DAR File No. 40520
This rule was published in the July 15, 2016, issue (Vol. 2016, No. 14) of the Utah State Bulletin.
Public Safety, Fire Marshal
Rule R710-12
Hazardous Materials Training and Certification
Notice of Proposed Rule
(Amendment)
DAR File No.: 40520
Filed: 06/16/2016 10:22:10 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to reformat the rule to meet the requirements of the Rulewriting Manual, to delete redundant sections, and to make other minor corrections.
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. This amendment removes adoption from the purpose statement, creates a new section for adoption, and removes redundant definitions. This amendment also replaces Hazardous Materials Institute with State Fire Marshal's office, corrects certification authority by removing Institute of Emergency Services and Homeland Security, and removes reference to fee amounts that are found in the State Fee Schedule.
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 formatting and other minor changes.
local governments:
There will not be an anticipated cost or savings to local budgets because the changes made to the rule are specific to formatting and other minor changes.
small businesses:
There will not be an anticipated cost or savings to small businesses' budgets because the changes made to the rule are specific to formatting and other minor changes.
persons other than small businesses, businesses, or local governmental entities:
There will not be an anticipated cost or savings to persons' budgets because the changes made to the rule are specific to formatting and other minor changes.
Compliance costs for affected persons:
There will not be an anticipated cost or savings because the changes made to the rule are specific to formatting and other minor changes.
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 SafetyFire 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 tblack@utah.gov
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@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:
08/15/2016
This rule may become effective on:
08/22/2016
Authorized by:
Coy Porter, State Fire Marshal
RULE TEXT
R710. Public Safety, Fire Marshal.
R710-12. Hazardous Materials Training and Certification.
R710-12-1. [
Adoption, Title,
]Purpose[
, and Prohibitions
].
[Pursuant to Section 53-7-204, Utah Code Annotated 1953, the
Utah Fire Prevention Board adopts ]The purpose of this rule is to establish minimum rules
establishing ongoing training standards for hazardous materials
emergency response agencies. The Board also adopts minimum rules
for certification for persons who provide hazardous materials
emergency response services.
[There is adopted as part of these rules the following codes
which are incorporated by reference:
1.1 National Fire Protection Association (NFPA), Standard
472, Standard for Competence of Responders to Hazardous
Materials/Weapons of Mass Destruction Incidents, 2008 edition,
except as amended by provisions listed in R710-12, 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
Office.]
R710-12-2. Authority.
This rule is authorized by Section 53-7-204.
R710-12-3. Adoption.
There is adopted as part of these rules the National Fire Protection Association (NFPA), Standard 472, Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents, 2008 edition, except as amended by provisions as outlined in this rule.
R710-12-[2]4
. Definitions.
[2.1](1) "AHJ" means Authority Having Jurisdiction.
[2.2](2) "Board" means Utah Fire Prevention Board.
[2.3](3) "Certificate" means a written document issued
by the Institute of Emergency Services and Homeland Security
through the Utah Fire Service Certification System, to any person
for the purpose of granting permission to such person to perform
any act or acts for which authorization is required.
[2.4](4) "Council" means Hazardous Materials Advisory
Council.
[2.5](5) "Emergency response agencies" means those
agencies that are created and under the control of local, state or
federal government or regional inter-governmental agencies to
provide emergency response for hazardous materials.
[2.6](6) "Hazardous Material" means a substance that
can be solid, liquid or gas, that when released is capable of
creating harm to people, the environment and property and includes
weapons of mass destruction as well as illicit labs, environmental
crimes, and industrial sabotage.
[2.7](7) "Emergency Response Services" means providing
or coordinating on-site protective or offensive actions to reduce
the risk of harm to people, the environment and property during the
initial, time-critical phase of a hazardous materials/WMD
incident.
[2.8](8) "Institute of Emergency Services and Homeland
Security" means a college entity of Utah Valley University of
that same name.
[2.9](9) "NFPA" means National Fire Protection
Association.
[2.10](10) "SFM" means State Fire Marshal or authorized
deputy.
[2.11 "UCA" means Utah State Code Annotated 1953
as amended.
2.12](11) "Utah Fire Service Certification System"
means the system approved by the Board to provide certification to
those emergency personnel certifying in hazardous materials.
R710-12-[3]5
. Hazardous Materials Advisory Council.
[3.1](1) There is created by the [B]board, the Hazardous Materials Advisory Council, whose
duties are to provide direction to the [B]board in matters relating to training and certification
standards for hazardous materials emergency responders and
emergency response agencies.
[3.2](2) The [C]council's members shall be appointed by the [B]board, shall serve four year terms, and shall consist of the
following members:
[3.2.1](a)
a [R]representative from the career fire service[.];
[3.2.2](b)
a [R]representative from the volunteer fire service[.];
[3.2.3](c)
a [R]representative from the Department of Environmental Quality[.];
[3.2.4](d)
a [R]representative from the Department of Transportation[.];
[3.2.5](e)
a [R]representative from law enforcement[.];
[3.2.6](f)
a [R]representative from the Fire and Rescue Academy[.];
[3.2.7](g)
a [R]representative from the [Hazardous Materials Institute]State Fire Marshal office[.];
[3.2.8](h)
a [R]representative from the National Guard[.];
[3.2.9](j)
a [R]representative from a Local Emergency Planning Committee[(LEPC).]; and
[3.2.10](k)
a [R]representative from private industry.
[3.3](3) The [C]council shall meet quarterly or as directed, and a majority
of the members shall be present to constitute a quorum.
[3.4](4) The [C]council shall select one of its members to act in the
position of chair, and another member to act as vice chair.
(a) The chair and vice chair shall serve one year terms on a calendar year basis.
(b) Elections for chair and vice chair shall occur at the meeting conducted in the last quarter of each calendar year.
(c) If voted upon by the council, the vice chair will become the chair the next succeeding calendar year.
[3.5](5) If a [C]council member has two or more unexcused absences during a
12 month period, from regularly scheduled meetings, it is
considered grounds for dismissal pending review by the [B]board. The Coordinator shall submit the name of the member
to the [B]board for status review.
[3.6](6) A member of the [C]council that cannot be in attendance, may have a
representative of their respective organization attend and vote by
proxy for that member or the member may have another council member
vote by proxy, if submitted and approved by the [C]coordinator prior to the meeting.
[3.7](7) The [C]chair or [V]vice [C]chair of the [C]council shall report to the [B]board the activities of the council at regularly scheduled [B]board meetings. The [C]coordinator may report to the [B]board the activities of the council in the absence of the [C]chair or [V]vice [C]chair.
[3.8](8) The [C]council shall consider all subjects presented to them,
subjects assigned to them by the [B]board, and shall report their recommendations to the [B]board at regularly scheduled [B]board meetings.
[3.9](9) One-half of the members of the [C]council shall be reappointed or replaced by the [B]board every two years.
R710-12-[4]6
. Training.
[4.1](1) Instruction materials designed for statewide use that
will teach minimum core competencies for those persons certifying
to provide response services regarding hazardous material
emergencies shall be approved by the [C]council and accepted by the Utah Fire Service Certification
Council.
[4.2](2) Written examinations, practical or actual
demonstrations, and any other required testing given for core
competency, for those persons certifying to provide response
services regarding hazardous material emergencies statewide, shall
be approved by the [C]council and accepted by the Utah Fire Service Certification
Council.
R710-12-[5]7
. Certificates.
[5.1](1) [Required Certificates. ]No person shall provide
hazardous materials services as a member of an emergency response
agency without first receiving[a certificate issued by the Institute of Emergency Services
and Homeland Security or] a certification issued by the
Utah Fire Service Certification Council.
[5.2](2) [Application.
5.2.1 ]To be certified in hazardous material
response, a request for certification shall be made in writing to
the Utah Fire Service Certification System.
[5.2.2](a) The applicant shall indicate which of the five
certification levels the applicant will apply for:
[5.2.2.1](i) Awareness Level
;
[5.2.2.2](ii) Operations Level Responder
;
[5.2.2.3](iii) Hazardous Materials Technician
;
[5.2.2.4](iv) Hazardous Materials Officer
; or
[5.2.2.5](v) Hazardous Materials Incident Commander
.
[5.3](3) Examination.
[The applicant for a certificate shall complete the
following:
5.3.1](a) An applicant certifying at the Awareness Level shall be
trained to meet all the competencies in Chapter 4 of NFPA 472 and
pass a written examination with a minimum score of 70%.
[5.3.2](b) An applicant certifying as an Operations Level Responder
shall meet all the requirements listed in Section [5.3.1 of these rules]R710-12-7(3)(a), and shall be trained to meet all the
competencies in Chapter 5 of NFPA 472, and pass a written
examination with a minimum score of 70%. The applicant shall also
pass a practical or actual demonstration on some selected aspects
of hazardous materials consistent with the level seeking
certification.
[5.3.3](c) An applicant certifying as a Hazardous Materials
Technician shall pass all the requirements listed in Sections [5.3.1 and 5.3.2 of these rules]R710-12-7(3)(a) and R710-12-7(3)(b), and shall be trained to
meet all the competencies in Chapter 7 of NFPA 472, and shall pass
a written examination with a minimum score of 70%. The applicant
shall also pass a practical or actual demonstration on some
selected aspects of hazardous materials consistent with the level
seeking certification.
[5.3.4](d) An applicant certifying as a Hazardous Materials Officer
shall meet all the requirements listed in Sections [5.3.1, 5.3.2 and 5.3.3 of these rules]R710-12-7(3)(a) through R710-12-7(3)(b), and shall be
trained to meet all the competencies in Chapter 10 of NFPA 472, and
shall pass a written examination with a minimum score of 70%. The
applicant shall also pass a practical or actual demonstration on
some selected aspects of hazardous materials consistent with the
level seeking certification.
[5.3.5](e) An applicant certifying as a Hazardous Materials
Incident Commander shall meet all the requirements listed in
Sections [5.3.1, 5.3.2 and 5.3.3 of these rules]R710-12-7(3)(a) through R710-12-7(3)(b), and shall be
trained to meet all the competencies in Chapter 8 of NFPA 472, and
shall pass a written examination with a minimum score of 70%. The
applicant shall also pass a practical or actual demonstration on
some selected aspects of hazardous materials consistent with the
level seeking certification.
[5.4](4) [Issuance. ]Following receipt of the properly
completed application[,]and compliance with Section [5.3 of these rules]R710-12-7(3), the Institute of Emergency Services and
Homeland Security through the Utah Fire Service Certification
Council shall issue a certificate.
[5.5](5) [Original and Renewal Valid Date. ]Original
certificates shall be valid for three years from the date of
certification issuance. Thereafter, each certificate of
registration shall be renewed every three years from issuance,
unless otherwise specified by a Utah certification standard.
[5.6](6) [Renewal Date. ]Renewal shall be made as directed
by the Utah Fire Service Certification Council.
[5.7](7) [Re-certification Renewal. ]Every holder of a valid
certificate shall provide to the Utah Fire Service Certification
Council written verification from the authorizing agency that they
have received continuing training in hazardous materials necessary
to maintain competency over the previous three-year period of
certification issuance.
R710-12-[6]8
. Adjudicative Proceedings.
[6.1 ]All adjudicative proceedings performed with
regard to a certificate issued under Section [5 of these rules ]R710-12-7 shall proceed as outlined in the Utah Fire Service
Certification System, Policy and Procedures Manual.
R710-12-[7]9
. Fees.
[7.1 Payment of Fees. ]The required fee for
certification and recertification shall be paid to the Utah Fire
Service Certification System.
KEY: hazardous materials
Date of Enactment or Last Substantive Amendment: [May 23, 2008]2016
Notice of Continuation: March 8, 2013
Authorizing, and Implemented or Interpreted Law: 53-7-204
Additional Information
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/b20160715.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.
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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 tblack@utah.gov; Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.