Carbon Dioxide System Amendments

39
53-7-204
53-7-601
53-7-602
53-7-204
53-7-601
53-7-602
0
Carbon Dioxide System Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Hoang Nguyen
Senate Sponsor: Derrin R. Owens
LONG TITLE
General Description:
This bill concerns carbon dioxide systems.
Highlighted Provisions:
This bill:
defines terms;
requires the Utah Fire Prevention Board (board) to establish a licensing and certification
program for certain carbon dioxide systems;
requires a person engaging in the business of servicing carbon dioxide systems to have a
license from the state fire marshal;
requires, with exceptions, an individual who services a carbon dioxide system to have a
certification from the state fire marshal;
requires the board to establish rules, application forms, and fees for carbon dioxide
system licensing and certification; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-7-204
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
ENACTS:
53-7-601
, Utah Code Annotated 1953
53-7-602
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-7-204
is amended to read:
53-7-204
. Duties of Utah Fire Prevention Board -- Unified Code Analysis
Council -- Local 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;
(o)
(p)
in accordance with Sections
15A-1-403
and
68-3-14
, submit a written report to
the Business and Labor Interim Committee; and
(p)
(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.
Section 2. Section
53-7-601
is enacted to read:
6. Carbon Dioxide System Licensing and Certification
53-7-601
. Definitions.
As used in this part:
(1)
(a)
"Carbon dioxide system" means a system that:
(i)
stores, uses, or dispenses carbon dioxide; and
(ii)
has a capacity of 100 pounds or more of carbon dioxide.
(b)
"Carbon dioxide system" includes:
(i)
an appliance used with a carbon dioxide system; and
(ii)
pipes, tubing, fittings, required signage, and gas detection, that are part of, or
connect to, a carbon dioxide system.
(2)
"Service" means the inspection, installation, maintenance, repair, or modification of a
carbon dioxide system.
Section 3. Section
53-7-602
is enacted to read:
53-7-602
. Carbon dioxide system licensing and certification required for certain
activities -- Licensing and certification procedures.
(1)
On or after January 1, 2027, a person may not engage in the business of servicing a
carbon dioxide system unless the person is currently licensed by the state fire marshal.
(2)
(a)
On or after January 1, 2027, except as provided by Subsection
(2)(b)
, an
individual may not service a carbon dioxide system unless the individual is currently
certified by the state fire marshal.
(b)
Subsection
(2)(a)
does not apply to:
(i)
a fire officer
; or
(ii)
an individual in training who:
(A)
has not worked for more than 45 business days as a trainee; and
(B)
is supervised by an individual who holds a current certification under
Subsection
(2)(a)
.
(3)
The board shall:
(a)
make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, establishing requirements and standards for:
(i)
licensing under Subsection
(1)
, including for initial licensing qualification,
renewal, and revocation; and
(ii)
certification under Subsection
(2)
, including for initial certification qualification,
renewal, and revocation;
(b)
create application forms for licensing and certification; and
(c)
establish fees for licensing and certification under Section
63J-1-504
.
(4)
An applicant for licensing under Subsection
(1)
or certification under Subsection
(2)

shall:
(a)
submit a written application on the form prescribed by the board;
(b)
provide evidence of competency as required by the board; and
(c)
submit the fee established under Subsection
(3)(c)
.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 10:59 AM