reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 216 - Portable fire extinguishers and fire suppression systems -- Certification and licensure required to service.

53-7-216.
Portable fire extinguishers and fire suppression systems -- Certification and licensure required to service.
(1) Each firm engaged in the business of servicing portable fire extinguishers or automatic fire suppression systems that automatically detect fire and discharge an approved fire extinguishing agent onto or in the area of the fire shall be licensed by the state fire marshal.
(2) Each person who services portable fire extinguishers or fire suppression systems that discharge an approved fire extinguishing agent onto or in the area of the fire shall be certified by the state fire marshal.
(3) The board shall by rule prescribe an application form and standards for licensure or certification qualification and for renewal and revocation.
(4) Applicants for licensure or certification shall:
(a) submit a written application on the form prescribed by the board;
(b) provide evidence of competency as required by the board; and
(c) submit the fee established under Subsection (5).
(5) The board may establish a fee under Section 63J-1-504 to be paid upon application for licensure or certification.
(6) This section does not apply to standpipe systems, deluge systems, or automatic fire sprinkler systems.
Amended by Chapter 247, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 217 - Portable fire extinguishers -- Permit required to perform hydrostatic testing.

53-7-217.
Portable fire extinguishers -- Permit required to perform hydrostatic testing.
Each firm performing hydrostatic testing of portable fire extinguishers shall:
(1) perform the tests in accordance with the specifications of the United States Department of Transportation for compressed gas cylinders; and
(2) obtain a permit from the division by applying in writing on forms provided by the division.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 218 - Portable fire extinguishers -- Sale or lease without approval prohibited.

53-7-218.
Portable fire extinguishers -- Sale or lease without approval prohibited.
A portable fire extinguisher may not be sold or leased in the state unless it is approved, labeled, or listed by a nationally recognized testing laboratory approved by the division as qualified to test portable fire extinguishers.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 219 - Portable fire extinguishers -- Hearings authorized.

53-7-219.
Portable fire extinguishers -- Hearings authorized.
The state fire marshal may conduct hearings or proceedings concerning the renewal, revocation, or refusal to issue permits.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 220 - Short title.

53-7-220.
Short title.
Sections 53-7-220 through 53-7-225 are known as the "Utah Fireworks Act."
Enacted by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 221 - Exceptions from Utah Fireworks Act.

Effective 7/1/2023
53-7-221.
Exceptions from Utah Fireworks Act.
(1) Sections 53-7-220 through 53-7-225 do not apply to class A, class B, and class C explosives that are not for use in Utah, but are manufactured, stored, warehoused, or in transit for destinations outside of Utah.
(2) Sections 53-7-220 through 53-7-225 do not supersede Section 23A-2-208, regarding use of fireworks and explosives by the Division of Wildlife Resources and federal game agents.
(3) Section 53-7-225 does not supersede Section 65A-8-212 regarding the authority of the state forester to close hazardous areas.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 222 - Restrictions on the sale or use of fireworks.

53-7-222.
Restrictions on the sale or use of fireworks.
(1)
(a) Except as provided in Subsection (1)(b), class C dangerous explosives may not be possessed, discharged, sold, or offered for retail sale.
(b)
(i) The following persons may purchase, possess, or discharge class C dangerous explosives:
(A) display operators and special effects operators who receive a license from the division in accordance with Section 53-7-223 and approval from their local licensing authority in accordance with Section 11-3-3.5; and
(B) operators approved by the Division of Wildlife Resources or Department of Agriculture and Food to discharge agricultural and wildlife fireworks.
(ii) Importers and wholesalers licensed under Section 53-7-224 may possess, sell, and offer to sell class C dangerous explosives.
(2) Unclassified fireworks may not be sold, or offered for sale.
Amended by Chapter 13, 2011 General Session
Amended by Chapter 13, 2011 General Session, (Coordination Clause)
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 223 - State license for display operators, special effects operators, and flame effects operators -- Permit -- Fee -- Division duties -- Revocation.

Effective 7/1/2018
53-7-223.
State license for display operators, special effects operators, and flame effects operators -- Permit -- Fee -- Division duties -- Revocation.
(1)
(a) A person may not purchase or possess display fireworks, special effects fireworks, or flame effects, or discharge any of them in public unless the person has obtained the appropriate license from the division, except under Subsection (1)(b).
(b)
(i) Subsection (1)(a) does not apply to any person who participates in a meeting, as limited under Subsection (1)(b)(ii), with other persons solely to receive training, to practice, or provide instruction regarding flame effects performance.
(ii) A meeting under Subsection (1)(b)(i) may include a nonpaying and unsolicited audience of not more than 25 persons.
(2) The division shall:
(a) issue an annual license to any display operator, special effects operator, or flame effects operator who:
(i) applies for the permit;
(ii) pays the fee set in accordance with Section 63J-1-504;
(iii) demonstrates proof of competence; and
(iv) certifies that the operator will comply with board rules governing placement and discharge of fireworks or flame effects;
(b) provide the licensee with a copy of the rules governing placement and discharge of fireworks or flame effects made under Section 53-7-204; and
(c) together with county and municipal officers enforce Sections 53-7-220 through 53-7-225.
(3) The division may:
(a) revoke a license issued under this section for cause;
(b) seize display and special effects fireworks, fireworks, and unclassified fireworks that are offered for sale, sold, or in the possession of an individual in violation of Sections 53-7-220 through 53-7-225;
(c) prevent or stop the use of flame effects that is unlawful or that is endangering persons or property; and
(d) create application and certification forms.
Amended by Chapter 417, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 224 - Licensing importers and wholesalers -- Fee.

Effective 7/1/2018
53-7-224.
Licensing importers and wholesalers -- Fee.
The division shall:
(1) annually license each importer and wholesaler of pyrotechnic devices; and
(2) charge an annual license fee set in accordance with Section 63J-1-504.
Amended by Chapter 417, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 225.1 - Civil liability.

Effective 5/8/2018
53-7-225.1.
Civil liability.
(1)
(a) An individual who negligently, recklessly, or intentionally causes or spreads a fire through discharge of a class C explosive is liable for the cost of suppressing that fire and any damages the fire causes.
(b) If the individual described in Subsection (1)(a) is a minor, the parent or legal guardian having legal custody of the minor is liable for the costs and damages for which the minor is liable under this section.
(c) A court may waive part or all of the parent or guardian's liability for damages under Subsection (1)(b) if the court finds:
(i) good cause; and
(ii) that the parent or legal guardian:
(A) made a reasonable effort to supervise and direct the minor; or
(B) in the event the parent or guardian knew in advance of the negligent, reckless, or intentional conduct described in Subsection (1)(a), made a reasonable effort to restrain the minor.
(2)
(a) The conduct described in Subsection (1) includes any negligent, reckless, or intentional conduct, regardless of whether:
(i) the person discharges a class C common state approved explosive:
(A) within the permitted time periods described in Subsection 53-7-225(3); or
(B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or (c); or
(ii) the fire begins on:
(A) private land;
(B) land owned by the state or a political subdivision of the state;
(C) federal land; or
(D) tribal land.
(b) Discharging a class C explosive in an area in which fireworks are prohibited due to hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b), constitutes the negligent, reckless, or intentional conduct described in Subsection (1).
(3) A person who incurs costs to suppress a fire described in Subsection (1) may bring an action under this section to recover those costs against an individual described in Subsection (1).
(4) A person who suffers damage from a fire described in Subsection (1) may:
(a) bring an action under this section for those damages against an individual described in Subsection (1); and
(b) pursue all other legal remedies in addition to seeking damages under Subsection (4)(a).
Enacted by Chapter 189, 2018 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 225.5 - Inspection and testing of automatic fire sprinkler systems -- Certification required.

53-7-225.5.
Inspection and testing of automatic fire sprinkler systems -- Certification required.
(1) Each person engaged in the inspection and testing of automatic fire sprinkler systems shall be certified by the state fire marshal.
(2) The board shall by rule prescribe an application form and standards for certification qualification and for renewal and revocation.
(3) Applicants for certification as an automatic fire sprinkler system inspector and tester shall:
(a) submit a written application on the form prescribed by the board;
(b) provide evidence of competency as required by the board; and
(c) submit the fee established under Subsection (4).
(4) The board may establish an application fee under Section 63J-1-504.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 225.6 - Inspection and testing of fire alarm systems -- Certification and exceptions.

53-7-225.6.
Inspection and testing of fire alarm systems -- Certification and exceptions.
(1)
(a) Each person, other than fire and building inspectors and electricians licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, engaged in the inspection and testing of fire alarm systems shall be certified by the state fire marshal.
(b) The board shall by administrative rule prescribe:
(i) an application form; and
(ii) standards for certification qualification and for renewal and revocation.
(2) Applicants for certification as a fire alarm system inspector and tester shall:
(a) submit a written application on the form prescribed by the board;
(b) provide evidence of competency as required by the board; and
(c) submit the fee established under Subsection (3).
(3) The board may establish an application fee under Section 63J-1-504.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 2 - Fire Prevention and Fireworks Act › Section 226 - Violations -- Misdemeanor.

53-7-226.
Violations -- Misdemeanor.
A person is guilty of a class B misdemeanor if he:
(1) violates this part;
(2) violates any order made under this part;
(3) produces, reproduces, or uses the official seal of registration of the division in any manner or for any purpose inconsistent with the designated purpose of the seal;
(4) removes, uses, or damages service tags or other labels or markings in a manner inconsistent with the designated use of the service tag;
(5) engages in the sale, storage, or handling of class C fireworks without a permit where a local government requires a permit;
(6) sells at retail, transports, possesses, or discharges class C dangerous explosives as defined in Section 53-7-202;
(7) performs or intends to perform services or induces the public to enter into any obligation relating to the performance of those services that are untrue, misleading, or reasonably known to be untrue or misleading; or
(8) builds in violation of the division's plan review or written instructions conducted on building specifications, building plans, or amendments of those specifications or plans as required under this part.
Amended by Chapter 322, 2007 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 303 - Exclusions from part.

53-7-303.
Exclusions from part.
This part does not apply to any of the following:
(1) the production, refining, or manufacture of LPG;
(2) the storage, sale, or transportation of LPG by pipeline or railroad tank car by a pipeline company, producer, refiner, or manufacturer;
(3) equipment used by a pipeline company, producer, refiner, or manufacturer in a producing, refining, or manufacturing process or in the storage, sale, or transportation by pipeline or railroad tank car;
(4) any deliveries of LPG to another person at the place of production, refining, or manufacturing;
(5) underground storage facilities other than LPG containers designed for underground use;
(6) refineries, pipeline terminals, or natural gas processing plants.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 304 - Liquefied Petroleum Gas Board -- Creation -- Composition -- Appointment -- Terms of officers -- Meetings -- Compensation.

Effective 5/12/2015
53-7-304.
Liquefied Petroleum Gas Board -- Creation -- Composition -- Appointment -- Terms of officers -- Meetings -- Compensation.
(1)
(a) There is created within the division the Liquefied Petroleum Gas Board.
(b) The board is composed of seven members:
(i) two Utah fire chiefs or marshals;
(ii) two members of the general public; and
(iii) three members who are representatives of the LPG industry.
(2) The fire chiefs or marshals and the members of the general public shall be appointed by the governor, on a nonpartisan basis.
(3) Members of the board who are representatives of the LPG industry shall have been legal residents of the state for at least one year immediately preceding the date of appointment and have been actively engaged in the LPG industry for a period of at least five years.
(4) The LPG industry representatives shall be appointed by the governor from a list of at least five but no more than the 12 nominees receiving the largest number of votes according to written ballots executed by representatives of the licensees under Subsection (7).
(5)
(a) Except as required by Subsection (5)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c) Members serve from the date of appointment until a replacement is appointed.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(7)
(a) The balloting of licensees shall be conducted by the division.
(b) For the appointments, the division shall forward to each licensee an official ballot for each staffed plant or facility held under Section 53-7-309, with instructions for executing the ballot and returning it to the division.
(c) The division shall send the official ballot and instructions described in Subsection (7)(b) by:
(i) registered or certified United States mail; or
(ii) email.
(8)
(a) The board shall elect its own chair and vice chair at its first regular meeting each calendar year.
(b) All meetings of the board shall be held on a prescribed date, at least quarterly, and at any time a majority of the board members sends a request to the board chair.
(c) A majority of the members of the board is a quorum for the transaction of business.
(9) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 101, 2015 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 305 - Board rulemaking -- Notice.

53-7-305.
Board rulemaking -- Notice.
(1)
(a) The board shall make rules as reasonably necessary for the protection of the health, welfare, and safety of the public and persons using LPG.
(b) The rules shall be in substantial conformity with the generally accepted standards of safety concerning LPG, and shall include the following conditions:
(i) the rules relating to safety in the storage, distribution, dispensing, transporting, and use of LPG in this state and in the manufacture, fabrication, assembly, sale, installation, and use of LPG systems, containers, apparatus, or appliances shall be reasonable; and
(ii) the rules shall conform as nearly as possible to the standards of the National Fire Protection Association, relating to the design, construction, installation, and use of systems, containers, apparatus, appliances, and pertinent equipment for the storage, transportation, dispensation, and use of LPG.
(2) The board may make rules:
(a) setting minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, or using LPG;
(b) specifying the odorization of the gases and the degree of odorization;
(c) governing LPG distributors and installers and the installation of LPG systems, carburetion systems, and fueling systems; and
(d) prescribing maximum container removal rates.
(3)
(a) When a proposed rule is filed, the board shall give at least 10 days' notice to all license applicants and licensees under this chapter by sending a notice of the proposed new, revised, or amended rule together with a notice of hearing to the licensee's current address on file with the board.
(b) Any person affected by rulemaking under this part may submit comment, in a format prescribed by the board, on the rule.
(c) A certificate citing the adoption and the effective date of a rule shall be signed by the members comprising a majority of the board.
(d) Within 10 days after the adoption of the rule, the board shall send to each license applicant or licensee, at his current address on file, a notice of the adoption of the rule, including its effective date.
(e) A facsimile of any member's signature may be used under this section if authorized by the member.
Amended by Chapter 25, 2001 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 306 - Duties and powers of the board -- Fee setting.

53-7-306.
Duties and powers of the board -- Fee setting.
(1) The board shall monitor rates charged in the industry for container removal.
(2) The board may:
(a) set civil penalties for violation of any rule or order made under this part;
(b) in conducting hearings on the issuance or revocation of any license:
(i) compel the attendance of witnesses by subpoena;
(ii) require the production of any records or documents determined by it to be pertinent to the subject matter of the hearing; and
(iii) apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, and for failure to attend, testify, or produce required documents;
(c) suspend or revoke licenses and refuse renewals of licenses if the applicant or licensee has been guilty of conduct harmful to either the safety or protection of the public;
(d) adopt bylaws for its procedures and methods of operation; and
(e) at the request of the enforcing authority, grant exceptions from its rules to accommodate local needs as it determines to be in the best interest of public safety or the persons using LPG materials or services.
(3) The board shall, in accordance with Section 53-7-314, establish fees to cover the cost of administering this section.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 307 - Duties of the division.

53-7-307.
Duties of the division.
The division shall:
(1) prescribe the method and form to apply for, or renew, a LPG license or certificate, with the approval of the board;
(2) investigate the experience, reputation, and background of applicants and persons who hold a license or certificate and who are applying for renewal;
(3) recommend to the board issuing, renewing, suspending, revoking, and denying licenses or certificates;
(4) assist the board in conducting hearings in connection with the applications for, renewal of, suspension of, or revocation of, licenses or certificates;
(5) submit to the governor a biennial report before September 1 of each even-numbered year, covering the board's transactions during the biennium ending June 30 of that year, including a complete statement of the receipts and expenditures of the board during that period;
(6) keep accurate records and minutes of all meetings, which shall be open to public inspection at all reasonable times, and keep a public record of all applications for licenses and licenses issued by the board;
(7) conduct examinations of every license applicant to determine the responsibility, ability, knowledge, experience, or other qualifications of the applicant for a license;
(8) require competency testing for all employees and subcontractors of licensees engaged in transporting or dispensing LPG or installing, servicing, or repairing an LPG fueling or carburetion system under this part;
(9) prepare applications, collect fees, and issue licenses for any facility that handles LPG;
(10) provide for or direct the inspection of the site of any facility that stores, dispenses, services, or handles LPG;
(11) provide inspections to any facility where a qualified authority does not exist; and
(12) prepare and administer examinations, collect fees, and issue LPG certificates to personnel who handle or work with LPG.
Amended by Chapter 247, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 308 - Licenses and certificates.

53-7-308.
Licenses and certificates.
A person may not engage in any of the following activities related to LPG unless the person has obtained an authorizing license or certification from the board:
(1) container activities, including the manufacture, assembly, repair, sale, installation, or subframing of containers for use in this state, except that a license is not required for the sale of new containers of 96 pounds water capacity or less;
(2) systems activities, including:
(a) the installation, service, or repair of LPG systems for use in this state; and
(b) laying or connecting of pipes and fittings connecting with or to systems or servicing a system and appliances to be used with LPG as a fuel;
(3) appliance activities, including the service, installation, or repair of appliances used or to be used in this state in connection with systems using LPG as a fuel; or
(4) product activities, including the sale, transportation, dispensation, or storage of LPG in this state, except that a license or certification is not required for a person:
(a) who sells LPG but does not obtain possessory rights to the product sold; or
(b) when the product is stored, transferred, or used by the final consumer.
Amended by Chapter 373, 2012 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 309 - Classification of applicants and licensees.

53-7-309.
Classification of applicants and licensees.
(1) To administer this part, the board shall classify all applicants and licensees as follows:
(a) Class 1: a licensed dealer who:
(i) is engaged in the business of installing gas appliances or systems for the use of LPG;
(ii) sells, fills, refills, delivers, or is permitted to deliver any LPG; or
(iii) is involved under both Subsections (1)(a)(i) and (ii).
(b) Class 2: a business engaged in the sale, transportation, and exchange of cylinders, or engaged in more than one of these, but not transporting or transferring gas in liquid.
(c) Class 3: a business not engaged in the sale of LPG, but engaged in the sale and installation of gas appliances or LPG systems.
(d) Class 4: those businesses not specifically within classification 1, 2, or 3 may at the discretion of the board be issued special licenses.
(2)
(a) Any license granted under this section entitles the licensee to operate a staffed plant or facility consistent with the license at one location, which is stated in the license, under Section 53-7-310.
(b) For each additional staffed plant or facility owned or operated by the licensee, the licensee shall register the additional location with the board and pay an additional annual fee, to be set in accordance with Section 53-7-314.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 310 - License specifications and limits.

53-7-310.
License specifications and limits.
(1)
(a) A license issued under this part shall state the name of the person or persons to whom it is issued.
(b) The license shall specify the location, by street and number, of the premises for which it is issued and the particular classification of the license authorizing the type of staffed plant or facility to be conducted.
(c) The registration of additional staffed plants or facilities, under Subsection 53-7-309(2), shall specify the location, by street and number, of the premises for which it is issued and the particular classification of the license authorizing the type of business to be conducted.
(2)
(a) Any license issued under this part is not transferable by the licensee or licensees to any other person, firm, association, partnership, or corporation, and is valid only for the particular premises and particular persons described on the license.
(b) If there is any transfer or change in the ownership, the change shall be reported to the board within 30 days.
(c) A license or registration fee paid under this part may not be refunded when any license issued is no longer valid because of:
(i) a voluntary transfer of any nature;
(ii) revocation under this part;
(iii) death of the holder;
(iv) insolvency;
(v) assignment for the benefit of creditors; or
(vi) for any other reason determined by rule of the board.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 311 - Certification of licensees for certain activities.

53-7-311.
Certification of licensees for certain activities.
(1) A person that transports or dispenses LPG or that installs, repairs, or services appliances, containers, equipment, systems, or piping for the use of LPG shall be certified by the division by passing an appropriate examination based on the safety requirements of the board.
(2)
(a) A trainee employee is exempt from this examination for 45 working days, and until examined by a representative of the board. A trainee employee, during the 45-day period, shall be supervised by a qualified instructor.
(b) Any LPG licensee hiring a trainee shall, within 20 days of the commencement of employment, notify the board, so that an examination may be scheduled. If the trainee fails to pass the examination, the trainee may retake it after additional instruction. Prior to retaking the exam, the trainee shall again be supervised by a qualified instructor.
(3)
(a) The board shall establish a reasonable fee in accordance with Section 53-7-314 to cover the costs of administering the examination.
(b) All examinations shall be administered by the division.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 312 - Division approval of certain storage system plans -- Procedure.

53-7-312.
Division approval of certain storage system plans -- Procedure.
(1)
(a) The complete plans and specifications for all systems involving the storage of more than 5,000 water gallons of LPG shall be submitted to the division by a person licensed under this part, and receive approval by the division before installation is started. The plans shall be drawn to scale and contain sufficient detail and clarity as necessary to indicate the nature and character of the proposed system and its compliance with this part.
(b) Two copies of the plans shall be submitted to the division and one copy shall be returned to the applicant with approval or disapproval indicated on it.
(2)
(a) For dispensing systems for 5,000 water gallons or less of LPG, a detailed sketch or plan shall be submitted to the division by a person licensed under this part, and receive approval by the division before installation is started.
(b) Two copies of the plans shall be submitted to the division and one copy shall be returned to the applicant with approval or disapproval indicated on it.
Amended by Chapter 14, 1995 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 313 - Removal of LPG containers -- Reasonableness of rates.

53-7-313.
Removal of LPG containers -- Reasonableness of rates.
(1) Rates charged for removal of leased LPG containers shall be reasonable.
(2) The lessor of an LPG container shall credit the lessee's account the current retail price for the amount of LPG remaining in the leased container at the time the container is removed.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 314 - Fees -- Setting -- Deposit -- Use.

53-7-314.
Fees -- Setting -- Deposit -- Use.
(1) The board shall establish fees authorized in this part in accordance with the procedures specified in Section 63J-1-504, but the fees shall be deposited as provided in Subsection (2).
(2) Fees collected by the division under this part, shall be deposited with the state treasurer as a dedicated credit, to be used for the implementation of this part.
Amended by Chapter 391, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 3 - Liquefied Petroleum Gas Act › Section 316 - Effect of part on state and local provision.

53-7-316.
Effect of part on state and local provision.
(1) This part supersedes all other conflicting state laws or rules concerning LPG as regulated under this part.
(2) A municipality or other political subdivision may not adopt or enforce any ordinance or rule in conflict with this part, or with the rules made under this part.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 4 - The Reduced Cigarette Ignition Propensity and Firefighter Protection Act › Section 401 - Title.

53-7-401.
Title.
This part is known as the "The Reduced Cigarette Ignition Propensity and Firefighter Protection Act."
Enacted by Chapter 362, 2007 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 4 - The Reduced Cigarette Ignition Propensity and Firefighter Protection Act › Section 402 - Definitions.

53-7-402.
Definitions.
As used in this part:
(1) "Agent" means any person authorized by the State Tax Commission to purchase and affix stamps on packages of cigarettes.
(2) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.
(3) "Manufacturer" means:
(a) any entity which:
(i) manufactures or otherwise produces cigarettes to be sold in the state;
(ii) causes cigarettes to be manufactured or produced anywhere with the intent to sell in the state; or
(iii) manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced with the intent to sell in the United States through an importer;
(b) the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(c) any entity that becomes a successor of an entity described in Subsection (3)(a) or (3)(b).
(4) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic, and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in Subsection 53-7-403(2)(f) for all test trials used to certify cigarettes in accordance with this part.
(5) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.
(6) "Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
(7) "Sale":
(a) means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefore; and
(b) includes, in addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money.
(8) "Sell" means to sell, or to offer or agree to sell.
(9) "Wholesale dealer" means:
(a) any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale; and
(b) any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.
Enacted by Chapter 362, 2007 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 4 - The Reduced Cigarette Ignition Propensity and Firefighter Protection Act › Section 405 - Marking of cigarette packaging.

53-7-405.
Marking of cigarette packaging.
(1) Cigarettes that are certified by a manufacturer in accordance with Section 53-7-404 shall be marked to indicate compliance with the requirements of Section 53-7-403. The marking shall be in eight-point type or larger and consist of:
(a) modification of the product UPC code to include a visible mark printed at or around the area of the UPC code, which may include alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC;
(b) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(c) printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this part.
(2) A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages marketed by the manufacturer, including:
(a) packs;
(b) cartons;
(c) cases; and
(d) any brands marketed by that manufacturer.
(3) The manufacturer shall notify the state fire marshal of the marking that it has selected in accordance with Subsection (2).
(4) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except that the state fire marshal shall approve any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes. Proposed markings shall be considered approved if the state fire marshal fails to act within 10 business days of receiving a request for approval.
(5) No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this section.
(6)
(a) Manufacturers certifying cigarettes in accordance with Section 53-7-404 shall provide:
(i) a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes; and
(ii) sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes.
(b) Wholesale dealers and agents shall provide a copy of the package markings received from manufacturers under Subsection (6)(a) to all retail dealers to which they sell cigarettes.
(c) Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the State Tax Commission, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this section.
Enacted by Chapter 362, 2007 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 4 - The Reduced Cigarette Ignition Propensity and Firefighter Protection Act › Section 406 - Penalties.

53-7-406.
Penalties.
(1)
(a) Except as provided in Subsection (1)(b), a manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 53-7-403:
(i) for a first offense shall be liable for a civil penalty not to exceed $10,000 per each sale of cigarettes; and
(ii) for a subsequent offense shall be liable for a civil penalty not to exceed $25,000 per each sale of such cigarettes.
(b) A penalty imposed under Subsection (1)(a) may not exceed $100,000 during any 30-day period against any one entity described in Subsection (1).
(2)
(a) Except as provided in Subsection (2)(b), a retail dealer who knowingly sells cigarettes in violation of Section 53-7-403 shall:
(i) for a first offense for each sale or offer for sale of cigarettes, if the total number of cigarettes sold or offered for sale:
(A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $500 for each sale or offer of sale; and
(B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $1,000 for each sale or offer of sale; and
(ii) for a subsequent offense, if the total number of cigarettes sold or offered for sale:
(A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $2,000 for each sale or offer of sale; and
(B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $5,000 for each sale or offer of sale.
(b) A penalty imposed under Subsection (2)(a) against any retail dealer shall not exceed $25,000 during a 30-day period.
(3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 53-7-404 shall, for each false certification:
(a) for a first offense, be liable for a civil penalty of at least $75,000; and
(b) for a subsequent offense, be liable for a civil penalty not to exceed $250,000.
(4) Any person violating any other provision in this part shall be liable for a civil penalty for each violation:
(a) for a first offense, not to exceed $1,000; and
(b) for a subsequent offense, not to exceed $5,000.
(5) In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action in district court for a violation of this part, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this part, including enforcement costs relating to the specific violation and attorney fees. Each violation of this part or of rules or regulations adopted under this part constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.
Amended by Chapter 394, 2013 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 4 - The Reduced Cigarette Ignition Propensity and Firefighter Protection Act › Section 407 - Implementation -- Effect of part on Model Tobacco Settlement Act and Tobacco Tax and Licensing Act.

53-7-407.
Implementation -- Effect of part on Model Tobacco Settlement Act and Tobacco Tax and Licensing Act.
(1) The state fire marshal may promulgate rules and regulations, pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to effectuate the purposes of this part.
(2) The State Tax Commission in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Title 59, Chapter 14, Cigarette and Tobacco Tax and Licensing Act, may inspect cigarettes to determine if the cigarettes are marked as required by Section 53-7-405. If the cigarettes are not marked as required, the State Tax Commission shall notify the state fire marshal.
(3) Nothing in this part shall affect an entity's obligations pursuant to:
(a)Title 59, Chapter 14, Cigarette and Tobacco Tax and Licensing Act; or
(b)Title 59, Chapter 22, Model Tobacco Settlement Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 4 - The Reduced Cigarette Ignition Propensity and Firefighter Protection Act › Section 408 - Inspection.

53-7-408.
Inspection.
To enforce the provisions of this part, the attorney general and the state fire marshal are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale, is hereby directed and required to give the attorney general and the state fire marshal the means, facilities, and opportunity for the examinations authorized by this section.
Enacted by Chapter 362, 2007 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 4 - The Reduced Cigarette Ignition Propensity and Firefighter Protection Act › Section 409 - Sale outside of Utah.

53-7-409.
Sale outside of Utah.
Nothing in this part shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 53-7-403 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.
Enacted by Chapter 362, 2007 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 4 - The Reduced Cigarette Ignition Propensity and Firefighter Protection Act › Section 410 - Preemption.

53-7-410.
Preemption.
This part shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this part is adopted and becomes effective.
Enacted by Chapter 362, 2007 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 4 - The Reduced Cigarette Ignition Propensity and Firefighter Protection Act › Section 411 - Local regulation.

53-7-411.
Local regulation.
Notwithstanding any other provision of law, a political subdivision of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this part or with any policy of this state expressed by this part, whether that policy be expressed by inclusion of a provision in this part or by exclusion of that subject from this part.
Enacted by Chapter 362, 2007 General Session