DAR File No. 27351

Public Safety, Fire Marshal

R710-6-6

Fees

NOTICE OF PROPOSED RULE

DAR File No.: 27351
Filed: 08/16/2004, 01:24
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Liquefied Petroleum Gas Board met on July 16, 2004, and proposed that Rule R710-6 be amended. The purpose of the proposed amendment is to adjust, increase, and add fees.

Summary of the rule or change:

The Utah LP Gas Board proposes to amend Section R710-6-6 by adjusting, increasing, and adding fees. This amendment is to make the existing rule consist with the Appropriations Act from the 2004 session of the Utah State Legislature (S.B. 1). (DAR NOTE: S.B. 1 is found at UT L 2004 Ch 256, and was effective 07/01/2004.)

State statutory or constitutional authorization for this rule:

Section 53-7-305

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because this proposed amendment does not effect Utah State Government.

local governments:

There is no anticipated cost or savings to local government because this proposed amendment does not effect local government.

other persons:

There would be an anticipated cost to other persons of $20 per hour for special inspections if an LP Gas special inspection was completed using the allowance in Subsection R710-6-6(6.1.4.1). There would be an anticipated savings of $75 on a private container inspection if the owner of that container had only one container to be inspected. The cost for private container inspections were cut in half for those that had only one privately-owned container.

Compliance costs for affected persons:

There would be a compliance cost of $20 per hour for those that needed a special inspection rated on the newly adopted rate of $50 per hour. The old rate was $30 per hour.

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

There is a $20 per hour increase in the special inspection rate. This is only used on occasion usually be a local fire department that is asked to assist the State Fire Marshal's Office on a visual checkback or completion of corrections. This increase places the special rate fee consistent with other normally charged rates used by other agencies.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at bhallada@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:

10/01/2004

This rule may become effective on:

10/02/2004

Authorized by:

Gary A. Wise, State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-6. Liquefied Petroleum Gas Rules.

R710-6-6. Fees.

6.1 Fee Schedule.

6.1.1 License and LPG Certificates (new and renewals):

6.1.1.1 License

6.1.1.1.1 Class I - $450.00

6.1.1.1.2 Class II - $450.00

6.1.1.1.3 Class III - $105.00

6.1.1.1.4 Class IV - $150.00

6.1.1.2 Branch office license - $[337.50]338.00

6.1.1.3 LPG Certificate - $30.00

6.1.1.4 LPG Certificate (Dispenser--Class B) - $10.00

6.1.1.5 Duplicate - $30.00

6.1.2 Examinations:

6.1.2.1 Initial examination - $20.00

6.1.2.2 Re-examination - $20.00

6.1.2.3 Five year examination - $20.00

6.1.3 Plan Reviews:

6.1.3.1 More than 5000 water gallons of LPG - $90.00

6.1.3.2 5,000 water gallons or less of LPG - $45.00

6.1.4 Special Inspections.

6.1.4.1 Per hour of inspection - $[30.00]50.00

(charged in half hour increments with part half hours charged as full half hours).

6.1.5 Re-inspection (3rd Inspection or more)- -$250.00

6.1.6 [LP Gas ]Private Container Inspection (More than one container) - $150.00

6.1.7 Private Container Inspection (One container) 75.00

6.2 Payment of Fees.

The required fee shall accompany the application for license or LPG certificate or submission of plans for review.

6.3 Late Renewal Fees.

6.3.1 Any license or LPG certificate not renewed on or before one year from the original date of issuance will be subject to an additional fee equal to 10% of the required fee.

6.3.2 When an LPG certificate has expired for more than one year, an application shall be made for an original certificate as if the application was being taken for the first time. Examinations will be retaken with initial examination fees.

KEY: liquefied petroleum gas

[April 1, 2004]October 2, 2004

Notice of Continuation July 5, 2001

53-7-305

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For questions regarding the content or application of this rule, please contact Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at bhallada@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.