No. 33839 (Amendment): Rule R710-5. Automatic Fire Sprinkler System Inspecting and Testing

(Amendment)

DAR File No.: 33839
Filed: 07/15/2010 10:01:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met in a regularly scheduled Board meeting on 07/13/2010 and voted to amend Rule R710-5. The Board proposes to correct two publishing errors in the incorporated reference, establish a three- and five-year inspection label to be placed on the fire sprinkler riser, establish acceptable inspection forms, and establish the requirement that a copy of the completed inspection forms be left at the riser.

Summary of the rule or change:

In Subsection R710-5-3(3.1), the Board proposes to add the required statutory reference. In Subsections R710-5-6(6.2) and (6.3), the Board proposes to correct the incorporated reference that mistakenly interchanged the definitions on the two referenced sections. In Subsections R710-5-6(6.4.2) and (6.4.3), the Board proposes to create a three- and five-year inspection label that would be attached to the sprinkler riser so it can be easily determined when these critical inspections were completed. In Subsections R710-5-6(6.5.1), (6.5.2), and (6.5.3), the Board proposes to require that the inspection form presented in the National Fire Protection Association, NFPA 25, be used as the approved inspection form. The Board also proposes to allow the industry to use it's own inspection form if it adequately covers the requirements in NFPA 25, and is approved by the State Fire Marshal. In Subsection R710-5-6(6.5.4), the Board proposes to require that a copy of the inspection forms be left in a waterproof container and affixed to the sprinkler riser.

State statutory or constitutional authorization for this rule:

• Section 53-7-225.5

Anticipated cost or savings to:

the state budget:

There would be no aggregate anticipated cost or savings to the state budget because these proposed changes do not affect the State of Utah's budget.

local governments:

There would be no aggregate anticipated cost or savings to local government because these proposed amendments do no affect local government in any form.

small businesses:

There would be an aggregate anticipated cost to have the three- and five-year labels printed. There would also be a cost to purchase the waterproof containers and the cost to have one additional set of inspection forms be left at the sprinkler riser. The unknown amount of labels printed by each company and the unknown number of waterproof containers purchased make an aggregate cost nearly impossible to state. An estimate of $10,000 for all the companies is the best estimate that can be concluded.

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

There would be a cost of approximately $500 for each company or corporation to provide the initial amount of labels and containers.

Compliance costs for affected persons:

There would be a compliance cost of approximately $500 for the persons responsible for purchasing of three- and five-year labels and waterproof containers. The estimate of $500 could be substantially higher for the larger companies who have many more employees and where the needs for materials are vastly increased.

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

The addition by the Board of the three- and five-year labels to be placed on the fire sprinkler riser and the purchasing of waterproof containers will have a minimal impact on business. The industry sought to have these additional items mandated to know when the inspections need to be completed due to the extra expense and the inspection forms at the sprinkler riser so the next inspecting concern can tell what was completed the year before. The extra cost for the labels and waterproof containers will provide much more professionalism in the industry and be much fairer to the customer. Currently with no label attached, there have been incidences where businesses have paid for three- and five-year inspections sooner than they should have. These requirements will make it much better and save thousands of dollars.

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]

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:

08/31/2010

This rule may become effective on:

09/07/2010

Authorized by:

Ron Morris, Utah State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-5. Automatic Fire Sprinkler System Inspecting and Testing.

R710-5-3. Certificates of Registration.

3.1 Required Certificates of Registration.

No person shall engage in the inspecting and testing of automatic fire sprinkler systems without first receiving a certificate of registration issued by the SFM as required in UCA 53-7-225.5. The following groups are exempted from the requirements of this part:

3.1.1 The AHJ that is performing the initial installation acceptance testing of the automatic fire sprinkler system or ongoing inspections to verify compliance with the adopted NFPA standards and these rules.

3.1.2 The building owner or designee that performs additional periodic inspections beyond the annual inspection required in Section 6.2 of these rules, to satisfy requirements set by company policy, insurance, or risk management.

3.2 Application.

3.2.1 Application for a certificate of registration to inspect and test automatic fire sprinkler systems shall be made in writing to the SFM on forms provided the SFM. The applicant shall sign the application. The SFM or his deputies may request picture identification of the applicant for a certificate of registration.

3.2.2 The applicant shall indicate on the application which of the four technician levels the applicant will apply for:

3.2.2.1 Technician I

3.2.2.2 Technician II

3.2.2.3 Technician III

3.2.2.4 Master Technician

3.2.3 The application for a certificate of registration shall be accompanied with proof of public liability insurance from the certificate holder or employing concern. A public liability insurance carrier showing coverage of at least $100,000 for each incident, and $300,000 in total coverage shall issue the public liability insurance. The certificate of registration holder shall notify the SFM within 30 days after the public liability insurance coverage required is not longer in effect for any reason.

3.3 Technician Examination.

The SFM shall require all applicants for a certificate of registration as a technician to complete the following:

3.3.1 Technician I shall pass a written examination on wet pipe sprinkler systems, antifreeze sprinkler systems, and standpipes, and complete the manipulative skills task book.

3.3.2 Technician II shall pass all the requirements listed for Technician I; pass a written examination on dry pipe sprinkler systems, deluge sprinkler systems, preaction sprinkler systems, combined dry pipe-preaction systems, fire pumps, and water storage tanks, and complete the manipulative skills task book.

3.3.3 Technician III shall pass all the requirements listed for Technician I and II; pass a written examination on water spray fixed systems, foam-water sprinkler systems, and foam-water spray systems, and complete the manipulative skills task book.

3.3.4 Master Technician shall have successfully completed and be certified as NICET III in Inspection and Testing of Water-based Systems, and complete the manipulative skills task book.

3.4 Examinations will be given according to the following requirements:

3.4.1 All certification examinations given are open book examinations. The applicant is allowed to use the statute, the administrative rule, and the NFPA standard that applies to the certification examination. Any other materials to include cellular telephones are prohibited in the examination room.

3.4.2 Completion of the certification examination will not be allowed if it appears to the test administrator that the applicant has not prepared to take the examination.

3.4.3 Each certification examination taken has a time limit of two hours to completion. To successfully pass the written examination, the applicant must obtain a minimum grade of seventy percent (70%). Leaving the office or testing location before the completion of the examination voids the examination and will require the examination to be retaken by the applicant.

3.4.4 If there are different levels of proficiency in the subject matter, the lower proficiency level will be fully completed before the next higher proficiency will be administered.

3.4.5 To successfully complete the manipulative skills task book, all required skill tasks shall be signed as completed by a person duly qualified or certified in that skill.

3.5 As required in 3.3.4, those applicants that have successfully completed the requirements of NICET III, in Inspection and Testing of Water-based Systems, and that corresponds to the work to be performed by the applicant, shall have the requirement for initial written examination waived, after appropriate documentation is provided to the SFM by the applicant.

3.6 Issuance.

Following receipt of the properly completed application, compliance with Section 3.3 of these rules, the SFM shall issue a certificate of registration.

3.7 Original and Renewal Valid Date.

Original certificates of registration shall be valid for one year from the date of application. Thereafter, each certificate of registration shall be renewed annually and renewals shall be valid for one year from issuance.

3.8 Renewal Date.

Application for renewal shall be made as directed by the SFM.

3.9 Re-examination.

Every holder of a valid certificate of registration shall take a re-examination every three years, from date of original certificate, to comply with the provisions of Section 3.3 of these rules as follows:

3.9.1 The re-examination to comply with the provisions of Section 3.3 of these rules shall consist of an open book examination for each level of certification, to be mailed to the certificate holder at least 60 days before the renewal date.

3.9.2 The re-examination will consist of questions that focus on changes in the last three years to the adopted NFPA standards, the statute, and the adopted administrative rules. The re-examination may also consist of questions that focus on practices of concern as noted by the Board or the SFM.

3.9.3 The certificate holder is responsible to complete the re-examination and return it to the SFM in sufficient time to renew.

3.9.4 The certificate holder is responsible to return to the SFM the correct renewal fees to complete that certificate renewal.

3.10 Refusal to Renew.

The SFM may refuse to renew any certificate of registration in the same manner and for any reason that he is authorized, pursuant to Section 7, to deny an original certificate of registration. The applicant shall, upon such refusal, have the same rights as are granted by Section 7 of these rules to an applicant for an original certificate of registration, which has been denied by the SFM.

3.11 Inspection.

The holder of a certificate of registration shall submit such certificate for inspection, upon request of the AHJ.

3.12 Type.

Every certificate of registration shall indicate the type of act or acts to be performed and for which the applicant has qualified as follows:

3.12.1 Technician I: A person who is engaged in the inspection and testing of wet pipe sprinkler systems, antifreeze sprinkler systems, and standpipes.

3.12.2 Technician II: A person who is engaged in the inspection and testing of dry pipe sprinkler systems, deluge sprinkler systems, preaction sprinkler systems, combined dry pipe-preaction systems, fire pumps and water storage tanks.

3.12.3 Technician III: A person who is engaged in the inspection and testing of foam-water sprinkler systems, foam-water spray systems, and water spray fixed systems.

3.12.4 Master Technician: A person who has obtained NICET III certification in Inspection and Testing of Water-based Systems.

3.13 Change of Address.

Any change in home address of any holder of a valid certificate of registration shall be reported in writing, by the registered person to the SFM within 30 days of such change.

3.14 Duplicate.

A duplicate certificate of registration may be issued by the SFM to replace any previously issued certificate, which has been lost or destroyed.

3.15 Minimum Age.

No certificate of registration shall be issued to any person who is under 18 years of age.

3.16 Restrictive Use.

3.16.1 A certificate of registration may be used for identification purposes only as long as such certificate remains valid.

3.16.2 Regardless of the acts authorized to be performed by a licensed concern, only those acts for which the applicant for a certificate of registration has qualified shall be permissible by such applicant.

3.17 Right to Contest.

3.17.1 Every person who takes an examination for a certificate of registration shall have the right to contest the validity of individual questions of such examination.

3.17.2 Every contention as to the validity of individual questions of an examination shall be made within 48 hours after taking said examination.

3.17.3 The decision as to the action to be taken on the submitted contention shall be made by the SFM, and such decision shall be final.

3.17.4 The decision made by the SFM, and the action taken, shall be reflected in all future examinations, but shall not affect the grades established in any past examination.

3.18 Non-Transferable.

Certificates of Registration shall not be transferable. The person to whom issued shall carry individual certificates of registration.

3.19 Certificate of Registration Identification.

Every certificate shall be identified by a number, delineated as AFS-(number). Such number shall not be transferred from one person to another.

3.20 New Employees

New or existing employees desiring to attain a Certificate of Registration may perform the various acts required while under the constant direct supervision of a person holding a valid certificate of registration for a period not to exceed 60 days from the initial date of employment or beginning service in the field.

 

R710-5-6. Amendments and Additions.

6.1 Service.

At the time of service, all servicing shall be done in accordance with the adopted NFPA standard, adopted statutes, and these rules.

6.2 NFPA 25, Chapter 5, Section 5.1, Table 5.1 is amended as follows: On line 16 of the "Inspection" section, the "Obstruction Reference" is changed from 14.2.2 to 14.2.1.

6.3 NFPA 25, Chapter 5, Section 5.1, Table 5.1 is amended as follows: On line one of the "Investigation" section, the "Obstruction Reference" is changed from 14.2.1 to 14.2.2.

6.[2]4 Frequency and Labels

6.4.1 Automatic fire sprinkler systems, standpipes, and fire pumps shall be inspected annually by a person holding a certificate of registration as required in Section 3.1 of these rules.

6.4.2 Automatic fire sprinkler systems that pass the three-year and five-year inspection requirements as required in NFPA 25, Tables 5.1 and 13.1, shall have a label affixed to the riser indicating the specific inspection or inspections that was completed, the month and year those inspections was performed, the person who performed the inspection, and the person performing the inspections certificate of registration number.

6.4.3 The label shall be affixed to the riser using a heatless process, shall be 3 in. X 5 in., shall have the official seal of registration of the SFM affixed to the label, shall be constructed of durable material, and shall be the self-destructive type when removal is attempted.

6.[3]5 Accepted Inspection Forms

6.5.1 [One of the two]Inspection forms listed in NFPA[, Standard] 25, Annex B, Section B.2, shall be used as the accepted inspection forms.

6.5.2 Inspection form format shall be as required in NFPA 25, Annex B, Section B.1 (4)[,].

6.5.3 [or a]A similar equivalent inspection form approved by the SFM [shall]may be used as the accepted forms for inspection, testing , and [inspecting]maintenance of water-based fire [sprinkler]protection systems.

6.5.4 A copy of the completed inspection forms shall be left in a water proof container affixed to the riser.

6.[4]6 New Systems

Newly installed automatic fire sprinkler systems, standpipes, and fire pumps are exempt from the annual testing requirement required in Section 6.2 of these rules, for one year from the approval date of the initial installation acceptance testing.

 

KEY: automatic fire sprinklers

Date of Enactment or Last Substantive Amendment: [May 23, 2008]September 7, 2010

Notice of Continuation: March 28, 2008

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

 

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