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Fire Prevention Board Meeting Minutes
Pending Board Approval
MINUTES
Utah State Fire Prevention Board
January 12, 2012
BOARD MEMBERS PRESENT
Ted Black, Board Chair
Gregory L. Allen, Board Member
Richard J. Buehler, Board Member
Eric Miller, Board Member
Luis M.Silva, Board Member
Scott J. Spencer, Board Member
Robert B. Stoker, Board Member
Dennis Strong, Board Member
Lana Taylor, Assistant Attorney General
BOARD MEMBERS NOT PRESENT
Rick M. Bailey, Board Member (Excused)
Vincent A. Newberg, Board Member (Excused)
STATE FIRE MARSHAL'S OFFICE STAFF PRESENT
Brent Halladay, State Fire Marshal
Coy Porter, Chief Deputy State Fire Marshal
Monica Joffs, State Fire Marshal's Office
Mark Burton, State Fire Marshal's Office
Richard Gee, State Fire Marshal's Office
Oliver Moore, State Fire Marshal's Office
Deanne Mousley, State Fire Marshal's Office
Kim Passey, State Fire Marshal's Office
Janet Read,
State Fire Marshal's Office
Stan Robins, State Fire Marshal's Office
Kelly Snow, State Fire Marshal's Office
PRESENT
Many members of the public, media and the fire service were in attendance at this meeting. The attendance log is kept with the full record of the meeting, recording and all other related paperwork.
Item #1 on the agenda, Board meeting called to order by Fire Prevention Board Chairman Ted Black.The meeting started at 8:30 A.M., at the South Salt Lake City Hall, Council Chambers. Chairman Black welcomed and thanked everyone for coming.
Item #2 on the agenda was the approval of the November 8, 2011 Board meeting minutes. Motion was made by Chief Robert Stoker to accept the minutes with a minor change to item number seven of the spelling of Mike Mathieu, Fire Chief for Ogden City, this was seconded by Chief Scott Spencer, and the motion was carried unanimously.
Item #3 on the agenda was an election conducted by Board Chair Ted Black for a new Board Vice-Chair to replace retired Board Member Robert Fazzio. Chief Robert Stoker nominated Board member Dennis Strong. No further nominations were made, motion made by Board member Richard Buehler, seconded by Chairman Black. Motion was carried unanimously and Dennis Strong has now been elected as Fire Prevention Board Vice Chair.
Item #4 on the agenda was presentation to the Board by Assistant Attorney General Lana Taylor of the annual requirement to inform the Board of any material changes to the Open and Public Meetings Act as required in UCA 52-4-9. Counselor Taylor presented a handout summarizing all of the basic public meetings requirements to all of the Board Members and a copy of this handout is kept with the record of this meeting. She reviewed the definitions as outlined in the statute such as Open versus Closed meetings, providing notice, and recording meetings as well as the functionality of workgroups outside of the public forum and public input.
Item #5 on the agenda was presentation to the Board by Chief Deputy Coy Porter of the Governor’s budget proposal and upcoming legislation for the 2012 session of the Utah State Legislature. Deputy Porter explained the funding request for the Utah Fire and Rescue Academy for duplication of training props as well as the $350,000 of ongoing money as per the recommendation by the Fire Prevention Board. He also reviewed the Fireworks changes in House Bill (HB) 33 which will return the time/days/duration of the Fireworks season to sales from June 23 to July 27 and December 30 to January 1 and two days before and on the Chinese New Year Eve; they may be discharged between the hours of 11 a.m. and 11 p.m. beginning on July 1 to July 7 and July 21 to July 27 and beginning at 11 a.m. on December 31 and ending at 1:00 a.m. on the following day and beginning at 11 a.m. on the Chinese New Year Eve and ending at 1 a.m. on the following day. He also discussed HB 45 that will deal with the recommendations of the Fire Prevention Board in regard to antifreeze in automatic fire sprinkler systems as well as to add to the urban interface recommendation when it comes to smoking materials; to add fireworks, matches and those kinds of items in order for municipalities to be able to restrict those types of items in their communities. Senator Okerlund is working on a multi-jurisdictional blasting permit to be regulated/issued by the State Fire Marshal’s office. HB 256 will also further define the regulations with regard to disability and retirement issues. Senator Bramble is asking for an amendment in the LP Gas legislation to allow for end of use operators to be exempt from additional certification if they have the training. HB 27 may have some impact in regard to the fire alarm systems being installed in buildings. Other legislators have expressed interest in use of emergency medicines in schools, pharmacies and fraudulent prescriptions, asbestos, seismic safety issues, and DNR orders in regard to emergency personnel Board Member Richard Buehler added that Senator Davies is sponsoring a bill called the Wildlife Fire Amendment in order to facilitate cost recovery for fighting wild land fires. State Fire Marshal Halladay added that per a meeting with Senator Kiser, there may be extra money ($300,000) available for supplies and training in regard to USAR and SUSAR (Urban Search And Rescue / State Urban Search And Rescue). Representative Kiser would like State Fire Marshal Halladay and the Fire Prevention Board to make recommendations in regard to any requests for funding for these programs. This is addressed further in “New Business”. State Fire Marshal Halladay is also working with Representative Menlove to address on the job illness/injury issues that have surfaced over the last year and disability insurance/retirement coverage.
Item #6 on the agenda was a report to the Board by Chief Ryan Eckardt, Chair, Fire Service Standards and Training Council, concerning the evaluation of fire service certification at the Utah Fire & Rescue Academy. Chief Eckardt will also report on the status of the Collapsed Training Building proposal as put forward by Chief Don Rosenkranz, Sandy Fire Department. Chief Eckardt stated that Chief Rosenkranz requested that his proposal to the Standards and Training Council be postponed and so he would not be addressing that issue at this time. Phil Roberts, Fire Marshal for the Murray Fire Department next addressed the board to give the findings of the evaluation. The Standards and Training Council found that UFRA currently maintains all appropriate and adequate state and national accreditations with training, testing and certification materials and stays current will all NFPA regulations. UFRA also works in conjunction with other state wide centers of education in fire fighter related programs and maintains online education and testing services that meet and exceed NPFA standards and the Utah State Code. Board Member Richard Buehler commented that the national accreditation is very important as firefighters can often have opportunities to be sent to other states to help fight wild land and structure fires.
Item #7 on the agenda was a presentation to the Board by David Gneiting, Risk Manager, Nebo School District, requesting the Board allow that the four required fire drills in secondary schools be modified to two required fire drills each year, and the other two drills could be used for other emergency drills such as drills for “threats of violence, hazardous chemical release, etc. as currently allowed in the elementary schools. Mr. Gneiting spoke and presented supporting documentation for this record from the Nebo School District for the proposed rule change to UCA R710-4-3. This change has already been made for public elementary schools and would only require a change in the language of the rule to include secondary schools as well. After some discussion by the Board, Chairman Black requested that this issue be added to the next Fire Prevention Board Meeting Agenda and requested Mr. Gneiting to attend so that the Board can make a decision on this issue at that time.
Item #8 on the agenda was presentation to the Board by State Fire Marshal Brent Halladay and Enzo Calfa, DFCM Building Official, on the retroactive requirement listed in the International Fire Code, Sections 510.1 and 510.3 with regard to emergency responder radio coverage in existing buildings. State Fire Marshal Halladay discussed this issue with the Board, stating that this issue has come forth in regard to suppression and rescue in firefighting in that there are areas in buildings where there is no responder radio coverage. As such, departments may be hesitant to send in fire personnel with no radio coverage. The cost of retrofitting existing buildings in order to insure radio contact can be cost prohibitive (as much as $60,000 for one new building in the Cedar City area) as well as problematic in regard to the varying types of wattage and radio frequencies being used by each department. Mr. Calfa stated that it is also extremely difficult to predict a new building’s radio contact coverage before the building is complete due to many different structural and variables that may or may not affect coverage. He stated that if all of the state buildings are required to be retrofitted that they do not have the necessary funding to do so, nor do they have the personnel to evaluate and manage this issue. Mr. Calfa requested a stop-gap measure until this issue can be resolved and perhaps some amendment to the rule itself. Deputy Chief Coy Porter stated that per the current statute the fire service is not required to upgrade or change any of their radio systems at this time. Deputy State Fire Marshal Kim Passey said that the necessary systems are antennae systems in which the costs can vary widely based on the type and makeup of the building and depending on the company that is quoting the prices to you. He gave the new Tooele County Jail as an example where that system cost $35,000. State Fire Marshal Halladay stated that at this time, his deputies are on hold on this issue until it has been decided how to proceed. Chairman Black asked Chief Scott Adams from Park City Fire District if they have addressed this issue at all in code review. Chief Adams stated that the Fire Code Committee had not addressed that issue yet. Chairman Black asked that Chief Adams please have this issue reviewed for the next meeting. Chief Adams agreed. Mr. Calfa stated that they would also need to specify who would be responsible for all of the testing and tracking of this issue in all of these buildings. Phil Roberts, Fire Marshal for the Murray Fire Department spoke about the Intermountain Medical Center and the 800 megahertz systems that they installed there and the complicated testing involved. Per Chairman Black, this issue is to be placed on the agenda for the next Fire Prevention Board Meeting.
Item #9 on the agenda was introduction to the Board by Chief Deputy Coy Porter of proposed amendments to R710-7, Concerns Servicing Automatic Fire Suppression Systems that would establish some regulations for the Kitchen/Exhaust Inspection & Cleaning Industry when they clean and service hood systems with fire protection systems installed. Chief Deputy Porter stated that Deputy Oliver Moore was working on updating and modifying the language of this rule in order to insure that Hood cleaners be properly trained and licensed as they often disable the hood suppression systems while cleaning them. They need to be certified to properly disable and then be able to re-engage the systems so that they continue to work properly. The modification to the language will also include specific requirements in regard to the tagging and labeling of suppression systems. The hood suppression industry is also in accordance with the need to regulate these items. Brent Jones and Tyrell Tew from State Fire DC Specialties spoke as representatives from their industry. They are concerned about hood cleaners disabling suppression systems as they feel that the cleaners should not be disabling systems unless they are completely trained and certified to do so. Deputy Fire Marshal Oliver Moore addressed this issue as well. He stated that these hood cleaning companies rarely take down the suppression systems when they are cleaning. However, it is necessary to do so in some circumstances. According to Deputy Moore, action on this issue has been prompted by the cleaning industry and the important thing is to make sure that the companies that are cleaning these systems have the proper training, licensure and insurance to do so, rather than many of the less qualified/trained companies now doing so in the State of Utah. Chairman Black requested that this issue be placed for action to be taken on the next Fire Prevention Board Meeting Agenda.
Item #10 on the agenda was presentation to the Board by State Fire Marshal Brent Halladay, recommending to the Board amendments to R710-2, Rules Pursuant to the Utah Fireworks Act, with regard to the required separation of aerial fireworks at point on sale in mixed retail occupancies. State Fire Marshal Halladay reviewed the meeting held on December 7, 2011 which included members of the fire service. It was decided at that meeting to send three members of the fire service to meet with Representative Dunnigan, the fireworks distributors, and the retailers on January 3, 2012. Per the discussions and decisions from that meeting (a unanimous vote minus two opposed being BJ Alan/Phantom and Winco Fireworks), the following was submitted by State Fire Marshal Halladay to the Board with the new proposed language with regard to “separation at point of sale” along with added definitions for specific terms which now gives three choices when it comes to point of sale:
R710. Public Safety, Fire Marshal. NEW PROPOSAL
R710-2. Rules Pursuant to the Utah Fireworks Act.
R710-2-2. Definitions.
2.1 "Authority having jurisdiction (AHJ)" means such county and municipal officers who are charged with the enforcement of state and municipal laws; consisting of all fire enforcement officials including designated staff from the Utah State Department of Public Safety.
2.2 “Aerial device” means a cake that is a collection of mine/shell tubes that has a single fuse which is used to light several tubes in sequence. A cake may also be defined as an aerial repeater or multi-shot aerial and does not exceed more than 500 grams of pyrotechnic composition.
2.3 “Bin” means a container or enclosed space for storing or displaying aerial fireworks that would reasonably limit the effect of the pyrotechnic material if ignited, and would not allow rapid spread of the fire to areas away from the immediate area of ignition.
2.4 “Constant Visual Supervision” means that visual supervision is continually occurring or regularly recurring.
2.[3]5 “Covered fuse” means a fuse or designed point of ignition that is protected against accidental ignition by contact with a spark, smoldering item or small open flame.
2.6 “Designated Store Employee” means a specific employee assigned that title or the employee who works at the work station where the measurement was taken to the aerial fireworks display.
2.7 “Direct Line of Sight” means there is a clear unobstructed view to the aerial fireworks display.
2.[4]8 “Flame Effects” means Flame Effects Operator or Flame Effects Performing Artist.
2.[5]9 “Flame Effects Performing Artist” means a fire spinner, fire dancer or fire performer who is paid to perform professionally in a public location.
2.[6]10 "ICC" means International Code Council, Inc.
2.[7]11 "IFC" means International Fire Code.
2.[8]12 “Licensed Operator” means any person who discharges, ignites, supervises, manages, oversees or directs the discharge of display fireworks, special effects fireworks, flame effects or flame effects performing artist.
2.[9]13 “NAFAA” means the North American Fire Arts Association.
2.[10]14 "NFPA" means National Fire Protection Association.
2.[11]15 "Permanent structure" means a non-movable building, securely attached to a foundation, housing a business.
2.[12]16 "Person" means an individual, company, partnership or corporation.
2.[13]17 "Pre-packaged means that the product is wrapped in a clear plastic wrap or other equivalent material to prevent the fuse of the class C common state approved explosive from being accessible to the customer.
2.[14]18 "Resale" means the act of reselling class B or C explosives to a new party.
2.[15]19 "SFM" means the State Fire Marshal.
2.[16]20 "Tent" means a temporary structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents it protects.
R710-2-6. Display, Sale, and Signage of Aerial Devices.
6.1 In addition to those requirements in Sections 3, 4 and 5, all aerial devices shall be packaged and displayed for sale in a manner that would provide public safety by completing one of the following:
6.1.1 Provide constant visual supervision by direct line of sight by a store employee when all of the following requirements are met:
6.1.1.1 The aerial display shall not be more than 40 feet from the designated employee’s work station.
6.1.1.2 The aerial devices are restrained by using at least one of the following methods:
6.1.1.2.1 The aerial devices are placed in a bin or bins that meets the definition stated in Section 2.3.
6.1.1.2.2 The aerial device shall have an additional layer of packaging requiring that the additional layer of packaging be punctured or torn to gain access to the fuse cover.
6.1.2 Provide constant visual supervision by direct line of sight by a designated store employee where the aerial display is not more than 25 feet from the designated employee’s work station.
6.1.3 Place the aerial devices in an area that is physically separated from the public so that the customer cannot handle the aerial devices without the assistance of an employee.
6.2 Where aerial devices are sold in permanent structures, the aerial device display shall be placed in a location that gives the customer access to the aerial devices just before the customer checks out and exits the store.
6.3 Wherever aerial devices are sold, there shall be signage with a minimum font of one inch, to warn and inform the customer of the dangers of aerial devices and the signage shall state the following:
6.3.1. “Aerial fireworks are designed to travel up to 150 feet into the air and then explode.
6.3.2 Aerial fireworks shall be placed on a hard level surface outdoors, in a clear and open area prior to ignition.
6.3.3 Anyone under the age of 16 shall not handle or operate aerial fireworks.
6.3.4 Ignition of aerial fireworks shall be a minimum of 30 feet from any structure or vertical obstruction.
6.3.5 Aerial fireworks shall not be ignited within 150 feet of the point of sale.
6.3.6 Please read and obey all safe handling instructions before using aerial fireworks.”
Note: Items 6.1.1 and 6.1.2 would be the new additions and 6.2.3 would remain unchanged as the third option which is already in place. Board member Dennis Strong asked for clarification of the definition of “bin”. State Fire Marshal stated that he took this definition from the NFPA and that the bin should keep any accidental ignition of fireworks within the immediate area. Upon opening this issue for public discussion, Chairman Black stated that each comment would be limited to three minutes in order to allow proper time for all comments.
First to give comment was Casey Vorwaller from Orem Fire Division, representing the Fire Marshals Association of Utah. He stated that they do support this fireworks amendment proposal and that this would suffice the needs of all parties involved.
Kate Bradshaw, vice president of the Utah Retail Merchants Association of Utah and the Utah Food Industry Association spoke next. She stated that the associations that she represents do support this proposal.
Chief Gil Rodriguez from Murray City representing the Utah State Fire Chiefs spoke next. He stated that there is no perfect proposal regarding fireworks, especially when considering safety. However, he also stated that the Utah State Fire Chiefs agree with and back this proposal at this time.
State Fire Marshal Halladay added two items. First, that Mr. Chadwick, vice president of the Fireman’s Association wanted to also give his agreement and support to this proposal on behalf of his association. Second, that State Fire Marshal Halladay also received three letters from BJ Alan/Phantom and Winco stating that they do not agree with this proposal.
Jerald Farley from TNT Fireworks spoke next and stated that they are in support of the new proposal.
Steven Foote spoke next representing himself, although in the past he had been engaged to represent Winco and BJ Alan fireworks companies. He feels that the current rule in place is the best one in order to insure prevention and that the current regulations worked last year. He stated that there was a good chance that if this new proposal is adopted, that the $500,000 in extra tax revenue that the State of Utah received due to the new fireworks laws last year would be needed to fight potential fireworks emergencies this year.
Martha Ellis, Salt Lake City Fire Marshal spoke next. She stated that Salt Lake City supports maintaining the rule as it stands now. She thinks that the 25 foot rule would be reckless and inconsistent with any other rule that is currently in place with regard to any other hazard with regard to separation. She would recommend removing the 40 foot rule but including the same constraint criteria with the 25 foot rule. She also recommended that the bins be required to be self-closing. She thinks that the definition of “constantly recurring visual supervision” should be left up to the individual retailers. Marshal Ellis wanted to know if there would be accounting of each Board Member’s vote if this action was voted on today. Assistant Attorney General Lana Taylor stated that this did not have to occur but that it could. Chairman Black stated that he would be fine with each member’s vote being recorded into the meeting record.
As no one else came forward at that time, the issue was then closed by Chairman Black for public comment. Board Member Louis Silva made a comment that he was concerned that if the two additional options were added to the rule that there would be a lack of public education. He also questioned the amount and size of “signage” that would be displayed at the point of sale. State Fire Marshal Halladay stated that the fireworks distributors provided the signage in 1” font when the displays were set up and that you cannot sell these fireworks without the signage. Chairman Black stated that businesses in his area of the state had more than adequate signage.
Board Member Silva also questioned the representative from the retailers about the term “constant visual supervision” and how that would be defined for their stores. Michael Oxborough Smith’s Food and Drug Centers addressed this issue by explaining the extensive training procedures that they took in preparing staff for the fireworks sales season. Kate Bradshaw, representing the Utah Retailers Association, stated that the training and standard security procedures would be set up and enacted on an individual store-by-store basis. Board Member Silva questioned Ms. Bradshaw’s interpretation of fireworks display placement “just before” checkout. She stated that it would be as before with a pull tag system where you would get the firework as you were checking out or similarly, the display would be placed right by the checkout stands themselves. According to State Fire Marshal Halladay, the final decision would be left to the individual fire chief/marshal as they reviewed and inspected each of their district retail stores and the fireworks placements.
Comment then was made by Board Member Greg Allen with concern as to the training and procedures or duties of employees that were supposed to be monitoring the fireworks displays. Ms. Bradshaw commented that the duties would be to monitor and respond would vary according to each store’s security procedures. State Fire Marshal Halladay agreed that it would be left up to each individual store’s security policies. Board Member Buehler questioned the fact that the State Fire Marshal’s Association supported this new proposal while one of its marshals (Marshal Martha Ellis) stood up against these proposed changes and wanted this clarified. Casey Vorwaller from Orem Fire Division and representing the Fire Marshals Association of Utah, spoke again to address this issue and stated that there were differing opinions within this Association, but as a body, they support the new proposal based on all of the information that they have received on this issue. Martha Ellis, Salt Lake City Fire Marshal spoke again stating that she was representing Salt Lake City Fire Department and that although she respects the decision of the Utah Fire Marshals Association, she disagrees with this proposal at this time.
Motion was made by Chief Scott Spencer to accept the new fireworks proposed amendment to R710-2, Rules Pursuant to the Utah Fireworks Act, with regard to the required separation of aerial fireworks at point on sale in mixed retail occupancies. Motion was seconded by Chief Robert Stoker seconded this motion. Comment was made by State Attorney Lana Taylor that there should be a record made in the minutes of each individual vote taken. Chairman Black agreed to do a roll-call vote. Board Member Dennis Strong voted ‘for’, Board Member Eric Miller voted ‘for’, Board Member Robert Stoker voted ‘for’, Board Member Scott Spencer voted ‘for’, Board Member Greg Allen voted ‘nay’, Board Member Richard Buehler voted ‘for’, Board Member Louis Silva voted ‘for’, and Chairman of the Board Ted Black voted ‘for’. Motion was carried.
Item #11 on the agenda was Old Business. There was no old business.
Item #12 on the agenda was New Business. Chairman Black asked State Fire Marshal Halladay to explain the issue of possible monies available from the restricted account for supplies and training in regard to USAR and SUSAR (Urban Search And Rescue/State Urban Search And Rescue) and getting a recommendation from the State Fire Prevention board as to how much to ask for and how it should be worded. State Fire Marshal Halladay stated that there was money available and it would come from the Utah Fire Academy Restricted Account and that he was tasked by Representative Kiser to give recommendations on amount and dispersal of these monies. However, State Fire Marshal Halladay would prefer to get the input and decision on this issue from the Board.
The initial amount of $300,000 was recommended to pay for the proposed permanent collapsed building training project from Sandy City that had been discussed at the last Fire Prevention Board meeting. Chief Robert Stoker made a motion to request the $300,000 for USAR and SUSAR training and then that the Board would have the opportunity to allocate it later. The motion was seconded by Board Member Greg Allen. Chief Spencer voiced concern about the funds being limited for use for USAR and SUSAR as it is not needed in most other counties in Utah. Board Chairman Black agreed with that point but also made the point that USAR and SUSAR could be necessary in emergency situations in any part of Utah depending on circumstances that occur. State Fire Marshal Halladay stated that Representative Kiser expressed concern that USAR is pretty well funded by the Federal Government but they can also ship that team all over the country to where the Federal Government feels they are needed. He feels it is important to get training to every county to be knowledgeable in Urban Search and Rescue in order to know what help to ask for in an emergency and to fund the supplying and training of SUSAR teams as well. Board Chairman Black emphasized that the building in Sandy City has not been approved yet and that the Legislature would actually approve the funding. The Board would be making the request for these monies as well as appropriating how the money would be used. Chief Deputy Porter stated that this funding would be specific to USAR and SUSAR, collapsed building training, rescue, body recovery, etc. State Fire Marshal Halladay stated that there is currently over $1.5 million in the restricted account and he thinks it would be wise to use that money for that which it was intended for before it gets earmarked and used by another legislator for some other purpose. The motion was altered by Chief Stoker and clarified as making a request for $300,000 this year and ongoing for USAR, SUSAR and rescue training and other support needs. Board Member Greg Allen expressed his concern at the much larger money request now that they would be requesting the $300,000 to be ongoing. State Fire Marshal Halladay stated that that amount of money could be used up quickly with this type of equipment and training and that it is a reasonable request. Motion was seconded by Board Member Greg Allen. Board Member Richard Buehler voice his opinion that he hoped that the ongoing money would be approved and that he liked the flexibility in the wording for the Board to be able to approve various related costs as they come up over the years. State Fire Marshal Halladay stated that the legislature would review this funding every few years to make sure that it was meeting “legislative intent” which wording would ultimately be decided on Capitol Hill. The Fire Prevention Board then voted on this motion and it was carried unanimously.
Item #13 on the agenda was that the next Board Meeting will be on March 13, 2012 at the South Salt Lake City Hall Council Chambers starting at 8:30 A.M. Chairman Black asked for a motion to adjourn the meeting. Board Member Richard Buehler made the motion to adjourn the meeting, Board Member Eric Miller seconded it, and all Board members voted in favor. The meeting was adjourned.