Utah Administrative Code
Topic - Public Safety
Title R710 - Fire Marshal
Rule R710-1 - Concerns Servicing Portable Fire Extinguishers
Section R710-1-4 - Licensing
Current through Bulletin 2024-06, March 15, 2024
(1) License Required.
No person or concern shall engage in the servicing of portable fire extinguishers without a license issued by the SFM, pursuant to these rules, expressly authorizing such concern to perform such acts.
(2) Application.
(3) Signature of Application.
The application shall be signed by the applicant. If the application is made by a partnership, it shall be signed by all partners. If the application is made by a corporation or association other than a partnership, it shall be signed by a principal officer.
(4) Equipment Inspection.
The applicant or licensee shall allow the SFM, and any of his properly authorized deputies to enter, examine, and inspect any premise, building, room, establishment, or vehicle, used by the applicant in servicing portable fire extinguishers to determine compliance with the provisions of these rules. The inspection will be conducted during normal business hours, and the owner or manager will be given a minimum of 24 hour notice before the appointed inspection. The equipment inspection may be conducted on an annual basis, and consent to inspect will be obtained. The applicant, license holder or certified employee of the license holder, may be asked during the inspection by the SFM or any of his deputies, to demonstrate skills or knowledge used in servicing of portable fire extinguishers.
(5) Issuance.
Following receipt of the properly completed application, and compliance with the provision of the statute and these rules, the SFM shall issue a license.
(6) Original License and Inspection.
Original licenses shall be valid for one year from the date of application. Thereafter, each license shall be renewed annually and renewals shall be valid for one year from issuance. No original license shall be issued until the satisfactory completion of a materials, equipment and performance inspection by the SFM.
(7) Renewal License and Inspection.
Application for renewal shall be made as directed by the SFM. The failure to renew the license will cause the license to become invalid. No renewal license will be issued until the satisfactory completion of a materials, equipment and performance inspection by the SFM. Renewal dates for licensed concerns will be based upon the expiration date. Licenses are valid for a one year period of time.
(8) Change of Address.
Every licensee shall notify the SFM, in writing, within thirty (30) days, of any change of his address or location.
(9) Under Another Name.
No licensee shall conduct his licensed business under a name other than the name or names which appears on his license.
(10) Inspection.
The holder of any license shall submit such license for inspection upon request of the SFM, or any of his properly authorized deputies, or any local fire official.
(11) SFM Notification and Certification of Registration.
Every licensed concern shall, within thirty (30) days of employment, and within thirty (30) days of termination of any employee, report to the SFM in writing, the name, address, and certificate of registration number, of every person performing any act of servicing portable fire extinguishers for such licensed concern.
(12) Type.
(13) Examination.
Every person who performs any act or acts within the scope of the license shall pass an examination in accordance with the provisions of section 4 of these rules.
(14) Duplicate License.
A duplicate license may be issued by the SFM to replace any previously issued license, which has been lost or destroyed, upon the submission of a written statement from the licensee to the SFM. Such statement shall attest to the fact that the license has been lost or destroyed.
(15) Employer Responsibility.
Every concern shall be responsible for the acts of its employees insofar as such acts apply to the marketing, sale, distribution, and servicing of any portable fire extinguisher.
(16) Minimum Age.
No license shall be issued to any person as licensee who is under eighteen (18) years of age.
(17) Restrictive Use.
(18) Non-Transferable.
No license issued pursuant to this section shall be transferred from one concern to another.
(19) Registration Number.
(20) Minimum Materials and Equipment Required.
At each business location or vehicle of the applicant where servicing work is performed the following minimum material and equipment requirements shall be maintained:
Current registration number from the United States Department of Transportation (USDOT), verifying the concern as a qualified cylinder requalification facility under the provisions of the Code of Federal Regulations, 49 CFR, Section 173.34, shall be maintained for all concerns holding a type 1 or 2 license. A copy of the certification letter must be submitted to the SFM. All equipment required to perform the functions allowed as a qualified cylinder requalification facility, shall be maintained in good working order and available for inspection by the SFM.
All of the equipment, provisions, and numbers as required in License types 2, 3, and 4 shall be required for a Type 1 License.
(21) Records.
Accurate records shall be maintained for five (5) years by the licensee of all service work performed. These records shall include the name and address of all servicing locations, and the date and name of the person performing the work. These records shall be made available to the SFM, or authorized deputies, upon request.
