Senator Wayne A. Harper proposes the following substitute bill:


1     
FIRE AND RESCUE TRAINING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill addresses fire and rescue training programs.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires Utah Valley University to operate a fire and rescue training program, with
13     advice and support from the Utah Fire Prevention Board;
14          ▸     repeals provisions relating to the Utah Fire Prevention Board's responsibility to
15     establish a fire academy;
16          ▸     modifies provisions relating to an account used to support operations of the State
17     Fire Marshal Division;
18          ▸     requires the Utah Fire Prevention Board to provide technical expertise, advice, and
19     support to Utah Valley University with respect to the fire and rescue training
20     program;
21          ▸     requires Utah Valley University to provide the program without cost to designated
22     individuals;
23          ▸     requires Utah Valley University and the Utah Fire Prevention Board to enter into a
24     contract to define the terms of their relationship relative to the fire and rescue
25     training program; and
26          ▸     requires Utah Valley University and the Utah Fire Prevention Board to report on the
27     fire and rescue training program to legislative committees.
28     Money Appropriated in this Bill:
29          This bill appropriates in fiscal year 2021:
30          ▸     to the Department of Public Safety - Public Safety Programs and Operations:
31               •     from the General Fund Restricted - Fire Academy Support Account,
32     ($4,273,000);
33          ▸     to Utah Valley University - Education and General:
34               •     from the Education Fund, $4,700,000;
35          ▸     to the General Fund Restricted - Fire Academy Support Account:
36               •     from the General Fund, ($4,200,000).
37     Other Special Clauses:
38          This bill provides a coordination clause.
39     Utah Code Sections Affected:
40     AMENDS:
41          53-7-204, as last amended by Laws of Utah 2018, Chapter 152
42          53-7-204.2, as last amended by Laws of Utah 2011, Chapter 303
43          53-7-504, as enacted by Laws of Utah 2010, Chapter 376
44          53B-1-301, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
45     Coordination Clause, Laws of Utah 2019, Chapter 444
46     ENACTS:
47          53B-29-101, Utah Code Annotated 1953
48          53B-29-201, Utah Code Annotated 1953
49          53B-29-202, Utah Code Annotated 1953
50          53B-29-203, Utah Code Annotated 1953
51     Utah Code Sections Affected by Coordination Clause:
52          53-7-204, as last amended by Laws of Utah 2018, Chapter 152
53     

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 53-7-204 is amended to read:
56          53-7-204. Duties of Utah Fire Prevention Board -- Unified Code Analysis Council
57     -- Local administrative duties.
58          (1) The board shall:
59          (a) administer the state fire code as the standard in the state;
60          (b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3,
61     Utah Administrative Rulemaking Act:
62          (i) establishing standards for the prevention of fire and for the protection of life and
63     property against fire and panic in any:
64          (A) publicly owned building, including all public and private schools, colleges, and
65     university buildings;
66          (B) building or structure used or intended for use as an asylum, a mental hospital, a
67     hospital, a sanitarium, a home for the elderly, an assisted living facility, a children's home or
68     day care center, or any building or structure used for a similar purpose; or
69          (C) place of assemblage where 50 or more persons may gather together in a building,
70     structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;
71          (ii) establishing safety and other requirements for placement and discharge of display
72     fireworks on the basis of:
73          (A) the state fire code; and
74          (B) relevant publications of the National Fire Protection Association;
75          (iii) establishing safety standards for retail storage, handling, and sale of class C
76     common state approved explosives;
77          (iv) defining methods to establish proof of competence to place and discharge display
78     fireworks, special effects fireworks, and flame effects;
79          (v) subject to Subsection (2), creating a uniform statewide policy regarding a state,
80     county, special district, and local government entity's safe seizure, storage, and repurposing,
81     destruction, or disposal of a firework, class A explosive, or class B explosive that:
82          (A) is illegal; or
83          (B) a person uses or handles in an illegal manner;
84          (vi) deputizing qualified persons to act as deputy fire marshals, and to secure special
85     services in emergencies;
86          (vii) implementing Section 15A-1-403;
87          (viii) setting guidelines for use of funding;
88          (ix) establishing criteria for training and safety equipment grants for fire departments
89     enrolled in firefighter certification;
90          (x) establishing ongoing training standards for hazardous materials emergency
91     response agencies; and
92          (xi) establishing criteria for the fire safety inspection of a food truck;
93          (c) recommend to the commissioner a state fire marshal;
94          (d) develop policies under which the state fire marshal and the state fire marshal's
95     authorized representatives will perform;
96          (e) provide for the employment of field assistants and other salaried personnel as
97     required;
98          (f) prescribe the duties of the state fire marshal and the state fire marshal's authorized
99     representatives;
100          [(g) establish a statewide fire prevention, fire education, and fire service training
101     program in cooperation with the Board of Regents;]
102          (g) provide technical expertise, advice, and support to Utah Valley University in the
103     establishment and operation of the fire and rescue training program described in Section
104     53B-29-202;
105          (h) establish a statewide fire statistics program for the purpose of gathering fire data
106     from all political subdivisions of the state;
107          [(i) establish a fire academy in accordance with Section 53-7-204.2;]
108          [(j)] (i) coordinate the efforts of all people engaged in fire suppression in the state;
109          [(k)] (j) work aggressively with the local political subdivisions to reduce fire losses;
110          [(l)] (k) regulate the sale and servicing of portable fire extinguishers and automatic fire
111     suppression systems in the interest of safeguarding lives and property;
112          [(m)] (l) establish a certification program for persons who inspect and test automatic
113     fire sprinkler systems;
114          [(n)] (m) establish a certification program for persons who inspect and test fire alarm
115     systems;
116          [(o)] (n) establish a certification for persons who provide response services regarding
117     hazardous materials emergencies;
118          [(p)] (o) in accordance with Sections 15A-1-403 and 68-3-14, submit a written report
119     to the Business and Labor Interim Committee; and
120          [(q)] (p) jointly create the Unified Code Analysis Council with the Uniform Building
121     Code Commission in accordance with Section 15A-1-203.
122          (2) (a) In the rules that the board makes under Subsection (1)(b)(v), the board shall
123     include a provision prohibiting a state, county, special district, or local government entity from
124     disposing of an item described in Subsection (1)(b)(v) by means of open burning, except under
125     circumstances described in the rule.
126          (b) When making a rule under Subsection (1)(b)(v), the board shall:
127          (i) review and include applicable references to:
128          (A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and
129          (B) provisions of the International Fire Code; and
130          (ii) consider the appropriate role of the following in relation to the rule:
131          (A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
132          (B) a firework wholesaler or distributor.
133          (3) The board may incorporate in its rules by reference, in whole or in part:
134          (a) the state fire code; or
135          (b) subject to the state fire code, a nationally recognized and readily available standard
136     pertaining to the protection of life and property from fire, explosion, or panic.
137          (4) The following functions shall be administered locally by a city, county, or fire
138     protection district:
139          (a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and
140     19-2-114;
141          (b) creating a local board of appeals in accordance with the state fire code; and
142          (c) subject to the state fire code and the other provisions of this chapter, establishing,
143     modifying, or deleting fire flow and water supply requirements.
144          Section 2. Section 53-7-204.2 is amended to read:
145          53-7-204.2. Fire Prevention Support Account -- Funding.
146          (1) [In] As used in this section:
147          (a) "Account" means the Fire [Academy] Prevention Support Account created in
148     Subsection [(4)] (2).
149          (b) "Property insurance premium" means premium paid as consideration for property
150     insurance as defined in Section 31A-1-301.
151          [(2) The board shall:]
152          [(a) establish a fire academy that:]
153          [(i) provides instruction and training for paid, volunteer, institutional, and industrial
154     firefighters;]
155          [(ii) develops new methods of firefighting and fire prevention;]
156          [(iii) provides training for fire and arson detection and investigation;]
157          [(iv) provides public education programs to promote fire safety;]
158          [(v) provides for certification of firefighters, pump operators, instructors, and officers;
159     and]
160          [(vi) provides facilities for teaching fire-fighting skills;]
161          [(b) establish a cost recovery fee in accordance with Section 63J-1-504 for training
162     commercially employed firefighters; and]
163          [(c) request funding for the academy.]
164          [(3) The board may:]
165          [(a) accept gifts, donations, and grants of property and services on behalf of the fire
166     academy; and]
167          [(b) enter into contractual agreements necessary to facilitate establishment of the
168     school.]
169          [(4)] (2) (a) To provide a funding source [for the academy and] for the general
170     operation of the [State Fire Marshal Division] division, there is created in the General Fund a
171     restricted account known as the Fire [Academy] Prevention Support Account.
172          (b) The following revenue shall be deposited in the account to implement this section:
173          (i) the percentage specified in Subsection [(5)] (3) of the annual tax for each year that
174     is levied, assessed, and collected under Title 59, Chapter 9, Taxation of Admitted Insurers,
175     upon property insurance premiums and as applied to fire and allied lines insurance collected by
176     insurance companies within the state;
177          (ii) the percentage specified in Subsection [(6)] (4) of all money assessed and collected
178     upon life insurance premiums within the state;
179          [(iii) the cost recovery fees established by the board;]
180          [(iv) gifts, donations, and grants of property on behalf of the fire academy;]
181          [(v)] (iii) appropriations made by the Legislature; and
182          [(vi)] (iv) money collected from civil penalties in accordance with Section 53-7-504.
183          [(5)] (3) The percentage of the tax specified in Subsection [(4)] (2)(b)(i) to be
184     deposited in the account each fiscal year is 25%.
185          [(6)] (4) The percentage of the money specified in Subsection [(4)] (2)(b)(ii) to be
186     deposited in the account each fiscal year is 5%.
187          Section 3. Section 53-7-504 is amended to read:
188          53-7-504. Offenses -- Civil penalties -- Penalty money to be deposited into the Fire
189     Prevention Support Account.
190          (1) (a) A person may not sell, offer for sale, or distribute a novelty lighter in this state.
191          (b) A person may not import a novelty lighter into this state for the purpose of selling
192     or distributing the novelty lighter within this state.
193          (c) A person may not possess a novelty lighter in inventory for the purpose of selling or
194     distributing the novelty lighter within this state.
195          (2) (a) The state fire marshal may assess a civil penalty against a person who violates
196     Subsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
197          (b) The civil penalty for a violation of Subsection (1) may not exceed:
198          (i) $10,000 for the importation of novelty lighters;
199          (ii) $1,000 if the person acts as a wholesaler of novelty lighters or distributes novelty
200     lighters by means other than distribution directly to consumers; and
201          (iii) $500 if the person is:
202          (A) a retail seller of novelty lighters; or
203          (B) a person distributing novelty lighters, other than as a manufacturer, importer, or
204     wholesaler.
205          (3) If a person continues to violate this section after the state fire marshal gives the
206     person written notice of a violation, each day that the violation continues after written notice is
207     given is a separate offense subject to a civil penalty.
208          (4) (a) For purposes of imposing civil penalties, it is prima facie evidence that a lighter
209     is a novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under
210     Section 53-7-503, or is of a class or type of lighter listed by the state fire marshal as a novelty
211     lighter.
212          (b) Listing by the state fire marshal is not a requirement for a determination that a
213     lighter is a novelty lighter.
214          (5) All money collected from civil penalties under this section shall be deposited [in]
215     into the Fire [Academy] Prevention Support Account created in Section 53-7-204.2.
216          (6) A person may seek judicial review of a final agency action under this part as
217     provided in Title 63G, Chapter 4, Administrative Procedures Act.
218          Section 4. Section 53B-1-301 is amended to read:
219          53B-1-301. Reports to and actions of the Higher Education Appropriations
220     Subcommittee.
221          (1) In accordance with applicable provisions and Section 68-3-14, the following
222     recurring reports are due to the Higher Education Appropriations Subcommittee:
223          (a) the reports described in Sections 34A-2-202.5, 53B-17-804, and 59-9-102.5 by the
224     Rocky Mountain Center for Occupational and Environmental Health;
225          (b) the report described in Section 53B-7-101 by the board on recommended
226     appropriations for higher education institutions, including the report described in Section
227     53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
228          (c) the report described in Section 53B-7-704 by the Department of Workforce
229     Services and the Governor's Office of Economic Development on targeted jobs;
230          (d) the reports described in Section 53B-7-705 by the board and the Utah System of
231     Technical Colleges Board of Trustees, respectively, on performance;
232          (e) the report described in Section 53B-8-201 by the board on the Regents' Scholarship
233     Program;
234          (f) the report described in Section 53B-8-303 by the State Board of Regents regarding
235     Access Utah promise scholarships;
236          (g) the report described in Section 53B-8d-104 by the Division of Child and Family
237     Services on tuition waivers for wards of the state;
238          (h) the report described in Section 53B-12-107 by the Utah Higher Education
239     Assistance Authority;
240          (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
241     Program;
242          (j) the report described in Section 53B-17-201 by the University of Utah regarding the
243     Miners' Hospital for Disabled Miners;
244          (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
245     Development on high demand technical jobs projected to support economic growth;
246          (l) the report described in Section 53B-26-202 by the Medical Education Council on
247     projected demand for nursing professionals; and
248          (m) the report described in Section 53E-10-308 by the State Board of Education and
249     State Board of Regents on student participation in the concurrent enrollment program.
250          (2) In accordance with applicable provisions and Section 68-3-14, the following
251     occasional reports are due to the Higher Education Appropriations Subcommittee:
252          (a) upon request, the information described in Section 53B-8a-111 submitted by the
253     Utah Educational Savings Plan;
254          (b) as described in Section 53B-26-103, a proposal by an eligible partnership related to
255     workforce needs for technical jobs projected to support economic growth;
256          (c) a proposal described in Section 53B-26-202 by an eligible program to respond to
257     projected demand for nursing professionals; [and]
258          (d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
259     on the fire and rescue training program described in Section 53B-29-202; and
260          [(d)] (e) the reports described in Section 63C-19-202 by the Higher Education Strategic
261     Planning Commission on the commission's progress.
262          (3) In accordance with applicable provisions, the Higher Education Appropriations
263     Subcommittee shall complete the following:
264          (a) as required by Section 53B-7-703, the review of performance funding described in
265     Section 53B-7-703;
266          (b) the review described in Section 53B-7-705 of the implementation of performance
267     funding;
268          (c) an appropriation recommendation described in Section 53B-26-103 to fund a
269     proposal responding to workforce needs of a strategic industry cluster;
270          (d) an appropriation recommendation described in Section 53B-26-202 to fund a
271     proposal responding to projected demand for nursing professionals; and
272          (e) review of the report described in Section 63B-10-301 by the University of Utah on
273     the status of a bond and bond payments specified in Section 63B-10-301.
274          Section 5. Section 53B-29-101 is enacted to read:
275     
CHAPTER 29. UTAH VALLEY UNIVERSITY

276     
Part 1. General Provisions

277          53B-29-101. Title.
278          This chapter is known as "Utah Valley University."
279          Section 6. Section 53B-29-201 is enacted to read:
280     
Part 2. Fire and Rescue Training Program

281          53B-29-201. Definitions.
282          As used in this part:
283          (1) "Fire and rescue training program" means the program described in Section
284     53B-29-202.
285          (2) "Fire board" means the Utah Fire Prevention Board, created in Section 53-7-203.
286          Section 7. Section 53B-29-202 is enacted to read:
287          53B-29-202. Fire prevention, education, and training program.
288          (1) With technical advice and support from the fire board, Utah Valley University shall
289     operate a statewide fire and rescue service training program that:
290          (a) provides instruction, training, and testing for:
291          (i) Utah Valley University students; and
292          (ii) firefighters and emergency rescue personnel throughout the state, whether paid or
293     volunteer;
294          (b) explores new methods of firefighting, fire training, and fire prevention;
295          (c) provides training for fire and arson detection and investigation;
296          (d) provides training to students, firefighters, and emergency rescue personnel on how
297     to conduct public education programs to promote fire safety;
298          (e) provides for certification of firefighters, pump operators, instructors, officers, and
299     rescue personnel; and
300          (f) provides facilities and props for teaching firefighting and emergency rescue skills.
301          (2) Utah Valley University shall ensure that the curriculum, training, and facilities
302     offered in the fire and rescue training program are sufficient to allow individuals who
303     successfully complete the program to receive applicable certification as a firefighter or
304     emergency rescue professional.
305          (3) Utah Valley University and the fire board shall consult together regarding:
306          (a) the development and content of the curriculum and training of the fire and rescue
307     training program;
308          (b) the identification of individuals who will be permitted to participate in the fire and
309     rescue program without cost; and
310          (c) the establishment of certification standards and requirements.
311          (4) Utah Valley University shall allow individuals designated by the fire board to
312     participate in and complete the fire and rescue training program without cost and to receive
313     applicable certification.
314          (5) Utah Valley University and the fire board shall by contract establish terms to:
315          (a) define the scope and content of the fire and rescue training program;
316          (b) identify the fire and rescue personnel throughout the state who will be permitted to
317     participate in the fire and rescue training program without cost; and
318          (c) define other aspects of the relationship between Utah Valley University and the fire
319     board relating to the fire and rescue training program that are mutually beneficial.
320          Section 8. Section 53B-29-203 is enacted to read:
321          53B-29-203. Reporting requirement.
322          In 2023, no later than October 31, 2023, Utah Valley University and the fire board shall
323     report to the Education Interim Committee, the Law Enforcement and Criminal Justice Interim
324     Committee, and the Higher Education Appropriations Subcommittee of the Legislature about:
325          (1) the operation of the fire and rescue training program, including successes and
326     challenges associated with the operation of the fire and rescue training program; and
327          (2) the positive aspects of and any concerns relating to the relationship between Utah
328     Valley University and the fire board with respect to the fire and rescue training program.
329          Section 9. Appropriations.
330          The following sums of money are appropriated for the fiscal year beginning July 1,
331     2020 and ending June 30, 2021. These are additions to amounts previously appropriated for
332     fiscal year 2021.
333          Section 9a. Operating and Capital Budgets.
334          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
335     Legislature appropriates the following sums of money from the funds or accounts indicated for
336     the use and support of the government of the state of Utah.
337     ITEM 1
338          To Department of Public Safety - Public Safety Programs and Operations
339               From General Fund Restricted - Fire Academy
340               Support Account
($4,273,000)

341               Schedule of Programs:
342                    Fire Fighter Training                    ($4,273,000)
343     ITEM 2
344          To Utah Valley University - Education and General
345               From Education Fund
$4,700,000

346               Schedule of Programs:
347                    Education and General               $4,700,000
348          The Legislature intends that Utah Valley University use the money appropriated in this
349     bill to fund the fire and rescue training program described in Section 53B-29-202.
350          Section 9b. Restricted Fund and Account Transfers.
351          The Legislature authorizes the State Division of Finance to transfer the following
352     amounts between the following funds or accounts as indicated. Expenditures and outlays from
353     the funds or accounts to which the money is transferred must be authorized by an
354     appropriation.
355     ITEM 3
356          To General Fund Restricted - Fire Academy Support Account
357               From General Fund
($4,200,000)

358               Schedule of Programs:
359                    General Fund Restricted - Fire Academy
360                    Support Account                    ($4,200,000)
361          Section 10. Coordinating S.B. 209 with S.B. 111 -- Superseding technical and
362     substantive amendment.
363          If S.B. 209 and S.B. 111, Higher Education Amendments, both pass and become law, it
364     is the intent of the Legislature that Subsection 53-7-204(1)(g) in this bill supersede the
365     amendments to Subsection 53-7-204(1)(g) in S.B. 111 when the Office of Legislative Research
366     and General Counsel prepares the database for publication.