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SALT LAKE CITY — A bill that would amend the state fire code passed the state House Monday and has put the state fire marshal in a "tough spot."
HB217, sponsored by Rep. Jim Dunnigan, R-Taylorsville, was originally intended to allow fire officials in unincorporated areas to ban the use of fireworks in certain dangerous conditions.
Monday, HB217 was amended by Rep. Mike Noel of Kanab to include language that would allow unincorporated areas to have a less restrictive fire code.
State Fire Marshal Coy Porter said that less restrictions would drop those areas under the acceptable minimum fire code. He said that for about the last 15 years, Utah has had a minimum standard. Municipal areas were allowed to place more requirements in their own area, based on their conditions.
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They light up the sky and are growing in popularity, but Chinese lanterns could soon become illegal in Utah."Obviously if you were a builder down in St. George, there's going to be more restrictiveness than if you build a home in Park City because of snow loading and other things," Porter said.
Noel and others in rural counties feel the current code doesn't address their needs.
"There are many situations in rural counties that deal with building codes, fire codes and energy codes that are not conducive to how we try to live in rural Utah," Noel said. "Do you feel that this code would protect (residents) in Kane, Garfield, Beaver, San Juan (counties) from tsunamis that might come into those areas?"
Porter said he understands where they are coming from, but lack of uniformity in minimum standards would cause too many problems. For one, the fire marshal's office would have to maintain up to 18 different codes, depending on the area in question.
Further, porter said it would make things more difficult for builders since they would have an even more confusing time trying to sort out the rules of building. Porter also pointed out that the same amendment would need to be placed on the building code and energy code.
"These are companion codes," he said. "The building code can't be at odds with the fire code — they are somewhat blended together."
These are companion codes. The building code can't be at odds with the fire code — they are somewhat blended together.
–Coy Porter
Though HB217 passed 65-8, some legislators still spoke out against it.
"If we create a situation where different jurisdictions are writing their own code, we also open a Pandora's box for them to start interpreting the code in any way they want," said Rep. Brad Wilson.
Porter said that similar changes to the building and energy codes could be discussed in the legislature Tuesday afternoon.
"Our concern would be that if a building required certain fire protective measures, and a country decided not to implement those measures, and then there was a fire that caused significant damage or loss of life, I don't know exactly where that would put any of us," he said. "That's a tough spot to be in."
