No. 40519 (Amendment): Rule R710-13. Reduced Cigarette Ignition Propensity and Firefighter Protection Act

(Amendment)

DAR File No.: 40519
Filed: 06/16/2016 09:36:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to reformat the rule to meet the requirements of the Rulewriting Manual, to delete redundant sections, and to make other minor corrections.

Summary of the rule or change:

The rule has been renumbered to meet the requirements of the Rulewriting Manual. The purpose of the rule has been restated to meet the requirements of the Rulewriting Manual. The authority of the rule has been restated to meet the requirements of the Rulewriting Manual. Redundant definitions have been removed. Excerpts from Sections 53-7-404 through 53-7-408 have been removed.

State statutory or constitutional authorization for this rule:

• Section 53-7-407

Anticipated cost or savings to:

the state budget:

There will not be an anticipated cost or savings to the state budget because the changes made to the rule are specific to formatting and other minor changes.

local governments:

There will not be an anticipated cost or savings to local budgets because the changes made to the rule are specific to formatting and other minor changes.

small businesses:

There will not be an anticipated cost or savings to small businesses' budgets because the changes made to the rule are specific to formatting and other minor changes.

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

There will not be an anticipated cost or savings to persons' budgets because the changes made to the rule are specific to formatting and other minor changes.

Compliance costs for affected persons:

There will not be an anticipated cost or savings because the changes made to the rule are specific to formatting and other minor changes.

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

I have reviewed the amendment and found that this rule change will not have a fiscal impact on business.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Safety
Fire MarshalRoom 302
5272 S COLLEGE DR
MURRAY, UT 84123-2611

Direct questions regarding this rule to:

• Ted Black at the above address, by phone at 801-284-6352, by FAX at , or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, 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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Coy Porter, State Fire Marshal

RULE TEXT

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 ]The purpose of this rule is to establish minimum rules for the enactment of the Reduced Cigarette Ignition Propensity and Firefighter Protection Act.

 

R710-13-2. Authority.

This rule is authorized by Section 53-7-407.

 

R710-13-[2]3 . Definitions.

[2.1](1) "AG" means Attorney General

[2.2](2) "Board" means Utah Fire Prevention Board.

[2.3](3) "NFPA" means National Fire Protection Association.

[2.4](4) "SFM" means State Fire Marshal or authorized deputy.

[2.5](5) "Tax Commission" means the Utah State Tax Commission.

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

 

R710-13-[3]4 . 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](1) 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](a) [T]the factual and legal deficiencies upon with the SFM intended action rests[.];

[3.2.2](b) [T]the actions the manufacturer must take to satisfy the factual or legal deficiencies upon with the intended action is based[.];and

[3.2.3](c) [T]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.

 

[R710-13-4. 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.]

 

R710-13-5. Adjudicative Proceedings.

[5.1](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: [November 24, 2008]2016

Notice of Continuation: November 13, 2013

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

 

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