8-17-272
Section 8-17-272 Testing and certification of cigarettes. (a) Except as provided in subsection (g), no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the State Fire Marshal in accordance with Section 8-17-273, and the cigarettes have been marked in accordance with Section 8-17-274. (1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes. (2) Testing shall be conducted on 10 layers of filter paper. (3) No more than 25 percent of the cigarettes tested in a test trial in accordance with this section shall exhibit full-length burns. Forty replicate tests shall comprise a...
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8-17-273
Section 8-17-273 Manufacturer to submit written certification; recertification; fee. (a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting to each of the following: (1) Each cigarette listed in the certification has been tested in accordance with Section 8-17-272. (2) Each cigarette listed in the certification meets the performance standard set forth in Section 8-17-272. (b) Each cigarette listed in the certification shall be described with the following information: (1) Brand or trade name on the package. (2) Style, such as light or ultra light. (3) Length in millimeters. (4) Circumference in millimeters. (5) Flavor, such as menthol or chocolate, if applicable. (6) Filter or non-filter. (7) Package description, such as soft pack or box. (8) Marking pursuant to Section 8-17-274. (9) The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test. (10) The date that the testing occurred. (c)...
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8-17-274
Section 8-17-274 Fire Standards Compliant marking. (a) Cigarettes that are certified by a manufacturer in accordance with Section 8-17-273 shall be marked to indicate compliance with the requirements of Section 8-17-272. The marking shall be in eight point type or larger and consist of the letters FSC, which signifies Fire Standards Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC Code. (b) A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages including, but not limited to, packs, cartons, cases, and brands marketed by that manufacturer. (c) Manufacturers certifying cigarettes in accordance with Section 8-17-273 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the State Fire Marshal, the Department of Revenue, the Attorney General, and their employees to inspect markings of...
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13A-10-190
Section 13A-10-190 Definitions. As used in this article, Section 13A-11-11, and Section 36-19-2.1, the following words shall have the following meanings: (1) BACTERIOLOGICAL WEAPON or BIOLOGICAL WEAPON. A device which is designed in a manner to permit the intentional release onto any person, into the population or environment of microbial, or other biological agents or toxins or viral agents whatever their origin or method of production in a manner not otherwise authorized by law or any device the development, production, or stockpiling of which is prohibited pursuant to the "Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction," 26 U.S.T. 583, TIAS 8063. The microbial or biological agents or viral agents shall include, but not be limited to, any of the following: Anthrax or any variation thereof, smallpox or any variation thereof. (2) CONVICTION. An adjudication of guilt of or a plea of...
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27-2-10
Section 27-2-10 Appointment, etc., of State Fire Marshal, assistants, etc.; compensation and bond thereof; contracting for professional services. (a) Subject to the Merit System Act and rules and regulations issued pursuant thereto, the commissioner shall prescribe the qualifications and duties of and appoint, employ, bond, and remove a State Fire Marshal and such other assistants, deputies, actuaries, examiners, and other employees as he deems necessary for the efficient performance of his duties under this code. (b) The commissioner shall fix the compensation of all such personnel in accordance with the Merit System Act and the pay plan of the state Personnel Department. (c) The commissioner may contract for and procure on a basis of fee, and without giving such persons any status in the classified service of the state, such independently contracting actuarial, technical, and other similar professional services as he may from time to time require for the discharge of his duties. (d)...
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34-33-1
Section 34-33-1 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed in this section: (1) CERTIFICATE HOLDER. An individual who is listed on the State Fire Marshal's permit as the responsible managing owner, partner, officer or employee who is actively in charge of the work of the certified fire protection sprinkler contractor. (2) CERTIFIED FIRE PROTECTION SPRINKLER CONTRACTOR. Any fire protection sprinkler contractor who has qualified and received a permit from the State Fire Marshal. (3) FIRE PROTECTION SPRINKLER CONTRACTOR I. An individual, partnership, corporation, association, or joint venture engaged in the business of layout, installation, repair, alteration, addition, maintenance, or inspection of all fire protection sprinkler systems. This does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacity. (4) FIRE PROTECTION SPRINKLER CONTRACTOR II. An...
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13A-10-205
Section 13A-10-205 Excluded persons and activities. Sections 13A-10-193, 13A-10-195, 13A-10-196, and 13A-10-200 shall not apply to any of the following: (1) A person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator pursuant to the laws of the United States, as amended, or when the person is acting in accordance with the laws and any regulations issued pursuant thereto. (2) A person licensed as a blaster by the State Fire Marshal, when the blaster is acting in accordance with the laws of the state and any regulations promulgated thereunder and any ordinances and regulations of the political subdivision or authority of the state where blasting operations are being performed. (3) Fireworks and any person authorized by the laws of this state and of the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks when acting in accordance with the laws and any regulations promulgated thereunder....
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8-17-275
Section 8-17-275 Violations. (a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale provided that in no case shall the penalty against a person or entity for that violation exceed one hundred thousand dollars ($100,000) during any 30-day period. (b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of Section 8-17-272 shall be subject to a civil penalty not to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale, provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand dollars ($25,000) for sales or offers to sell during any 30-day period. (c) In addition to any penalty prescribed by law, any corporation,...
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8-17-230
Section 8-17-230 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. For the purposes of this article, the following terms shall have the following meanings: (1) AMERICAN PYROTECHNICS ASSOCIATION. An association of the fireworks industry promoting safety and regulatory compliance in the design and use of legal fireworks. (2) ASSISTANT. A person who works under the supervision of a pyrotechnic operator in accordance with NFPA 1123, NFPA 1126, and NFPA 160. (3) CO-LEAD. A person who works under the supervision of a pyrotechnic operator in accordance with NFPA 1123, NFPA 1126, and NFPA 160 and is in training to become a pyrotechnic display operator or pyrotechnic special effects operator, or both. (4) CONSUMER FIREWORKS. Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion that comply with the...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol by volume and not in excess of thirteen and nine-tenths percent...
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