DAR File No. 40544
This rule was published in the July 15, 2016, issue (Vol. 2016, No. 14) of the Utah State Bulletin.
Public Safety, Fire Marshal
Rule R710-10
Rules Pursuant to Fire Service Training, Education, and Certification
Notice of Proposed Rule
(Amendment)
DAR File No.: 40544
Filed: 06/23/2016 02:20:04 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is reformatting to meet the requirements of the Rulewriting Manual and 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, corrects rule references changed to meet the requirements of the Rulewriting Manual, and deletes reference to Hazardous Materials Institute and changes it to State Fire Marshal's Office.
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 business' 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.
R710-10. Rules Pursuant to Fire Service Training, Education, and Certification.
R710-10-1. [Title, Authority, and Adoption of Codes]Purpose.
[1.1 These rules shall be known as the "Rules Pursuant
to Fire Service Training, Education, and Certification, 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]The purpose of this rule is to provide minimum rules for
fire service training, education and certification by establishing
a Fire Service Education Administrator, a Fire Education Program
Coordinator, the Fire Service Standards and Training Council, the
Fire Service Certification Council, the Utah Fire and Rescue
Academy, and standards for those agencies conducting non-affiliated
fire service training.
[1.4 There is adopted as part of these rules the following
code which is incorporated by reference:
1.4.1 National Fire Protection Association (NFPA), NFPA
1403, Standard on Live Fire Training Evolutions, 2002
edition.]
R710-10-2. Authority.
This rule is authorized by Section 53-7-204.
R710-10-[2]3
. Definitions.
[2.1](1) "Academy" means Utah Fire and Rescue
Academy.
[2.2](2) "Academy Director" means the Director of the
Utah Fire and Rescue Academy.
[2.3](3) "Administrator" means Fire Service Education
Administrator.
[2.4](4) "Board" means Utah Fire Prevention Board.
[2.5](5) "Career Firefighter" means one whose primary
employment is directly related to the fire service.
[2.6](6) "Certification Council" means the Fire Service
Certification Council.
[2.7](7) "Certification System" means the Utah Fire
Service Certification System.
[2.8](8) "Coordinator" means Fire Service Education
Program Coordinator.
[2.9](9) "EMT" means Emergency Medical Technician.
[2.10](10) "Non-Affiliated" means an individual who is
not a member of an organized fire department.
[2.11](11) "Plan" means Fire Academy Strategic Plan.
[2.12](12) "RCA" means Recruit Candidate Academy
[2.13](13) "SFM" means State Fire Marshal or authorized
deputy.
[2.14](14) "Standards Council" means Fire Service
Standards and Training Council.
[2.15 "UCA" means Utah Code Annotated,
1953.]
[2.16](15) "Volunteer/Part-Paid Firefighter" means one
whose primary employment is not directly related to the fire
service.
R710-10-[3]4
. Fire Service Education Administrator.
[3.1](1) There is created by the Board a Fire Service Education
Administrator for the State of Utah. This [A]administrator shall be the State Fire Marshal.
[3.2](2) The [A]administrator shall oversee statewide fire service education
of all personnel receiving training monies from the Fire Academy
Support Account.
[3.2.1](a) The [A]administrator shall oversee fire service education in fire
suppression, fire prevention, fire administration, operations,
hazardous materials, rescue, fire investigation, and public fire
education in the State of Utah.
[3.3](3) The [A]administrator shall dedicate sufficient time and efforts to
ensure that those monies dedicated from the Fire Academy Support
Account are expended in the best interests of all personnel
receiving fire service education.
[3.4](4) The [A]administrator shall ensure equitable monies are expended in
fire service education to volunteer, career, and prospective fire
service personnel.
[3.5](5) The [A]administrator shall as directed by the [B]board, solicit the legislature for funding to ensure that
fire service personnel receive sufficient monies to receive the
education necessary to prevent loss of life or property.
[3.6](6) The [A]administrator shall oversee the Fire Department Assistance
Grant program by completing the following:
[3.6.1](a) [I]ensure that a broad based selection committee is impaneled
each year[.];
[3.6.2](b) [C]compile for presentation to the [B]board the proposed grants[.]; and
[3.6.3](c) [R]receive the [B]board's approval before issuing the grants.
[3.7](7) The [A]administrator shall if necessary, establish proposed changes
to fire service education statewide, insuring personnel receive the
most proficient and professional training available, [i]ensure completion of agreements and contracts, and [i]ensure that payments on agreements and contracts are
completed expeditiously.
[3.8](8) The [A]administrator shall report to the [B]board at each regularly scheduled [B]board meeting the current status of fire service education
statewide.
(a) The [A]administrator shall present any proposed changes in fire
service education to the [B]board, and receive direction and approval from the [B]board, before making those changes.
R710-10-[4]5
. Fire Service Education Program Coordinator.
[4.1](1) The Fire Service Education Program Coordinator shall
assist the [A]administrator in statewide fire service education.
[4.2](2) The [C]coordinator shall conduct fire service education
evaluations, budget reviews, performance audits, and oversee the
effectiveness of fire service education statewide.
[4.3](3) The [C]coordinator shall ensure that there is an established Utah
Fire Service Strategic Training Plan for fire service education
statewide. The [C]coordinator shall work with the [A]academy [D]director to update the Strategic Plan and keep it current to
the needs of the fire service.
[4.4](4) The [C]coordinator shall report findings of audits, budgetary
reviews, training contracts or agreements, evaluation of training
standards, and any other necessary items of interest with regard to
fire service education to the [A]administrator.
[4.5](5) The [C]coordinator shall ensure that contracts are established each
year for training and education of fire personnel that meets the
needs of those involved in fire service education statewide.
[4.6](6) The [C]coordinator shall be the staff assistant to the Fire Service
Standards and Training Council and shall present agenda items to
the [C]council [C]chair that need resolution or review. As the staff assistant
to the Training Council, the coordinator shall ensure that
appointed members attend, encourage that the decisions made further
the interests of fire service education statewide, and ensure that
the [B]board is kept informed of the Training Council's
decisions.
R710-10-[5]6
. Fire Service Standards and Training Council.
[5.1](1) There is created by the [B]board, the Fire Service Standards and Training Council,
whose duties are to provide direction to the [B]board and [A]academy in matters relating to fire service standards,
training, and certification.
[5.2](2) The Standards Council shall serve in an advisory
position to the [B]board, members shall be appointed by the [B]board, shall serve four year terms, and shall consist of the
following members:
[5.2.1](a) [R]representative from the Utah State Fire Chiefs Association[.];
[5.2.2](b) [R]representative from the Utah State Firemen's
Association[.];
[5.2.3](c) [R]representative from the Fire Marshal's Association of
Utah[.];
[5.2.4](d) [S]specialist in hazardous materials representing the [Hazardous Materials Institute]State Fire Marshals Office[.];
[5.2.5](e) [F]fire/arson investigator representing the Utah Chapter of the
International Association of Arson Investigators[.];
[5.2.6](f) [S]specialist in wildland fire suppression and prevention from
the Utah State Division of Forestry, Fire and State Lands[.];
[5.2.7](g) [R]representative from the International Association of
Firefighters[.];
[5.2.8](h) [R]representative from the Utah Fire Service Certification
Council[.];
[5.2.9](i) [R]representative from the Utah Fire and Life Safety Education
Association[.]; and
[5.2.10](j) [R]representative from the Utah Fire Training Officers
Association.
[5.3](3) The Standards Council shall meet quarterly and may hold
other meetings as necessary for proper transaction of business.
(a) A majority of the Standards Council members shall be present to constitute a quorum.
[5.4](4) The Standards 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 the calendar year.
(c) If voted upon by the council, the vice chair will become the chair the next succeeding calendar year.
[5.5](5) If a Standards Council member has two or more unexcused
absences during a 12 month period, from regularly scheduled
Standards Council meetings, it is considered grounds for dismissal
pending review by the [B]board.
(a) The [C]coordinator shall submit the name of the Standards Council
member to the [B]board for status review.
[5.6](6) A member of the Standards Council may have a
representative of their respective organization sit in proxy of
that member, if submitted and approved by the [C]coordinator prior to the meeting.
[5.7](7) The [C]chair or [V]vice [C]chair of the Standards Council shall report to the [B]board the activities of the Standards Council at regularly
scheduled [B]board meetings. The [C]coordinator may report to the [B]board the activities of the Standards Council in the absence
of the [C]chair or [V]vice [C]chair.
[5.8](8) The Standards 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.
[5.9](9) One-half of the members of the Standards Council shall
be reappointed or replaced by the [B]board every two years.
R710-10-[6]7
. Utah Fire Service Certification Council.
[6.1](1) There is created by the [B]board, the Utah Fire Service Certification Council, whose
duties are to oversee fire service certification in the State of
Utah.
[6.2](2) The Certification Council shall be made up of 12
members, appointed by the [A]academy [D]director, approved by the [B]board, and each member shall serve three year terms.
[6.3](3) The Certification Council shall be made up of users of
the certification system and
be comprised
of both paid and volunteer fire personnel, members with
special expertise, and members from various geographical locations
in the state.
[6.4](4) The purpose of the Certification Council is to provide
direction on all aspects of certification, and shall report the
activities of the Certification Council to the Fire Service
Standards and Training Council.
[6.5](5) Functioning of the Certification Council with regard to
certification, re-certification, testing, meeting procedures,
examinations, suspension, denial, annulment, revocation, appeals,
and reciprocity, shall be conducted as specified in the Utah Fire
Service Voluntary Certification Program, Policy and Procedures
Manual.
[6.6](6) A copy of the Utah Fire Service Voluntary Certification
Program, Policy and Procedures Manual, shall be kept on file at the
State Fire Marshal's Office and the Utah Fire and Rescue
Academy.
R710-10-[7]8
. Utah Fire and Rescue Academy.
[7.1](1) The primary fire service training school shall be known
as the Utah Fire and Rescue Academy.
[7.2](2) The [D]director of the Utah Fire and Rescue Academy shall report to
the [A]administrator the activities of the [A]academy with regard to completion of the agreed academy
contract.
[7.3](3) The [A]academy [D]director may recommend to the [A]administrator or [C]coordinator new or expanded standards regarding fire
suppression, fire prevention, public fire education, safety,
certification, and any other items of necessary interest about the
[A]academy.
[7.4](4) The [A]academy shall receive approval from the [A]administrator, after being presented to the Standards and
Training Council, any substantial changes in [A]academy training programs that vary from the agreed
contract.
[7.5](5) The [A]academy [D]director shall provide to the [C]coordinator by October 1st of each year, a numerical summary
of those career, volunteer/part-paid, and non-affiliated students
attending the [A]academy in the following categories:
[7.5.1](a) Those who have received certification during the
previous contract period at each certification level.
[7.5.2](b) Those who have received an academic degree in any Fire
Science category in the previous contract period.
[7.5.3](c) Those who have completed other [A]academy classes during the previous contract period.
[7.6](6) The [A]academy [D]director shall provide to the [C]coordinator by October 1st of each year, a numerical
comparison of the categories required in [Section 7.5]Subsection R710-10-8(5), comparing attendance in the
previous contract period.
[7.7](7) The [A]academy [D]director shall provide to the [C]coordinator by October 1st of each year, in accepted
budgeting practices, the following:
[7.7.1](a) A cost analysis of classes to include the total spent
for each class title, the average cost per class, the number of
classes delivered, the number of participants per class title, and
the cost per participant for each class title provided by the [A]academy.
[7.7.2](b) A budget summary comparing amounts budgeted to actual
expenditures for each budget code funded by the contract.
[7.8](8) The [A]academy [D]director shall provide to the [C]coordinator by October 1st of each year, a numerical summary
of those students attending [A]academy courses in the following categories:
[7.8.1](a) Non-affiliated personnel enrolled in college
courses.
[7.8.2](b) Career fire service personnel enrolled in college credit
courses.
[7.8.3](c) Volunteer and part-paid fire service personnel enrolled
in college credit courses.
[7.8.4](d) Non-affiliated personnel enrolled in non-credit
continuing education courses.
[7.8.5](e) Career fire service personnel enrolled in non-credit
continuing education courses.
[7.8.6](f) Volunteer and part-paid fire service personnel enrolled
in non-credit continuing education courses.
[7.9](9) The [A]academy [D]director shall present to the [C]coordinator by January of each year, proposals to be
incorporated in the [A]academy contract for the next fiscal year.
R710-10-[8]9
. Non-Affiliated Fire Service Training.
[8.1](1) Those training organizations that desire to offer
certification through the Certification System for non-affiliated
personnel must receive accreditation in writing from the Standards
Council and the [A]academy [D]director.
[8.2](2) Before accreditation is granted, the training
organization requesting approval shall demonstrate the
following:
[8.2.1](a) Complete a written application requesting approval to
conduct the training course.
[8.2.2](b) Designate an approved course coordinator to oversee the
course delivery and [i]ensure the course meets each of the applicable
objectives.
[8.2.3](c) [I]Ensure that qualified instructors are used to teach each
subject.
[8.2.4](d) [I]Ensure sufficient student to instructor ratios for all
subjects or skills to be taught to include those designated high
hazard.
[8.2.5](e) Demonstrate that sufficient equipment and facilities
will be provided to meet the training requirements of the course
being taught.
[8.2.6](f) Maintain course documentation as required through the
Certification System to [i]ensure that all elements of the necessary training is
completed.
[8.2.7](g) Follow the accepted requirements of the Certification
System for requesting testing and certification.
[8.3](3) As required in [Section 8.2.2]Subsection R710-10-9(2)(b)[of these rules], the designated course coordinator
shall meet the following requirements:
[8.3.1](a) Be currently certified at the certification level as
established by the Standards Council.
[8.3.2](b) [I]Ensure that all assigned instructors meet the requirements
as required in [Section 8.4]Subsection R710-10-9(4)[of these rules].
[8.3.3](c) [I]Ensure that the course syllabus and practical skills guide
meet the requirements of the Certification System.
[8.3.4](d) [I]Ensure that the requirements of [Sections 8.2.4, 8.2.5, 8.2.6, and 8.2.7]Subsections R710-10-9(2)(d), (e), (f) and (g) [of these rules ]are met.
[8.4](4) As required in [Section 8.2.3]Subsection R710-10-9(2)(c)[of these rules], qualified instructors shall meet
the following requirements:
[8.4.1](a) Must be currently certified at the certification level
as established by the Standards Council.
[8.4.2](b) If the instructor is not certified, instructor
qualification can be satisfied by special knowledge, experience or
establishment of expertise.
[8.5](5) An Introduction to Emergency Services class shall be
completed by the non-affiliated student wishing to receive an RCA
within the time period stated in [8.7]Subsection R710-10-9(7)[of these rules]. The Introduction to Emergency
Services class may be waived if the applicant can demonstrate to
the [A]academy sufficient competency or prior experience in the
fire service to make the class unwarranted.
[8.6](6) Non-affiliated training providers shall follow the
curriculum outline that is taught at the [A]academy in the [Recruit Candidate Academy (]RCA[)] program in order to award students an RCA
Certificate of Completion. Any changes to the curriculum of the RCA
program at the [A]academy shall be provided by the [A]academy to the non-affiliated training providers to maintain
consistency in the RCA program.
[8.7](7) An RCA Certificate of Completion may be issued to the
non-affiliated student by the [A]academy upon successful completion of the following within a
24 month period:
[8.7.1](a) Introduction to Emergency Services class or accepted
waiver.
[8.7.2](b) EMT Basic Course.
[8.7.3](c) Completion of an accredited RCA.
[8.8](8) Non-affiliated training providers that have received
accreditation shall be reaccredited every five years from the date
of initial accreditation.
R710-10-[9]10
. Repeal of Conflicting Board Actions.
All former [B]board actions, or parts thereof, conflicting or inconsistent
with the provisions of this [B]board action or of the codes hereby adopted, are hereby
repealed.
R710-10-[10]11
. Validity.
The Utah Fire Prevention Board hereby
declares that should any section, paragraph, sentence, or word of
this [B]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.
R710-10-[11]12
. Adjudicative Proceedings.
[11.1](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.
[11.2](2) 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 [B]board within 20 days after receiving final decision.
[11.3](3) 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.
[11.4](4) The [B]board shall act as the hearing authority, and shall convene
as an appeals board after timely notice to all parties
involved.
[11.5](5) The [B]board shall direct the SFM to issue a signed order to the
parties involved giving the decision of the [B]board within a reasonable time of the hearing pursuant to [UCA, ]Section 63G-4-203.
[11.6](6) Reconsideration of the [B]board's decision may be requested in writing within 20
days of the date of the decision pursuant to [UCA, ]Section 63G-4-302.
[11.7](7) Judicial review of all final [B]board actions resulting from informal adjudicative
proceedings is available pursuant to [UCA, ]Section 63G-4-402.
KEY: fire training
Date of Enactment or Last Substantive Amendment: [May 22, 2012]2016
Notice of Continuation: October 5, 2015
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.
Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example). 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 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.