No. 29422 (Amendment): R710-2. Rules Pursuant to the Utah Fireworks Act

DAR File No.: 29422
Filed: 01/16/2007, 09:14
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met on 01/09/2007 in a regularly scheduled Board meeting and voted unanimously to make two amendments to the rule by updating the adopted fire code and changing the minimum age to be involved as a display or special effects pyrotechnics operator.

Summary of the rule or change:

The proposed rule amendments to Rule R710-2 are as follows: 1) in Subsection R710-2-1(1.1), the Board proposes to update the currently adopted International Fire Code from the 2003 edition to the 2006 edition; and 2) in Subsection R710-2-7(7.15), the Board proposes to change the age to secure an importer, wholesaler, display, or special effects operator license from 18 years of age to 21 years of age to be consistent with the currently adopted national standards and the Utah pyrotechnics industry's desires.

State statutory or constitutional authorization for this rule:

Section 53-7-204

This rule or change incorporates by reference the following material:

International Fire Code, 2006 edition, as published by the International Code Council

Anticipated cost or savings to:

the state budget:

There would be a cost of approximately $60 to purchase the newly adopted 2006 edition of the International Fire Code. The aggregate anticipated cost would be approximately $4,000 to purchase enough of the fire codes for state use.

local governments:

There would be a cost of approximately $60 to purchase the newly adopted 2006 edition of the International Fire Code. The aggregate anticipated cost would be impossible to determine due to the unknown number of fire codes to be purchased by each local government agency and the number of local government agencies that would purchase the fire code.

other persons:

There would be no aggregate cost or savings to other persons because this update of the fire code as an incorporated reference does not normally effect those outside of government. However, for those who wish to purchase the 2006 edition of the International Fire Code, there will be a cost of $60.

Compliance costs for affected persons:

There would be an approximate cost of $60 to purchase the 2006 edition of the International Fire Code.

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

There is no fiscal impact on businesses for the enactment of these proposed rule changes. 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 [e-mail]

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:

03/05/2007

This rule may become effective on:

03/12/2007

Authorized by:

Ron L. Morris, Utah State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

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

R710-2-1. Adoption.

Pursuant to Title 53, Chapter 7, Section 204, Utah Code Annotated 1953, the Utah Fire Prevention Board adopts rules establishing minimum safety standards for retail storage, handling, and sale of class C common state approved explosives; minimum requirements for placement and discharge of display fireworks; and requirements for importer, wholesaler, display or special effects operator licenses.

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

1.1 International Fire Code (IFC), [2003]2006 edition, as published by the International Code Council, Inc. (ICC), except as amended by provisions listed in R710-2-9, et seq.

1.2 National Fire Protection Association (NFPA), Standard 1123, Code for Fireworks Display, 2006 edition, as published by the National Fire Protection Association, except as amended by provisions listed in R710-2-9, et seq.

1.3 National Fire Protection Association (NFPA), Standard 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience, 2006 edition, as published by the National Fire Protection Association, except as amended by provisions listed in R710-2-9, et seq.

1.4 Copies of the above codes are on file in the Office of Administrative Rules and the State Fire Marshal's Office.

 

R710-2-7. Importer, Wholesaler, Display or Special Effects Operator Licenses.

7.1 Application for a importer, wholesaler, display or special effects operator license shall be made in writing on forms provided by the SFM.

7.2 Application for a license shall be signed by the applicant. If the application is made by a partnership, it shall be signed by all partners. If the application is made by a corporation or association, it shall be signed by a principal officer.

7.3 Original licenses shall be valid from the date of issuance through December 31st of the year in which issued. Licenses issued on or after October 1st, will be valid through December 31st of the following year.

7.4 Application for renewal of license shall be made before January 1st of each year. Application for renewal shall be made in writing on forms provided by the SFM.

7.5 The SFM may refuse to renew any license pursuant to Section 8 of these rules. The applicant, upon such refusal, shall also have those rights as are granted by Section 8 of these rules.

7.6 Every licensee shall notify the SFM, in writing, within thirty (30) days, of any change of his address or location.

7.7 No licensee shall conduct his licensed business under a name other than the name which appears on his license.

7.8 No license shall be issued to any person as licensee who is under eighteen (18) years of age.

7.9 The holder of any license shall submit such license for inspection upon request of the SFM, his duly authorized deputies, or any authorized enforcement official.

7.10 Every person who wishes to secure a display or special effects operator original license shall demonstrate proof of competence by:

7.10.1 Successfully passing a closed book written examination and obtaining a minimum grade of seventy percent (70%).

7.10.2 Submit written verification with the application of having completed a display or special effects operators safety class or demonstrate previous experience acceptable to the SFM.

7.10.3 Submit written verification with the application that the applicant has worked with a licensed display or special effects operator for at least three shows or demonstrate previous experience acceptable to the SFM.

7.11 The written examination stated in Section 7.10(a) shall be valid for five years from the date of the examination.

7.12 At the end of the five year period the licensed display or special effects operator shall take a re-examination. The re-examination shall be open book and sent to the license holder at least 60 days before the renewal date. The re-examination shall focus on the changes in the last 5 years to the adopted standards. The license holder is responsible to complete the re-examination and return it to the Division in time to renew and also comply with the requirements listed in Section 7.13.

7.13 After the issuance of the original license, and each year thereafter, the display or special effects operator shall complete a minimum of one fireworks performance annually or attend an operator safety class annually or work with another licensed display or special effects operator with a show annually to demonstrate proof of competence.

7.14 When the license has expired for more than one year, an application shall be made for an original license and the initial requirements shall be completed as required in Section 7.10 of these rules.

7.15 Every person who wishes to secure an importer, wholesaler, display or special effects operators license shall be at least [18]21 years of age.

7.16 Every licensed display or special effects operator shall complete the Pyrotechnician's After Action Report for Fireworks Display form within ten (10) working days after the conclusion of any display or special effects show and send it to the State Fire Marshal.

 

KEY: fireworks

Date of Enactment or Last Substantive Amendment: [September 7, 2006]March 12, 2007

Notice of Continuation: June 11, 2002

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