DAR File No. 31787

Public Safety, Fire Marshal

R710-9

Rules Pursuant to the Utah Fire Prevention Law

NOTICE OF PROPOSED RULE

DAR File No.: 31787
Filed: 07/31/2008, 08:34
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 unanimous vote to add an additional member to the Fire Advisory and Code Analysis Committee and make some statutory citation changes in Rule R710-9.

Summary of the rule or change:

The Board proposes to make the following rule changes: 1) in Subsection R710-9-7(7.2.7), the Board proposes to add an additional member to the Fire Advisory and Code Analysis Committee representing Forestry, Fire and State Lands; and 2) in Section R710-9-12, the Board proposes to change the code citations as a response to H.B. 63 in the 2008 Legislative Session to match the recodification of Title 63. (DAR NOTE: H.B. 63 (2008) is found at Chapter 382, Laws of Utah 2008, and was effective 05/05/2008.)

State statutory or constitutional authorization for this rule:

Section 53-7-204

Anticipated cost or savings to:

the state budget:

There could be a very small aggregate fiscal impact noted to the Division of Forestry, Fire and State Lands with the addition of the new committee member to attend the committee meetings of the Fire Advisory and Code Analysis Committee. It would be approximately $500 per year for this addition.

local governments:

There is no aggregate anticipated cost or savings to local government because these changes are for the addition of a state committee and changes to code citations. This has no effect on local governments in the State of Utah.

small businesses and persons other than businesses:

There is no aggregate anticipated cost or savings to small businesses because this proposed change adds a committee member and makes code citation corrections and does not affect small businesses.

Compliance costs for affected persons:

There could be a small compliance cost of approximately $500 to the Division of Forestry, Fire and State Lands to have their new member of the Fire Advisory and Code Analysis Committee attend the committee meetings.

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

There is no fiscal impact to businesses with the proposed changes in this rule. These proposed rule changes do not affect business in any way. 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:

09/15/2008

This rule may become effective on:

09/22/2008

Authorized by:

Ron L. Morris, Utah State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-9. Rules Pursuant to the Utah Fire Prevention Law.

R710-9-7. Fire Advisory and Code Analysis Committee.

7.1 There is created by the Board a Fire Advisory and Code Analysis Committee whose duties are to provide direction to the Board in the matters of fire prevention and building codes.

7.2 The committee shall serve in an advisory position to the Board, members shall be appointed by the Board, shall serve for a term of three years, and shall consist of the following members:

7.2.1 A representative from the State Fire Marshal's Office.

7.2.2 The Code Committee Chairman of the Fire Marshal's Association of Utah.

7.2.3 A fire marshal or fire inspector from a local fire department or fire district.

7.2.4 A representative from the Department of Health.

7.2.5 The Chief Elevator Inspector from the Utah Labor Commission.

7.2.6 A representative from the Department of Human Services.

7.2.7 A representative from Forestry, Fire and State Lands.

7.3 This committee shall join together with the Uniform Building Code Commission Fire Protection Advisory Committee to form the Unified Code Analysis Council.

7.4 The Council shall meet as directed by the Board or as directed by the Building Codes Commission or as needed to review fire prevention and building code issues that require definitive and specific analysis.

7.5 The Council shall select one of it's members to act in the position of chair and another to act as vice chair. The chair and vice chair shall serve for 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 the calendar year.

7.6 The chair or vice chair of the council shall report to the Board or Building Codes Commission recommendations of the Council with regard to the review of fire and building codes.

 

R710-9-12. Adjudicative Proceedings.

12.1 All adjudicative proceedings performed by the agency shall proceed informally as set forth herein and as authorized by UCA, Sections [63-46b-4] 63G-4-202 and [63-46b-5]63G-4-203.

12.2 If a city, county, or fire protection district refuses to establish a method of appeal regarding a portion of the IFC, the appealing party may petition the Board to act as the board of appeals.

12.3 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.

12.4 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]63G-4-201.

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

12.6 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)]63G-4-203.

12.7 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]63G-4-302.

12.8 Judicial review of all final Board actions resulting from informal adjudicative proceedings is available pursuant to UCA, Section [63-46b-15]63G-4-402.

 

KEY: fire prevention, law

Date of Enactment or Last Substantive Amendment: [March 10, 2008]September 22, 2008

Notice of Continuation: June 8, 2007

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