No. 42261 (New Rule): Rule R710-14. Food Truck Licensing and Regulation

(New Rule)

DAR File No.: 42261
Filed: 10/24/2017 09:20:47 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule was written and approved by the Utah Fire Prevention Board to comply with Subsection 53-7-204(1)(b)(x). In this subsection, the Board is directed by law to subject to the state fire code, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and establish criteria for the fire safety inspection of a food truck.

Summary of the rule or change:

This rule establishes definitions for terms used in the rule, sets qualifications for those that can perform a fire safety inspection of a food truck, establishes an inspection procedure and criteria, establishes an inspection check list for uniformity, specifies criteria for an approval sticker, and adds the requirement for a liquefied petroleum gas detector.

Statutory or constitutional authorization for this rule:

• Subsection 11-56-04(4)(a)
• Subsection 53-7-204(1)(b)(x)

Anticipated cost or savings to:

the state budget:

This rule will have no affect on state budget. No new requirements have been added to state agencies. The cost of the sticker used to indicate compliance will be absorbed in the current State Fire Marshal budget.

local governments:

No new requirements have been imposed on local governments. The fire safety inspection is part of the business license requirement and was being done previous to this rule. This rule establishes definitions for terms used in the rule, sets qualifications for those that can perform a fire safety inspection of a food truck, establishes an inspection procedure and criteria, establishes an inspection check list for uniformity, specifies criteria for an approval sticker, and adds the requirement for a liquefied petroleum gas detector.

small businesses:

The cost of a portable liquefied petroleum gas detector for this application, based on searches on Amazon and Google, runs between $20 and $185. It is anticipated that the average cost per food truck will be $100. It is estimated that there are 318 small business food trucks in the state with an impact of $31,800.

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

No one other than food truck owner/operators will be affected by this rule. This rule establishes definitions for terms used in the rule, sets qualifications for those that can perform a fire safety inspection of a food truck, establishes an inspection procedure and criteria, establishes an inspection check list for uniformity, specifies criteria for an approval sticker, and adds the requirement for a liquefied petroleum gas detector. It is estimated that 29 food trucks operated by companies, other than small businesses, will have an impact of $2,900.

Compliance costs for affected persons:

This rule adds the requirement for a liquefied petroleum gas detector to be installed in each food truck. All other requirements for fire safety in food trucks are currently in state law. The cost of a portable liquefied petroleum gas detector for this application, based on searches on Amazon and Google, runs between $20 and $185. It is anticipated that the average cost per food truck will be $100. As these devices are simple to install, no installation costs have been added to the cost of the detector. It is anticipated that this will only impact small businesses. The Fire Marshal's office is not aware of any business with more than 50 employees operating a food truck. Chain restaurants operating food trucks are individual franchises as far as the Fire Marshal's office is able to ascertain: 1) direct fiscal cost -- $100 each totaling $34,700; 2) indirect fiscal cost -- not applicable; 3) direct non-fiscal cost -- not applicable; 4) indirect non-fiscal cost -- not applicable; 5a) direct fiscal benefit -- this device has the potential to alert the owner/operator to a catastrophic problem before it becomes an emergency. Repairs are likely to be as simple as tightening a loose gas line fitting. This could easily result in a savings to the owner of over $100,000; 5b) the retailer selling the detector will profit from the sale; 6) indirect fiscal benefit -- this device has the potential to alert the owner/operator to a catastrophic problem before it becomes an emergency. This preserves the value of wages to the employees and protects the tax base for the community; 7) direct non-fiscal benefit -- this device has the potential to alert the owner/operator to a catastrophic problem before it becomes an emergency. Explosions in food trucks with gas leaks have resulted in injury and death. The cost of potential medical bills and possibly funerals is impossible to calculate. It is safe to say that these costs would be well in excess of $100; 8) indirect non-fiscal benefit -- this device has the potential of saving lives both of the owner/ operator and the public.

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

This rule was written and approved by the Utah Fire Prevention Board to comply with Subsection 53-7-204(1)(b)(x). In this subsection, the Board is directed by law to make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act establishing criteria for the fire safety inspection of a food truck. This rule establishes definitions for terms used in the rule, sets qualifications for those that can perform a fire safety inspection of a food truck, establishes an inspection procedure and criteria, establishes an inspection check list for uniformity, specifies criteria for an approval sticker, and adds the requirement for a liquefied petroleum gas detector. The anticipated cost for each food truck resulting from this rule is $100. The Fire Marshal's Office has contacted Salt Lake, Utah, Davis, Weber, and Morgan County Health departments for a count of food trucks in their areas. Their information indicates that there are 249 small businesses operating 292 food trucks in these counties. The Fire Marshal's Office used Firm Find data to estimate the number of food trucks in the rest of the state. The Fire Marshal's Office estimates that there are 24 small businesses operating 26 food trucks in the rest of the state. Other than small businesses, there are 6 companies operating 29 additional food trucks in the state. The total estimated impact on small businesses in the state is $31,800. Impact on other companies operating food trucks is estimated at $2,900. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: The above analysis represents the Department of Public Safety's best estimate as to the fiscal impact this rule amendment will have 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:

• Coy Porter at the above address, by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at [e-mail]
• 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:

12/15/2017

This rule may become effective on:

12/22/2017

Authorized by:

Coy Porter, State Fire Marshal

RULE TEXT

Appendix: Regulatory Impact Analysis for Small and Non-Small Businesses

FY 2018

FY 2019

FY 2020

Fiscal Costs

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$31,800

$0

$0

Non-Small Businesses

$2,900 per truck

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Costs:

$100 per truck

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

 

R710. Public Safety, Fire Marshal.

R710-14. Food Truck Licensing and Regulation.

R710-14-1. Purpose.

The purpose of this rule is to establish criteria for the fire safety inspection of a food truck.

 

R710-14-2. Authority.

This rule is authorized by Subsections 53-7-204(1)(b)(x) and 11-56-104(4)(a).

 

R710-14-3. Definitions.

(1) "Authority Having Jurisdiction (AHJ)" means the State Fire Marshal, his duly authorized deputies, or the local fire enforcement authority;

(2) "board" means Utah Fire Prevention Board;

(3) "certified inspector" means a person who meets the qualifications listed in this Rule to conduct food truck fire safety inspections;

(4) "inspection" means a fire safety inspection of a food truck; "food truck" means the definition found in Section 11-56-102(3);

(5) "food truck operator" means the definition found in Section11-56-102(5);

(6) "LPG" means liquefied petroleum gas; and

(7) "SFM" means State Fire Marshal or authorized deputy.

 

R710-14-4. Certified Inspector Qualifications.

(1) Only a certified inspector may conduct an inspection.

(2) A certified inspector shall be affiliated with a AHJ as an employee.

(3) A certified inspector shall hold a current Utah State Inspector 1 certificate and complete the food truck fire safety inspection training approved by the SFM.

 

R710-14-5. Inspection Procedures and Criteria.

(1) The AHJ shall use the inspection check list approved by the Board.

(2) A food truck shall comply with the following standards to pass inspection:

(a) no patrons are allowed inside the food truck;

(b) patron seating may not be located within any food truck or mobile or temporary cooking vehicle;

(c) gas fired appliances shall be secured to the food truck;

(d) generators may be used according to their listing and are not required to be mounted on the food truck; and

(e) a listed LPG liquid petroleum gas detector shall be installed in the truck at floor level near the cooking equipment.

(3) The AHJ may re-inspect a food truck, after it has passed an inspection, for the following items:

(a) damage to truck or equipment;

(b) removal or replacement of appliances or other equipment;

(c) additions to the food truck that were not included in the original inspection;

(d) remodel of the food truck;

(e) issues not included in the original inspection such as:

(i) free standing LPG tanks;

(ii) generator location;

(iii) cooking outside;

(iv) exterior seating; or

(v) truck placement;

(f) parking and location;

(g) cleanliness issues that create a potential fire hazard such as an accumulation of grease;

(h) imminent hazards to life or property; or

(i) current tag on fire extinguishing system.

(4) If a food truck passes an inspection, the AHJ will provide the food truck operator with a fire safety inspection sticker.

 

R710-14-6. Inspection Stickers.

(1) The SFM will provide inspection stickers to an AHJ. No other stickers may be used to indicate approval.

(2) The food truck operator shall place the inspection sticker inside the rear most door of the food truck.

(3) The inspection sticker is valid for one year from the date of the inspection.

 

R710-14-7. Conflicts.

In the event where separate requirements pertain to the same situation in the same code, or between different codes as adopted, the more restrictive requirement shall govern, as determined by the AHJ.

 

KEY: fire prevention, food trucks

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 53-7-204; 11-56-104(4)(a)

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