DAR File No. 28882

Public Safety, Fire Marshal

R710-1-10

Fees

NOTICE OF PROPOSED RULE

DAR File No.: 28882
Filed: 07/14/2006, 10:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change the fees listed in Section R710-1-10 to make them consistent with the newly enacted fee schedule in S.B. 4, that went into effect on 07/01/2006, as passed by the 2006 Utah State Legislature. (DAR NOTE: S.B. 4 (2006) is found at Chapter 366, Laws of Utah 2006, and was effective 07/01/2006.)

Summary of the rule or change:

The 2006 Utah State Legislature enacted fee increases as stated in S.B. 4, that increased the fees charged for those paying for a Certificate of Registration, Application for Exemption, and Examinations, Re-examinations, or Five-year Examinations.

State statutory or constitutional authorization for this rule:

Section 53-7-204

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget because the fee increases noted were enacted by the 2006 Utah State Legislature. There is an increase in received monies to the state budget as anticipated by the passage of S.B. 4.

local governments:

There is no aggregate anticipated cost or savings to local government because the fee increases noted in S.B. 4 do not affect or impact local government.

other persons:

There is an aggregate anticipated cost of approximately $3,000 to those seeking certificate of registrations, taking examinations, re-examinations, or five-year examinations.

Compliance costs for affected persons:

There is a compliance cost of an additional $10 for those seeking a certificate of registration, an additional $10 for those taking examinations, and an additional $50 for those agencies seeking an application for exemption.

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

These fee increases were enacted by the Utah State Legislature in S.B. 4, and reflect necessary increases that have not occurred with these specific fees since 1987. Robert L. Flowers, Commissioner

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:

08/31/2006

This rule may become effective on:

09/07/2006

Authorized by:

Ron L. Morris, Utah State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-1. Concerns Servicing Portable Fire Extinguishers.

R710-1-10. Fees.

10.1 Fee Schedule.

10.1.1 Licenses and Certificates of Registration (new and renewals):

10.1.1.1 License (any type) . . . . . . . . . . . . . $300.00

10.1.1.2 Branch office license . . . . . . . . . . . . 150.00

10.1.1.3 Certificate of registration . . . . . . . . . [30.00]40.00

10.1.1.4 Duplicate . . . . . . . . . . . . . . . . . . . . . [30.00]40.00

10.1.1.5 License Transfer . . . . . . . . . . . . . . . . .50.00

10.1.1.6 Application for exemption . . . . . . . [100.00]150.00

10.1.2 Examinations:

10.1.2.1 Initial examination. . . . . . . . . . . . . . . [20.00]30.00

10.1.2.2 Re-examination . . . . . . . . . . . . . . . . . [15.00] 30.00

10.1.2.3 Five year examination. . . . . . . . . . . . .[20.00] 30.00

10.2 Payment of Fees.

The required fee shall accompany the application for license or certificate of registration. License or certificate of registration fees will be refunded if the application is denied.

10.3 Late Renewal Fees.

10.3.1 Any license or certificate of registration not renewed before January 1st will be subject to an additional fee equal to 10% of the required inspection fee.

10.3.2 When a certificate of registration has expired for more than one year, an application shall be made for an original certificate as if the application was being made for the first time. Examinations will be re-taken with initial examination fees.

KEY: fire prevention, extinguishers

Date of Enactment or Last Substantive Amendment: [September 15, 2005]September 7, 2006

Notice of Continuation: June 10, 2002

Authorizing, and Implemented or Interpreted Law: 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.