administrative duties. (1) The board shall: (a) administer the state fire code as the standard in the state; (b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (i) establishing standards for the prevention of fire and for the protection of life and property against fire and panic in any: (A) publicly owned building, including all public and private schools, colleges, and university buildings; (B) building or structure used or intended for use as an asylum, a mental hospital, a hospital, a sanitarium, a home for the elderly, an assisted living facility, a children's home or day care center, or any building or structure used for a similar purpose; or (C) place of assemblage where 50 or more persons may gather together in a building, structure, tent, or room for the purpose of amusement, entertainment, instruction, or education; (ii) establishing safety and other requirements for placement and discharge of display fireworks on the basis of: (A) the state fire code; and (B) relevant publications of the National Fire Protection Association; (iii) establishing safety standards for retail storage, handling, and sale of a division 1.4G common state approved explosive; (iv) defining methods to establish proof of competence to place and discharge display fireworks, special effects fireworks, and flame effects; (v) subject to Subsection (2), creating a uniform statewide policy regarding a state, county, special district, and local government entity's safe seizure, storage, and repurposing, destruction, or disposal of a division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or division 1.4G explosive that: (A) is illegal; or (B) a person uses or handles in an illegal manner; (vi) deputizing qualified persons to act as deputy fire marshals, and to secure special services in emergencies; (vii) implementing Section 15A-1-403; (viii) establishing criteria for the certification of firefighters, pump operators, instructors, fire officers, fire investigators, and rescue personnel not certified or licensed under any other section of the Utah Code; (ix) establishing criteria for training and safety equipment grants for fire departments enrolled in firefighter certification; (x) establishing ongoing training standards for hazardous materials emergency response agencies; (xi) establishing criteria for the fire safety inspection of a food truck; and (xii) establishing criteria for the accreditation and reaccreditation of fire service training organizations; (c) recommend to the commissioner a state fire marshal; (d) develop policies under which the state fire marshal and the state fire marshal's authorized representatives will perform; (e) provide for the employment of field assistants and other salaried personnel as required; (f) prescribe the duties of the state fire marshal and the state fire marshal's authorized representatives; (g) provide technical expertise, advice, and support to Utah Valley University in the establishment and operation of the fire and rescue training program described in Section 53H-4-705; (h) establish a statewide fire statistics program for the purpose of gathering fire data from all political subdivisions of the state; (i) coordinate the efforts of all people engaged in fire suppression in the state; (j) work aggressively with the local political subdivisions to reduce fire losses; (k) regulate the sale and servicing of portable fire extinguishers and automatic fire suppression systems in the interest of safeguarding lives and property; (l) establish a certification program for persons who inspect and test automatic fire sprinkler systems; (m) establish a certification program for persons who inspect and test fire alarm systems; (n) establish a certification for persons who provide response services regarding hazardous materials emergencies; (o) in accordance with Section 53-7-602, establish a licensing and certification program for carbon dioxide systems; (p) in accordance with Sections 15A-1-403 and 68-3-14, submit a written report to the Business and Labor Interim Committee; and (q) jointly create the Unified Code Analysis Council with the Uniform Building Code Commission in accordance with Section 15A-1-203. (2) (a) In the rules that the board makes under Subsection (1)(b)(v), the board shall include a provision prohibiting a state, county, special district, or local government entity from disposing of an item described in Subsection (1)(b)(v) by means of open burning, except under circumstances described in the rule. (b) When making a rule under Subsection (1)(b)(v), the board shall: (i) review and include applicable references to: (A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and (B) provisions of the International Fire Code; and (ii) consider the appropriate role of the following in relation to the rule: (A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and (B) a firework wholesaler or distributor. (3) The board may incorporate in its rules by reference, in whole or in part: (a) the state fire code; or (b) subject to the state fire code, a nationally recognized and readily available standard pertaining to the protection of life and property from fire, explosion, or panic. (4) The following functions shall be administered locally by a city, county, or fire protection district: (a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and 19-2-114; (b) creating a local board of appeals in accordance with the state fire code; and (c) subject to the state fire code and the other provisions of this chapter, establishing, modifying, or deleting fire flow and water supply requirements.
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