reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 204 - Time of application for admission to training program.

53-6-204.
Time of application for admission to training program.
At the time a person is employed or appointed as a peace officer, the chief executive officer of the agency employing or appointing shall submit to a certified academy an application together with the required background information required under Section 53-6-203.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 205 - Completion of training course required -- Persons affected.

53-6-205.
Completion of training course required -- Persons affected.
(1)
(a) Except as provided in Subsection (2), before a person may be certified as a peace officer in Utah the person shall:
(i) successfully complete the basic training course at a certified academy;
(ii) pass the certification examination; and
(iii) pass a physical fitness test.
(b) A person may not exercise peace officer authority until certified.
(2) Subsection (1) applies only to persons not previously certified and who receive their first employment appointment or election as a peace officer in Utah on or after January 1, 1985.
Amended by Chapter 58, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 206 - Waiver of training course requirement.

53-6-206.
Waiver of training course requirement.
(1) The division may waive the required basic peace officer training course and certify an applicant who:
(a) provides proof that the applicant meets the requirements under Section 53-6-203 relating to qualifications for admission to the training course;
(b) provides proof that the applicant has completed a basic peace officer training program that the division determines is equivalent to the course required for certification under this part;
(c) passes the certification examination;
(d) passes a physical fitness test; and
(e) provides proof that within the previous four years the applicant either:
(i) completed the basic peace officer training program for which the applicant is seeking credit; or
(ii) was actively engaged in performing the duties of a peace officer.
(2) A waiver applicant may not exercise peace officer authority until all waiver process requirements have been met and the applicant has been certified.
(3) If an applicant fails the examination under Subsection (1)(c), the division may not waive the required basic peace officer training course and the applicant shall comply with all of the requirements in Subsection 53-6-205(1) to be certified as a peace officer in Utah.
Amended by Chapter 296, 2012 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 207 - Municipalities may set higher minimum standards.

53-6-207.
Municipalities may set higher minimum standards.
The minimum standards in this part concerning peace officer qualifications and training do not preclude counties, cities, or towns from establishing standards higher than the minimum standards contained in this part.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 208 - Inactive certificates -- Lapse of certificate -- Reinstatement.

Effective 5/13/2014
53-6-208.
Inactive certificates -- Lapse of certificate -- Reinstatement.
(1)
(a) The certificate of a peace officer who has not been actively engaged in performing the duties as a certified and sworn peace officer for 18 consecutive months or more, but less than four consecutive years, is designated "inactive."
(b) A peace officer whose certificate is inactive shall pass the certification examination and a physical fitness test before the certificate may be reissued or reinstated.
(2)
(a) The certificate of a peace officer who has not been actively engaged in performing the duties as a certified and sworn peace officer for four continuous years or more is designated as "lapsed."
(b) A peace officer whose certificate is lapsed shall pass the basic training course at a certified academy, the certification examination, and a physical fitness test before the certificate may be reissued or reinstated.
Amended by Chapter 246, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 209 - Termination of employment -- Change of status form.

Effective 5/3/2023
53-6-209.
Termination of employment -- Change of status form.
(1) When a peace officer's employment terminates, the employing agency shall submit a change of status form noting the termination of the peace officer to the division.
(2) The change of status form shall:
(a) be completed and submitted within 30 days after the day on which the peace officer's employment terminates;
(b) identify the circumstances of the peace officer's status change by indicating that the peace officer has resigned, retired, terminated, transferred, is deceased, or that the peace officer's name has changed;
(c) indicate the effective date of action; and
(d) indicate the name of the new employer, if the status change is due to a transfer.
(3) If a peace officer's employment terminates during an open internal investigation regarding that peace officer and involving an alleged violation of Subsection 53-6-211(1), the employing agency shall:
(a) notify the division of the investigation in accordance with Subsection 53-6-211(6) within 30 days after the day on which the peace officer's employment terminates; and
(b) provide a reasonable estimated date of completion for the investigation.
(4)
(a) If an employing agency receives credible allegations and opens an internal investigation within two years after the day on which a peace officer's employment terminates, the employing agency shall:
(i) notify the division within 30 days after the day on which the employing agency opens the investigation; and
(ii) provide a reasonable estimated date of completion for the investigation.
(b) If the allegations described in Subsection (4)(a) involve alleged violations of Subsection 53-6-211(1), the agency shall report the allegations to the division in accordance with Subsection 53-6-211(6), regardless of whether the employing agency opens an internal investigation.
(5)
(a) Any person or agency who intentionally falsifies, misrepresents, or fails to give notice of the change of status of a peace officer is liable to the division for any damages that the failure to make the notification causes.
(b) The division shall provide the change of status form described in this section to the Utah Board of Higher Education within 30 days after the day on which the division receives a notice of termination if the relevant peace officer has received a Karen Mayne Public Safety Officer Scholarship as described in Section 53B-8-112.5.
Amended by Chapter 453, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 210 - Investigations and certification hearings -- Powers of division -- Violation.

53-6-210.
Investigations and certification hearings -- Powers of division -- Violation.
(1) For investigations by the division and for certification hearings or other testimony before the council, the division may administer oaths and affirmations, subpoena witnesses, take evidence, and require by subpoena duces tecum the production of relevant papers, records, or other documents or information, whether filed or kept in original form, or electronically stored or recorded.
(2) A person who willfully disobeys a properly served subpoena issued by the division is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 234, 1993 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 211.5 - Voluntary relinquishment of peace officer certification.

Effective 5/13/2014
53-6-211.5.
Voluntary relinquishment of peace officer certification.
(1) A peace officer may voluntarily relinquish the peace officer's certification to the division at any time when a disciplinary issue regarding the peace officer has been referred to the division.
(2)
(a) A peace officer who voluntarily relinquishes certification under this section may not subsequently be certified as a peace officer in this state.
(b) This section does not apply to a peace officer whose certification has become inactive or has lapsed as provided in Section 53-6-208.
Amended by Chapter 246, 2014 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 212 - Responsibility for training -- Certification.

53-6-212.
Responsibility for training -- Certification.
(1) The division is not responsible for providing basic or in-service training for peace officers defined and designated in Sections 53-13-104 through 53-13-106 except for approval of the instructors and content of training where required by this chapter, Title 53, Chapter 13, Peace Officer Classifications, or division rules.
(2) Where this chapter or Title 53, Chapter 13, Peace Officer Classifications, requires an agency head to certify that a member has completed required training, the division shall rely on the certification, as provided, to be accurate.
Amended by Chapter 92, 1999 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 2 - Peace Officer Training and Certification Act › Section 213 - Appropriations from reparation fund.

53-6-213.
Appropriations from reparation fund.
(1) The Legislature shall appropriate from the fund established in Title 63M, Chapter 7, Part 5, Utah Office for Victims of Crime, to the division, funds for training of law enforcement officers in the state.
(2) The department shall make an annual report to the Legislature, which includes the amount received during the previous fiscal year.
Amended by Chapter 131, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 3 - Dispatcher Training and Certification Act › Section 302 - Applicants for certification examination -- Requirements.

Effective 5/28/2021
53-6-302.
Applicants for certification examination -- Requirements.
(1) Before being allowed to take a dispatcher certification examination, each applicant shall meet the following requirements:
(a) be either:
(i) a United States citizen; or
(ii) a lawful permanent resident of the United States who:
(A) has been in the United States legally for the five years immediately before the day on which the application is made; and
(B) has legal authorization to work in the United States;
(b) be 18 years old or older at the time of employment as a dispatcher;
(c) be a high school graduate or have a G.E.D. equivalent;
(d) have not been convicted of a crime for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this or another state;
(e) have demonstrated good moral character, as determined by a background investigation;
(f) be free of any physical, emotional, or mental condition that might adversely affect the performance of the applicant's duty as a dispatcher; and
(g) meet all other standards required by POST.
(2)
(a) An application for certification shall be accompanied by a criminal history background check of local, state, and national criminal history files and a background investigation.
(b) The costs of the background check and investigation shall be borne by the applicant or the applicant's employing agency.
(3)
(a) Notwithstanding Title 77, Chapter 40a, Expungement, regarding expungements, or a similar statute or rule of any other jurisdiction, any conviction obtained in this state or other jurisdiction, including a conviction that has been expunged, dismissed, or treated in a similar manner to either of these procedures, may be considered for purposes of this section.
(b) Subsection (3)(a) applies to convictions entered both before and after May 1, 1995.
(4) Any background check or background investigation performed under the requirements of this section shall be to determine eligibility for admission to training programs or qualification for certification examinations and may not be used as a replacement for any background investigations that may be required of an employing agency.
(5) An applicant is considered to be of good moral character under Subsection (1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection 53-6-309(1).
Amended by Chapter 13, 2021 Special Session 1
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 3 - Dispatcher Training and Certification Act › Section 303 - Completion of certification examination required -- Persons affected.

53-6-303.
Completion of certification examination required -- Persons affected.
(1) Except as provided in Subsection (2), a person must successfully complete the basic dispatcher training course and pass the certification examination according to the requirements of this part before that person can be a certified dispatcher.
(2) Subsection (1) applies only to persons not previously certified and who receive their first employment as a dispatcher in this state on or after July 1, 1996.
Enacted by Chapter 134, 1995 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 3 - Dispatcher Training and Certification Act › Section 304 - Waiver of training course requirement.

53-6-304.
Waiver of training course requirement.
(1) The director may waive the required basic dispatcher training course and certify an applicant who:
(a) provides evidence that the applicant meets the requirements under Section 53-6-302, relating to qualifications for admission to the training course;
(b) provides evidence that the applicant has completed a basic dispatcher training program that, in the director's judgment, is equivalent to the course required for certification under this part; and
(c) passes the certification examination.
(2) An applicant who fails the examination under Subsection (1)(c) shall complete the basic dispatcher training course and pass the certification examination to become certified.
Amended by Chapter 258, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 3 - Dispatcher Training and Certification Act › Section 305 - Local governments -- Option -- Higher minimum standards.

53-6-305.
Local governments -- Option -- Higher minimum standards.
(1) Participation in dispatcher training and certification under this part is at the option of the legislative body of each county or municipality that employs dispatchers.
(2) The minimum standards in this part concerning dispatcher qualifications and training do not preclude counties or municipalities from establishing standards higher than the minimum standards contained in this part.
Enacted by Chapter 134, 1995 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 3 - Dispatcher Training and Certification Act › Section 306 - Inactive and lapsed certificates -- Reissuance or reinstatement -- Annual training requirement.

53-6-306.
Inactive and lapsed certificates -- Reissuance or reinstatement -- Annual training requirement.
(1)
(a) The certificate of a dispatcher who has not been actively engaged in performing the duties of a dispatcher for 18 consecutive months or more is designated "inactive."
(b) A dispatcher whose certificate is inactive shall pass the certification examination before the certificate may be reissued or reinstated.
(2)
(a) The certificate of a dispatcher who has not been actively engaged in performing the duties of a dispatcher for four continuous years shall be designated "lapsed."
(b) A dispatcher whose certificate has lapsed shall successfully complete the basic training course and pass the certification examination before the certificate may be reissued or reinstated.
(3)
(a) A certified dispatcher shall complete annual training approved by the director of 20 hours or more.
(b) If a dispatcher fails to satisfactorily complete the annual training, the dispatcher's certificate shall be suspended until any deficiency in the annual training is remedied.
Amended by Chapter 258, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 3 - Dispatcher Training and Certification Act › Section 307 - Termination of employment -- Change of status form.

53-6-307.
Termination of employment -- Change of status form.
(1) When a certified dispatcher's employment terminates or a certified dispatcher's status changes, the employing agency shall submit a change of status form noting the termination of the certified dispatcher to the division.
(2) The change of status form shall:
(a) be completed and submitted within 30 days of the certified dispatcher's termination date;
(b) identify the circumstances of the certified dispatcher's status change by indicating that the certified dispatcher has resigned, retired, terminated, transferred, deceased, or that the certified dispatcher's name has changed;
(c) indicate the effective date of action; and
(d) indicate the name of the new employer, if the status change is due to a transfer.
(3) Any person or agency who intentionally falsifies, misrepresents, or fails to give notice of the change of status of a certified dispatcher is liable to the division for any damages that may be sustained by the failure to make the notification.
Enacted by Chapter 134, 1995 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 3 - Dispatcher Training and Certification Act › Section 308 - Investigations and certification hearings -- Powers of division -- Violation.

53-6-308.
Investigations and certification hearings -- Powers of division -- Violation.
(1) For investigations by the division and for certification hearings or other testimony before the council, the division may administer oaths and affirmations, subpoena witnesses, take evidence, and require by subpoena duces tecum the production of relevant papers, records, or other documents or information, whether filed or kept in original form, or electronically stored or recorded.
(2) A person who willfully disobeys a properly served subpoena issued by the division is guilty of a class B misdemeanor.
Enacted by Chapter 134, 1995 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 3 - Dispatcher Training and Certification Act › Section 310 - Responsibility for training -- Certification.

53-6-310.
Responsibility for training -- Certification.
(1) The division is not responsible for providing basic or in-service training for certified dispatchers except for approval of the instructors and content of training where required by this chapter or division rules.
(2) Where this chapter requires an agency head to certify that a member has completed required training, the division shall rely on the certification, as provided, to be accurate.
Enacted by Chapter 134, 1995 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 3 - Dispatcher Training and Certification Act › Section 311 - Voluntary relinquishment of dispatcher certification.

53-6-311.
Voluntary relinquishment of dispatcher certification.
(1)
(a) A dispatcher may voluntarily relinquish the dispatcher's certification to the division at any time when a disciplinary issue regarding the dispatcher has been referred to the division.
(b) A dispatcher who voluntarily relinquishes certification under this Subsection (1) may not subsequently be certified as a dispatcher in Utah.
(2) Subsection (1) does not apply to a dispatcher whose certification has become inactive as provided in Section 53-6-306.
Enacted by Chapter 258, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 4 - Law Enforcement Canine Team Certification Act › Section 401 - Definitions.

Effective 5/5/2021
53-6-401.
Definitions.
As used in this part:
(1) "Council" means the Peace Officer Standards and Training Council created in Section 53-6-106.
(2) "Qualifying canine certifying entity" means an entity that certifies law enforcement canines and law enforcement canine handlers in accordance with the standards developed under Section 53-6-403.
Enacted by Chapter 201, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 4 - Law Enforcement Canine Team Certification Act › Section 402 - Law enforcement canine and handler certification.

Effective 5/5/2021
53-6-402.
Law enforcement canine and handler certification.
(1) Each law enforcement canine in the state shall be initially certified and annually recertified by a qualifying canine certifying entity.
(2) Each law enforcement canine handler in the state shall be initially certified and annually recertified by a qualifying canine certifying entity.
Enacted by Chapter 201, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 6 - Peace Officer Standards and Training Act › Part 4 - Law Enforcement Canine Team Certification Act › Section 403 - Canine and handler certification standards and criteria--Rules.

Effective 5/5/2021
53-6-403.
Canine and handler certification standards and criteria--Rules.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the council shall establish and maintain required standards for the training, certification, and recertification of:
(1) law enforcement canines; and
(2) law enforcement canine handlers.
Enacted by Chapter 201, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 1 - State Fire Marshal Division Administration › Section 102 - Definitions.

53-7-102.
Definitions.
As used in this chapter:
(1) "Board" means the Utah Fire Prevention Board created in Section 53-7-203, except as provided in Part 3, Liquefied Petroleum Gas Act.
(2) "Director" means the state fire marshal appointed in accordance with Section 53-7-103.
(3) "Division" means the State Fire Marshal Division created in Section 53-7-103.
(4) "Fire officer" means:
(a) the state fire marshal;
(b) the state fire marshal's deputies or salaried assistants;
(c) the fire chief or fire marshal of any county, city, or town fire department;
(d) the fire officer of any fire district;
(e) the fire officer of any special service district organized for fire protection purposes; and
(f) authorized personnel of any of the persons specified in Subsections (4)(a) through (e).
(5) "State fire code" means the code adopted under Section 15A-1-403.
(6) "State fire marshal" means the fire marshal appointed director by the commissioner under Section 53-7-103.
Amended by Chapter 14, 2011 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 1 - State Fire Marshal Division Administration › Section 103 - State Fire Marshal Division -- Creation -- State fire marshal -- Appointment, qualifications, duties, and compensation.

Effective 7/1/2021
53-7-103.
State Fire Marshal Division -- Creation -- State fire marshal -- Appointment, qualifications, duties, and compensation.
(1) There is created within the department the State Fire Marshal Division.
(2)
(a) The director of the division is the state fire marshal, who shall be appointed by the commissioner upon the recommendation of the Utah Fire Prevention Board created in Section 53-7-203 and with the approval of the governor.
(b) The state fire marshal is the executive and administrative head of the division, and shall be qualified by experience and education to:
(i) enforce the state fire code;
(ii) enforce rules made under this chapter; and
(iii) perform the duties prescribed by the commissioner.
(3) The state fire marshal acts under the supervision and control of the commissioner and may be removed from the position at the will of the commissioner.
(4) The state fire marshal shall:
(a) enforce the state fire code and rules made under this chapter in accordance with Section 53-7-104;
(b) complete the duties assigned by the commissioner;
(c) examine plans and specifications for school buildings, as required by Section 53E-3-706;
(d) approve criteria established by the state superintendent for building inspectors;
(e) promote and support injury prevention public education programs; and
(f) perform all other duties provided in this chapter.
(5) The state fire marshal shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 1 - State Fire Marshal Division Administration › Section 104 - Enforcement of state fire code and rules -- Division of authority and responsibility.

Effective 2/27/2023
53-7-104.
Enforcement of state fire code and rules -- Division of authority and responsibility.
(1) The authority and responsibility for enforcing the state fire code and rules made under this chapter is divided as provided in this section.
(2) The fire officers of any city or county shall enforce the state fire code and rules of the state fire marshal in their respective areas.
(3) The state fire marshal may enforce the state fire code and rules in:
(a) areas outside of corporate cities, fire protection districts, and other special districts or special service districts organized for fire protection purposes;
(b) state-owned property, school district owned property, and privately owned property used for schools located within corporate cities and county fire protection districts, asylums, mental hospitals, hospitals, sanitariums, homes for the aged, residential health-care facilities, children's homes or institutions, or similar institutional type occupancy of any capacity; and
(c) corporate cities, counties, fire protection districts, and special service districts organized for fire protection purposes upon receiving a request from the chief fire official or the local governing body.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 1 - State Fire Marshal Division Administration › Section 105 - State fire marshal, deputies, and investigators -- Status of law enforcement officers -- Inclusion in Public Safety Retirement -- Training.

53-7-105.
State fire marshal, deputies, and investigators -- Status of law enforcement officers -- Inclusion in Public Safety Retirement -- Training.
(1) The state fire marshal, his deputies, and investigators, for the purpose of enforcing and investigating violations of fire related statutes and ordinances, have the status of law enforcement officers.
(2) Inclusion under Title 49, Chapter 14, Public Safety Contributory Retirement Act, Title 49, Chapter 15, Public Safety Noncontributory Retirement Act, or Title 49, Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act, is not authorized by Subsection (1) except as provided in those chapters.
(3) The commissioner, with the concurrence of the Peace Officer Standards and Training Advisory Board may require peace officer standards and training for the state fire marshal, his deputies, and investigators.
Amended by Chapter 266, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 1 - State Fire Marshal Division Administration › Section 107 - Electronic writing.

53-7-107.
Electronic writing.
(1) Any writing required or permitted by this chapter may be filed or prepared in an electronic medium and by electronic transmission subject to the ability of the recipient to accept and process the electronic writing.
(2) Any writing required by this chapter to be signed that is in an electronic medium shall be signed by electronic signature in accordance with Title 46, Chapter 4, Uniform Electronic Transactions Act.
Amended by Chapter 21, 2006 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 7 - Utah Fire Prevention and Safety Act › Part 1 - State Fire Marshal Division Administration › Section 109 - Firefighter Support Restricted Account.

Affected by 63I-2-253 on 7/1/2024
53-7-109.
Firefighter Support Restricted Account.
(1) There is created in the General Fund the Firefighter Support Restricted Account.
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 41-1a-422; and
(b) donations or grants from public or private entities.
(3) The Legislature shall appropriate funds in the account to the division.
(4) The division shall distribute funds in the account to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) provide firefighter education and training programs;
(c) initiate and maintain active participation in all aspects of fire service;
(d) maintain a fire history museum; and
(e) represent over 2,000 active, inactive, retired, volunteer, or career firefighters throughout the state.
(5)
(a) An organization described in Subsection (4) may apply to the division to receive a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the division in accordance with Subsection (4) shall expend the distribution only to:
(i) pay for firefighter education or training programs;
(ii) pay for firefighter scholarship programs;
(iii) pay the costs of maintaining a fire history museum;
(iv) pay the costs of representing firefighter interests on a national and local level; and
(v) pay for assistance with purchasing equipment or apparatuses used in firefighting.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules providing procedures for an organization to apply to the division to receive a distribution under Subsection (4).
Enacted by Chapter 348, 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 203 - Utah Fire Prevention Board -- Creation -- Members -- Terms -- Selection of chair and officers -- Quorum -- Meetings -- Compensation -- Division's duty to implement board rules.

Effective 5/10/2016
53-7-203.
Utah Fire Prevention Board -- Creation -- Members -- Terms -- Selection of chair and officers -- Quorum -- Meetings -- Compensation -- Division's duty to implement board rules.
(1) There is created within the division the Utah Fire Prevention Board.
(2) The board shall be nonpartisan and be composed of 11 members appointed by the governor as follows:
(a) a licensed architect;
(b) a licensed engineer;
(c) a member of the Utah State Firemen's Association;
(d) the state forester or the state forester's designee;
(e) a member of the Utah State Fire Chiefs Association;
(f) a member of the Utah Fire Marshal's Association;
(g) a building inspector;
(h) a citizen appointed at large;
(i) a fire executive appointed from a full-time fire department in a county of the first class;
(j) a fire executive appointed from a full-time fire department in a county of the second class; and
(k) a fire executive appointed from a fire department in a county of the third, fourth, fifth, or sixth class.
(3)
(a) Except as required by Subsection (3)(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 (3)(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.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) A member whose term has expired may continue to serve until a replacement is appointed pursuant to Subsection (3).
(6) The board shall select from its members a chair and other officers as the board finds necessary.
(7) A majority of the members of the board is a quorum.
(8) The board shall hold regular semiannual meetings for the transaction of its business at a time and place to be fixed by the board and shall hold other meetings as necessary for proper 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.
(10) The division shall implement rules made by the board under Section 53-7-503 and perform all other duties delegated by the board.
Amended by Chapter 186, 2016 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 204.2 - Fire Prevention Support Account -- Funding.

Effective 5/12/2020
53-7-204.2.
Fire Prevention Support Account -- Funding.
(1) As used in this section:
(a) "Account" means the Fire Prevention Support Account created in Subsection (2).
(b) "Property insurance premium" means premium paid as consideration for property insurance as defined in Section 31A-1-301.
(2)
(a) To provide a funding source for the general operation of the division, there is created in the General Fund a restricted account known as the Fire Prevention Support Account.
(b) The following revenue shall be deposited in the account to implement this section:
(i) the percentage specified in Subsection (3) of the annual tax for each year that is levied, assessed, and collected under Title 59, Chapter 9, Taxation of Admitted Insurers, upon property insurance premiums and as applied to fire and allied lines insurance collected by insurance companies within the state;
(ii) the percentage specified in Subsection (4) of all money assessed and collected upon life insurance premiums within the state;
(iii) appropriations made by the Legislature; and
(iv) money collected from civil penalties in accordance with Section 53-7-504.
(3) The percentage of the tax specified in Subsection (2)(b)(i) to be deposited in the account each fiscal year is 25%.
(4) The percentage of the money specified in Subsection (2)(b)(ii) to be deposited in the account each fiscal year is 5%.
Amended by Chapter 403, 2020 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 206 - Equipment for new fire protection systems -- Standard equipment.

53-7-206.
Equipment for new fire protection systems -- Standard equipment.
All equipment for fire protective purposes, purchased in connection with the installation of completely new fire protection systems by any authorities having charge of public property, shall be equipped with the standard hydrant stem and cap nuts and standard threads for fire hose and fire hydrant couplings and fittings designated as the national standard, as adopted by the board, which standard is designated as the standard for the equipment in the state.
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 207 - Selling or offering for sale nonstandard equipment unlawful -- Exception.

53-7-207.
Selling or offering for sale nonstandard equipment unlawful -- Exception.
(1) A person may not sell or offer for sale any fire hose, fire hydrant, fire engine, or other equipment with threaded parts unless the equipment is fitted and equipped with the threads designated as national standard and adopted by the board and designated by law as the standard of the equipment in the state.
(2) Subsection (1) does not apply to:
(a) equipment sold or offered for sale to a local governing body for the purposes of maintaining, repairing, replacing, or extending existing fire protection equipment as provided in Section 11-4-2; and
(b) adapters and caps for fire protective purposes.
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 208 - Penalty and punishment.

53-7-208.
Penalty and punishment.
Any person who violates Sections 53-7-206 and 53-7-207, requiring standard equipment, is guilty of a class B misdemeanor.
Amended by Chapter 274, 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 209 - Inspection of buildings by officials -- Review of residential inspections.

53-7-209.
Inspection of buildings by officials -- Review of residential inspections.
(1) As used in this section, "International Fire Code" means the edition of the International Fire Code adopted by the Legislature with the amendments and additions in the State Fire Code.
(2) A fire chief or officer may enter a building or premises not used as a private dwelling at any reasonable hour to inspect the building or premises and enforce the rules made under this part and the state fire code.
(3) The owner, lessee, manager, or operator of a building or premises not used as a private dwelling shall permit inspections under this section.
(4)
(a) Subject to Subsection (4)(b), a county, city, or town shall, by ordinance, provide for review of an inspection conducted by the county's, city's, or town's fire chief or officer for a single-family residence within 30 days of the notice of the fire code compliance inspection.
(b) Upon request by a person who owns or is building a single-family residence, a chief executive officer of the county, city, or town in which is located the single-family residence, or the chief executive officer's designee, shall, with reasonable diligence, review an inspection described in Subsection (4)(a) to determine whether the inspection constitutes a fair administration of the State Fire Code.
(c) A review described in this section:
(i) is separate and unrelated to an appeal under the International Fire Code;
(ii) may not be used to review a matter that may be brought by appeal under the International Fire Code;
(iii) may not result in the waiver or modification of a State Fire Code requirement or standard; and
(iv) does not prohibit a person from bringing an appeal under the International Fire Code.
(d) A person who seeks a review described in this Subsection (4) may not be prohibited by preclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal under the International Fire Code on the grounds that the person raised the issue or brought the claim in the review described in this section.
Amended by Chapter 260, 2011 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 210 - Fire investigations by local officers -- Notification to division.

53-7-210.
Fire investigations by local officers -- Notification to division.
(1) The chief fire officer of any city, town, or county fire department, or of any fire district or special service district organized for fire protection purposes, or his authorized representative shall investigate the cause, origin, and circumstances of each fire occurring in his jurisdiction when property has been destroyed or damaged.
(2) The fire officer shall:
(a) begin the investigation immediately after the occurrence of the fire; and
(b) attempt to determine, among other things, whether the fire was the result of carelessness or of design.
(3) If the fire officer making this investigation determines that the fire appears to be suspicious, or of unknown origin, the officer may notify the division to request assistance.
Amended by Chapter 25, 2001 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 211 - Fire investigations by fire marshal.

53-7-211.
Fire investigations by fire marshal.
(1) If the division is of the opinion that further investigation of a fire is necessary, the state fire marshal, his deputy, or representative may:
(a) join the investigation in cooperation with the fire officers who have been conducting it;
(b) upon the request of the chief fire official of the political subdivision, assume control of the investigation and direct it; or
(c) conduct an independent investigation if necessary.
(2) A fire officer who has conducted or is conducting the investigation shall cooperate in every possible way with the state fire marshal, his deputy, and representative to further the purpose of the investigation.
(3) The county attorney or district attorney of the county in which the fire occurred shall, upon the request of the state fire marshal, his deputy, or representative, assist in the investigation.
Renumbered and Amended by Chapter 38, 1993 General Session
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 212 - Powers of fire marshal in respect to investigation.

53-7-212.
Powers of fire marshal in respect to investigation.
In investigating any fire the state fire marshal and his deputy may:
(1) subpoena witnesses;
(2) compel their attendance and testimony; and
(3) require the production of books, papers, documents, records, and other tangible items that constitute or may contain evidence relevant to the investigation in the judgment of the state fire marshal or his deputy.
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 213 - Criminal charges resulting from investigation -- Procedure.

53-7-213.
Criminal charges resulting from investigation -- Procedure.
If the state fire marshal, his deputy, or representative, or any other officer participating in the investigation of any fire believes that there is evidence sufficient to charge a person with arson, burning with intent to defraud or prejudice the insurer, or a similar crime, he shall furnish the county attorney or district attorney of the county in which the crime occurred with his evidence and request the county attorney or district attorney to commence the proper procedures to charge the person with the appropriate crime.
Renumbered and Amended by Chapter 38, 1993 General Session
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 214 - Insurance company reports of fires.

53-7-214.
Insurance company reports of fires.
(1) The state fire marshal, his deputy, and investigator may, in writing, require any insurance company transacting business in this state to release to the state fire marshal all relevant information or evidence found important by the state fire marshal, his deputy, and investigator that the company may have in its possession, relating to any fire loss in this state in which the company has an insuring interest. Relevant information includes:
(a) insurance policy information related to a fire loss under investigation and any application for the policy;
(b) available policy premium payment records;
(c) history of previous claims made by the insured; and
(d) material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence related to the investigation.
(2)
(a) Every insurance company transacting business in the state must file with the division a report of any fire of suspicious origin.
(b) The report shall show:
(i) the name of the insured;
(ii) the location of the property burned;
(iii) the probable cause of the fire;
(iv) the occupancy of the property burned;
(v) the construction of the building or structure burned;
(vi) the market value of the property involved;
(vii) the actual loss;
(viii) the insurance carried;
(ix) the insurance paid;
(x) the apportionment of loss where more than one company was on the risk; and
(xi) if a motor vehicle or building is involved in any fire loss, a description of the motor vehicle or building.
(c) In case of a fire of suspicious or incendiary origin, a preliminary report shall be made immediately through some officer or representative of the insurance company, showing:
(i) the name of the insured;
(ii) the date of the fire;
(iii) the location;
(iv) occupancy; and
(v) other facts and circumstances tending to establish the cause or origin of the fire.
(3) All persons making an adjustment occasioned by a loss due to a fire of suspicious or incendiary origin in this state shall, upon written request, send to the division a copy of the final adjustment immediately after the adjustment is made, signed by the person making the adjustment.
(4) Any insurance company or person acting in its behalf or any person making adjustments occasioned by a loss due to fire who releases information, whether oral or written, pursuant to Subsection (1), (2), or (3) is immune from any liability for the release of this information arising out of a civil action or penalty resulting from a criminal prosecution.
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 215 - Portable fire extinguishers -- Persons not subject to part.

53-7-215.
Portable fire extinguishers -- Persons not subject to part.
(1) The filling or charging of portable fire extinguishers prior to initial sale by the manufacturer is not subject to this part.
(2) Any firm that maintains its own fully equipped and specially staffed fire prevention, fire protection, and fire extinguisher servicing facilities is not subject to the licensing provisions of this part if it services only its own portable fire extinguishers.
(3) Individuals shall maintain a current certificate of registration.
Renumbered and Amended by Chapter 234, 1993 General Session