 2016, issue (Vol. 2016, No. 13) of the Utah State Bulletin.
Public Safety, Fire Marshal
Concerns Servicing Portable Fire Extinguishers
Notice of Proposed Rule
DAR File No.: 40479
Filed: 06/09/2016 09:55:56 AM
Purpose of the rule or reason for the change:
The purpose of this amendment is to update the rule to include specifications included in the 2015 International Fire Code, and make formatting changes.
Summary of the rule or change:
The rule has been renumbered to meet the requirements of the Rulewriting Manual. The purpose of the rule has been restated to meet the requirements of the Rulewriting Manual. The authority of the rule has been restated to meet the requirements of the Rulewriting Manual. Redundant definitions have been removed. License renewal dates have been clarified. Other redundant and unnecessary information has been removed. This rule filing clarifies that required reports shall be in writing, adds online testing, clarifies that all electronic data devices are prohibited in testing centers, clarifies license renewal dates, removes the requirement of 25 questions for renewal exams, removes reference to fee amounts that are found in the State Fee Schedule, and outlines when addition fees will be charged. Exams will no longer be mailed to the certificate holder.
State statutory or constitutional authorization for this rule:
- Section 53-7-204
Anticipated cost or savings to:
the state budget:
There will not be an anticipated cost or savings to the state budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
There will not be an anticipated cost or savings to the local government because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
There will not be an anticipated cost or savings to the small businesses because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
persons other than small businesses, businesses, or local governmental entities:
There will not be an anticipated cost or savings to the persons other than small businesses, businesses or local government entities because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
Compliance costs for affected persons:
There will not be an anticipated compliance cost to persons because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed the amendment and found that this rule change will not have a fiscal impact on business.
Keith D. Squires, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Public Safety
Fire MarshalRoom 302
5272 S COLLEGE DR
MURRAY, UT 84123-2611
Direct questions regarding this rule to:
- Ted Black at the above address, by phone at 801-284-6352, by FAX at , or by Internet E-mail at firstname.lastname@example.org
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at email@example.com
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:
Coy Porter, State Fire Marshal
R710. Public Safety, Fire Marshal.
R710-1. Concerns Servicing Portable Fire Extinguishers.
, and Prohibitions.
Pursuant to Section 53-7-204, Utah Code Annotated 1953,
the Utah Fire Prevention Board adopts minimum rules to provide
regulation to those concerns that service Portable Fire
Extinguishers. There is adopted as part of these rules the following
code which is incorporated by reference: 1.1 National Fire Protection Association (NFPA), Standard
10, Standard for Portable Fire Extinguishers, 2007 edition,
except as amended by provisions listed in R710-1-8, et
seq. 1.2 A copy of the above mentioned standard is on file in
the Office of Administrative Rules and the State Fire Marshal's
1.3 Validity. If any section, subsection, sentence, clause, or phrase,
of these rules is, for any reason, held to be unconstitutional,
contrary to statute, or exceeding the authority of the SFM, such
decision shall not affect the validity of the remaining portion
of these rules. 1.4 Order of Precedence. In the event of any difference between these rules and any
adopted reference material, the text of these rules shall govern.
When a specific provision varies from a general provision, the
specific provision shall apply.]
2.1] "Annual" means a period of one year or 365
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, and may include, but shall not be limited to,
those persons who work on a contractual basis.
2.7] "License" means a written document issued by
the SFM authorizing a concern to engage in the business of
servicing portable fire extinguishers.
2.8] "NFPA" means National Fire Protection
2.9] "Repair" means any work performed on, or to,
any portable fire extinguisher, and not defined as charging,
recharging, or hydrostatic testing.
2.10 "SFM" means State Fire Marshal or authorized
deputy. 2.11 "UCA" means Utah State Code Annotated 1953
2.12] "USDOT" means the United States Department of
3.1] License Required.
No person or concern shall engage in the servicing of portable fire extinguishers without a license issued by the SFM, pursuant to these rules, expressly authorizing such concern to perform such acts.
3.2.1] Application for a license to engage in the business of,
or perform the servicing of portable fire extinguishers, shall be
made in writing to the SFM on forms provided by the SFM. A separate
application for license shall be made for each separate place or
business location of the applicant (branch office).
3.2.2] The application for a license to engage in the business
of, or perform the servicing of portable fire extinguishers, shall
be accompanied with proof of public liability insurance. The public
liability insurance shall be issued by a public liability insurance
carrier showing coverage of at least $100,000 for each incident,
and $300,000 in total coverage. The licensee shall notify the SFM
within thirty days after the public liability insurance coverage
required is no longer in effect for any reason.
3.3] Signature of Application.
The application shall be signed by the applicant. If the application is made by a partnership, it shall be signed by all partners. If the application is made by a corporation or association other than a partnership, it shall be signed by a principal officer.
3.4] Equipment Inspection.
The applicant or licensee shall allow the
SFM, and any of his properly authorized deputies to enter, examine,
and inspect any premise, building, room, establishment, or vehicle,
used by the applicant in servicing portable fire extinguishers to
determine compliance with the provisions of these rules. The
inspection will be conducted during normal business hours, and the
owner or manager will be given a minimum of 24 hour[
s] notice before the appointed inspection. The
equipment inspection may be conducted on an annual basis, and
consent to inspect will be obtained. The applicant, license holder
or certified employee of the license holder, may be asked during
the inspection by the SFM or any of his deputies, to demonstrate
skills or knowledge used in servicing of portable fire
Following receipt of the properly completed application, and compliance with the provision of the statute and these rules, the SFM shall issue a license.
3.6] Original License and Inspection.
Original licenses shall be valid for one year from the date of application. Thereafter, each license shall be renewed annually and renewals shall be valid for one year from issuance. No original license shall be issued until the satisfactory completion of a materials, equipment and performance inspection by the SFM.
3.7] Renewal License and Inspection.
Application for renewal shall be made as
directed by the SFM. The failure to renew the license will cause
the license to become invalid. No renewal license will be issued
until the satisfactory completion of a materials, equipment and
performance inspection by the SFM.[
Beginning March 4, 2003, through February 29,
[ r]enewal dates for licensed concerns will be based
upon the[ inspection]
valid for a one year period of time.[ Renewal license fees shall be prorated monthly, and monthly
fees already paid in that time period shall be credited towards the
renewal license fee. 3.8 Refusal to Renew. The SFM may refuse to renew any license in the same manner,
and for any reason, that he is authorized, pursuant to Section 9 of
these rules to deny a license. The applicant shall, upon such
refusal, have the same rights as are granted by Section 9 of these
rules to an applicant for an original license which has been denied
by the SFM.]
3.9] Change of Address.
Every licensee shall notify the SFM, in writing, within thirty (30) days, of any change of his address or location.
3.10] Under Another Name.
No licensee shall conduct his licensed business under a name other than the name or names which appears on his license.
3.11 List of Licensed Concerns. The SFM shall make available, upon request and without
cost, to the chief fire official of each local fire authority, the
name, address, and license number of each concern that is licensed
pursuant to these rules. Upon request, single copies of such list
shall be furnished, without cost, to a licensed
The holder of any license shall submit such license for inspection upon request of the SFM, or any of his properly authorized deputies, or any local fire official.
3.13] SFM Notification and Certification of Registration.
Every licensed concern shall, within
thirty (30) days of employment, and within thirty (30) days of
termination of any employee, report to the SFM
, the name, address, and certificate of
registration number, of every person performing any act of
servicing portable fire extinguishers for such licensed concern[
3.14.1] Every license shall be identified by type. The type of
license issued shall be determined on the basis of the act or acts
performed by the licensee or by any of the employees. Every
licensed concern shall be staffed by qualified personnel, and shall
be properly equipped to perform the act or acts for the type of
3.14.2] Licenses shall authorize any one, or any combination of
the following types of activities:
220.127.116.11] Type 1 - Conducting of all activities, as per (2), (3),
and (4) below, or
18.104.22.168] Type 2 - Conducting hydrostatic tests of fire
extinguisher cylinders using the water jacket or ultrasonic test
methods after receiving a Retesters Identification Number (RIN)
issued by the United States Department of Transportation (USDOT),
22.214.171.124] Type 3 - Conducting hydrostatic tests of fire
extinguisher cylinders using the proof pressure test method after
receiving a Retesters Identification Number (RIN) issued by the
United States Department of Transportation (USDOT), or
126.96.36.199] Type 4 - Servicing, inspecting, and maintaining all
types of extinguishers, excluding hydrostatic testing.
3.14.3] No licensed concern shall be prohibited from taking
orders for the performance of any act or acts for which the concern
has not been licensed to perform. Such orders shall be consigned to
another licensed concern that is authorized to perform such act or
Every person who performs any act or acts within the scope of the license shall pass an examination in accordance with the provisions of section 4 of these rules.
3.16] Duplicate License.
A duplicate license may be issued by the SFM to replace any previously issued license, which has been lost or destroyed, upon the submission of a written statement from the licensee to the SFM. Such statement shall attest to the fact that the license has been lost or destroyed.
3.17] Employer Responsibility.
Every concern shall be responsible for the acts of its employees insofar as such acts apply to the marketing, sale, distribution, and servicing of any portable fire extinguisher.
3.18] Minimum Age.
No license shall be issued to any person as licensee who is under eighteen (18) years of age.
3.19] Restrictive Use.
3.19.1] No license shall constitute authorization for any
licensee, or any of [ his ] employees, to enter upon, or into, any property or
building other than by consent of the owner or manager.
3.19.2] No license shall constitute authorization for any
licensee, or any of [ his ] employees, to enforce any provision, or provisions, of
this rule, or the International Fire Code.
No license issued pursuant to this section shall be transferred from one concern to another.
3.21] Registration Number.
3.21.1] Every license shall be identified by a number,
delineated as E-(number). Such number may be transferred from one
concern to another only when approved by the SFM.
3.22] Minimum Materials and Equipment Required.
At each business location or vehicle of the applicant where servicing work is performed the following minimum material and equipment requirements shall be maintained:
3.22.1] Type 4 license:
188.8.131.52] Nitrogen tank.
184.108.40.206] Nitrogen regulator and hose assembly.
220.127.116.11] Minimum of twelve (12) recharge adapters.
18.104.22.168] Valve cleaning brush.
22.214.171.124] Funnel for A:B:C.
126.96.36.199] Funnel for B:C.
188.8.131.52] A closed receptacle for dry chemical.
184.108.40.206] Fifty pound scale.
220.127.116.11] A scale for cartridges.
18.104.22.168] 'O' Ring lubricant.
22.214.171.124] Tag hole Punch.
126.96.36.199] Approved seals maximum [ fourteen (]14[ )] pound break strength.
188.8.131.52] A copy of NFPA Standard 10[ (1998]
Edition[ )], statute, and these rules.
184.108.40.206] Minimum parts:
220.127.116.11.1] A supply of O rings needed for standard service.
18.104.22.168.2] A supply of valve stems for standard service.
22.214.171.124.3] A supply of nozzles and hoses for standard
126.96.36.199.4] Pressure gauges for extinguisher types: 100, 150, 175,
195, 240 lbs.
188.8.131.52.5] Carry handles and replacement handles for
184.108.40.206.6] Rivets or steel roll pins for handles and levers.
220.127.116.11.7] Dry chemical cartridges as required by manufacture
specifications, to include 4 lb., 10 lb., 20 lb. and 30 lb.
18.104.22.168.8] Inspection light for cylinders.
22.214.171.124.9] A variety of pull pins to secure handle.
126.96.36.199.10] Carbon Dioxide continuity tester for hoses.
188.8.131.52.11] Halon closed recovery system.
3.22.2] Type 3 License:
184.108.40.206] Approved testing pump with a current calibration
certificate for the attached gauges.
220.127.116.11] Test cage or suitable safety barrier.
18.104.22.168] Approved hydro test labels.
22.214.171.124] Hydrostatic test adapters or approved equal.
126.96.36.199] Heater which produces a heated air or dry air for drying
cylinders, or other approved dryer not to exceed 150 degrees Far.
(66 degrees C).
3.22.3] Type 2 License:
Current registration number from the United States Department of Transportation (USDOT), verifying the concern as a qualified cylinder requalification facility under the provisions of the Code of Federal Regulations, 49 CFR, Section 173.34, shall be maintained for all concerns holding a type 1 or 2 license. A copy of the certification letter must be submitted to the SFM. All equipment required to perform the functions allowed as a qualified cylinder requalification facility, shall be maintained in good working order and available for inspection by the SFM.
3.22.4] Type 1 License:
All of the equipment, provisions, and numbers as required in License types 2, 3, and 4 shall be required for a Type 1 License.
Accurate records shall be maintained for
back ]by the licensee of all service work
performed. These records shall include the name and address of all
servicing locations, and the date and name of the person performing
the work. These records shall be made available to the SFM, or
authorized deputies, upon request.
. Certificates of Registration.
4.1] Required Certificates of Registration.
No person shall service any portable fire extinguisher without a certificate of registration issued by the SFM pursuant to these rules expressly authorizing such person to perform such acts. The provisions of this section apply to the state, universities, a county, city, district, public authority, and any other political subdivision or public corporation in this State.
The provisions of this section shall not apply to any person servicing any portable fire extinguisher owned by such person, when the portable fire extinguisher is not required by any statute, rule, or ordinance, to be provided or installed.
Application for a certificate of registration to service portable fire extinguishers shall be made in writing to the SFM on forms provided by him. The application shall be signed by the applicant.
The SFM shall require all applicants for a certificate of registration to take and pass a written examination, which may be supplemented by practical tests, when deemed necessary, to determine the applicant's knowledge of servicing portable fire extinguishers. Picture identification of the applicant for a certificate of registration may be requested by the SFM or his deputies. Examinations will be given according to the following schedule and requirements:
4.4.1] On the first and third Tuesdays of each month. When
holidays conflict with these days, the day immediately following
will be used. An appointment shall be made to take an examination
at least 24 hours in advance of the examination date.
4.4.2] Examinations may be given at various field locations
as deemed necessary by the SFM. Appointments
for field examinations are required.
4.4.3] All certification examinations given are open book
examinations. The applicant is allowed to use the statute, the
administrative rule, and the NFPA standard that applies to the
certification examination. Any other materials to include cellular
are prohibited in the examination
4.4.4] Completion of the certification examination will not be
allowed if it appears to the test administrator that the applicant
has not prepared to take the examination.
4.4.5] Each certification examination taken has a time limit of
two hours to completion. To successfully pass the written
examination, the applicant must obtain a minimum grade of seventy
percent (70%). Leaving the office or testing location before the
completion of the examination voids the examination and will
require the examination to be retaken by the applicant.
4.4.6] If there are different levels of proficiency in the
subject matter, the lower proficiency level will be fully completed
before the next higher proficiency will be administered.
Following receipt of the properly completed application, compliance with the provisions of these rules, and the successful completion of the required examination, the SFM shall issue a certificate of registration.
4.6] Original and Renewal Valid Date.
Original certificates of registration shall be valid for one year from the date of application. Thereafter, each certificate of registration shall be renewed annually and renewals shall be valid for one year from issuance. The holder of an invalid certificate of registration shall not perform any work on portable fire extinguishers.
4.7] Renewal Date.
Application for renewal shall be made as
directed by the SFM. The failure to renew will cause the
certificate of registration to become invalid. [
Beginning March 4, 2003 through February 29, 2004, renewal
dates for certification of registrations will be based upon the
license inspection date and valid for a one-year period of
time.] Renewal certificate of registrations shall be prorated
monthly, and monthly fees already paid in that time period shall be
credited towards the renewal fee.
Every holder of a valid certificate of registration shall take a re-examination every five years, from date of original certificate, to comply with the provisions of Section 4.4 of these rules as follows:
4.8.1] The re-examination to comply with the provisions of
Section 4.4 of these rules shall consist of one[ 25 question] open book examination,[ to be mailed to the certificate holder]
at least 60 days before the
4.8.2] The[ 25 question] re-examination will consist of
questions that focus on changes in the last five years to NFPA 10,
the statute, or the adopted administrative rules. The
re-examination may also consist of questions that focus on
practices of concern as noted by the Board or the SFM.
4.8.3] The certificate holder is responsible to complete the
re-examination[ and return it to the SFM] in sufficient time to
4.8.4] The certificate holder is responsible to return to the
SFM the correct renewal fees to complete that certificate
4.9] Refusal to Renew.
The SFM may refuse to renew any certificate of registration in the same manner and for any reason that he is authorized, pursuant to Section 10, to deny an original certificate of registration. The applicant shall, upon such refusal, have the same rights as are granted by Section 10 of these rules to an applicant for an original certificate of registration which has been denied by the SFM.
The holder of a certificate of registration shall submit such certificate for inspection, upon request of the SFM, any of his properly authorized deputies, or any local fire official.
4.11.1] Every certificate of registration shall indicate the
type of act or acts to be performed and for which the applicant has
4.11.2] No person holding a valid certificate of registration
shall be authorized to perform any act unless he is a licensee or
is employed by a licensed concern.
4.12] Change of Address.
Any change in home address of any holder of a valid certificate of registration shall be reported in writing, by the registered person to the SFM within thirty (30) days of such change. Such change shall also be made on the reverse side of the certificate of registration by the holder.
A duplicate certificate of registration may be issued by the SFM to replace any previously issued certificate which has been lost or destroyed upon the submission of a written statement to the SFM from the certified person. Such statement shall attest to the certificate having been lost or destroyed.
4.14] Minimum Age.
No certificate of registration shall be issued to any person who is under 18 years of age.
4.15] Restrictive Use.
4.15.1] A certificate of registration may be used for
identification purposes only as long as such certificate remains
valid and while the holder is employed by a licensed concern.
4.15.2] Regardless of the acts authorized to be performed by a
licensed concern, only those acts for which the applicant for a
certificate of registration has qualified shall be permissible by
4.16] Right to Contest.
4.16.1] Every person who takes an examination for a certificate
of registration shall have the right to contest the validity of
individual questions of such examination.
4.16.2] Every contention as to the validity of individual
questions of an examination shall be made in writing within 48
hours after taking said examination. Contentions shall state the
reason for the objection.
4.16.3] The decision as to the action to be taken on the
submitted contention shall be by the SFM, and such decision shall
4.16.4] The decision made by the SFM, and the action taken,
shall be reflected in all future examinations, but shall not affect
the grades established in any past examination.
Certificates of Registration shall not be transferable. Individual certificates of registration shall be carried by the person to whom issued.
4.18] New Employees.
New employees of a licensed concern may perform the various acts while under the direct supervision of persons holding a valid certificate of registration for a period not to exceed forty-five (45) days from the initial date of employment. By the end of such period, new employees shall have taken and passed the required examination.
4.19] Certificate Identification.
Every certificate shall be identified by a number, delineated as EE-(number). Such number shall not be transferred from one person to another.
. Seal of Registration.
The official seal of registration of the SFM shall consist of the following:
5.1.1] The image of the State of Utah shall be in the center
with an outer ring stating, "Utah State Fire
188.8.131.52] The top portion of the outer ring shall have the wording
184.108.40.206] The Bottom portion of the outer ring shall have the
wording "Fire Marshal".
5.1.2] Appending above the top portion and in a centered
position, shall be a box provided for displaying the type of
5.1.3] Appending below the bottom portion and in a centered
position, shall be a box provided for the displaying of the license
number assigned to the concern.
5.2] Use of Seal.
No person or concern shall produce, reproduce, or use this seal in any manner or for any purpose except as herein provided.
5.3] Permissive Use.
Licensed concerns shall use the Seal of Registration on every service tag conforming to section 10.
5.4] Cease Use Order.
No person or concern shall continue the use of the Seal of Registration in any manner or for any purpose after receipt of a notice in writing from the SFM to that effect, or upon the suspension or revocation of the concern's license.
Every reproduction of the Seal of Registration and every letter and number placed thereon, shall be of sufficient size to render such seal, letter, and number distinct and clearly legible.
. Service Tags.
6.1] Size and Color.
Tags shall be not more than five and
(5-1/2")] in height, nor less than four and
one-half inches[ (4-1/2")] in height, and not more than three
inches[ (3")] in width, nor less than two and
one-half inches[ (2-1/2")] in width.
6.2] Attaching Tag.
One service tag shall be attached to each portable fire extinguisher in such a position as to be conveniently inspected.
6.3] Tag Information.
6.3.1] Service tags shall bear the following information:
220.127.116.11] Provisions of Section 6.7.
18.104.22.168] Type of license.
22.214.171.124] Approved Seal of Registration of the SFM.
126.96.36.199] License registration "E" number.
188.8.131.52] Certificate of registration "EE" number of
individual who performed or supervised the service or services
184.108.40.206] Signature of individual whose certificate of
registration number appears on the tag.
220.127.116.11] Concern's name.
18.104.22.168] Concern's address.
22.214.171.124] Type of service performed.
126.96.36.199] Type of extinguisher serviced.
188.8.131.52] Date service is performed.
6.3.2] The above information shall appear on one side of the
service tag. All other desired printing or information shall be
placed on the reverse side of the tag.
6.4.1] The certificate of registration number required in
Section [ 6].3(5), and the signature required in Section [ 6].3(6), shall be printed or written distinctly.
6.4.2] All information pertaining to date, type of servicing,
and type of extinguisher serviced shall be indicated on the card by
perforations in the appropriate space provided. Each perforation
shall clearly indicate the desired information.
Subject to the use requirements of Section 6.4, the following format shall be used for all service tags:
EXAMPLE OF SERVICE TAG
Exception: Service tags may be printed or
otherwise established for any number of years not in excess of five
(5) ]years. ILLUSTRATION ON FILE IN STATE FIRE
6.6] New Tag.
A new service tag shall be attached to the extinguisher each time a service is performed.
6.7] Tag Wording.
The following wording shall be placed at the top or reinforced ring end of every tag: "DO NOT REMOVE, BY ORDER OF THE STATE FIRE MARSHAL".
No person or persons shall remove a service tag, hydrostatic test tag or label, 6 year maintenance service tag or label, or verification of service collar, except when further service is performed. At that time the expired tag, label or collar shall be removed and a new tag, label or collar shall replace the expired one. No person or persons shall deface, modify, or alter any service tag, hydrostatic test tag or label, 6 year maintenance service tag or label, or verification of service collar that is required to be attached to any portable fire extinguisher.
6.9] Restrictive Use.
6.9.1] Portable fire extinguishers which do not conform with
the minimum rules, shall be permanently removed from service, and
shall not be tagged.
6.9.2] Any extinguisher which fails a hydrostatic test shall be
condemned, and so stamped or etched into the cylinder or shell.
6.9.3] Extinguishers, other than one which has failed a
hydrostatic test, may be provided with a tag stating the
extinguisher is "Condemned" or "Rejected". Such
tags shall be red in color, and shall be not less, in size, than
that of an approved service tag.
6.9.4] Service tags shall only be placed on portable fire
extinguishers and wheeled units as allowed in these rules.
. Portable Fire Extinguisher Rated Classification Labels.
7.1] Use of Label.
Any label bearing the rated classification and listing shall not be placed upon any extinguisher unless specifically authorized by the manufacturer. Any extinguisher, other than carbon dioxide, without this manufacturer's label shall not be serviced.
7.2] Labels Prohibited.
Company labels or advertisement stickers other than those required herein shall not be affixed to fire extinguishers.
. Amendments and Additions.
8.1] Restricted Service.
Any extinguisher requiring a hydrostatic test as required, shall not be serviced until such extinguisher has been subjected to, and passed the required hydrostatic test.
At the time of installation, and at each annual inspection, all servicing shall be done in accordance with the manufacturer's instructions, adopted statutes, and these rules. Extinguishers shall be placed in an operable condition, free from defects which may cause malfunctions. Nozzles and hoses shall be free of obstructions or substances which may cause an obstruction.
8.3] Seals or Tamper Indicator.
Seals or tamper indicators shall be constructed of approved plastic or non-ferrous wire which can be easily broken, and so arranged that removal cannot be accomplished without breakage. Such seals or tamper indicators shall be used to retain the locking pin in a locked position. Seals or tamper indicators shall be removed annually to ensure that the pull pin is free.
8.4] New Extinguishers
A new extinguisher that has the date of manufacture printed on the label by the manufacturer, or date of manufacture stamped on the extinguisher by the manufacturer, does not require a service tag attached to the extinguisher until one year after the date of manufacture.
8.5] Those existing sodium or potassium bicarbonate
dry-chemical portable fire extinguishers, having a minimum rating
of 40-B, and specifically placed for protection of commercial food
heat-processing equipment, may remain in the kitchen to be used for
other applications, except the protection of commercial food
heat-processing equipment using vegetable or animal oils or fat
. Adjudicative Proceedings.
9.1] All adjudicative proceedings performed by the agency
shall proceed informally as authorized by UCA, Sections 63G-4-202
9.2] The issuance, renewal, or continued validity of a
license or certificate of registration may be denied, suspended, or
revoked, if the SFM finds that the applicant, person employed for,
or the person having authority and management of a concern
servicing portable fire extinguishers commits any of the following
9.2.1] The person or applicant is not the real person in
9.2.2] The person or applicant provides material
misrepresentation or false statement on the application.
9.2.3] The person or applicant refuses to allow inspection by
the SFM, or his duly authorized deputies.
9.2.4] The person or applicant for a license or certificate of
registration does not have the proper facilities and equipment to
conduct the operations for which application is made.
9.2.5] The person or applicant for a certificate of
registration does not possess the qualifications of skill or
competence to conduct the operations for which application is made,
as evidenced by failure to pass the examination and/or practical
tests pursuant to Section 4.15 of these rules.
9.2.6] The person or applicant fails to place a verification of
service collar when required on the valve assembly of any fire
extinguisher when the following occurs:
184.108.40.206] required maintenance.
9.2.7] The person or applicant refuses to take the examination
required by Section [ 4].3 and Section [ 3].14 of these rules.
9.2.8] The person or applicant has been convicted of one or
more federal, state or local laws.
9.2.9] The person or applicant has been convicted of a
violation of the adopted rules or been found by a Board
administrative proceeding to have violated the adopted rules.
9.2.10] Any offense or finding of unlawful conduct, or there is
or may be, a threat to the public's health or safety if the
applicant or person were granted a license or certificate of
9.2.11] There are other factors upon which a reasonable and
prudent person would rely to determine the suitability of the
applicant or person to safely and competently engage in the
practice of servicing portable fire extinguishers.
9.3] A person whose license or certificate of registration is
suspended or revoked by the SFM shall have an opportunity for a
hearing before the Board if requested by that person within 20 days
after receiving notice.
9.4] All adjudicative proceedings, other than criminal
prosecution, taken by the SFM to enforce the Utah Fire Prevention
and Safety Act, and these rules, shall commence in accordance with
UCA, Section 63G-4-201.
9.5] The Board shall act as the hearing authority, and shall
convene after timely notice to all parties involved. The Board
shall be the final authority on the suspension or revocation of a
license or certificate of registration.
9.6] 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
9.7] Reconsideration of the Board decision may be requested
in writing within 20 days of the date of the decision pursuant to
UCA, Section 63G-4-302.
9.8] After a period of three years from the date of
revocation, the Board shall review the submitted written
application of a person whose license or certificate of
registration has been revoked. After timely notice to all parties
involved, the Board shall convene to review the revoked persons
application, and that person shall be allowed to present themselves
and their case before the Board. After the hearing, the Board shall
direct the SFM to allow the person to complete the licensing or
certification process or shall direct that the revocation be
9.9] Judicial review of all final Board actions resulting
from informal adjudicative proceedings shall be conducted pursuant
to UCA, Section 63G-4-402.
10.1 Fee Schedule. 10.1.1 Licenses and Certificates of Registration (new and
renewals): 10.1.1.1 License (any type) . . . . . . . . . . .
$300.00 10.1.1.2 Branch office license . . . . . . . . . .
150.00 10.1.1.3 Certificate of registration . . . . . . . .
40.00 10.1.1.4 Duplicate . . . . . . . . . . . . . . . . .
40.00 10.1.1.5 License Transfer . . . . . . . . . . . . .
50.00 10.1.1.6 Application for exemption . . . . . . . .
150.00 10.1.2 Examinations: 10.1.2.1 Initial examination. . . . . . . . . . . .
30.00 10.1.2.2 Re-examination . . . . . . . . . . . . . .
30.00 10.1.2.3 Five year examination. . . . . . . . . . .
10.2] Payment of Fees.
The required fee shall accompany the application for license or certificate of registration. License or certificate of registration fees will be refunded if the application is denied.
10.3] Late Renewal Fees.
10.3.1] Any license or certificate of registration not renewed
before[ January 1st]
will be subject to an additional fee equal to 10% of the[ required inspection] fee.
10.3.2] When a certificate of registration has expired for more
than one year, an application shall be made for an original
certificate as if the application was being made for the first
time. Examinations will be re-taken with initial examination
KEY: fire prevention, extinguishers
Date of Enactment or Last Substantive Amendment: [
May 23, 2008]
Notice of Continuation: May 15, 2012
Authorizing, and Implemented or Interpreted Law: 53-7-204
More information about a Notice of Proposed Rule is available online.
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/2016/b20160701.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 ([
example]). Text to be added is underlined (). 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 Ted Black at the above address, by phone at 801-284-6352, by FAX at , or by Internet E-mail at firstname.lastname@example.org; Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.