DAR File No. 28888

Public Safety, Fire Marshal

R710-6-6

Fees

NOTICE OF PROPOSED RULE

DAR File No.: 28888
Filed: 07/14/2006, 02:12
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 R710-6-6 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, Plan Reviews, Examinations, Re-examinations, or Five-year Examinations.

State statutory or constitutional authorization for this rule:

Section 53-7-305

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 will be an increase of 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 $38,000 to those seeking certificate of registrations, completing plan reviews, taking examinations, re-examinations or five-year examinations in the Liquefied Petroleum (LP) Gas industry.

Compliance costs for affected persons:

There is a compliance cost of an additional $10 for those seeking a certificate of registration and an additional $10 for those taking examinations. The fee for plan reviews will increase $30 for facilities that have LP Gas under 5,000 water gallons, and the plan review fee will increase $60 for facilities that have LP Gas over 5,000 water gallons.

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.

R710-6. 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 - $338.00

6.1.1.3 LPG Certificate - $[30.00]40.00

6.1.1.4 LPG Certificate (Dispenser--Class B) - $[10.00]20.00

6.1.1.5 Duplicate - $30.00

6.1.2 Examinations:

6.1.2.1 Initial examination - $[20.00]30.00

6.1.2.2 Re-examination - $[20.00]30.00

6.1.2.3 Five year examination - $[20.00]30.00

6.1.3 Plan Reviews:

6.1.3.1 More than 5000 water gallons of LPG - $[90.00]150.00

6.1.3.2 5,000 water gallons or less of LPG - $[45.00]75.00

6.1.4 Special Inspections.

6.1.4.1 Per hour of inspection - $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 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

Date of Enactment or Last Substantive Amendment: [October 18, 2005]September 7, 2006

Notice of Continuation: March 30, 2006

Authorizing, and Implemented or Interpreted Law: 53-7-305

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.