DAR File No. 30918

Public Safety, Fire Marshal

R710-2-4

Indoor Sales

NOTICE OF PROPOSED RULE

DAR File No.: 30918
Filed: 01/15/2008, 09:59
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met in a regularly scheduled Board meeting on 01/08/2008 and the Board voted unanimously to amend Rule R710-2 to establish a limit on the amount of fireworks that can be displayed for sale inside of a retail occupancy.

Summary of the rule or change:

A summary of the rule change are as follows: 1) in Subsection R710-2-4(4.5), the board proposes to allow in a building protected throughout with an automatic fire sprinkler system to display not more than 25 percent of the retail sales area or exceed 600 square feet, whichever is less, to display Class C common state approved explosives for retail sale; 2) in Subsection R710-2-4(4.6), the board proposes to limit the amount of fireworks for sale in a building not protected with an automatic fire sprinkler system to 125 pounds of pyrotechnic composition; 3) in Subsection R710-2-4(4.7), the board proposes to limit the height of fireworks for sale to not exceed six feet; and 4) in Subsection R710-2-4(4.8), the board proposes to not allow fireworks inside of buildings to be stored in rack storage.

State statutory or constitutional authorization for this rule:

Section 53-7-204

Anticipated cost or savings to:

the state budget:

There would be no aggregate anticipated cost or savings to the state budget because this proposed amendment will not require efforts by the state to monitor the amount of fireworks storage in retail occupancies.

local governments:

There could be an aggregate anticipated cost of approximately $1,000 per local government agency to oversee the reduced amount of fireworks storage in the retail occupancies in their local communities. The cost would depend on the amount of enforcement already considered normal in the regulation of fireworks displayed inside of buildings. Trying to establish a total aggregate cost to local government agencies is impossible due to the unknown communities that will increase or begin monitoring the amount of fireworks storage inside of retail occupancies during the holiday periods.

small businesses and persons other than businesses:

The aggregate anticipated cost to small businesses would depend on whether the business was protected with an automatic fire sprinkler system. Those businesses not protected with an automatic fire sprinkler system might have to rent an outside storage container if the small business wishes to house more than two pallets of fireworks inside the retail occupancy. It could have an aggregate anticipated cost of approximately $1,000 per retail occupancy.

Compliance costs for affected persons:

There could be a cost from $1,000 to $3,000 to rent outside storage containers to house fireworks that would be more than allowed inside the retail occupancy. Retail occupancies that are fire-sprinklered can have 30 to 35 pallets for retail display and sale inside the store. Non-fire-sprinklered retail occupancies are allowed two pallets of fireworks for retail display inside the store. Any overages of storage would require outside container storage at approximately $1,000 per container that would be rented during the holiday period.

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

There could be a fiscal impact on businesses of approximately $1,000 to rent an outside storage container for the holiday period if the retail agency is not protected with an automatic fire sprinkler system and the retail occupancy wishes to house more than two pallets of fireworks inside the retail store. Each pallet of fireworks weighs approximately 400 pounds. 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.

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

R710-2-4. Indoor Sales.

4.1 Display of class C common state approved explosives inside of buildings shall be so located to ensure constant visual supervision.

4.2 In all retail sales locations in permanent structures, the area where class C common state approved explosives are displayed or stored shall be at least 50 feet from any flammable liquid or gas, or other highly combustible material.

4.3 In permanent structures, retail sales displays of Class C common state approved explosives shall not be placed in locations that would impede egress from the building.

4.4 Class C common state approved explosives shall only be stored, handled, displayed, and sold as packaged units, with unexposed fuses, within a permanent structure.

4.5 Display of Class C common state approved explosives inside of buildings protected throughout with an automatic fire sprinkler system shall not exceed 25 percent of the area of the retail sales floor or exceed 600 square feet, whichever is less.

4.6 Display of Class C common state approved explosives inside of buildings not protected with an automatic fire sprinkler system shall not exceed 125 pounds of pyrotechnic composition. Where the actual weight of the pyrotechnic composition is not known, 25 percent of the gross weight of the consumer fireworks, including packaging, shall be permitted to be used to determine the weight of the pyrotechnic composition.

4.7 Display of Class C common state approved explosives inside of buildings shall not exceed a height greater than six feet above the floor surface.

4.8 Rack storage of Class C common state approved explosives inside of buildings is prohibited.

 

KEY: fireworks

Date of Enactment or Last Substantive Amendment: [March 12, 2007]March 10, 2008

Notice of Continuation: June 4, 2007

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