DAR File No. 43455

Public Safety, Fire Marshal

Rule R710-12

Hazardous Materials Training and Certification

Notice of Proposed Rule

(New Rule)

DAR File No.: 43455
Filed: 12/20/2018 08:58:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish minimum rules establishing ongoing training standards for hazardous materials emergency response agencies. The Utah State Fire Prevention Board (Board) also adopts minimum rules for certification for persons who provide hazardous materials emergency response services.

Summary of the rule or change:

This was an existing rule that expired in March of 2018. This rule is essential in establishing ongoing training standards for hazardous materials emergency response agencies. The purpose of this rule is to establish minimum rules establishing ongoing training standards for hazardous materials emergency response agencies. There is adopted, as part of this rule, the National Fire Protection Association (NFPA), Standard 472, Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents, 2013 edition, and (NFPA) Standard 1072, 2017 edition, except as amended by provisions as outlined in this rule. These NFPA Standards set the criteria for certification in hazardous materials response in the State of Utah. This rule establishes the Hazardous Materials Advisory Council (Council). This Council is created by the Board. This Council's duties are to provide direction to the Board in matters relating to training and certification standards for hazardous materials emergency responders and emergency response agencies. The Council approves curriculum for hazardous materials training at various levels and approves examinations for certification. This rule recognizes nationally accepted levels of certification in hazardous materials emergency response and establishes a minimum level of tested competency for each level of certification. This certification is voluntary.

Statutory or constitutional authorization for this rule:

• Section 53-7-204

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state. The Council is a volunteer organization that serves at no cost to the state. Standards, books, and other training materials used by the Utah State Fire Marshal's Office Haz-Mat Section, in the training of those responding to hazardous materials incidents, are paid for by the Hazardous Materials Preparedness Grant. The Utah Fire and Rescue Academy provides hazardous material response training via a contract between the Utah Department of Public Safety and Utah Valley University. There is not a specific line item in that contract for hazardous materials response training. If a specific standard were not adopted, organizations doing training would have no choice but to use the most current standards published by NFPA thus potentially increasing the frequency that standards need to be purchased and increasing the cost.

local governments:

There is no anticipated cost or savings to local governments. Although local fire departments may provide their own training for hazardous materials emergency response, this rule will not increase or decrease the amount of time or materials used in the training. This rule establishes a standard so that different emergency response organizations responding together to a hazardous materials emergency can be assured of each other's minimum skill level based on a certification and training standard. Participation is voluntary.

small businesses:

Hazardous materials are all around us. They come in the form of solids, gases, and liquids. They are used in manufacturing, agriculture, food preparation and preservation, semi-conductors, fuel dispensing and storage, consumer products, medical tests, nuclear power, and many other ways. Even a simple rupture in a fuel tank will require the proper response, containment, control, and remediation. Every business and private property is a potential site for a hazardous materials emergency response. Many businesses may have an interest in having employees trained in some level of hazardous materials emergency response. Some businesses are mandated by the federal Occupational Safety and Health Administration (OSHA) or other regulatory agency to have an onsite hazardous materials emergency response. Some businesses are mandated by company policy to have a similar response. Others may seek training as a proactive safety program. With these variables it is not possible to estimate the number of businesses that may be impacted. There is a potential of a savings to small businesses. A small business that is required to have employees trained in hazardous materials response may attend training provided by the State Fire Marshal's Office at no cost. This training may be for knowledge, certification, or for continuing education credits for re-certification. This rule provides a path for private hazardous materials emergency responders to meet any relevant OSHA requirements, and achieve certification if outside certification is required by the private company. There are other opportunities for this training, and the private sector is not obligated in any way to use the State Fire Marshal's Office. The potential savings is impossible to measure.

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

There is no anticipated cost or savings to other persons. This training is not available to persons that are not expected to provide hazardous materials emergency response.

Compliance costs for affected persons:

This standard is voluntary and has existed for several years. There are no anticipated costs. The fire service can obtain training from the Utah Fire and Rescue Academy or the Utah State Fire Marshal's Office at no cost. The private sector hazardous materials emergency responders, and law enforcement, may participate in training provided by the Utah State Fire Marshal's Office at no cost.

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

Every business and private property is a potential site for a hazardous materials emergency response. Many businesses may have an interest in having employees trained in some level of hazardous materials emergency response. Some businesses are mandated by OSHA or other regulatory agency to have an onsite hazardous materials emergency response. It is not possible to estimate the number of businesses that may be impacted. Although there are outside entities that provide hazardous materials emergency response training, the State Fire Marshal's Office will provide this training at no cost. It is not possible to measure the potential cost savings to businesses that chose to obtain training from the State Fire Marshal's Office rather than using an outside entity. The Commissioner of the Department of Public Safety, Jess Anderson, has reviewed and approved this fiscal analysis.

Jess L. Anderson, 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:

• 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
• Ted Black at the above address, by phone at 801-284-6352, 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:

02/14/2019

This rule may become effective on:

02/21/2019

Authorized by:

Coy Porter, State Fire Marshal

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

Hazardous materials are all around us. They come in the form of solids, gases and liquids. They are used in manufacturing, agriculture, food preparation and preservation, semi-conductors, fuel dispensing and storage, consumer products, medical tests, nuclear power, and many other ways. Even a simple rupture in a fuel tank will require the proper response, containment, control, and remediation. Every business and private property is a potential site for a hazardous materials emergency response. Many businesses may have an interest in having employees trained in some level of hazardous materials emergency response. Some businesses are mandated by OSHA or other regulatory agency to have an onsite hazardous materials emergency response. Some businesses are mandated by company policy to have a similar response. Others may seek training as a proactive safety program. With these variables, it is not possible to estimate the number of businesses that may be impacted.

 

There is a potential of a savings to non-small businesses. A non-small business that is required to have employees trained in hazardous materials emergency response may attend training provided by the State Fire Marshal's office at no cost. This training may be for knowledge, certification, or for continuing education credits for re-certification. This rule provides a path for private hazardous materials emergency responders to meet any relevant OSHA requirements, and achieve certification if outside certification is required by the private company. There are other opportunities for this training, and the private sector is not obligated in any way to use the State Fire Marshal's office. The potential savings is impossible to measure.

 

The Commissioner of the Department of Public Safety, Jess Anderson, has reviewed and approved this fiscal analysis.

 

 

R710. Public Safety, Fire Marshal.

R710-12. Hazardous Materials Training and Certification.

R710-12-1. Purpose.

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.

 

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, 2013 edition, and (NFPA) Standard 1072, 2017 edition, except as amended by provisions as outlined in this rule.

 

R710-12-4. Definitions.

(1) "AHJ" means Authority Having Jurisdiction.

(2) "Board" means Utah Fire Prevention Board.

(3) "Certificate" means a written document issued by the Utah Fire Service Certification Council, or the Utah State Fire Marshal's office.

(4) "Council" means Hazardous Materials Advisory Council.

(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.

(6) "Hazardous Material" means a substance that is solid, liquid or gas, that when released is capable of creating harm to people, the environment and property and includes, but is not limited to, weapons of mass destruction as well as illicit labs, environmental crimes, and industrial sabotage.

(7) "Emergency Response Services" means providing or coordinating on-site defensive or offensive actions to reduce the risk of harm to people, the environment and property during the emergency phase of a hazardous materials incident.

(8) "NFPA" means National Fire Protection Association.

(9) "SFM" means State Fire Marshal or authorized deputy.

(10) "Utah Fire Service Certification System" means the system approved by the Board to provide certification to those emergency personnel certifying in hazardous materials.

 

R710-12-5. Hazardous Materials Advisory Council.

(1) There is created by the board, the Hazardous Materials Advisory Council, whose duties are to provide direction to the board in matters relating to training and certification standards for hazardous materials emergency responders and emergency response agencies.

(2) The council's members shall be appointed by the board, shall serve four year terms, and shall consist of the following members:

(a) a representative from the career fire service;

(b) a representative from the volunteer fire service;

(c) a representative from the Department of Environmental Quality;

(d) a representative from the Department of Transportation;

(e) a representative from law enforcement;

(f) a representative from the Fire and Rescue Academy;

(g) a representative from the State Fire Marshal office;

(h) a representative from the National Guard;

(i) a representative from a Local Emergency Planning Committee; and

(j) a representative from private industry.

(3) The council shall meet quarterly or as directed, and a majority of the members shall be present to constitute a quorum.

(4) The 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.

(5) If a 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 board. The coordinator shall submit the name of the member to the board for status review.

(6) A member of the 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 coordinator prior to the meeting.

(7) The chair or vice chair of the council shall report to the board the activities of the council at regularly scheduled board meetings. The coordinator may report to the board the activities of the council in the absence of the chair or vice chair.

(8) The council shall consider all subjects presented to them, subjects assigned to them by the board, and shall report their recommendations to the board at regularly scheduled board meetings.

(9) One-half of the members of the council shall be reappointed or replaced by the board every two years.

 

R710-12-6. Training.

(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 council and accepted by the Utah Fire Service Certification Council.

(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 council and accepted by the Utah Fire Service Certification Council.

 

R710-12-7. Certificates.

(1) To be certified in hazardous material response, a request for certification shall be made in writing to the Utah Fire Service Certification System, or the Utah State Fire Marshal's Haz-Mat Section.

(a) The applicant shall indicate which of the five certification levels the applicant will apply for:

(i) Awareness Level;

(ii) Operations Level Responder;

(iii) Hazardous Materials Technician;

(iv) Hazardous Materials Officer; or

(v) Hazardous Materials Incident Commander.

(2) Examination.

(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%.

(b) An applicant certifying as an Operations Level Responder shall meet all the requirements listed in Subsection 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.

(c) An applicant certifying as a Hazardous Materials Technician shall pass all the requirements listed in Subsections 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.

(d) An applicant certifying as a Hazardous Materials Officer shall meet all the requirements listed in Subsections 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.

(e) An applicant certifying as a Hazardous Materials Incident Commander shall meet all the requirements listed in Subsections 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.

(3) Following receipt of the properly completed application and compliance with Subsection R710-12-7(3), the Utah Fire Service Certification Council, or the Utah State Fire Marshal's Haz-Mat Section shall issue a certificate.

(4) 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) Renewal shall be made as directed by the Utah Fire Service Certification Council.

(6) Every holder of a valid certificate shall provide to the certifying entity 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.

 

R710-12-8. Adjudicative Proceedings.

All adjudicative proceedings performed with regard to a certificate issued under Section R710-12-7 shall proceed as outlined in the Utah Fire Service Certification System, Policy and Procedures Manual.

 

R710-12-9. 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: 2019

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