No. 36198 (5-year Review): Rule R710-1. Concerns Servicing Portable Fire Extinguishers

DAR File No.: 36198
Filed: 05/15/2012 03:24:56 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The statutory oversite of those technicians that sell and service portable fire extinguishers and complete hydrostatic testing has been in effect in the State of Utah since the early 1970's. Sections 53-7-216 through 53-7-219 are the specific statutory sections that authorize this oversite. Section 53-7-204 is the statute that authorizes the Utah Fire Prevention Board to regulate the sale and servicing of portable fire extinguishers in the interest of safeguarding lives and property.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

At the 11/10/2009 Fire Prevention Board Meeting, the Board considered the possibility of allowing a technician to be certified to conduct yearly maintenance inspections only for the company or district that the person worked for, without having to purchase all of the required service equipment. The Board directed staff that all the involved portable fire extinguisher companies be polled seeking their response to this possible rule amendment. The Board received a number of responses from the portable fire extinguisher industry stating that this was a very poor idea and would create nothing more than a group of "rag and taggers" as it is known in the industry. At the 01/12/2010 Board meeting, the Board accepted these written comments and listened to other comments on this same issue. At the conclusion of all the written and verbal comments, which were all against this proposed rule amendment, the Board decided to not go forward with the proposed rule amendment and left the rule as it was currently enacted.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The sales and servicing of portable fire extinguishers has been regulated in the State of Utah for the last 40 years and should continue for the next five years. A portable fire extinguisher is the first line of defense to suppress a fire when the fire is in it's incipient stage. The need for a portable fire extinguisher to work correctly is paramount to the early suppression of a fire and stopping of the possibility of a conflagration. If portable fire extinguishers are not serviced at all or not serviced correctly, they will not function in the event of a fire. The agency does not disagree with the comments received about the non-allowance of "rag and taggers" and agreed with the Board's decision to not continue with the administrative rule amendment.

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

Public Safety
Fire MarshalRoom 302
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]

Authorized by:

Brent Halladay, State Fire Marshal

Effective:

05/15/2012

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