No. 34128 (Emergency Rule): Rule R710-9. Rules Pursuant to the Utah Fire Prevention Law

DAR File No.: 34128
Filed: 09/30/2010 04:38:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Fire Prevention Board directed that a 120-Day (Emergency) Filing be enacted that amends the rule to prohibit the use of antifreeze in new construction in residences and dwelling unit portions of occupancies because of the concern of the ignition of the antifreeze in the fire sprinkler system. The Board also proposes to require that existing automatic fire sprinkler systems that are drained shall be refilled with a maximum amount of antifreeze depending on the type of antifreeze selected.

Summary of the rule or change:

In Subsection R710-9-1(1.4), the Board proposes to adopt as an incorporated reference the 2009 International Fire Code as adopted and amended by the Utah State Legislature. In Subsections R710-9-10(10.1), (10.2), and (10.3), the Board proposes to prohibit in new construction the use of antifreeze in automatic fire sprinkler systems in residences and dwelling unit portions of occupancies. In Subsection R710-9-10(10.4), the Board proposes to require that existing automatic fire sprinkler systems that are drained of the antifreeze can only be refilled to a maximum concentration of 40% propylene glycol or a maximum concentration of 50% glycerin.

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare.

Justification: There have been two cases of ignition of the antifreeze used in the fire sprinkler system when a fire occurred and the sprinkler head fused. Both fires caused injury and death to the occupants. The latest fire occurred in Herriman, Utah, badly burning a mother and small son. The occurrence is small and rare but under certain specific conditions, you can have spraying fire when the fire sprinkler fuses with antifreeze. The fire ignites the alcohol in the antifreeze which burns the occupants. The length of the fire is quite short before the continued spray extinguishes the fire, but damage to human skin and other key elements such as lungs is disastrous.

State statutory or constitutional authorization for this rule:

• Subsection 53-7-106(5)
• Section 53-7-204

This rule or change incorporates by reference the following material:

• Adds International Fire Code, published by International Code Council, Inc., 03/01/2009

Anticipated cost or savings to:

the state budget:

There would be no aggregate anticipated cost or savings to the state budget because these amendments do not affect the activities of the state.

local governments:

There would be no aggregate anticipated cost or savings to local government because these amendments do not affect the activities of local government.

small businesses:

There would be an aggregate anticipated cost to small businesses of approximately $50 per fire sprinkler head to install fire sprinkler systems in residences. The 25% increase per head would be to redesign the fire sprinkler system so that the usage of antifreeze is not required for freezing or a dry or preaction system would be installed. A total aggregate amount of increase for an average home would be approximately $1,000.

persons other than small businesses, businesses, or local governmental entities:

There would be an aggregate anticipated cost to persons other than small businesses of approximately $50 per fire sprinkler head to install fire sprinkler systems in residences. The 25% increase per head would be to redesign the fire sprinkler system so that the usage of antifreeze is not required for freezing or a dry or preaction system would be installed in the areas of the residence where it would freeze. A total aggregate amount of increase for an average home would be approximately $1,000 on a fire sprinkler system that usually would have approximately 20 heads.

Compliance costs for affected persons:

The compliance cost for affected persons would be an approximate $50 increase per fire sprinkler head to redesign the automatic fire sprinkler system that would not require the use on antifreeze to prevent freezing of the lines which would increase the cost to install an automatic fire sprinkler system about 25% more than it currently costs.

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

There would be an approximate increase of 25% in the installation of automatic fire sprinkler systems in the State of Utah. The continued use of large antifreeze systems in automatic fire sprinkler systems has now proven to be a life threatening hazard to the occupants of the residence. Under specific conditions, when the automatic fire sprinkler system opens, the fire can ignite the antifreeze and cause a spraying type fire for a very short period of time. Even with the 25% increase in installation costs, this amendment needs to be enacted to prevent the burning injuries or death caused in this very rare situation.

D. Lance Davenport, 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 [e-mail]

This rule is effective on:

10/01/2010

Authorized by:

Ron Morris, Utah State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

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

R710-9-1. Title, Authority, and Adoption of Codes.

1.1 These rules shall be known as the "Rules Pursuant to the Utah Fire Prevention Law", and may be cited as such, and will be hereafter referred to as "these rules".

1.2 These rules are promulgated in accordance with Title 53, Chapter 7, Section 204, Utah Code Annotated 1953, as amended.

1.3 These rules are adopted by the Utah Fire Prevention Board to provide minimum rules for safeguarding life and property from the hazards of fire and explosion, for board meeting conduct, procedures to amend incorporated references, establishing board subcommittees, enforcement of the rules of the State Fire Marshal, and deputizing Special Deputy State Fire Marshals.

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

1.4.1 International Fire Code (IFC), 2009 edition, excluding appendices, as published by the International Code Council, Inc. (ICC), and as enacted and amended by the Utah State Legislature in Sections 102 and 201 of the State Fire Code Adoption Act, except as amended by provisions listed in R710-9-10, et seq.

1.5 Copies of the above code are on file in the Office of Administrative Rules and the Office of the State Fire Marshal.

 

R710-9-10. Amendments and Additions.

The following amendments and additions are hereby adopted by the Board for application statewide:

10.1 IFC, Chapter 9, Section 903.3.1.1 is amended by adding the following subsection: 903.3.1.1.2 Antifreeze Prohibited. The use of antifreeze in automatic sprinkler systems in new construction is prohibited in the dwelling unit portion of an occupancy installed in accordance with NFPA 13.

10.2 IFC, Chapter 9, Section 903.3.1.2 is amended by adding the following subsection: 903.3.1.2.2 Antifreeze Prohibited. The use of antifreeze in automatic sprinkler systems in new construction is prohibited in the dwelling unit portion of an occupancy installed in accordance with NFPA 13R.

10.3 IFC, Chapter 9, Section 903.3.1.3 is amended by adding the following subsection: 903.3.1.3.1 Antifreeze Prohibited. The use of antifreeze in automatic sprinkler systems in new construction installed in accordance with NFPA 13D is prohibited.

10.4 IFC, Chapter 9, Section 903.5 is amended to add the following subsection: 903.5.1 Antifreeze Replacement. Whenever the automatic sprinkler system protecting residences and dwelling units of mixed occupancies that use antifreeze is drained, the replacement antifreeze shall be properly mixed and tested, but shall not exceed a maximum concentration of 40% propylene glycol or a maximum concentration of 50% glycerin.

 

R710-9-[10] 11 . 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.

 

R710-9-[11]12 . 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.

 

R710-9-[12]13 . Adjudicative Proceedings.

[12]13.1 All adjudicative proceedings performed by the agency shall proceed informally as set forth herein and as authorized by UCA, Sections 63G-4-202 and 63G-4-203.

[12]13.2 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]13.3 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]13.4 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 63G-4-201.

[12]13.5 The Board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

[12]13.6 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 63G-4-203.

[12]13.7 Reconsideration of the Board's decision may be requested in writing within 20 days of the date of the decision pursuant to UCA, Section 63G-4-302.

[12]13.8 Judicial review of all final Board actions resulting from informal adjudicative proceedings is available pursuant to UCA, Section 63G-4-402.

 

KEY: fire prevention, law

Date of Enactment or Last Substantive Amendment: October 1, 2010

Notice of Continuation: June 8, 2007

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

 

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