This document includes Senate Committee Amendments incorporated into the bill on Wed, Jan 24, 2018 at 10:51 AM by lpoole.



Chief Sponsor: Todd Weiler

House Sponsor: James A. Dunnigan


8     General Description:
9          This bill requires the Utah Fire Prevention Board to create a uniform statewide policy
10     regarding a government entity's seizure, storage, and disposal of certain explosives.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the Utah Fire Prevention Board to create, by rule, a uniform statewide
14     policy regarding a government entity's safe seizure, storage, and disposal of certain
15     explosives; and
16          ▸     provides requirements for a rule made with regards to the preceding paragraph.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53-7-204, as last amended by Laws of Utah 2017, Chapters 18 and 165

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 53-7-204 is amended to read:
27          53-7-204. Duties of Utah Fire Prevention Board -- Unified Code Analysis Council

28     -- Local administrative duties.
29          (1) The board shall:
30          (a) administer the state fire code as the standard in the state;
31          (b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3,
32     Utah Administrative Rulemaking Act:
33          (i) establishing standards for the prevention of fire and for the protection of life and
34     property against fire and panic in any:
35          (A) publicly owned building, including all public and private schools, colleges, and
36     university buildings;
37          (B) building or structure used or intended for use as an asylum, a mental hospital, a
38     hospital, a sanitarium, a home for the elderly, an assisted living facility, a children's home or
39     day care center, or any building or structure used for a similar purpose; or
40          (C) place of assemblage where 50 or more persons may gather together in a building,
41     structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;
42          (ii) establishing safety and other requirements for placement and discharge of display
43     fireworks on the basis of:
44          (A) the state fire code; and
45          (B) relevant publications of the National Fire Protection Association;
46          (iii) establishing safety standards for retail storage, handling, and sale of class C
47     common state approved explosives;
48          (iv) defining methods to establish proof of competence to place and discharge display
49     fireworks, special effects fireworks, and flame effects;
50          (v) subject to Subsection (2), creating a uniform statewide policy regarding a state,
51     county, special district, and local government entity's safe seizure, storage, and Ŝ→ repurposing,
51a     destruction, or ←Ŝ disposal of a
52     firework, class A explosive, or class B explosive that:
53          (A) is illegal; or
54          (B) a person uses or handles in an illegal manner;
55          [(v)] (vi) deputizing qualified persons to act as deputy fire marshals, and to secure
56     special services in emergencies;
57          [(vi)] (vii) implementing Section 15A-1-403;
58          [(vii)] (viii) setting guidelines for use of funding;

59          [(viii)] (ix) establishing criteria for training and safety equipment grants for fire
60     departments enrolled in firefighter certification;
61          [(ix)] (x) establishing ongoing training standards for hazardous materials emergency
62     response agencies; and
63          [(x)] (xi) establishing criteria for the fire safety inspection of a food truck;
64          (c) recommend to the commissioner a state fire marshal;
65          (d) develop policies under which the state fire marshal and the state fire marshal's
66     authorized representatives will perform;
67          (e) provide for the employment of field assistants and other salaried personnel as
68     required;
69          (f) prescribe the duties of the state fire marshal and the state fire marshal's authorized
70     representatives;
71          (g) establish a statewide fire prevention, fire education, and fire service training
72     program in cooperation with the Board of Regents;
73          (h) establish a statewide fire statistics program for the purpose of gathering fire data
74     from all political subdivisions of the state;
75          (i) establish a fire academy in accordance with Section 53-7-204.2;
76          (j) coordinate the efforts of all people engaged in fire suppression in the state;
77          (k) work aggressively with the local political subdivisions to reduce fire losses;
78          (l) regulate the sale and servicing of portable fire extinguishers and automatic fire
79     suppression systems in the interest of safeguarding lives and property;
80          (m) establish a certification program for persons who inspect and test automatic fire
81     sprinkler systems;
82          (n) establish a certification program for persons who inspect and test fire alarm
83     systems;
84          (o) establish a certification for persons who provide response services regarding
85     hazardous materials emergencies;
86          (p) in accordance with Sections 15A-1-403 and 68-3-14, submit a written report to the
87     Business and Labor Interim Committee; and
88          (q) jointly create the Unified Code Analysis Council with the Uniform Building Code
89     Commission in accordance with Section 15A-1-203.

90          (2) (a) In the rules that the board makes under Subsection (1)(b)(v), the board shall
91     include a provision prohibiting a state, county, special district, or local government entity from
92     disposing of an item described in Subsection (1)(b)(v) by means of open burning, except under
93     circumstances described in the rule.
94          (b) When making a rule under Subsection (1)(b)(v), the board shall:
95          (i) review and include applicable references to:
96          (A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and
97          (B) provisions of the International Fire Code; and
98          (ii) consider the appropriate role of the following in relation to the rule:
99          (A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
100          (B) a firework wholesaler or distributor.
101          [(2)] (3) The board may incorporate in its rules by reference, in whole or in part:
102          (a) the state fire code; or
103          (b) subject to the state fire code, a nationally recognized and readily available standard
104     pertaining to the protection of life and property from fire, explosion, or panic.
105          [(3)] (4) The following functions shall be administered locally by a city, county, or fire
106     protection district:
107          (a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and
108     19-2-114;
109          (b) creating a local board of appeals in accordance with the state fire code; and
110          (c) subject to the state fire code and the other provisions of this chapter, establishing,
111     modifying, or deleting fire flow and water supply requirements.

Legislative Review Note
Office of Legislative Research and General Counsel