53-7-204.  Duties of Utah Fire Prevention Board — Unified Code Analysis Council — Local administrative duties.

(1)  The board shall:

Terms Used In Utah Code 53-7-204

  • Board: means the Utah Fire Prevention Board created in Section 53-7-203, except as provided in 3. See Utah Code 53-7-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Display fireworks: includes aerial shells, salutes, roman candles, flash shells, comets, mines, and other similar explosives. See Utah Code 53-7-202
  • Fireworks: means :
(i) class C explosives;
(ii) class C dangerous explosives; and
(iii) class C common state approved explosives. See Utah Code 53-7-202
  • Flame effects: means the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience. See Utah Code 53-7-202
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Service: means the inspection, maintenance, repair, modification, testing, or cleaning of an automatic fire suppression system. See Utah Code 53-7-202
  • Special effects: means a visual or audible effect caused by chemical mixtures that produce a controlled, self-sustaining, and self-controlled exothermic chemical reaction that results in heat, gas, sound, or light and may also create an illusion. See Utah Code 53-7-202
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State fire code: means the code adopted under Section 15A-1-403. See Utah Code 53-7-102
  • State fire marshal: means the fire marshal appointed director by the commissioner under Section 53-7-103. See Utah Code 53-7-102
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Wholesaler: means :
    (a) a person who sells class C common state approved explosives to a retailer; or
    (b) a person who sells class B explosives or class C dangerous explosives for display use. See Utah Code 53-7-202
    (a)  administer the state fire code as the standard in the state;

    (b)  subject to the state fire code, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

    (i)  establishing standards for the prevention of fire and for the protection of life and property against fire and panic in any:

    (A)  publicly owned building, including all public and private schools, colleges, and university buildings;

    (B)  building or structure used or intended for use as an asylum, a mental hospital, a hospital, a sanitarium, a home for the elderly, an assisted living facility, a children’s home or day care center, or any building or structure used for a similar purpose; or

    (C)  place of assemblage where 50 or more persons may gather together in a building, structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;

    (ii)  establishing safety and other requirements for placement and discharge of display fireworks on the basis of:

    (A)  the state fire code; and

    (B)  relevant publications of the National Fire Protection Association;

    (iii)  establishing safety standards for retail storage, handling, and sale of class C common state approved explosives;

    (iv)  defining methods to establish proof of competence to place and discharge display fireworks, special effects fireworks, and flame effects;

    (v)  subject to Subsection (2), creating a uniform statewide policy regarding a state, county, special district, and local government entity’s safe seizure, storage, and repurposing, destruction, or disposal of a firework, class A explosive, or class B explosive that:

    (A)  is illegal; or

    (B)  a person uses or handles in an illegal manner;

    (vi)  deputizing qualified persons to act as deputy fire marshals, and to secure special services in emergencies;

    (vii)  implementing Section 15A-1-403;

    (viii)  establishing criteria for the certification of firefighters, pump operators, instructors, fire officers, fire investigators, and rescue personnel not certified or licensed under any other section of the Utah Code;

    (ix)  establishing criteria for training and safety equipment grants for fire departments enrolled in firefighter certification;

    (x)  establishing ongoing training standards for hazardous materials emergency response agencies;

    (xi)  establishing criteria for the fire safety inspection of a food truck; and

    (xii)  establishing criteria for the accreditation and reaccreditation of fire service training organizations;

    (c)  recommend to the commissioner a state fire marshal;

    (d)  develop policies under which the state fire marshal and the state fire marshal’s authorized representatives will perform;

    (e)  provide for the employment of field assistants and other salaried personnel as required;

    (f)  prescribe the duties of the state fire marshal and the state fire marshal’s authorized representatives;

    (g)  provide technical expertise, advice, and support to Utah Valley University in the establishment and operation of the fire and rescue training program described in Section 53B-29-202;

    (h)  establish a statewide fire statistics program for the purpose of gathering fire data from all political subdivisions of the state;

    (i)  coordinate the efforts of all people engaged in fire suppression in the state;

    (j)  work aggressively with the local political subdivisions to reduce fire losses;

    (k)  regulate the sale and servicing of portable fire extinguishers and automatic fire suppression systems in the interest of safeguarding lives and property;

    (l)  establish a certification program for persons who inspect and test automatic fire sprinkler systems;

    (m)  establish a certification program for persons who inspect and test fire alarm systems;

    (n)  establish a certification for persons who provide response services regarding hazardous materials emergencies;

    (o)  in accordance with Sections 15A-1-403 and 68-3-14, submit a written report to the Business and Labor Interim Committee; and

    (p)  jointly create the Unified Code Analysis Council with the Uniform Building Code Commission in accordance with Section 15A-1-203.

    • (2) 

    (a)  In the rules that the board makes under Subsection (1)(b)(v), the board shall include a provision prohibiting a state, county, special district, or local government entity from disposing of an item described in Subsection (1)(b)(v) by means of open burning, except under circumstances described in the rule.

    (b)  When making a rule under Subsection (1)(b)(v), the board shall:

    (i)  review and include applicable references to:

    (A)  requirements described in Title 15A, Chapter 5, State Fire Code Act; and

    (B)  provisions of the International Fire Code; and

    (ii)  consider the appropriate role of the following in relation to the rule:

    (A)  the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and

    (B)  a firework wholesaler or distributor.

    (3)  The board may incorporate in its rules by reference, in whole or in part:

    (a)  the state fire code; or

    (b)  subject to the state fire code, a nationally recognized and readily available standard pertaining to the protection of life and property from fire, explosion, or panic.

    (4)  The following functions shall be administered locally by a city, county, or fire protection district:

    (a)  issuing permits, including open burning permits pursuant to Sections 11-7-1 and 19-2-114;

    (b)  creating a local board of appeals in accordance with the state fire code; and

    (c)  subject to the state fire code and the other provisions of this chapter, establishing, modifying, or deleting fire flow and water supply requirements.

    Amended by Chapter 237, 2021 General Session

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