(1)The board shall:
(1)(a) administer the state fire code as the standard in the state;
(1)(b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(1)(b)(i) establishing standards for the prevention of fire and for the protection of life and property against fire and panic in any:
(1)(b)(i)(A) publicly owned building, including all public and private schools, colleges, and university buildings;
(1)(b)(i)(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
(1)(b)(i)(C) place of assemblage where 50 or more persons may g
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(1) The board shall:
(1)(a) administer the state fire code as the standard in the state;
(1)(b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(1)(b)(i) establishing standards for the prevention of fire and for the protection of life and property against fire and panic in any:
(1)(b)(i)(A) publicly owned building, including all public and private schools, colleges, and university buildings;
(1)(b)(i)(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
(1)(b)(i)(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;
(1)(b)(ii) establishing safety and other requirements for placement and discharge of display fireworks on the basis of:
(1)(b)(ii)(A) the state fire code; and
(1)(b)(ii)(B) relevant publications of the National Fire Protection Association;
(1)(b)(iii) establishing safety standards for retail storage, handling, and sale of a division 1.4G common state approved explosive;
(1)(b)(iv) defining methods to establish proof of competence to place and discharge display fireworks, special effects fireworks, and flame effects;
(1)(b)(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:
(1)(b)(v)(A) is illegal; or
(1)(b)(v)(B) a person uses or handles in an illegal manner;
(1)(b)(vi) deputizing qualified persons to act as deputy fire marshals, and to secure special services in emergencies;
(1)(b)(vii) implementing Section 15A-1-403;
(1)(b)(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;
(1)(b)(ix) establishing criteria for training and safety equipment grants for fire departments enrolled in firefighter certification;
(1)(b)(x) establishing ongoing training standards for hazardous materials emergency response agencies;
(1)(b)(xi) establishing criteria for the fire safety inspection of a food truck; and
(1)(b)(xii) establishing criteria for the accreditation and reaccreditation of fire service training organizations;
(1)(c) recommend to the commissioner a state fire marshal;
(1)(d) develop policies under which the state fire marshal and the state fire marshal's authorized representatives will perform;
(1)(e) provide for the employment of field assistants and other salaried personnel as required;
(1)(f) prescribe the duties of the state fire marshal and the state fire marshal's authorized representatives;
(1)(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;
(1)(h) establish a statewide fire statistics program for the purpose of gathering fire data from all political subdivisions of the state;
(1)(i) coordinate the efforts of all people engaged in fire suppression in the state;
(1)(j) work aggressively with the local political subdivisions to reduce fire losses;
(1)(k) regulate the sale and servicing of portable fire extinguishers and automatic fire suppression systems in the interest of safeguarding lives and property;
(1)(l) establish a certification program for persons who inspect and test automatic fire sprinkler systems;
(1)(m) establish a certification program for persons who inspect and test fire alarm systems;
(1)(n) establish a certification for persons who provide response services regarding hazardous materials emergencies;
(1)(o) in accordance with Sections 15A-1-403 and 68-3-14, submit a written report to the Business and Labor Interim Committee; and
(1)(p) jointly create the Unified Code Analysis Council with the Uniform Building Code Commission in accordance with Section 15A-1-203.
(2) (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.
(2)(b) When making a rule under Subsection (1)(b)(v), the board shall:
(2)(b)(i) review and include applicable references to:
(2)(b)(i)(A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and
(2)(b)(i)(B) provisions of the International Fire Code; and
(2)(b)(ii) consider the appropriate role of the following in relation to the rule:
(2)(b)(ii)(A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
(2)(b)(ii)(B) a firework wholesaler or distributor.
(3) The board may incorporate in its rules by reference, in whole or in part:
(3)(a) the state fire code; or
(3)(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:
(4)(a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and 19-2-114;
(4)(b) creating a local board of appeals in accordance with the state fire code; and
(4)(c) subject to the state fire code and the other provisions of this chapter, establishing, modifying, or deleting fire flow and water supply requirements.