(1) The board shall:

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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 Part 3, Liquefied Petroleum Gas Act. 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
  • Display fireworks: includes aerial shells, salutes, roman candles, flash shells, comets, mines, and other similar explosives. See Utah Code 53-7-202
  • Fireworks: means :
              (15)(a)(i) a division 1. 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 :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See 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:
         (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
         (42)(b)
              (42)(b)(i) after the day described in Subsection (42)(a); and
              (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
  • Wholesaler: means :
         (26)(a) a person who sells division 1. See Utah Code 53-7-202
     (1)(a) administer the state fire code as the standard in the state;
     (1)(b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

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

               (1)(b)(i)(A) publicly owned building, including all public and private schools, colleges, and university buildings;
               (1)(b)(i)(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
               (1)(b)(i)(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;
          (1)(b)(ii) establishing safety and other requirements for placement and discharge of display fireworks on the basis of:

               (1)(b)(ii)(A) the state fire code; and
               (1)(b)(ii)(B) relevant publications of the National Fire Protection Association;
          (1)(b)(iii) establishing safety standards for retail storage, handling, and sale of class C common state approved explosives;
          (1)(b)(iv) defining methods to establish proof of competence to place and discharge display fireworks, special effects fireworks, and flame effects;
          (1)(b)(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:

               (1)(b)(v)(A) is illegal; or
               (1)(b)(v)(B) a person uses or handles in an illegal manner;
          (1)(b)(vi) deputizing qualified persons to act as deputy fire marshals, and to secure special services in emergencies;
          (1)(b)(vii) implementing Section 15A-1-403;
          (1)(b)(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;
          (1)(b)(ix) establishing criteria for training and safety equipment grants for fire departments enrolled in firefighter certification;
          (1)(b)(x) establishing ongoing training standards for hazardous materials emergency response agencies;
          (1)(b)(xi) establishing criteria for the fire safety inspection of a food truck; and
          (1)(b)(xii) establishing criteria for the accreditation and reaccreditation of fire service training organizations;
     (1)(c) recommend to the commissioner a state fire marshal;
     (1)(d) develop policies under which the state fire marshal and the state fire marshal’s authorized representatives will perform;
     (1)(e) provide for the employment of field assistants and other salaried personnel as required;
     (1)(f) prescribe the duties of the state fire marshal and the state fire marshal’s authorized representatives;
     (1)(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;
     (1)(h) establish a statewide fire statistics program for the purpose of gathering fire data from all political subdivisions of the state;
     (1)(i) coordinate the efforts of all people engaged in fire suppression in the state;
     (1)(j) work aggressively with the local political subdivisions to reduce fire losses;
     (1)(k) regulate the sale and servicing of portable fire extinguishers and automatic fire suppression systems in the interest of safeguarding lives and property;
     (1)(l) establish a certification program for persons who inspect and test automatic fire sprinkler systems;
     (1)(m) establish a certification program for persons who inspect and test fire alarm systems;
     (1)(n) establish a certification for persons who provide response services regarding hazardous materials emergencies;
     (1)(o) in accordance with Sections 15A-1-403 and 68-3-14, submit a written report to the Business and Labor Interim Committee; and
     (1)(p) jointly create the Unified Code Analysis Council with the Uniform Building Code Commission in accordance with Section 15A-1-203.
(2)

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

          (2)(b)(i) review and include applicable references to:

               (2)(b)(i)(A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and
               (2)(b)(i)(B) provisions of the International Fire Code; and
          (2)(b)(ii) consider the appropriate role of the following in relation to the rule:

               (2)(b)(ii)(A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
               (2)(b)(ii)(B) a firework wholesaler or distributor.
(3) The board may incorporate in its rules by reference, in whole or in part:

     (3)(a) the state fire code; or
     (3)(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:

     (4)(a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and 19-2-114;
     (4)(b) creating a local board of appeals in accordance with the state fire code; and
     (4)(c) subject to the state fire code and the other provisions of this chapter, establishing, modifying, or deleting fire flow and water supply requirements.
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