DAR File No. 31713

Public Safety, Fire Marshal

R710-13

Reduced Cigarette Ignition Propensity and Firefighter Protection Act

NOTICE OF PROPOSED RULE

DAR File No.: 31713
Filed: 07/15/2008, 03:23
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 07/08/2008, the Utah Fire Prevention Board met in a regularly scheduled Board meeting and voted by motion to enact a new administrative rule to coincide with S.B. 200 that was enacted by the Utah State Legislature in the 2007 session and went into effect on 07/01/2008. This newly created administrative rule establishes acceptable certification and product change requirements, implementation and inspection, and adjudicative proceedings. (DAR NOTE: S.B. 200 (2007) is found at Chapter 362, Laws of Utah 2007, and was effective 07/01/2008.)

Summary of the rule or change:

The creation and enactment of this administrative rule establishes definitions, acceptable alternative test methods from other states, procedures to remove a cigarette brand from the certified list, production of a list or lists of cigarette brands that are legal, and adjudicative proceedings.

State statutory or constitutional authorization for this rule:

Section 53-7-204

Anticipated cost or savings to:

the state budget:

There would be an anticipated savings to the state budget by allowing alternative test methods of other states that are equal to or stricter performance standards to be accepted by the State of Utah. This would save the cost of testing the cigarettes for acceptance.

local governments:

There is no anticipated cost or savings to local government because this proposed new rule does not effect or pertain to the needs of local government.

small businesses and persons other than businesses:

There would be no anticipated cost to small businesses for the enactment of this newly created administrative rule. There would be an anticipated savings to tobacco businesses that would be allowed to use the test results from another state and would not have to go to the expense to test an uncertified cigarette for compliance to the standard.

Compliance costs for affected persons:

There is no compliance cost for the enactment of this rule because this rule allows alternative test methods and sets forth the procedure to remove a cigarette from the certified list. It also creates a list of accepted cigarettes and creates adjudicative proceedings.

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

There is no fiscal impact on businesses with the enactment of this newly created set of administrative rules. 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:

09/02/2008

This rule may become effective on:

09/09/2008

Authorized by:

Ron L. Morris, Utah State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-13. Reduced Cigarette Ignition Propensity and Firefighter Protection Act.

R710-13-1. Adoption, Title, Purpose, and Prohibitions.

Pursuant to Section 53-7-407, Utah Code Annotated 1953, the Utah Fire Prevention Board adopts minimum rules for the enactment of the Reduced Cigarette Ignition Propensity and Firefighter Protection Act.

 

R710-13-2. Definitions.

2.1 "AG" means Attorney General

2.2 "Board" means Utah Fire Prevention Board.

2.3 "NFPA" means National Fire Protection Association.

2.4 "SFM" means State Fire Marshal or authorized deputy.

2.5 "Tax Commission" means the Utah State Tax Commission.

2.6 "UCA" means Utah State Code Annotated 1953 as amended.

 

R710-12-3. Certification and Product Change.

3.1 As required in UCA 53-7-404(1), accepted alternative test methods of other states that are equal to or stricter performance standards as allowed in UCA 53-7-403(4), may also be accepted as meeting the standards established in the statute.

3.2 If the SFM intends to remove a brand from the certified list, it will send a notice of intent to deny to the manufacturer. The notice of intent shall include the following:

3.2.1 The factual and legal deficiencies upon with the SFM intended action rests.

3.2.2 The actions the manufacturer must take to satisfy the factual or legal deficiencies upon with the intended action is based.

3.2.3 The notification that the manufacturer shall have 15 working days to cure the deficiencies and submit documentation or other information to correct the deficiencies. The SFM may extend the time period for a manufacturer to cure the deficiencies.

 

R710-12-4. Implementation and Inspection.

4.1 As required in UCA 53-7-404(3), 53-7-405(6)(c), 53-7-407(2), and 53-7-408, the SFM, AG, and the Tax Commission will cooperate to produce a list or lists of cigarette brands that are legal for sale under any and all statutes of the State of Utah.

 

R710-12-5. Adjudicative Proceedings.

5.1 Adjudicative proceedings performed by the agency shall proceed informally as authorized by UCA, Sections 63G-4-202 and 63G-4-203.

 

KEY: fire safe cigarettes

Date of Enactment or Last Substantive Amendment: September 9, 2008

Authorizing, and Implemented or Interpreted Law: 53-7-407