No. 29677 (Amendment): R710-1. Concerns Servicing Portable Fire Extinguishers

DAR File No.: 29677
Filed: 03/15/2007, 11:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board authorized by majority vote on 01/09/2007 to amend Rule R710-1 by updating an incorporated reference and making certain corrections to the rule.

Summary of the rule or change:

The summary of the rule changes are as follows: 1) in Subsection R710-1-1(1.1), the Board proposes to update NFPA, Standard 10, Standard for Portable Fire Extinguishers, from the currently adopted 2002 edition to the 2007 edition; and 2) in Section R710-1-8, several deletions are proposed to make the rule consistent with the newly adopted incorporated reference.

State statutory or constitutional authorization for this rule:

Section 53-7-204

This rule or change incorporates by reference the following material:

National Fire Protection Association (NFPA) Standard 10, Standard for Portable Fire Extinguishers, 2007 edition

Anticipated cost or savings to:

the state budget:

There would be an aggregate anticipated cost of approximately $165 to purchase the newly adopted regulatory standard.

local governments:

There would be no aggregate anticipated cost or savings to local government because this rule change does not affect the functioning of local government.

other persons:

There would be an aggregate anticipated cost to other persons of approximately $3,300 to purchase the needed standard. There are approximately 100 portable fire extinguisher servicing companies in the state that would need to purchase at least one updated standard for each company. There could be further purchases of the standard per company if the company desires to do so.

Compliance costs for affected persons:

The only compliance cost for affected persons would be approximately $33 per standard to purchase the 2007 edition of NFPA Standard 10.

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

The only fiscal impact on businesses would be the cost to purchase the newly updated NFPA 10 at a cost of $33 per standard. It is normally the consent of the industry to use the most up to date standard available. 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:

05/01/2007

This rule may become effective on:

05/08/2007

Authorized by:

Ron L. Morris, Utah State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-1. Concerns Servicing Portable Fire Extinguishers.

R710-1-1. Adoption, Title, Purpose, and Prohibitions.

Pursuant to Section 53-7-204, Utah Code Annotated 1953, the Utah Fire Prevention Board adopts minimum rules to provide regulation to those concerns that service Portable Fire Extinguishers.

There is adopted as part of these rules the following code which is incorporated by reference:

1.1 National Fire Protection Association (NFPA), Standard 10, Standard for Portable Fire Extinguishers, [2002]2007 edition, except as amended by provisions listed in R710-1-8, et seq.

1.2 A copy of the above mentioned standard is on file in the Office of Administrative Rules and the State Fire Marshal's Office.

1.3 Validity.

If any section, subsection, sentence, clause, or phrase, of these rules is, for any reason, held to be unconstitutional, contrary to statute, or exceeding the authority of the SFM, such decision shall not affect the validity of the remaining portion of these rules.

1.4 Order of Precedence.

In the event of any difference between these rules and any adopted reference material, the text of these rules shall govern. When a specific provision varies from a general provision, the specific provision shall apply.

 

R710-1-8. Amendments and Additions.

8.1 Restricted Service.

Any extinguisher requiring a hydrostatic test as required, shall not be serviced until such extinguisher has been subjected to, and passed the required hydrostatic test.

8.2 Service.

At the time of installation, and at each annual inspection, all servicing shall be done in accordance with the manufacturer's instructions, adopted statutes, and these rules. Extinguishers shall be placed in an operable condition, free from defects which may cause malfunctions. Nozzles and hoses shall be free of obstructions or substances which may cause an obstruction.

8.3 Seals or Tamper Indicator.

Seals or tamper indicators shall be constructed of approved plastic or non-ferrous wire which can be easily broken, and so arranged that removal cannot be accomplished without breakage. Such seals or tamper indicators shall be used to retain the locking pin in a locked position. Seals or tamper indicators shall be removed annually to ensure that the pull pin is free.

8.4 New Extinguishers

A new extinguisher that has the date of manufacture printed on the label by the manufacturer, or date of manufacture stamped on the extinguisher by the manufacturer, does not require a service tag attached to the extinguisher until one year after the date of manufacture.

[ 8.5 Class K Portable Fire Extinguishers

NFPA, Standard 10, Section 2-3.2 and Section 2-3.2.1, 1998 edition, is deleted and replaced with the following:

8.5.1 Class K labeled portable fire extinguishers shall be provided for the protection of commercial food heat-processing equipment using vegetable or animal oils and fat cooking media. A placard shall be provided and placed above the Class K portable fire extinguisher that states that if a fire protection system exists, it shall be activated prior to use of the Class K portable fire extinguisher.

] 8.5[.2] Those existing sodium or potassium bicarbonate dry-chemical portable fire extinguishers, having a minimum rating of 40-B, and specifically placed for protection of commercial food heat-processing equipment, may remain in the kitchen to be used for other applications, except the protection of commercial food heat-processing equipment using vegetable or animal oils or fat cooking media.[

8.6 NFPA, Standard 10, Section 6.3.1 is amended to add the following: Fire extinguishers that are connected to a supervised listed electronic monitoring system are allowed to have the maintenance intervals extended to three years.]

 

KEY: fire prevention, extinguishers

Date of Enactment or Last Substantive Amendment: [September 7, 2006]May 8, 2007

Notice of Continuation: June 10, 2002

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