DAR File No. 28889

Public Safety, Fire Marshal

R710-2-1

Adoption

NOTICE OF PROPOSED RULE

DAR File No.: 28889
Filed: 07/14/2006, 03:18
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board proposed that Section R710-2-1 be amended. The purpose of the amendment was to update two incorporated references to more recent editions.

Summary of the rule or change:

The Utah Fire Prevention Board met in a regularly scheduled Board meeting on 07/11/2006, and proposed the following amendments: 1) in Subsection R710-2-1(1.2), the Board proposes to update the the National Fire Protection Association (NFPA), Standard 1123, Code for Fireworks Display, from the currently adopted 2000 edition to the 2006 edition; and 2) in Subsection R710-2-1(1.3), the Board proposes to update the National Fire Protection Association (NFPA), Standard 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience from the currently used 2001 edition to the 2006 edition.

State statutory or constitutional authorization for this rule:

Section 53-7-204

The National Fire Protection Association, Standard 1123, Code for Fireworks Display, 2006 edition; and the National Fire Protection Association, Standard 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience, 2006 edition

Anticipated cost or savings to:

the state budget:

There is an aggregate anticipated cost to the state budget of approximately $400 to purchase the needed standards for those involved with the state budget.

local governments:

There is no known aggregate anticipated cost to local government unless a fire department or city wishes to purchase one or both of the standards for local use.

other persons:

There would be an approximate cost of $53 to purchase both standards for usage by other persons. The aggregate anticipated cost to other persons is impossible to calculate with the unknown number of standards that would be needed by the industry or those associated with the industry.

Compliance costs for affected persons:

The compliance costs for affected persons would be approximately $53 for the purchase of both standards.

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

The fiscal impact would be approximately $53 for the purchase of both standards. These newer standards clean up several areas in the standard that was vague and needed clarification. The industry feels the newer standards are beneficial to the fireworks industry. 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.

R710-2. Rules Pursuant to the Utah Fireworks Act.

R710-2-1. Adoption.

Pursuant to Title 53, Chapter 7, Section 204, Utah Code Annotated 1953, the Utah Fire Prevention Board adopts rules establishing minimum safety standards for retail storage, handling, and sale of class C common state approved explosives; minimum requirements for placement and discharge of display fireworks; and requirements for importer, wholesaler, display or special effects operator licenses.

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

1.1 International Fire Code (IFC), 2003 edition, as published by the International Code Council, Inc. (ICC), except as amended by provisions listed in R710-2-9, et seq.

1.2 National Fire Protection Association (NFPA), Standard 1123, Code for Fireworks Display, [2000]2006 edition, as published by the National Fire Protection Association, except as amended by provisions listed in R710-2-9, et seq.

1.3 National Fire Protection Association (NFPA), Standard 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience, [2001]2006 edition, as published by the National Fire Protection Association, except as amended by provisions listed in R710-2-9, et seq.

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

KEY: fireworks

Date of Enactment or Last Substantive Amendment: [September 15, 2004]September 7, 2006

Notice of Continuation: June 11, 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.