DAR File No. 30894

Public Safety, Fire Marshal

R710-10

Rules Pursuant to Fire Service Training, Education, and Certification

NOTICE OF PROPOSED RULE

DAR File No.: 30894
Filed: 01/11/2008, 09:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met on 01/08/2008 in a regularly scheduled board meeting, and voted to amend Rule R710-10 by removing two sections and transferring them to the newly created Rule R710-12, Hazardous Materials Training and Certification. (DAR NOTE: The proposed new Rule R710-12 is under DAR No. 30893 in this issue, February 1, 2008, of the Bulletin.

Summary of the rule or change:

A summary of the rule changes are as follows: 1) in Subsection R710-10-2(2.9), the board proposes to strike the definition of Hazardous Material and transfer it to Rule R710-12; and 2) in Section R710-10-7, the board proposes to strike the entire section that creates the Hazardous Materials Advisory Council and transfer it to the newly created Rule R710-12.

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 these changes are just removing two sections from one rule and placing the exact same verbiage in a new rule.

local governments:

There is no aggregate anticipated cost or savings to local government because these proposed changes are eliminating two sections from this rule and placing the exact same verbiage in the newly proposed Rule R710-12.

small businesses and persons other than businesses:

There is no aggregate anticipated cost or savings to small businesses due to the fact that this rule change is moving two sections of the rule to another proposed rule and effects governmental agencies only and does not effect small businesses.

Compliance costs for affected persons:

There is no compliance cost for affected persons in the removal of these two sections of the rule and their transfer to the newly created Rule R710-12.

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

There is no fiscal impact on businesses by this proposed rule change. Scott T. Duncan, Commissioner

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

Public Safety
Fire Marshal
5272 S COLLEGE DR
MURRAY UT 84123-2611

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:

03/03/2008

This rule may become effective on:

03/10/2008

Authorized by:

Ron L. Morris, Utah State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-10. Rules Pursuant to Fire Service Training, Education, and Certification.

R710-10-2. Definitions.

2.1 "Academy" means Utah Fire and Rescue Academy.

2.2 "Academy Director" means the Director of the Utah Fire and Rescue Academy.

2.3 "Administrator" means Fire Service Education Administrator.

2.4 "Board" means Utah Fire Prevention Board.

2.5 "Career Firefighter" means one whose primary employment is directly related to the fire service.

2.6 "Certification Council" means the Fire Service Certification Council.

2.7 "Certification System" means the Utah Fire Service Certification System.

2.8 "Coordinator" means Fire Service Education Program Coordinator.

[ 2.9 "Hazardous Material" means a substance that can be solid, liquid or gas, that when released is capable of creating harm to people, the environment and property and includes weapons of mass destruction as well as illicit labs, environmental crimes, and industrial sabotage.

] 2.[10]9 "Non-Affiliated" means an individual who is not a member of an organized fire department.

2.[11]10 "Plan" means Fire Academy Strategic Plan.

2.[12]11 "SFM" means State Fire Marshal or authorized deputy.

2.[13]12 "Standards Council" means Fire Service Standards and Training Council.

2.[14]13 "UCA" means Utah Code Annotated, 1953.

2.[15]14 "Volunteer/Part-Paid Firefighter" means one whose primary employment is not directly related to the fire service.

 

[R710-10-7. Hazardous Materials Advisory Council.

7.1 There is created by the Board, the Hazardous Materials Advisory Council, whose duties are to provide direction to the Board in matters relating to training and certification of hazardous materials.

7.2 The Hazardous Materials Advisory Council's members shall be appointed by the Board, shall serve four year terms, and shall consist of the following members:

7.2.1 Representative from the career fire service.

7.2.2 Representative from the volunteer fire service.

7.2.3 Representative from the Department of Environmental Quality.

7.2.4 Representative from the Department of Transportation.

7.2.5 Representative from law enforcement.

7.2.6 Representative from the Fire and Rescue Academy.

7.2.7 Representative from the Hazardous Materials Institute.

7.2.8 Representative from the National Guard.

7.2.9 Representative from the Local Emergency Planning Commission (LEPC).

7.2.10 Representative from private industry.

7.3 The Hazardous Materials Advisory Council shall meet quarterly or as directed, and a majority of the members shall be present to constitute a quorum.

7.4 The Hazardous Materials Advisory Council shall select one of its members to act in the position of chair, and another member to act as vice chair. The chair and vice chair shall serve one year terms on a calendar year basis. Elections for chair and vice chair shall occur at the meeting conducted in the last quarter of each calendar year. If voted upon by the council, the vice chair will become the chair the next succeeding calendar year.

7.5 If a Hazardous Materials Advisory Council member has two or more unexcused absences during a 12 month period, from regularly scheduled meetings, it is considered grounds for dismissal pending review by the Board. The Coordinator shall submit the name of the member to the Board for status review.

7.6 A member of the Hazardous Materials Advisory Council that cannot be in attendance, may have a representative of their respective organization attend and vote by proxy for that member or the member may have another council member vote by proxy, if submitted and approved by the Coordinator prior to the meeting.

7.7 The Chair or Vice Chair of the Hazardous Materials Advisory Council shall report to the Board the activities of the council at regularly scheduled Board meetings. The Coordinator may report to the Board the activities of the council in the absence of the Chair or Vice Chair.

7.8 The Hazardous Materials Advisory Council shall consider all subjects presented to them, subjects assigned to them by the Board, and shall report their recommendations to the Board at regularly scheduled Board meetings.

7.9 One-half of the members of the Hazardous Materials Advisory Council shall be reappointed or replaced by the Board every two years.

 

]R710-10-[8]7. Utah Fire and Rescue Academy.

[8]7.1 The primary fire service training school shall be known as the Utah Fire and Rescue Academy.

[8]7.2 The Director of the Utah Fire and Rescue Academy shall report to the Administrator the activities of the Academy with regard to completion of the agreed academy contract.

[8]7.3 The Academy Director may recommend to the Administrator or Coordinator new or expanded standards regarding fire suppression, fire prevention, public fire education, safety, certification, and any other items of necessary interest about the Academy.

[8]7.4 The Academy shall receive approval from the Administrator, after being presented to the Standards and Training Council, any substantial changes in Academy training programs that vary from the agreed contract.

[8]7.5 The Academy Director shall provide to the Coordinator by October 1st of each year, a numerical summary of those career, volunteer/part-paid, and non-affiliated students attending the Academy in the following categories:

[8]7.5.1 Those who have received certification during the previous contract period at each certification level.

[8]7.5.2 Those who have received an academic degree in any Fire Science category in the previous contract period.

[8]7.5.3 Those who have completed other Academy classes during the previous contract period.

[8]7.6 The Academy Director shall provide to the Coordinator by October 1st of each year, a numerical comparison of the categories required in Section 7.5, comparing attendance in the previous contract period.

[8]7.7 The Academy Director shall provide to the Coordinator by October 1st of each year, in accepted budgeting practices, the following:

[8]7.7.1 A cost analysis of classes to include the total spent for each class title, the average cost per class, the number of classes delivered, the number of participants per class title, and the cost per participant for each class title provided by the Academy.

[8]7.7.2 A budget summary comparing amounts budgeted to actual expenditures for each budget code funded by the contract.

[8]7.8 The Academy Director shall provide to the Coordinator by October 1st of each year, a numerical summary of those students attending Academy courses in the following categories:

[8]7.8.1 Non-affiliated personnel enrolled in college courses.

[8]7.8.2 Career fire service personnel enrolled in college credit courses.

[8]7.8.3 Volunteer and part-paid fire service personnel enrolled in college credit courses.

[8]7.8.4 Non-affiliated personnel enrolled in non-credit continuing education courses.

[8]7.8.5 Career fire service personnel enrolled in non-credit continuing education courses.

[8]7.8.6 Volunteer and part-paid fire service personnel enrolled in non-credit continuing education courses.

[8]7.9 The Academy Director shall present to the Coordinator by January of each year, proposals to be incorporated in the Academy contract for the next fiscal year.

 

R710-10-[9]8. Non-Affiliated Fire Service Training.

[9]8.1 Those training organizations that desire to offer certification through the Certification System for non-affiliated personnel must receive approval in writing from the Standards Council and the Academy Director.

[9]8.2 Before approval is granted, the training organization requesting approval shall demonstrate the following:

[9]8.2.1 Complete a written application requesting approval to conduct the training course.

[9]8.2.2 Designate an approved course coordinator to oversee the course delivery and insure the course meets each of the applicable objectives.

[9]8.2.3 Insure that qualified instructors are used to teach each subject.

[9]8.2.4 Insure sufficient student to instructor ratios for all subjects or skills to be taught to include those designated high hazard.

[9]8.2.5 Demonstrate that sufficient equipment and facilities will be provided to meet the training requirements of the course being taught.

[9]8.2.6 Maintain course documentation as required through the Certification System to insure that all elements of the necessary training is completed.

[9]8.2.7 Follow the accepted requirements of the Certification System for requesting testing and certification.

[9]8.3 As required in Section 8.2.2 of these rules, the designated course coordinator shall meet the following requirements:

[9]8.3.1 Be currently certified at the certification level as established by the Standards Council.

[9]8.3.2 Insure that all assigned instructors meet the requirements as required in Section 8.4 of these rules.

[9]8.3.3 Insure that the course syllabus and practical skills guide meet the requirements of the Certification System.

[9]8.3.4 Insure that the requirements of Sections 8.2.4, 8.2.5, 8.2.6, and 8.2.7 of these rules are met.

[9]8.4 As required in Section 8.2.3 of these rules, qualified instructors shall meet the following requirements:

[9]8.4.1 Must be currently certified at the certification level as established by the Standards Council.

[9]8.4.2 If the instructor is not certified, instructor qualification can be satisfied by special knowledge, experience or establishment of expertise.

 

R710-10-[10]9. Repeal of Conflicting Board Actions.

All former Board actions, or parts thereof, conflicting or inconsistent with the provisions of this Board action or of the codes hereby adopted, are hereby repealed.

 

R710-10-[11]10. Validity.

The Utah Fire Prevention Board hereby declares that should any section, paragraph, sentence, or word of this Board action, or of the codes hereby adopted, be declared invalid, it is the intent of the Utah Fire Prevention Board that it would have passed all other portions of this action, independent of the elimination of any portion as may be declared invalid.

 

R710-10-[12]11. Adjudicative Proceedings.

[12]11.1 All adjudicative proceedings performed by the agency shall proceed informally as set forth herein and as authorized by UCA, Sections 63-46b-4 and 63-46b-5.

[12]11.2 A person may request a hearing on a decision made by the SFM, his authorized deputies, or the LFA, by filing an appeal to the Board within 20 days after receiving final decision.

[12]11.3 All adjudicative proceedings, other than criminal prosecution, taken by the SFM, his authorized deputies, or the LFA, to enforce the Utah Fire Prevention and Safety Act and these rules, shall commence in accordance with UCA, Section 63-46b-3.

[12]11.4 The Board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

[12]11.5 The Board shall direct the SFM to issue a signed order to the parties involved giving the decision of the Board within a reasonable time of the hearing pursuant to UCA, Section 63-46b-5(i).

[12]11.6 Reconsideration of the Board's decision may be requested in writing within 20 days of the date of the decision pursuant to UCA, Section 63-46b-13.

[12]11.7 Judicial review of all final Board actions resulting from informal adjudicative proceedings is available pursuant to UCA, Section 63-46b-15.

 

KEY: fire training

Date of Enactment or Last Substantive Amendment: [November 8, 2006]March 10, 2008

Authorizing, and Implemented or Interpreted Law: 53-7-204