Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R710. Public Safety, Fire Marshal.

Rule R710-12. Hazardous Materials Training and Certification.

As in effect on October 1, 2019

Table of Contents

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

April 9, 2019

Authorizing, Implemented, or Interpreted Law

53-7-204


Additional Information

Contact

For questions regarding the content or application of rules under Title R710, please contact the promulgating agency (Public Safety, Fire Marshal). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.