DAR File No. 27671

Public Safety, Fire Marshal

R710-7-1

Adoption of Codes

NOTICE OF PROPOSED RULE

DAR File No.: 27671
Filed: 01/27/2005, 01:43
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met on January 11, 2005, in a regularly scheduled Board meeting and voted by motion to amend Rule R710-7 by updating several incorporated references to the most recent edition.

Summary of the rule or change:

The Board proposes to amend Subsection R710-7-1(1.1) to update six currently adopted incorporated references to the most recent edition of the standard.

State statutory or constitutional authorization for this rule:

Section 53-7-204

NFPA 12, Standard on Carbon Dioxide Extinguishing Systems, 2005 edition; NFPA 12A, Standard on Halon 1301 Fire Extinguishing Systems, 2004 edition; NFPA 17, Standard for Dry Chemical Extinguishing Systems, 2002 edition; NFPA 17A, Standard for Wet Chemical Extinguishing Systems, 2002 edition; NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 2004 edition; and NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 2004 edition

Anticipated cost or savings to:

the state budget:

The aggregate anticipated cost to the State Budget would be approximately $540. This aggregate anticipated cost would be to purchase three copies of each National Fire Protection Association (NFPA) standard that is proposed to be updated. Two copies for the State Fire Marshal's Office and one copy of each to be kept on file at the Division of Administrative Rules.

local governments:

There is no aggregate anticipated cost or savings to local government to enact this proposed rule amendment. Local government would normally request assistance from the specialists at the State Fire Marshal's Office to investigate concerns with Automatic Fire Suppression Systems in their communities. By requesting assistance, local government would not be required to purchase the updated incorporated references.

other persons:

The aggregate cost to other persons would be approximately $180 to purchase the six updated incorporated references. With 47 licensed Automatic Fire Suppression System companies, the aggregate cost would be approximately $8,500 if each company purchased all of the proposed incorporated references to be updated.

Compliance costs for affected persons:

The compliance cost for affected persons would be approximately $180 to purchase all six of the proposed updated incorporated references. This would be a requirement if the licensed company and/or certified individual were required to work on a specific system. A copy of the NFPA standard would be necessary to complete the work correctly and provide a safe installation.

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

There would be a fiscal impact on businesses of approximately $180 to purchase all six volumes of the updated incorporated references. The industry likes to use the most current volume of the NFPA standards to provide the most up to date processes and safety standards with these continually changing systems.

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:

03/17/2005

This rule may become effective on:

03/18/2005

Authorized by:

Gary A. Wise, State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-7. Concerns Servicing Automatic Fire Suppression Systems.

R710-7-1. Adoption of Codes.

Pursuant to Title 53, Chapter 7, Section 204, Utah Code Annotated 1953, the Utah State Fire Prevention Board adopts rules to provide regulation to those concerns that service Automatic Fire Suppression Systems. These rules do not apply to standpipe systems, deluge systems, or automatic fire sprinkler systems.

There is adopted as part of these rules the following codes which are incorporated by reference:

1.1 National Fire Protection Association, Standard 12, Standard on Carbon Dioxide Extinguishing Systems, [2000]2005 edition; N.F.P.A., Standard 12A, Halon 1301 Fire Extinguishing Systems, [1997]2004 edition; N.F.P.A., Standard 12B, Halon 1211 Fire Extinguishing Systems, 1990 edition; N.F.P.A., Standard 17, Standard for Dry Chemical Extinguishing Systems, [1998]2002 edition; N.F.P.A., Standard 17A, Standard for Wet Chemical Extinguishing Systems, [1998]2002 edition; N.F.P.A., Standard 96, Ventilation Control and Fire Protection of Commercial Cooking Operations, [2001]2004 edition; N.F.P.A., Standard 2001, Clean Agent Fire Extinguishing Systems, [2000]2004 edition. The definitions contained in these pamphlets shall pertain to these regulations.

1.2 Validity

If any section, subsection, sentence, clause, or phrase, of these rules is, for any reason, held to be unconstitutional, contrary to statute, or exceeding the authority of the SFM, such decision shall not affect the validity of the remaining portion of these rules.

1.3 Systems Prohibited

No person shall market, distribute, sell, install or service any automatic fire suppression system in this state, unless it meets the following:

1.3.1 It complies with these rules.

1.3.2 It has been tested by, and bears the label of a testing laboratory which is accepted by the SFM as qualified to test automatic fire suppression systems.

1.3.3 All existing automatic fire suppression systems using dry chemical shall be removed and replaced with a UL300 listed system by January 1, 2006 or before that date when any of the following occurs:

1.3.3.1 Six year internal maintenance service;

1.3.3.2 Recharge;

1.3.3.3 Hydrostatic test date as indicated on the manufacturer date of the cylinders;

1.3.3.4 Reconfiguration of the system piping.

1.3.4 All existing wet chemical automatic fire suppression systems not UL300 listed shall be removed, replaced or upgraded to a UL300 listed system by January 1, 2006 or before that date when any of the following occurs:

1.3.4.1 Six year internal maintenance service;

1.3.4.2 Recharge;

1.3.4.3 Hydrostatic test date as indicated on the manufacturer date of the cylinders;

1.3.4.4 Reconfiguration of the system piping.

1.4 Copies of the above listed codes are on file in the Office of Administrative Rules and the Office of the State Fire Marshal.

KEY: fire prevention, systems

[December 2, 2004]March 18, 2005

Notice of Continuation June 11, 2002

53-7-204

ADDITIONAL INFORMATION

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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.