Current through Register Vol. 49, No. 9, September, 2024
EFFECTIVE DATE OCTOBER 1, 2008
SECTION 1.
SCOPE, PURPOSE AND
FAIRNESS
1.
PURPOSE. The
purpose of the Rules and Regulations is to regulate persons engaged in the
business of sale, installation and servicing portable fire extinguishers and to
provide for the registration and licensure of businesses and persons providing
the services, in order to protect and promote public safety by minimizing
personal injury and property damages which might result from inadequate,
unreliable, unsafe or improperly installed or maintained portable extinguishers
and fixed fire extinguisher systems.
2.
APPLICABILITY OF RULES. The
rules shall apply to all firms, licensees and apprentices engaged in the
business of servicing portable extinguishers, installing or servicing fixed
fire extinguisher systems and performing hydrostatic testing, except those
specifically exempt by Act 743 of 1977.
Any firm desiring to engage in the business of installing,
repairing or servicing portable fire extinguishers or fixed fire extinguisher
systems shall make a written verified application to the Board (on forms
provided) for a Certification of Registration. A copy of such certificate will
be provided for each separate location of such firm where such service is to be
performed. The application must be signed by the sole proprietor, or each
partner, or by an officer of the corporation. The appropriate fee must
accompany the application, along with all information required by the
Board,
3.
FAIRNESS
NOTICE. Notice by the Board as required by any provision of statute or
of these rules must be given by personal service or mail, postage prepaid,
addressed to the person to be notified at his last known address of resident or
business as it appears on the records in the office of the Board,
SECTION 2.
DEFINITIONS.
a. Apprentice - a
specific individual to whom a permit has been issued by the Board to perform
various acts of service under the direct supervision of a person holding a
valid license to perform such acts.
b. Certified Firm - any business owned by an
individual, partnership, corporation or association holding a current
certificate of registration issued by the Board.
c. Condemned - a fire extinguisher system
that does not meet the applicable standards for servicing and it cannot be
repaired or corrected.
d.
department of Transportation (DOT) Cylinder - all cylinders manufactured and
tested in compliance with specifications of the United States Department of
Transportation.
e. Fire Marshal -
State Fire Marshal.
f. Firm - any
person, partnership, corporation or association.
g. Full-Time Employee - an employee working
an average of at least 30 hours per week.
h. Hydrostatic Testing - pressure testing by
hydrostatic methods.
i. Impaired -
a fixed fire extinguisher system or a portable fire extinguisher that does not
meet the applicable minimum standards for servicing but the condition causing
the impairment is correctable.
j.
Investigator - a person employed by the Fire Protection Licensing Board to
receive and investigate complaints.
k. License - a written document issued by the
Board to any person for the purpose of grating permission to such person to
perform any act or acts for which authorization is required.
l. Licensee - a specific individual to whom a
license has been issued by the Board.
m. NFPA - National Fire Protection
Association, Inc, A nationally recognized standards-making organization, # I
Batterymarch Park, P. O. Box 9101, Quincy, Mass 02269-9101.
n. Organization - corporation, partnership or
other business association, a government entity or other legal or commercial
entity.
o. Person - a natural
person, including any owner, manager, officer or employee of any
firm.
p. Portable Fire Extinguisher
- any device that contains within it chemicals, fluids, powder, liquids or
gases for extinguishing fires.
q.
Recharge - to fill an extinguisher with a charge the second and all succeeding
times.
r. Recognized Testing
Laboratory - a nationally recognized testing agency staffed by qualified
personnel and properly equipped to conduct the particular test in question and
who are regularly engaged In conducting tests and furnishing inspection and
re-examination services. Such recognized testing laboratories are those who
publish lists of tested materials, equipment or devices and conduct inspection
of the listed product and must be approved by the Board.
s. Red Tag - any portable fire extinguisher
system or fixed fire extinguisher system that is emergency impaired and
therefore would not be acceptable for use in the case of emergency
operation.
t. Repair - any work
performed on or to any portable fire extinguisher system or fixed fire
extinguisher system and not defined as charging, re-chairing, hydrostatic
testing or inspecting.
u. Service
Tag - any portable fire extinguisher or fixed fire extinguisher system that has
successfully passed inspection by a licensed individual. lmpairments must be
noted in the comment section of the tag.
v. Test - to subject any portable fire
extinguisher or fixed fire extinguisher system to any procedure necessary to
insure its proper operation or installation.
w. Service and Servicing - service or
physically install portable fire extinguisher or fixed fire extinguisher
systems by charging, filling, maintaining, recharging, repairing, hanging,
locating or re-testing.
x.
Standards - nationally recognized standards adopted herein.
y. Fixed fire Extinguisher System - expanded
to include fire extinguisher systems installed according to these rules and
regulations,
z. Monthly Inspection
- a quick check that a fire extinguisher is in its designated place, that it
has not been actuated or tampered with and that there is not obvious physical
damage or condition to prevent its operation.
aa. Annual Maintenance - a thorough
examination of the fire extinguisher. It is intended to give maximum assurance
that a fire extinguisher will operate effectively and safely. It includes a
thorough examination for physical damage or condition to prevent its operation
and any necessary repair or replacement. It will norm ally reveal if
hydrostatic testing or internal maintenance is required,
bb. Recharging - the replacement of the
extinguishing agent (also includes the expellant for certain types of fire
extinguishers),
cc. Servicing -
performing maintenance, recharging or hydrostatic tests on a fire
extinguisher.
dd. Six-Year
Maintenance - every 6 years stored-pressure fire extinguishers that require a
12 - year hydrostatic test shall be emptied and subjected to the applicable
maintenance procedures as detailed in the manufacturer's service
manual.
ee. Procedures - as a
minimum standards the following procedures shall be performed each time that
the designated type of service is performed.
Monthly Inspection -
1.
Determine that the fir extinguisher is in its designated place and that there
are not obstructions on its accessibility.
2. Determine that the fire extinguisher has
not been actuated or tampered with.
3. Determine that there is no obvious
physical damage, clogged or obstructed hose or nozzle or other condition
present to prevent the proper operation of the fire extinguisher.
4. Determine that the pressure gauge or
indicator is in the operable range or position. Operate push-to-test indicator
on non-rechargeable lire extinguishers.
5. Determine by weighing or hefting the
fullness of self expelling, cartridge operated and pump tank fire
extinguishers.
6. Determine the
condition of tires, wheels, carriage, hose and nozzle on wheeled type fire
extinguishers,
7. Initial in ink
and date the monthly inspection tag if present.
Annual Maintenance -
1.
Determine that the fire extinguisher is in its designated place and that there
are no obstructions to its accessibility.
2. Determine that the fire extinguisher has
not been actuated or tampered with,
3. Determine that there is no obvious
physical damage, clogged or obstructed hose, nozzle or other condition present
to prevent the proper operation of the fire extinguisher.
4. Determine that the pressure gauge or
indicator is in the operable range or position. Operate push-to-test indicator
on non-rechargeable fire extinguishers.
5. Determine by weighing or hefting the
fullness of self expelling, cartridge operated and pump tank fire
extinguishers.
6. Determine the
condition of tires, wheels, carriage, hose or nozzle on wheeled type fire
extinguishers.
7. The tamper seal of
the rechargeable fire extinguisher shall be removed by operating the pull pin
or locking device and a new tamper seal installed.
8. Complete, punch out applicable areas,
initial in ink and install a new service tag on the fire
extinguisher.
SECTION
3.
SUBMITTING TO AN INSPECTION.
Each firm applying for a Certificate of Registration or a
hydrostatic Testing Certificate must sign a statement with the Board indicating
their willingness to an inspection of their premises by die Board or its duly
authorized Deputy at its discretion,
SECTION 4.
REGISTRATION, LICENSING AND
FEES.
a. The Fire Protection Licensing
Board shall issue no certificate of registration or license to a firm where the
issuance of such license shall be confusing to the public. The firm requesting
a certification of registration shall contact the Board concerning the
acceptability of the proposed company name.
b. The person responsible for the operation
of the certified firm must file an affidavit with the Board to obtain a license
to install or service fixed fire extinguisher systems. The affidavit must state
the firm employs trained persons to install and service each certified brand,
the manufacturer's installation manual is in the possession of the responsible
person and factory authorized parts for each brand of system are
available.
c. Licensee may not make
statements or representations, written or verbal, which inaccurately state the
effectiveness of the fire extinguisher or a fire extinguisher system. Unfair
comparison with competitor products is prohibited.
d. Company License:
1. Submit application with appropriate
fees.
2. Provide a sample (not a
copy) of company service tag, red tag and verification of service
collar.
3. Provide a copy of the
company liability insurance certificate (minimum £300,000.00)
4. Company shall be licensed for Class A or
Class B Hydrostatic Testing or supply a letter from a company licensed by this
Board stating they will perform the work for the company. (A company can only
be licensed for Class A provided they have been approved and assigned a number
by DOT. A copy of the DOT letter must accompany the application.
5. The license application for fixed fire
suppression systems shall be accompanied by a copy of the company certificate
of distributorship or an affidavit (forms provided) for each brand from a
company licensed by this Board and is a distributor.
6. A company cannot be licensed for brands or
types of systems without a licensed individual(s) employed by the firm who is
trained and licensed for the same brand(s) or type(s) as the firm.
7. The Board may review the application,
record to service, servicing shop facilities, methods and procedures of
operations to determine the granting or renewing of a certificate of
registration, license or permit that would not be contrary to public safety and
welfare. The Board shall issue or renew certificate of registration, license or
permit authorizing the applicant to engage in the business of servicing
portable and fixed fire extinguisher systems provided the required fees have
been paid. The Board shall give each certificate of registration, license or
permit an identifying number.
8.
Certified firms not licensed to perform hydrostatic testing must submit a
letter from an Arkansas certified firm licensed by this Board to do hydrostatic
testing, The letter must state the licensed certified firm will perform the
needed hydrostatic testing for the unlicensed firm. In the event a licensed
certified firm withdraws its letter of performance to the unlicensed firm a
replacement letter must be forwarded to the Board office within 20 days from
the date of withdrawal.
9. Invalid
certificate of registration to service portable fire extinguishers or install
and service fixed fire extinguisher systems may be renewed provided the license
has been expired less than two (2) years by paying the past renewal fees along
with any applicable late fees. A new certificate of registration must be
submitted to the Board if the license has been expired two (2) year or
more.
10. A certificate of
registration may be denied, refused, suspended, revoked or the renewal thereof
refused, if after notice and public hearing, the Board finds from the evidence
presented at such hearing the firm has violated any of the provisions of Act
743 of 1977, as amended, or these rules and regulations.
11. A certificate of registration shall not
be issued to any person under 18 years of age.
12. A certificate of registration issued
pursuant to these regulations shall not be transferred from one firm to
another.
13. A certificate of
registration shall not constitute authorization for any licensee or any of his
employees to enter upon or into any property or building.
14. A certificate of registration shall not
constitute authorization for any holder of a certificate or any of its
employees to enforce any provision(s) of theses regulations.
15. A certified firm shall report any change
of location to the Board in writing within fourteen (14) days of such change to
maintain validity of the affected certificate of registration. Any change of
location shall be verified by the Board or its duly authorized Deputy and upon
verification of such change shall affix a change of location stamp to the
affected certificate of registration.
16. A certificate of registration issued to a
firm by the Arkansas Fire Protection Licensing Board must be posted at the
certified location. The certificate must be in a location for inspection at any
reasonable hour.
17. A duplicate
certificate or registration may be issued by the Board to replace a previously
issued certificate which has been lost or destroyed. A written statement from
the certified firm to the Board attesting to the fact the certificate has been
lost or destroyed must be received prior to the issuance of a duplicate
certificate. The fee for re-issuance shall be $25.00.
18. Application for renewal of a certificate
of registration shall be made annually. Appropriate fees and documentations
shall acompany the renewal application.
e. Individual License:
1. Any person employed by a certified firm,
corporation or partnership engaged in the business of servicing portable fie
extinguishers, installing fixed fire extinguisher systems or hydrostatic
testing shall submit an application to the Board (on forms provided) and take a
written examination for the appropriate license. Fee and documentation must
accompany the application.
2.
Examinations shall be given at least once per month at a place to be determined
by the Board. Applications, fees and appropriate documentation must be received
prior to testing. Individuals should contact the Fire Protection Licensing
Board to schedule testing.
3. A
minimum grade of 90% is required to pass any examination, Applicants obtaining
a minimum grade of 90% will be issued a license endorsed with the type of
service qualified by the examination.
4. Application for individual license to
install or service fixed fire extinguisher systems must be accompanied by a
current certificate affirming the licensee has been trained by the particular
brand name manufacturer the licensee is seeking a license for OR an affidavit
(on forms provided) affirming the licensee has been trained on the particular
brand name of the manufacturer by a person holding a current certificate of
training from the manufacturer and licensed by this Board. The person providing
the training shall complete the affidavit. A copy of the trainer's
manufacturer's certificate of training shall accompany the affidavit. A copy of
the current DOT approval letter with the individual's name and company must
accompany the application for Class A Hydrostatic Testing. The individual's
name must have been placed on the DOT list for certification. The above
information must be on file with the Board office at all times,
5. Persons holding a valid license shall not
be authorized to perform any act unless employed by a certified firm. Persons
forming a new firm must sever employment with their current employer prior to
making application for new firm certificate of registration. Individual license
may be transferred by filing a transfer application, accompanied by license,
pocket card, a statement from the previous employer stating the separation
date, the name and address of the new employer and the firm's certificate of
registration number. The owner, partner or officers of the corporation must
sign the application. The transfer fee shall accompany the transfer
application.
6. The licensee shall
report any change in home address to the Board within 14 days.
7. Licensee shall not assume a license has
been issued until the pocket card issued by the Board has been received. It
shall be unlawful tor any person to service or install fire extinguishers in
this State unless said person possesses a current valid card evidence of the
fact the person holds an active license and stating the firm with whom the
licensee is affiliated.
8. Every
person holding a valid license shall, upon demand, show and permit examination
of such license by the Board or its duly appointed deputy.
9. A duplicate license may be issued to
replace a license that has been lost or destroyed. The licensee requesting the
duplicate license shall submit a written statement to the Board attesting to
the fact the license has been lost or destroyed, accompanied by the appropriate
fee for duplicate license.
10. A
license shall not constitute authorization for any person to enter upon or into
any property or building.
11. A
license shall not constitute authorization for any person to enforce any
provisions(s) of these rules.
12. A
license may be used for identification purposed ONLY as long as such license
remains valid while the licensee is in the employment of the certified
firm.
13. A licensed employee of a
certified firm may perform only those acts authorized by the firm's certificate
of registration. A licensee may perform only those acts authorized by his
license.
14. License issued
pursuant to these regulations shall not be transferred from one person to
another.
15. New employees of
certified firms may make application for an apprentice permit. The permit shall
be valid for one (1) year from the date of issuance and shall not be renewed.
An apprentice, under the direct supervision of a valid licensee, may perform
the various acts of servicing portable fire extinguishers, installing or
servicing fixed fire extinguisher systems.
16. All acts of service performed a liter the
expiration date of an apprentice permit, where the permit holder has not
applied for a license, shall be in violations of the regulations.
17. The apprentice permit holder shall report
any changes in home address to the Board within fourteen (14) days of such
change.
18. Each person holding a
valid apprentice permit shall, upon demand, show and permit the examination of
such permit to the Board or its duly appointed deputy.
19. A duplicate apprentice permit may be
issued to replace any previously issued permit that has been lost or destroyed.
The licensee requesting the duplicate license shall submit a written statement
to the Board attesting to the fact that the permit has been lost or destroyed,
accompanied by the appropriate fee lor duplicate permit.
20. The license and appropriate fee shall be
invalid if not received in the office of the Board on or before the expiration
date on the individual license. The licensee holding said license shall cease
to perform those acts of service authorized by the license.
21. Invalid individual license to service
portable fire extinguishers or install and service fixed fire extinguisher
systems may be renewed if the license is less than two (2) years expired by
paying the past renewal fees along with any applicable late lee. Individual
license with an expiration of two (2) years or more must submit to and pass
another examination to receive a license.
22. Application for individual license
renewal shall be made annually. The appropriate fees and documents shall
accompany the renewal application.
23. Persons who perform any acts within the
scope of the employer's certificate of registration shall pass a written
examination given at the direction of the Board. Such examination may be
supplemented by practical test or demonstrations deemed necessary to determine
the applicant's knowledge and ability to service portable fire extinguishers or
fixed fire extinguisher systems.
24. A license or permit may be denied,
refused, suspended, revoked or the renewal thereof refused, if after notice and
public hearings, the Board finds from the evidence presented at such hearing
the individual has violated any of the provisions of Act 743 of 1977, as
amended, or these rules and regulations.
SECTION 5.
LICENSE ALTERATION
Evidence of alteration of the certification of registration,
license or permit shall render said certificate, license or permit invalid and
the altered certificate, license or permit shall be surrendered to the Board or
its duly authorized deputy upon request.
SECTION 6.
TAKING ORDERS
Certified firms shall not be prohibited from taking orders for
the performance of any act(s) which said firm is not authorized to perform.
Such orders shall be consigned to a firm licensed by this Board to perform the
necessary act(s).
SECTION
7.
FEE SCHEDULE FOR PORTABLE, FIXED AND HYDROSTATIC
SYSTEMS
a. Every fee required in
accordance with the provisions of Act 743 of 1977, as amended and these rules
shall be paid by check or money order. Check or money order shall be made
payable to the Arkansas Fire Protection Licensing Board.
b. Fees shall be paid at the office of the
Board in Little Rock, Arkansas or mailed to, an address specified by the
Board.
c. Fees shall be as bellows:
New Company:
|
Portable
|
$300.00
|
|
Fixed
|
$300.00
|
|
Class A
|
$100.00
|
|
Class B
|
$ 50.00
|
Company Renewal:
|
Portable
|
$300.00
|
|
Fixed
|
$300.00
|
|
Class A
|
$100,00
|
|
Class B
|
$ 50.00
|
Individual Testing and Licensing:
|
Portable
|
$ 60.00
|
|
Fixed
|
$ 60.00
|
|
Class A
|
$ 60.00
|
|
Class B
|
$ 60.00
|
Renewal Individual License:
|
Portable
|
$ 30,00
|
|
Fixed
|
$ 30.00
|
|
Class A
|
$ 15,00
|
|
Class B
|
$ 10.00
|
Other fees:
|
Exam Fee
|
$ 30.00
|
|
License Transfer
|
$ 30.00
|
|
License Update
|
$ 30.00
|
|
Licensing Packet
|
$ 28.00
|
|
Branch office (if a different name)
|
$ 28-00
|
|
Apprentice Permit
|
$ 15.00
|
|
Duplicate License
|
$ 25-00
|
d. Late
fees are required for all certificate or license holders who fail lo submit
renewal application and appropriate fees on or prior lo their expiration date
of September 30 of each year.
e. A
renewal application, accompanied by the required renewal fee and deposited with
the United States Postal Service, is deemed timely filed, regardless of actual
date of delivery, when it envelope bears a legible postmark date which is on or
before the expiration date of the certificate or license being
renewed.
f. A certificate or
license expired for two (2) years or more cannot be renewed.
g. Holders of certificate and licenses
expired for less than two (2) years may be issued certificates or license.
Renewal fee for such certificate or license is composed of renewal and late lee
and shall be determined in accordance with the following schedule:
|
Expired 1-90 days
|
1 renewal fee + 1/2 of initial fee
|
|
Expired 91-365 days
|
1 renewal fee + 1 initial fee
|
|
Expired 366- 2 years
|
2 renewal fees + 1 initial fee
|
h.
Certificate and license expired two (2) years or more shall be treated as a new
company. All employees shall re-test in order to receive a license.
SECTION 8.
ADOPTED
STANDARDS
a. The Board adopts, for its
testing purposes, by reference in their entirety, unless specified, the most
current standards published by and available from the National Fire Protection
Association, Inc. # 1 Batterymarch, P. O. Box 9191, Quincy, Mass 02269-9191.
telephone number 1-800-344 -3555.
b. All portable fire extinguishers and fixed
systems installed or serviced in this State shall be done in compliance with
Act 743 of 1977, as amended, the rules of the Board, manufacturer's
specification and one or more of the following:
|
NFPA 10
|
Portable Fire Extinguisher
|
|
NFPA 11
|
Low Expansion Foam and Combined Agent System
|
|
NFPA 11A
|
Medium and High Expansion Foam System
|
|
NFPA 12
|
Carbon Dioxide Extinguishing System
|
|
NFPA 12A
|
Halon 1301 Fire Extinguishing System
|
|
NFPA 12B
|
Halon 1211 Fire Extinguishing System
|
|
NFPA 17
|
Dry Chemical Extinguishing System
|
|
NFPA 17A
|
Wet Chemical Extinguishing System
|
|
NFPA 96
|
Vapor Removal Foam Cooking Equipment
|
|
NFPA 2001
|
Clean Agent Fire Extinguishing System
|
Compressed Gas Association (CGA) Pamphlet C-6, Standards for
Visual Inspection of Compressed Gas Cylinder.
Compressed Gas Association (CGA) Pamphlet C-1, Methods for
Hydrostatic Testing of Compressed Gas Cylinder
c. All compressed gas cylinders (Class A)
shall be hydro statically tested in compliance with Compressed Gas Association
pamphlets C-1 and C-6, most current edition and the rules and regulations of
this Board.
d. All low pressure
(Class B) Hydrostatic testing shall he accomplished in accordance with NFPA 10,
most current edition and the rules and regulations of this Board.
e. The Arkansas Fire Protection Licensing
Board testing is over the latest editions of the NFPA standards. However, where
work is being performed, installations must be done in accordance with locally
adopted ordinances, rules, codes, etc.
SECTION 9.
EXTINGUISHER SALES
No portable fire extinguishers shall be sold, leased, serviced or
re-charged in the State of Arkansas unless labeled and/or listed by
Underwriters Laboratories, Inc., Factory Mutual System and other nationally
recognized testing which is approved by the Arkansas Fire Protection Licensing
Board or the Office of the State Fire Marshal.
SECTION 10.
IMPORTANT NOTICE
At a public bearing held on November 19.1997 the Arkansas Fire
Protection Licensing Board adopted the following.
a. EFFECTIVE MARCH 1, 1998 DRY CHEMICAL
AUTOMATIC FIRE EXTINGUISHING SYSTEMS CAN NO LONGER BE INSTALLED TO PROTECT
COMMERCIAL COOKING OPERATIONS. The change does not effect existing systems
which can continue to be serviced and modified provided these services can be
performed according to the original UL listing, manufacturer's direction and
with manufacturer's authorized parts and chemicals.
b. Ansul has stopped supplying parts for
their R 101 Dry Chemical Systems effective January 1, 1999. Licensees can
continue to service and modify dry chemical systems (all brands) over cooking
operations only if you obtain and use new manufacturer's parts and chemicals.
Do not use used parts taken from other systems. Do not use old chemicals. As
long as these rules arc complied with the serviced dry chemical can be tagged
"OK'". Systems that can no longer be serviced shall be Red Tagged and the
customer given a written report.
c.
Effective October 10, 2002 Dry Chemical Restaurant Systems may be six year
hydrostatic pressure tested and recharged as needed through December 31, 2005.
No modifications can be made in the event new equipment is added and any parts
used to service these systems must be new manufacturer's parts. If you do not
have new parts then these systems may not be serviced by your firm and must be
Red Tagged.
After December 31, 2005 any dry chemical system that is due for
hydrostatic pressure testing, due for six year maintenance or has been
discharged may not be serviced nor placed back into service.
After December 31,2007 no dry chemical restaurant fire systems
may be serviced for any reason and must be Red Tagged,
d. Effective March 9, 2004 all wet systems
that are not UL 300 standards may he hydro tested through December 31, 2005. No
modifications can be made in the event new equipment is added and any parts
used to service these systems must be new manufacturer's parts. If you do not
have new parts these systems may not be serviced by your firm and must be Red
Tagged.
After December 31, 2005 non UL 300 wet systems due for hydro
testing may not be serviced nor placed back into service.
After December 31, 2007 nonUL 300 systems may not be serviced for
any reason and must he Red 1 tagged.
e.
The 2007 Edition of NFPA 10,
Section 4.4.1 states - "Dry chemical stored pressure extinguishes manufactured
prior to October 1984 shall be removed from service at the next 6-year
maintenance interval or the next hydro test interval, whichever comesfirst
"
it is the opinion of this Board that this
requirement will create an extreme financial hardship on individuals and
businesses in the State of Arkansas and is not in the best interest of the
citizens of the State of Arkansas, therefore, this Board will not enforce
Section 4.4.1 of the 2007 Edition of NFPA 10, so long as the following
conditions apply:
1.
The extinguisher is in good mechanical and operational
condition.
2.
The extinguisher is properly and successfully serviced
maintained, and tested by a licensed firm
3.
The licensed firm has access
to and uses, the manufacturer's parts necessary to service, maintain and test
the extinguisher.
However, irregardless of the above, all dry
chemical stored pressure fire extinguishers manufactured prior to October 1984
shall be removed from service no later than January 1,
2015.
SECTION 11.
REQUIREMENTS FOR SERVICE
TAGS
General Requirements, Service tags are required by the rules and
regulations and shall be in confirmity with the following provisions; (A
current sample of the company's service tag must be on file with the Board at
all time,)
a. Tags shall be no more
and no less than 5 1/4 inches in height and 2 5/8 inches in width. Service
tags shall be any color EXCEPT RED.
b. One service tag shall be attached to each
portable lire extinguisher in such a position as to be conveniently inspected,
but not to hamper the operation or removal of the extinguisher from the
bracket,
c. The service tag may be
printed or otherwise established for any number of years not m excess of five
(5) years.
d. Every tag attached to
an extinguisher for fixed system serviced by a licensed firm shall be an
approved service tag conforming to these rules,
e. A sample of the firm's service tag must
accompany the firm's application for a certificate of registration. If changes
are made to the design of the service lag, a sample of the new revised lag must
be forwarded to the Board office. A sample of the current service tag must be
on file with the Arkansas The Protection Licensing Board at all
times.
f. Service tags shall bear
the following information.
i. servicing firm's
name
ii. address of servicing
firm
iii. certificate of
registration number
iv. type of
service performed
v. date service
was performed
vi. license number of
the individual performing or supervising the service and services
performed.
vii. Apprentice permit
number
viii.
DO NOT REMOVE BY
ORDER OF THE STATE FIRE MARSHAL in bold type with font size not less
than
ix. Signature or initials of
service person. Signature or initials must be handwritten in INK at the time of
service.
x. A new service tag must
be attached to the extinguisher or fixed system each time service is
performed.
g. The date
of service and type of service performed must be indicated by a
perforation such as a hand punch on the appropriate .section of the
tag.
h. No person or persons shall
remove the service tag except when further service is performed. No person or
persons shall deface, modify or alter any required service tag attached to any
portable fire extinguisher.
SECTION
12.
REQUIREMENTS FOR RED TAGS
Fixed fire protection systems and portable fire extinguishers
which do not conform with the minimum regulations or standards shall not be
tagged but shall be provided with a Red Tag according to the following: (A
current sample of the company's Red Tag must be on file with the Board office
at ail times.)
a. Red tags shall be no
more and no less than 5 1/4 inches in height and 2 5/8 inches in
width.
b. Red tags shall be marked
as impaired or condemned based on the following guidelines:
1. Impaired - a fixed fire extinguisher
system or portable fire extinguisher shall be impaired when it does not meet
the applicable standards for servicing but the condition causing the impairment
is correctable.
2. Condemned - a
fixed fire extinguisher system or portable lire extinguisher shall be condemned
when it does not meet the applicable minimum Standards for servicing and it
cannot be repaired or corrected.
c. Red tags shall bear the following
information:
i. Name and address of the
servicing firm.
ii. certificate of
registration number of the servicing firm
iii. a section to clearly label "Impaired" or
"Condemned"
iv. name and address of
the owner of the fixed fire extinguisher system or portable fire
extinguisher
v. date of
"impairment" or "condemnation"
vi.
license number and initials or name of the serviceperson "impairing" or
"condemning" the unit. Name or initials must be handwritten in ink at the time
of service.
vii. A printed
statement 'DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL" in
bold print type with font size not less than 16.
viii. A statement as to why the unit is
"impaired" or "condemned".
d. A sample of the firm's Red Tag shall be
forwarded to the Fire Protection Licensing Board with the application for a
certificate of registration. If a change has been made in the design of the Red
Tag a sample of the new revised Red Tag shall be forwarded to the Board office.
Current Red Tags must be on file with the Fire Protection Licensing Board at
all times.
e. The Red Tag may be
removed by;
i. a member of the State Fire
Marshal's office
ii. local fire
marshal
iii. authorized and
licensed employee of a certified firm
iv. members of the Arkansas Fire Protection
Licensing Board
(and only if the system was "impaired" arid the impairing
condition(s) is corrected.)
SECTION 13.
VERIFICATION OF SERVICE
(Maintenance or Re-charging)
a. Each
extinguisher that has undergone internal examination or has been recharged
shall have a "Verification of Service" collar located around the neck of the
container. Extinguishers capable of or allowed to be recharged without removal
of the valve assembly (CO2 or Halon) will not require a verification of service
collar at that time. The collar shall contain a single circular piece of
uninterrupted material forming a hole of a size that will not permit the collar
assembly to move over the neck of the container unless the valve is completely
removed. The collar shall not interfere with the operation of the fire
extinguisher. The Verification of Service collar shall include:
i. the month and year the service was
performed, indicated by a perforation such as is done by a hand punch.
(Exception # 1: Cartridge/cylinder-operated fire extinguishers do not require a
verification of service collar.)
The Verification of Service Collar shall be made of a durable
non-rigid polymer material. Collars made of high-density polyethylene or other
non-rigid materials shall not be acceptable or approved. The smallest
applicable collar size shall be installed on the neck of each extinguisher
requiring the installation of such a collar.
b. Re-charge Record Keeping - Each fire
extinguisher shall have a lag or label {six year maintenance or hydrostatic
test) securely attached indicating the month and year recharging was performed
and that identifies the person performing the service. In accordance with NFPA
10 a verification of service (maintenance or re-charging) collar shall also be
attached to the extinguisher.
Exception # 2: Cartridge/cylinder operated fire extinguishers do
not require a verification of service collar.
c. Failure lo properly complete and attach
the verification of service collar may result in suspension or revocation of a
service personnel's license.
d. A
sample of the collar must be included when applying for or renewing the
certificate of registration,
SECTION
14.
BOARD MEETINGS
The Arkansas Fire Protection Licensing Board will conduct at
least four (4) meetings per year. The Chairman of the Board will preside at the
meeting and may conduct other meetings on an as needed basis.
Special meetings of the Board may be called at any tine by a
majority of the Board or at the discretion of the Chairman of the Board,
Any person desiring to appear before the Board at any of its
regular meetings, to take up any business within its Jurisdiction shall, at
least 15 days prior to such meeting, file with the Board a written request
therefore, in which the nature and purpose of the appearance shall be clearly
and concisely stated to fully apprise the Board of the basis and extent of such
business. An estimate of time needed must be stated on request.
The Board shall arrange the order of business of all meetings of
the Board and shall at least ten (10 days prior thereto, notify all persons who
are to appear before any such meeting the place and approximate time to appear
before the Board.
Appearance before any special meeting of the Board shall be
voluntary on the part of any person and they must file with the Board prior to
any such appearances, a signed statement to the effect that such appearance is
voluntary.
SECTION 15.
BOARD HEARING, COMPLAINTS, INVESTIGATION
a. Complaints. Any and all complaints falling
within the jurisdiction of the Board, which individuals make, must be in
written form. The Board staff will date stamp the complaint and a complaint
number will be assigned when received in the Board office.
b. Investigations. The Board may, on its own
motion, initiate investigation. The Board after reviewing the complaint may
proceed to investigate the allegations.
The Board in consultation with the Board Counsel will determine
whether there is sufficient evidence to make prima facie
case.
c. Hearings. If it is
determined that there is a
prima facie case, that the licensee
or individual has violated laws under the Board's jurisdiction, the Board will
cause a Notice of Hearing to be issued. The Notice of Hearing will contain
information as required by Arkansas Administrative Procedures Act.
The notice will be served on the Respondent by U. S. Mail or by
personal delivery at least twenty (20) days before the scheduled hearing.
Notice shall be deemed sufficient if the Notice is mailed to the person at his
or her address of record with the Board.
Hearings before the Board shall be presided over by the Chairman,
although the Board may from time to time utilize hearing officers. Testimony
before the Board shall be made under oath and shall be steno graphically
reported.
Respondents before the Board shall be entitled to be represented
by counsel, shall be allowed to cross-examine witnesses and shall be allowed to
present testimony, photographs and other exhibits which are determined to be
admissible by the Chairman or Hearing Officer.
At the conclusion of the evidentiary portion of the hearing, the
Board will conduct deliberations. At the close of the deliberations, the Board
will make Findings of Fact, Conclusion of Law and Disciplinary Orders, if
appropriate.
d. Alternate
Proceedings. Prior to proceeding to a formal adjudicative bearing, the case
will be reviewed by an ad hoc committee to determine whether summary
proceedings should be invoked. Members of the committee will be appointed by
the Chairman and will in most cases include the State Fire Marshal, the Board
Executive Director and/or Investigator and the Board's Legal Counsel. If the
Committee determines that the violations, if proved, would not warrant license
revocation or a fine in an amount greater than one thousand ($1,000.00)
dollars, the committee may recommend the complaint be handled in a summary
manner. The decision will be referred to the Chairman for acceptance or
rejection.
If the Board decides to utilize alternative proceedings, the
Respondent will be notified by mail that the Board has teamed that he or she
has engaged in actions which violate the licensing law and it is recommended
that under all the circumstances appropriate sanction is fine of one thousand
($1,000.00) dollars or less. The notice will further inform the Respondent that
he has a right to reject the proposed fine and have a full evidentiary
hearing.
The Respondent will be provided with a document which requests
that he admit or deny violation of the Licensing Law and to further accept or
reject the proposed penalty. The Respondent will indicate he understands he has
a right to a full evidentiary hearing before the Board and that he elects not
to exercise that right.
The Board shall notify, in writing, every licensee complained
against, provided said complaint is determined to make out a prima
facis case.
Any and every Notice, Order or other instrument herein required
to be forwarded or sent to any person concerning a complaint or hearing shall
be deemed sufficient if addressed to the person at his or her address as last
furnished to the Board, In sealed envelope and delivered by Certified Mail,
postage prepaid.
Any and every person appearing before the Board at any of its
hearings shall be first placed under oath. All testimony given or statements
made to or before shall be steno graphically reported and made a part of the
record in such case.
At any meeting of the Board at which a hearing is to be held on
any complaint previously filed the same shall be set down for a day certain by
the Board, at least ten (10) days prior to any such hearing date.
The Board shall, at least twenty (20) days prior to any such
hearing date, notify all persons entitled to notice thereof, by certified mail
of the order of the Board setting such complaint for hearing. Said notice shall
contain the place and approximate time of said hearing, a brief and concise
statement of the facts forming the basis of the complaint, the provisions of
the law or the rules and regulations thought to be involved therein and shall
be executed by the Board, dated and sealed with the official seal of the
Board.
Any licensee complained against and to be heard or any
complaining witness, may, by written petition, signed and dated, invoke the aid
of the Board in the procurement of any witness he or she may desire to be
present and testify at any such hearing, such petitions to be filed with the
Board at least five (5) days prior to such bearing date. Any and all cost
anticipated must be deposited with the Board at the time of any such
request
Each and every hearing of the Board after being duly called to
order, shall begin with a statement by the Chairman or Vice-Chairman, as to the
nature of the cause to be heard, an inquiry of the parties present as to
whether each is prepared to proceed and thereafter the cause, shall proceed
with the presentation of evidence for and on behalf of the complainant. After
the conclusion of such evidence the person complained against may then proceed
to introduce evidence in contradiction, after which rebuttal testimony may be
offered.
Either oral or written argument on the issues raised, may be
called for or dispensed with by the Chairman or discretion of the Board.
The Board shall file its written findings and conclusions as to
all hearings, same to be signed by the Board. A copy of such Order shall be
sent to the licensee involved, by certified mail.
At any hearing both the licensee or complaining witness involved
may be present in the hearing room during the entire proceedings and shall have
the right to cross-examine any witness and to examine any document or evidence
submitted.
The Board will receive into evidence all affidavits, depositions,
certified copies of documents, Photostats of official records and exhibits
therein introduced, together with such other evidence as may be administered by
the law. The Board shall give to such evidence such weights as they shall
determine just and proper.
Every pleading, motion or other document and every request to the
Board must be filed with the Board in writing, signed, dated and in
quadruplicate,
No attorney shall withdraw his appearance in any case before this
Board except by leave of the Board after notice served by him or his client and
counsel for the Board.
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