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Fire Prevention Board Meeting Minutes
D R A F T
MINUTES
Utah State Fire Prevention Board
September 8, 2009
BOARD MEMBERS PRESENT
Ted Black, Board Chair
Gregory L Allen, Board Member
Rick M. Bailey, Board Member
Richard J. Buehler, Board Member
Steven R. Hamblin, Board Member
Scott J. Spencer, Board Member
Robert B. Stoker, Board Member
Dennis Strong, Board Member
BOARD MEMBERS ABSENT
Robert D. Fazzio, Board Vice Chair
Pete Hackford, Board Member
STATE FIRE MARSHAL'S OFFICE STAFF PRESENT
Ron L. Morris, State Fire Marshal
Brent R. Halladay, Chief Deputy State Fire Marshal
Joan Besst, State Fire Marshal's Office
Mark Burton, State Fire Marshal's Office
Monica Colby, State Fire Marshal's Office
Oliver Moore, State Fire Marshal's Office
Lana Taylor, Counsel
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Item #1 on the agenda was Board meeting called to order by Board Chairman Ted Black. The meeting started at 8:36 am, in the South Salt Lake Council Chambers room, and Chairman Black welcomed and thanked everyone for coming. Board Vice Chair Robert Fazzio and Board member Pete Hackford were excused from the meeting.
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Item #2 on the agenda was the approval of the July 14, 2009 Board meeting minutes. Chairman Black entertained a motion for the approval of the minutes. Rick Bailey made a motion that the minutes be approved, Dennis Strong seconded it, and all Board members voted in favor.
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Item #3 on the agenda was presentation by State Fire Marshal Ron Morris informing the Board on proposed legislation for the 2010 Utah Legislative Session, to include but not limited to, Flame Effects Certification, Novelty Lighter legislation, and the adoption of the 2009 International Fire Code. Fire Marshal Ron Morris stated that there are two pieces of legislation that are being worked on this year, one being the Flame Effects certification. Ron stated the office has a protected copy of that and he has looked it over and feels pretty comfortable with it but it cannot be released yet, until the Sponsor, Representative Menlove, directs the office to do so. Ron did say that it looks like a good piece of legislation and should move forward without a problem. Regarding the Novelty Lighter legislation, the office also has a protected copy of that and he had a meeting with the Legislative Research to go over some changes that he would like to see. There have been some ongoing discussions with the Retail Grocer’s Association who represents the majority of the retailers that sell the Novelty Lighters, and the Fire Marshal’s Office is trying to come to some consensus with them before the legislation is finished so there will not be any problems as it moves through the legislative process. Fire Marshal Morris stated that on the International Fire Code, the Fire Marshal’s Office is hoping this will be moved forward today. Chairman Black is on the agenda of the Business & Labor Commission Interim Committee to present this to them for final approval and then it will be moved on to the body of the legislation as well. Ron also stated that there has been a lot of work done and a lot of thanks go out to the people who have been meeting to make sure the fire code is ready to be presented and ready to go forward for Chief Deputy Brent Halladay to make the presentation to the Legislature.
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Item #4 on the agenda was presentation to the Board by Brice Jensen, FM Global, seeking an amendment to R710-9 – Rules Pursuant to the Utah Fire Prevention Law that would allow an automatic industrial fire suppression system that also meets the UL300 standards specifically for manufacturing and bulk food production. Chief Deputy Halladay introduced Mr. Jensen from FM Global and Mr. Allen Glaser from Preferred Fire Protection to the Board to present their proposal regarding the large automatic industrial fryers. Mr. Glaser stated that they had started this large industrial fryer business back in March and they designed a bailing system with a misting type nozzle to protect this hood and hoping to get it passed, and Layton City, doing their job, turned it down. Basically what the system does is with a mist of water over the hot oil and the fryer is about five feet wide and twenty-seven foot long, and on the donuts the dough drops to one side and then flips across as it cooks, they do not know of any UL300 system that would protect this size of fryer and Kroger’s would like to see this system installed.
There was further discussion regarding this matter. Dean Hunt, Fire Marshal from Layton City Fire Department, commented that this was an enclosed fryer that is not open on the sides and it has side walls, so it is self-contained. Chairman Black stated that as he understood the code, we do not need a rule change on this, that Fire Marshal Dean Hunt has the full authority to approve this fryer. Fire Marshal Hunt stated that they had not considered this and that he had previously been working with Deputy Fire Marshal Oliver Moore a couple of times to try to get an approval for this system. Torbert Straten from Associated Fire also offered his comments regarding this UL300 system. Chairman Ted Black stated that when you are accepting an Engineer’s stamp is fine, but where the sprinkling system possibly could have a UL approval, he thinks this is an individual case but you can still can use the other section of the code and be within the combines of the law and rule, etc. Chairman Black also stated that he did not think the rule needed to be changed to accommodate what you have got with the discussion that has been at the meeting. Fire Marshal Hunt stated that he agreed and this made sense. Board member Dennis Strong asked that when the alternate means is accepted, what does this do to the insurance company if it was not approved this way, how does this work. Brice Jensen stated that the first system they turned in was using FM standards to come up with that design and then he submitted it to FM Global and they approved it but then when it went to Layton at the same time, it came back with the ruling that would not be approved because of the state rule, so there shouldn’t be a problem with this now that they go back to the water misting system that was submitted previously.
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Item #5 on the agenda was presentation to the Board by Chief Deputy Brent Halladay seeking approval of the 2009 edition of the International Fire Code, changes to that edition, and the proposed Utah amendments to that code as stated in R710-9 – Rules Pursuant to the Utah Fire Prevention Law. Chief Deputy Brent Halladay stated that he had asked Chief Scott Adams to join him as he is teaching a class in October for all of the Fire Marshals and Fire Prevention Officers of the State on all of the 2009 code changes. Chief Deputy Halladay stated that the Building Codes Committee and the Unified Code Analysis Council have spent several months going through the International Fire Code, Building Code, Residential Code, and Plumbing & Mechanical Code. The Board needs to approve their recommendation as the overseer of the code and offer their recommendations according to the new law of the Fire Code, as on September 16, 2009, Chairman Ted Black will take it before the Business & Labor Interim Committee to be modified or accepted, and we are hoping for their approval. Brent figured the best way to go over the code changes for the Board, was to make up a 2009 International Fire Code Synopsis which will go to the Business & Labor Interim Committee. Brent read through and discussed the Synopsis with Scott’s help to the Board members and there was extensive discussion among the Board members and audience. Board Council Lana Taylor explained how the Legislature does determine what the statute and law actually is every year in the rule making process, after the agency then submits these to the Division of Administrative Rules and they go through the process before it is official and is codified in the Utah Administrative Code. Fire Marshal Scott Adams wanted to recognize the people of the Unified Code Analysis Council and Fire Marshal Committee that spent so much of their time meeting at least two times a month, meetings going at least four hours each time, Chief Deputy Brent Halladay; Casey Vorwaller, Orem City; Mark Burton, State Fire Marshal’s Office; Phil Roberts, Murray Fire; Richard Lyman, Sandy Fire, who is also the liaison from the Uniform Building Codes Commission; Martha Ellis, Salt Lake City Fire; Craig Humphreys, North Logan Fire; Dennis Moss, BYU; Matt Schwenk, Ogden Fire; and Steve Cox from South Davis Metro Fire. Chairman Black stated that the Board also expresses their gratitude for the time and effort taken to go through all of these codes and it is very much appreciated. Board member Rick Bailey made a motion that the Board accepts the changes to the code as presented by the committee and moves to recommend to the Business & Labor Interim Committee that we adopt the 2009 Edition of the International Fire Code as presented and Greg Allen seconded it and all Board members voted in favor.
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We now went to Item #8 on the agenda, which is Old Business. Chief Deputy Brent Halladay stated that he asked Patricia Owen, who is the Attorney for the Legislative Research & General Council and for the Business & Labor Interim Committee about what they were going to do with the law as it currently is. The fire service has been placed under the Building Standards Act and with reference to the recommendations and adoptions; we are currently in Section 5856 of the Building Standards Act, and not under 53-7 of the Fire Prevention & Safety Act. Ms. Owen wrote back and stated that she had been asked to draft a Bill for consideration by the Business & Labor Committee which is intended to clarify the language and likely will include moving those provisions to the Utah Fire Prevention & Safety Act.
- Brent also sent a request to Cheryl Lynn Bradford, Governor Herbert’s Director of Boards and Commissions, regarding these four Board members, Ted Black, Greg Allen, Scott Spencer and Robert Stoker, as their terms end September 30, 2009 and the new term would begin on October 1, 2009. A letter was sent to Ms. Bradford to recommend that these Board members be reappointed. She will get back to us after her meeting with Governor Herbert.
- Item #9 on the agenda was New Business. Fire Marshal Ron Morris stated that we had some members of the Fire & Rescue Academy at the meeting today and he wanted to turn a few moments over to them for an update on the Mobile Command Training Center as it is up and running and on the road. Jolene Nuttall, Assistant Director at the Fire & Rescue Academy announced that the Mobile Command Training Center is open for business. On August 13, 2009, they had their official ribbon cutting ceremony at the academy where they had the UVU and State dignitaries attend and it turned out to be a lot of fun as it has been a long road. Jolene distributed pictures of the ribbon cutting ceremony where they were grateful to have President Holland attend and she explained about the mobile training that is offered.
Chief Deputy Brent Halladay stated that the academy has requested a substantial purchase with regard to their Firefighter Skills prop trailer and are looking at purchasing a new one. Mr. Darryl Pranger, Assistant Director from the Utah Fire & Rescue Academy, gave a presentation regarding the Firefighter Skills Mobile prop trailer. Mr. Pranger explained how they have previously had to use the old one and how burdensome it was and then explained how much better the new proposed trailer will work and will be in service for a long period of time. Under the procedures of the Utah Valley University, they are required to go for bid and find out how much it would actually cost to build such a device. The bids have come in and the winning bid came in at $84,637.05. Because the amount is over $50,000, it is required that the academy get the Board’s approval before they move forward. Their intentions are to have this first one built and then after they do some testing with it, in the spring of next year they will have money set aside also to possibly purchase a second one. If they have to make modifications to this original design, since the design is unique to the fire service, they will be working closely with the engineers and the manufacturer to make sure that it meets all requirements that they have and if they find there are additional things that can be improved upon they will be willing to work with them. This will allow the Utah Fire & Rescue Academy to save transportation costs, save the issues of trying to offload and load those mobile containers and it is a great opportunity to enhance the training of the Utah firefighters across the State of Utah. Mr. Pranger stated that they are seeking the Board’s approval to go ahead to award this bid and to purchase this frac tank. There was further discussion among Board members. Chairman Black asked for a motion and Scott Spencer made a motion directing Chief Deputy Halladay to have an electronic meeting with the Board members to approve the amount of $84,637.05 for the Fire & Rescue Academy to purchase the frac tank. Robert Stoker seconded it and all Board members voted in favor.
- Item #6 on the agenda was appeal to the Board by David W. Carlson, Associated Fire Protection, Inc., as allowed in Utah Administrative Code, R710-1-9.3, with regard to the denial issued by Chief Deputy Brent Halladay to be allowed to recertify to service portable fire extinguishers and automatic fire suppression hood systems in the State of Utah. David Carlson read his appeal to the Board members and went over and explained the theft charges that were on his criminal history. David also bought a bond for himself to give himself another chance to prove he would do a good job from now on. Torbert Straten who is the owner of Associated Fire Protection spoke to the Board members regarding David Carlson stating how long he had been at his company and explained some of the history that had previously happened and how much he was in favor of Mr. Carlson coming back to work for him. Chairman Black stated that the Board had deliberated very carefully over the information they had received from Mr. Carlson and Chairman Black asked for a motion to go into Executive Session. Board member Dick Buehler made a motion to go into the closed session and Robert Stoker seconded it and all Board members voted in favor. After the closed session Rick Bailey made a motion to go back into public meeting and Scott Spencer seconded it and all members voted in favor. Chairman Black asked if there was any further discussion. Dick Buehler stated to Dave Carlson that as a group they have confidence in him and feel that he had learned his lesson and that they believed he is willing to change his life and that Mr. Straten from Associated Fire had a lot of confidence in him also. Dick Buehler made a motion to recertify Mr. Dave Carlson to service portable fire extinguishers and automatic fire suppression hood systems in the State of Utah and also that in one year the Fire Marshal’s Office, with his permission, would run a background check on him and also have him come to the Fire Prevention Board meeting to see how he was progressing. Steve Hamblin seconded the motion and all Board members voted in favor.
- Item #7 on the agenda was appeal to the Board by Daniel C. Record, Pro Fire Alarm Inspections and Service, as allowed in Utah Administrative Code R710-11-7.3, with regard to the denial issued by Chief Deputy Brent Halladay to be allowed to certify to inspect and test fire alarm systems in the State of Utah. Mr. Halladay stated that he remembered Mr. Record previously having an alarm business. Mr. Record came into the Fire Marshal’s Office and spoke with Chief Deputy Halladay and a couple of the other deputies in the office and explained that he had spent 13 months and one day in the Federal Penitentiary with regard to child pornography. Mr. Record also was very open and honest about the problems he had had in the past and stated that he would like to go back into the fire alarm business. Chief Deputy Halladay stated that we had a letter sent by Deputy Todd Hohbein, who is at our Southern Office, that when he previously worked with Mr. Record, he did a good job and his work was adequate. There were no problems with Mr. Record as a Fire Alarm Technician in the business, but that was before the office required certification through our office. The letter that Chief Deputy Halladay issued to Mr. Record denying his certification on August 5, 2009, stated two concerns and a copy of this letter is in the file. Brent also read over a letter from Parole Officer Mr. Brian Blevins, stating Mr. Record’s probation conditions when he was released from prison. Brent went over the other reasons he had denied Mr. Record his certification and he then turned the time over to Mr. Record for his appeal to the Board. Mr. Bill Sheldon, a friend of Mr. Record, also spoke in favor of Mr. Record getting his certification. Chairman Black then asked for a motion to go into the closed Executive Session and Rick Bailey made this motion and it was seconded by Scott Spencer, all Board members voted in favor.
- Chairman Black asked for a motion to go back into the public meeting, Rick Bailey made this motion and Steve Hamblin seconded it, and all Board members voted in favor. Chairman Black stated that the Board now had returned to the public meeting, to continue the appeal hearing of Daniel Record to receive a license certification to inspect and test Fire Alarm Systems in the State of Utah. This case was deliberated over by the Board members in the closed meeting, and Chairman Black entertained a motion from the Board on this issue. Rick Bailey made a motion to deny the application of Mr. Daniel Record and Ted Black seconded the motion. Chairman Black asked for any further discussion from the Board, and there was none. The count of the Board members on the motion was Rick Bailey, yes; Dennis Strong, yes; Dave Hamblin, no; Scott Spencer, yes; Greg Allen, no; Dick Buehler, yes; and Robert Stoker, yes; and Chairman Black voted yes. Chairman Black stated that the majority of the Board has voted in favor of the motion which is to deny the application of Mr. Daniel Record for a license to inspect Fire Alarm Systems in the State of Utah. Chairman Black told Mr. Record that he had the right to appeal beyond the Fire Prevention Board, and if he contacted Chief Deputy Halladay, he would give him direction on where to go from here on the appeal.
- Item #10 on the agenda was Next Board Meeting – November 10, 2009, at the South Salt Lake City Council Chambers starting at 8:30 am. Chairman Black asked for a motion to adjourn the meeting. Richard Buehler made a motion to adjourn the meeting, Scott Spencer seconded it, and all Board members voted in favor. The meeting was adjourned.