First Substitute H.B. 247

Representative Cindy Beshear proposes the following substitute bill:

1 FIRE PREVENTION AND SAFETY
2 AMENDMENTS
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Cindy Beshear
6 This act modifies the Public Safety Code regarding fire safety by establishing a certification
7 program for persons who inspect or test automatic fire sprinkler systems.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 53-7-204, as last amended by Chapter 25, Laws of Utah 2001
11 ENACTS:
12 53-7-225.5, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 53-7-204 is amended to read:
15 53-7-204. Duties of Utah Fire Prevention Board -- Local administrative duties.
16 (1) The board shall:
17 (a) make rules:
18 (i) adopting a nationally recognized fire code and the specific edition of that fire code as
19 the state fire code to be used as the standard;
20 (ii) establishing minimum standards for the prevention of fire and for the protection of life
21 and property against fire and panic in any:
22 (A) publicly owned building, including all public and private schools, colleges, and
23 university buildings;
24 (B) building or structure used or intended for use as an asylum, a mental hospital, a
25 hospital, a sanitarium, a home for the aged, an assisted living facility, a children's home or day care

26 center, or any similar institutional type occupancy of any capacity; and
27 (C) place of assemblage where 50 or more persons may gather together in a building,
28 structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;
29 (iii) establishing safety and other requirements for placement and discharge of display
30 fireworks based upon:
31 (A) the specific edition of the nationally recognized fire code selected by the board under
32 Subsection (1)(a)(i); and
33 (B) relevant publications of the National Fire Protection Association;
34 (iv) establishing minimum safety standards for retail storage, handling, and sale of class
35 C common state approved explosives;
36 (v) defining methods to establish proof of competence to place and discharge display
37 fireworks;
38 (vi) for deputizing qualified persons to act as deputy fire marshals, and to secure special
39 services in emergencies;
40 (vii) implementing Sections 53-7-106 and 53-7-205 ;
41 (viii) setting guidelines for use of funding; and
42 (ix) establishing criteria for training and safety equipment grants for fire departments
43 enrolled in firefighter certification;
44 (b) recommend to the commissioner a state fire marshal;
45 (c) develop policies under which the state fire marshal and his authorized representatives
46 will perform;
47 (d) provide for the employment of field assistants and other salaried personnel as required;
48 (e) prescribe the duties of the state fire marshal and his authorized representatives;
49 (f) establish a statewide fire prevention, fire education, and fire service training program
50 in cooperation with the Board of Regents;
51 (g) establish a statewide fire statistics program for the purpose of gathering fire data from
52 all political subdivisions of the state;
53 (h) establish a fire academy in accordance with Section 53-7-204.2 ;
54 (i) coordinate the efforts of all people engaged in fire suppression in the state;
55 (j) work aggressively with the local political subdivisions to reduce fire losses; [and]
56 (k) regulate the sale and servicing of portable fire extinguishers and automatic fire

57 suppression systems in the interest of safeguarding lives and property[.]; and
58 (l) establish a certification program for persons who inspect and test automatic fire
59 sprinkler systems.
60 (2) The board may incorporate in its rules by reference, in whole or in part, nationally
61 recognized and readily available standards and codes pertaining to the protection of life and
62 property from fire, explosion, or panic.
63 (3) (a) The board may only make amendments to the state fire code adopted under
64 Subsection (1)(a)(i) in accordance with Section 53-7-205 .
65 (b) The amendments may be applicable to the entire state or within a city, county, or fire
66 protection district.
67 (4) The following functions shall be administered locally by a city, county, or fire
68 protection district:
69 (a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and
70 19-2-114 ;
71 (b) creating a local board of appeals in accordance with the state fire code; and
72 (c) establishing, modifying, or deleting fire flow and water supply requirements.
73 Section 2. Section 53-7-225.5 is enacted to read:
74 53-7-225.5. Inspection and testing of automatic fire sprinkler systems -- Certification
75 required.
76 (1) Each person engaged in the inspection and testing of automatic fire sprinkler systems
77 shall be certified by the state fire marshal.
78 (2) The board shall by rule prescribe an application form and standards for certification
79 qualification and for renewal and revocation.
80 (3) Applicants for certification as an automatic fire sprinkler system inspector and tester
81 shall:
82 (a) submit a written application on the form prescribed by the board;
83 (b) provide evidence of competency as required by the board; and
84 (c) submit the fee established under Subsection (4).
85 (4) The board may establish an application fee under Section 63-38-3.2 .