Carbon Dioxide System Amendments, the official text

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