Ark. Code R. agency 228, ARKANSAS FIRE PROTECTION LICENSING BOARD RULES AND REGULATIONS FOR PORTABLE/FIXED SYSTEMS

Current through Register Vol. 49, No. 10, October, 2024

ARKANSAS FIRE PROTECTION LICENSING BOARD RULES AND REGULATIONS FOR PORTABLE/FIXED SYSTEMS

EFFECTIVE DATE OCTOBER 1, 2008

SECTION 1.SCOPE, PURPOSE AND FAIRNESS

1.PURPOSE. The purpose of the Rules and Regulations is to regulate persons engaged in the business of sale, installation and servicing portable fire extinguishers and to provide for the registration and licensure of businesses and persons providing the services, in order to protect and promote public safety by minimizing personal injury and property damages which might result from inadequate, unreliable, unsafe or improperly installed or maintained portable extinguishers and fixed fire extinguisher systems.

2.APPLICABILITY OF RULES. The rules shall apply to all firms, licensees and apprentices engaged in the business of servicing portable extinguishers, installing or servicing fixed fire extinguisher systems and performing hydrostatic testing, except those specifically exempt by Act 743 of 1977.

Any firm desiring to engage in the business of installing, repairing or servicing portable fire extinguishers or fixed fire extinguisher systems shall make a written verified application to the Board (on forms provided) for a Certification of Registration. A copy of such certificate will be provided for each separate location of such firm where such service is to be performed. The application must be signed by the sole proprietor, or each partner, or by an officer of the corporation. The appropriate fee must accompany the application, along with all information required by the Board,

3.FAIRNESS NOTICE. Notice by the Board as required by any provision of statute or of these rules must be given by personal service or mail, postage prepaid, addressed to the person to be notified at his last known address of resident or business as it appears on the records in the office of the Board,

SECTION 2.DEFINITIONS.

a. Apprentice - a specific individual to whom a permit has been issued by the Board to perform various acts of service under the direct supervision of a person holding a valid license to perform such acts.

b. Certified Firm - any business owned by an individual, partnership, corporation or association holding a current certificate of registration issued by the Board.

c. Condemned - a fire extinguisher system that does not meet the applicable standards for servicing and it cannot be repaired or corrected.

d. department of Transportation (DOT) Cylinder - all cylinders manufactured and tested in compliance with specifications of the United States Department of Transportation.

e. Fire Marshal - State Fire Marshal.

f. Firm - any person, partnership, corporation or association.

g. Full-Time Employee - an employee working an average of at least 30 hours per week.

h. Hydrostatic Testing - pressure testing by hydrostatic methods.

i. Impaired - a fixed fire extinguisher system or a portable fire extinguisher that does not meet the applicable minimum standards for servicing but the condition causing the impairment is correctable.

j. Investigator - a person employed by the Fire Protection Licensing Board to receive and investigate complaints.

k. License - a written document issued by the Board to any person for the purpose of grating permission to such person to perform any act or acts for which authorization is required.

l. Licensee - a specific individual to whom a license has been issued by the Board.

m. NFPA - National Fire Protection Association, Inc, A nationally recognized standards-making organization, # I Batterymarch Park, P. O. Box 9101, Quincy, Mass 02269-9101.

n. Organization - corporation, partnership or other business association, a government entity or other legal or commercial entity.

o. Person - a natural person, including any owner, manager, officer or employee of any firm.

p. Portable Fire Extinguisher - any device that contains within it chemicals, fluids, powder, liquids or gases for extinguishing fires.

q. Recharge - to fill an extinguisher with a charge the second and all succeeding times.

r. Recognized Testing Laboratory - a nationally recognized testing agency staffed by qualified personnel and properly equipped to conduct the particular test in question and who are regularly engaged In conducting tests and furnishing inspection and re-examination services. Such recognized testing laboratories are those who publish lists of tested materials, equipment or devices and conduct inspection of the listed product and must be approved by the Board.

s. Red Tag - any portable fire extinguisher system or fixed fire extinguisher system that is emergency impaired and therefore would not be acceptable for use in the case of emergency operation.

t. Repair - any work performed on or to any portable fire extinguisher system or fixed fire extinguisher system and not defined as charging, re-chairing, hydrostatic testing or inspecting.

u. Service Tag - any portable fire extinguisher or fixed fire extinguisher system that has successfully passed inspection by a licensed individual. lmpairments must be noted in the comment section of the tag.

v. Test - to subject any portable fire extinguisher or fixed fire extinguisher system to any procedure necessary to insure its proper operation or installation.

w. Service and Servicing - service or physically install portable fire extinguisher or fixed fire extinguisher systems by charging, filling, maintaining, recharging, repairing, hanging, locating or re-testing.

x. Standards - nationally recognized standards adopted herein.

y. Fixed fire Extinguisher System - expanded to include fire extinguisher systems installed according to these rules and regulations,

z. Monthly Inspection - a quick check that a fire extinguisher is in its designated place, that it has not been actuated or tampered with and that there is not obvious physical damage or condition to prevent its operation.

aa. Annual Maintenance - a thorough examination of the fire extinguisher. It is intended to give maximum assurance that a fire extinguisher will operate effectively and safely. It includes a thorough examination for physical damage or condition to prevent its operation and any necessary repair or replacement. It will norm ally reveal if hydrostatic testing or internal maintenance is required,

bb. Recharging - the replacement of the extinguishing agent (also includes the expellant for certain types of fire extinguishers),

cc. Servicing - performing maintenance, recharging or hydrostatic tests on a fire extinguisher.

dd. Six-Year Maintenance - every 6 years stored-pressure fire extinguishers that require a 12 - year hydrostatic test shall be emptied and subjected to the applicable maintenance procedures as detailed in the manufacturer's service manual.

ee. Procedures - as a minimum standards the following procedures shall be performed each time that the designated type of service is performed.

Monthly Inspection -

1. Determine that the fir extinguisher is in its designated place and that there are not obstructions on its accessibility.

2. Determine that the fire extinguisher has not been actuated or tampered with.

3. Determine that there is no obvious physical damage, clogged or obstructed hose or nozzle or other condition present to prevent the proper operation of the fire extinguisher.

4. Determine that the pressure gauge or indicator is in the operable range or position. Operate push-to-test indicator on non-rechargeable lire extinguishers.

5. Determine by weighing or hefting the fullness of self expelling, cartridge operated and pump tank fire extinguishers.

6. Determine the condition of tires, wheels, carriage, hose and nozzle on wheeled type fire extinguishers,

7. Initial in ink and date the monthly inspection tag if present.

Annual Maintenance -

1. Determine that the fire extinguisher is in its designated place and that there are no obstructions to its accessibility.

2. Determine that the fire extinguisher has not been actuated or tampered with,

3. Determine that there is no obvious physical damage, clogged or obstructed hose, nozzle or other condition present to prevent the proper operation of the fire extinguisher.

4. Determine that the pressure gauge or indicator is in the operable range or position. Operate push-to-test indicator on non-rechargeable fire extinguishers.

5. Determine by weighing or hefting the fullness of self expelling, cartridge operated and pump tank fire extinguishers.

6. Determine the condition of tires, wheels, carriage, hose or nozzle on wheeled type fire extinguishers.

7. The tamper seal of the rechargeable fire extinguisher shall be removed by operating the pull pin or locking device and a new tamper seal installed.

8. Complete, punch out applicable areas, initial in ink and install a new service tag on the fire extinguisher.

SECTION 3.SUBMITTING TO AN INSPECTION.

Each firm applying for a Certificate of Registration or a hydrostatic Testing Certificate must sign a statement with the Board indicating their willingness to an inspection of their premises by die Board or its duly authorized Deputy at its discretion,

SECTION 4.REGISTRATION, LICENSING AND FEES.

a. The Fire Protection Licensing Board shall issue no certificate of registration or license to a firm where the issuance of such license shall be confusing to the public. The firm requesting a certification of registration shall contact the Board concerning the acceptability of the proposed company name.

b. The person responsible for the operation of the certified firm must file an affidavit with the Board to obtain a license to install or service fixed fire extinguisher systems. The affidavit must state the firm employs trained persons to install and service each certified brand, the manufacturer's installation manual is in the possession of the responsible person and factory authorized parts for each brand of system are available.

c. Licensee may not make statements or representations, written or verbal, which inaccurately state the effectiveness of the fire extinguisher or a fire extinguisher system. Unfair comparison with competitor products is prohibited.

d. Company License:

1. Submit application with appropriate fees.

2. Provide a sample (not a copy) of company service tag, red tag and verification of service collar.

3. Provide a copy of the company liability insurance certificate (minimum £300,000.00)

4. Company shall be licensed for Class A or Class B Hydrostatic Testing or supply a letter from a company licensed by this Board stating they will perform the work for the company. (A company can only be licensed for Class A provided they have been approved and assigned a number by DOT. A copy of the DOT letter must accompany the application.

5. The license application for fixed fire suppression systems shall be accompanied by a copy of the company certificate of distributorship or an affidavit (forms provided) for each brand from a company licensed by this Board and is a distributor.

6. A company cannot be licensed for brands or types of systems without a licensed individual(s) employed by the firm who is trained and licensed for the same brand(s) or type(s) as the firm.

7. The Board may review the application, record to service, servicing shop facilities, methods and procedures of operations to determine the granting or renewing of a certificate of registration, license or permit that would not be contrary to public safety and welfare. The Board shall issue or renew certificate of registration, license or permit authorizing the applicant to engage in the business of servicing portable and fixed fire extinguisher systems provided the required fees have been paid. The Board shall give each certificate of registration, license or permit an identifying number.

8. Certified firms not licensed to perform hydrostatic testing must submit a letter from an Arkansas certified firm licensed by this Board to do hydrostatic testing, The letter must state the licensed certified firm will perform the needed hydrostatic testing for the unlicensed firm. In the event a licensed certified firm withdraws its letter of performance to the unlicensed firm a replacement letter must be forwarded to the Board office within 20 days from the date of withdrawal.

9. Invalid certificate of registration to service portable fire extinguishers or install and service fixed fire extinguisher systems may be renewed provided the license has been expired less than two (2) years by paying the past renewal fees along with any applicable late fees. A new certificate of registration must be submitted to the Board if the license has been expired two (2) year or more.

10. A certificate of registration may be denied, refused, suspended, revoked or the renewal thereof refused, if after notice and public hearing, the Board finds from the evidence presented at such hearing the firm has violated any of the provisions of Act 743 of 1977, as amended, or these rules and regulations.

11. A certificate of registration shall not be issued to any person under 18 years of age.

12. A certificate of registration issued pursuant to these regulations shall not be transferred from one firm to another.

13. A certificate of registration shall not constitute authorization for any licensee or any of his employees to enter upon or into any property or building.

14. A certificate of registration shall not constitute authorization for any holder of a certificate or any of its employees to enforce any provision(s) of theses regulations.

15. A certified firm shall report any change of location to the Board in writing within fourteen (14) days of such change to maintain validity of the affected certificate of registration. Any change of location shall be verified by the Board or its duly authorized Deputy and upon verification of such change shall affix a change of location stamp to the affected certificate of registration.

16. A certificate of registration issued to a firm by the Arkansas Fire Protection Licensing Board must be posted at the certified location. The certificate must be in a location for inspection at any reasonable hour.

17. A duplicate certificate or registration may be issued by the Board to replace a previously issued certificate which has been lost or destroyed. A written statement from the certified firm to the Board attesting to the fact the certificate has been lost or destroyed must be received prior to the issuance of a duplicate certificate. The fee for re-issuance shall be $25.00.

18. Application for renewal of a certificate of registration shall be made annually. Appropriate fees and documentations shall acompany the renewal application.

e. Individual License:

1. Any person employed by a certified firm, corporation or partnership engaged in the business of servicing portable fie extinguishers, installing fixed fire extinguisher systems or hydrostatic testing shall submit an application to the Board (on forms provided) and take a written examination for the appropriate license. Fee and documentation must accompany the application.

2. Examinations shall be given at least once per month at a place to be determined by the Board. Applications, fees and appropriate documentation must be received prior to testing. Individuals should contact the Fire Protection Licensing Board to schedule testing.

3. A minimum grade of 90% is required to pass any examination, Applicants obtaining a minimum grade of 90% will be issued a license endorsed with the type of service qualified by the examination.

4. Application for individual license to install or service fixed fire extinguisher systems must be accompanied by a current certificate affirming the licensee has been trained by the particular brand name manufacturer the licensee is seeking a license for OR an affidavit (on forms provided) affirming the licensee has been trained on the particular brand name of the manufacturer by a person holding a current certificate of training from the manufacturer and licensed by this Board. The person providing the training shall complete the affidavit. A copy of the trainer's manufacturer's certificate of training shall accompany the affidavit. A copy of the current DOT approval letter with the individual's name and company must accompany the application for Class A Hydrostatic Testing. The individual's name must have been placed on the DOT list for certification. The above information must be on file with the Board office at all times,

5. Persons holding a valid license shall not be authorized to perform any act unless employed by a certified firm. Persons forming a new firm must sever employment with their current employer prior to making application for new firm certificate of registration. Individual license may be transferred by filing a transfer application, accompanied by license, pocket card, a statement from the previous employer stating the separation date, the name and address of the new employer and the firm's certificate of registration number. The owner, partner or officers of the corporation must sign the application. The transfer fee shall accompany the transfer application.

6. The licensee shall report any change in home address to the Board within 14 days.

7. Licensee shall not assume a license has been issued until the pocket card issued by the Board has been received. It shall be unlawful tor any person to service or install fire extinguishers in this State unless said person possesses a current valid card evidence of the fact the person holds an active license and stating the firm with whom the licensee is affiliated.

8. Every person holding a valid license shall, upon demand, show and permit examination of such license by the Board or its duly appointed deputy.

9. A duplicate license may be issued to replace a license that has been lost or destroyed. The licensee requesting the duplicate license shall submit a written statement to the Board attesting to the fact the license has been lost or destroyed, accompanied by the appropriate fee for duplicate license.

10. A license shall not constitute authorization for any person to enter upon or into any property or building.

11. A license shall not constitute authorization for any person to enforce any provisions(s) of these rules.

12. A license may be used for identification purposed ONLY as long as such license remains valid while the licensee is in the employment of the certified firm.

13. A licensed employee of a certified firm may perform only those acts authorized by the firm's certificate of registration. A licensee may perform only those acts authorized by his license.

14. License issued pursuant to these regulations shall not be transferred from one person to another.

15. New employees of certified firms may make application for an apprentice permit. The permit shall be valid for one (1) year from the date of issuance and shall not be renewed. An apprentice, under the direct supervision of a valid licensee, may perform the various acts of servicing portable fire extinguishers, installing or servicing fixed fire extinguisher systems.

16. All acts of service performed a liter the expiration date of an apprentice permit, where the permit holder has not applied for a license, shall be in violations of the regulations.

17. The apprentice permit holder shall report any changes in home address to the Board within fourteen (14) days of such change.

18. Each person holding a valid apprentice permit shall, upon demand, show and permit the examination of such permit to the Board or its duly appointed deputy.

19. A duplicate apprentice permit may be issued to replace any previously issued permit that has been lost or destroyed. The licensee requesting the duplicate license shall submit a written statement to the Board attesting to the fact that the permit has been lost or destroyed, accompanied by the appropriate fee lor duplicate permit.

20. The license and appropriate fee shall be invalid if not received in the office of the Board on or before the expiration date on the individual license. The licensee holding said license shall cease to perform those acts of service authorized by the license.

21. Invalid individual license to service portable fire extinguishers or install and service fixed fire extinguisher systems may be renewed if the license is less than two (2) years expired by paying the past renewal fees along with any applicable late lee. Individual license with an expiration of two (2) years or more must submit to and pass another examination to receive a license.

22. Application for individual license renewal shall be made annually. The appropriate fees and documents shall accompany the renewal application.

23. Persons who perform any acts within the scope of the employer's certificate of registration shall pass a written examination given at the direction of the Board. Such examination may be supplemented by practical test or demonstrations deemed necessary to determine the applicant's knowledge and ability to service portable fire extinguishers or fixed fire extinguisher systems.

24. A license or permit may be denied, refused, suspended, revoked or the renewal thereof refused, if after notice and public hearings, the Board finds from the evidence presented at such hearing the individual has violated any of the provisions of Act 743 of 1977, as amended, or these rules and regulations.

SECTION 5.LICENSE ALTERATION

Evidence of alteration of the certification of registration, license or permit shall render said certificate, license or permit invalid and the altered certificate, license or permit shall be surrendered to the Board or its duly authorized deputy upon request.

SECTION 6.TAKING ORDERS

Certified firms shall not be prohibited from taking orders for the performance of any act(s) which said firm is not authorized to perform. Such orders shall be consigned to a firm licensed by this Board to perform the necessary act(s).

SECTION 7.FEE SCHEDULE FOR PORTABLE, FIXED AND HYDROSTATIC SYSTEMS

a. Every fee required in accordance with the provisions of Act 743 of 1977, as amended and these rules shall be paid by check or money order. Check or money order shall be made payable to the Arkansas Fire Protection Licensing Board.

b. Fees shall be paid at the office of the Board in Little Rock, Arkansas or mailed to, an address specified by the Board.

c. Fees shall be as bellows: New Company:

Portable	$300.00
Fixed	$300.00
Class A	$100.00
Class B	$ 50.00

Company Renewal:

Portable	$300.00
Fixed	$300.00
Class A	$100,00
Class B	$ 50.00

Individual Testing and Licensing:

Portable	$ 60.00
Fixed	$ 60.00
Class A	$ 60.00
Class B	$ 60.00

Renewal Individual License:

Portable	$ 30,00
Fixed	$ 30.00
Class A	$ 15,00
Class B	$ 10.00

Other fees:

Exam Fee	$ 30.00
License Transfer	$ 30.00
License Update	$ 30.00
Licensing Packet	$ 28.00
Branch office (if a different name)	$ 28-00
Apprentice Permit	$ 15.00
Duplicate License	$ 25-00

d. Late fees are required for all certificate or license holders who fail lo submit renewal application and appropriate fees on or prior lo their expiration date of September 30 of each year.

e. A renewal application, accompanied by the required renewal fee and deposited with the United States Postal Service, is deemed timely filed, regardless of actual date of delivery, when it envelope bears a legible postmark date which is on or before the expiration date of the certificate or license being renewed.

f. A certificate or license expired for two (2) years or more cannot be renewed.

g. Holders of certificate and licenses expired for less than two (2) years may be issued certificates or license. Renewal fee for such certificate or license is composed of renewal and late lee and shall be determined in accordance with the following schedule:

Expired 1-90 days	1 renewal fee + 1/2 of initial fee
Expired 91-365 days	1 renewal fee + 1 initial fee
Expired 366- 2 years	2 renewal fees + 1 initial fee

h. Certificate and license expired two (2) years or more shall be treated as a new company. All employees shall re-test in order to receive a license.

SECTION 8.ADOPTED STANDARDS

a. The Board adopts, for its testing purposes, by reference in their entirety, unless specified, the most current standards published by and available from the National Fire Protection Association, Inc. # 1 Batterymarch, P. O. Box 9191, Quincy, Mass 02269-9191. telephone number 1-800-344 -3555.

b. All portable fire extinguishers and fixed systems installed or serviced in this State shall be done in compliance with Act 743 of 1977, as amended, the rules of the Board, manufacturer's specification and one or more of the following:

NFPA 10	Portable Fire Extinguisher
NFPA 11	Low Expansion Foam and Combined Agent System
NFPA 11A	Medium and High Expansion Foam System
NFPA 12	Carbon Dioxide Extinguishing System
NFPA 12A	Halon 1301 Fire Extinguishing System
NFPA 12B	Halon 1211 Fire Extinguishing System
NFPA 17	Dry Chemical Extinguishing System
NFPA 17A	Wet Chemical Extinguishing System
NFPA 96	Vapor Removal Foam Cooking Equipment
NFPA 2001	Clean Agent Fire Extinguishing System

Compressed Gas Association (CGA) Pamphlet C-6, Standards for Visual Inspection of Compressed Gas Cylinder.

Compressed Gas Association (CGA) Pamphlet C-1, Methods for Hydrostatic Testing of Compressed Gas Cylinder

c. All compressed gas cylinders (Class A) shall be hydro statically tested in compliance with Compressed Gas Association pamphlets C-1 and C-6, most current edition and the rules and regulations of this Board.

d. All low pressure (Class B) Hydrostatic testing shall he accomplished in accordance with NFPA 10, most current edition and the rules and regulations of this Board.

e. The Arkansas Fire Protection Licensing Board testing is over the latest editions of the NFPA standards. However, where work is being performed, installations must be done in accordance with locally adopted ordinances, rules, codes, etc.

SECTION 9.EXTINGUISHER SALES

No portable fire extinguishers shall be sold, leased, serviced or re-charged in the State of Arkansas unless labeled and/or listed by Underwriters Laboratories, Inc., Factory Mutual System and other nationally recognized testing which is approved by the Arkansas Fire Protection Licensing Board or the Office of the State Fire Marshal.

SECTION 10.IMPORTANT NOTICE

At a public bearing held on November 19.1997 the Arkansas Fire Protection Licensing Board adopted the following.

a. EFFECTIVE MARCH 1, 1998 DRY CHEMICAL AUTOMATIC FIRE EXTINGUISHING SYSTEMS CAN NO LONGER BE INSTALLED TO PROTECT COMMERCIAL COOKING OPERATIONS. The change does not effect existing systems which can continue to be serviced and modified provided these services can be performed according to the original UL listing, manufacturer's direction and with manufacturer's authorized parts and chemicals.

b. Ansul has stopped supplying parts for their R 101 Dry Chemical Systems effective January 1, 1999. Licensees can continue to service and modify dry chemical systems (all brands) over cooking operations only if you obtain and use new manufacturer's parts and chemicals. Do not use used parts taken from other systems. Do not use old chemicals. As long as these rules arc complied with the serviced dry chemical can be tagged "OK'". Systems that can no longer be serviced shall be Red Tagged and the customer given a written report.

c. Effective October 10, 2002 Dry Chemical Restaurant Systems may be six year hydrostatic pressure tested and recharged as needed through December 31, 2005. No modifications can be made in the event new equipment is added and any parts used to service these systems must be new manufacturer's parts. If you do not have new parts then these systems may not be serviced by your firm and must be Red Tagged.

After December 31, 2005 any dry chemical system that is due for hydrostatic pressure testing, due for six year maintenance or has been discharged may not be serviced nor placed back into service.

After December 31,2007 no dry chemical restaurant fire systems may be serviced for any reason and must be Red Tagged,

d. Effective March 9, 2004 all wet systems that are not UL 300 standards may he hydro tested through December 31, 2005. No modifications can be made in the event new equipment is added and any parts used to service these systems must be new manufacturer's parts. If you do not have new parts these systems may not be serviced by your firm and must be Red Tagged.

After December 31, 2005 non UL 300 wet systems due for hydro testing may not be serviced nor placed back into service.

After December 31, 2007 nonUL 300 systems may not be serviced for any reason and must he Red 1 tagged.

e.The 2007 Edition of NFPA 10, Section 4.4.1 states - "Dry chemical stored pressure extinguishes manufactured prior to October 1984 shall be removed from service at the next 6-year maintenance interval or the next hydro test interval, whichever comesfirst "

it is the opinion of this Board that this requirement will create an extreme financial hardship on individuals and businesses in the State of Arkansas and is not in the best interest of the citizens of the State of Arkansas, therefore, this Board will not enforce Section 4.4.1 of the 2007 Edition of NFPA 10, so long as the following conditions apply:

1.The extinguisher is in good mechanical and operational condition.

2.The extinguisher is properly and successfully serviced maintained, and tested by a licensed firm

3.The licensed firm has access to and uses, the manufacturer's parts necessary to service, maintain and test the extinguisher.

However, irregardless of the above, all dry chemical stored pressure fire extinguishers manufactured prior to October 1984 shall be removed from service no later than January 1, 2015.

SECTION 11.REQUIREMENTS FOR SERVICE TAGS

General Requirements, Service tags are required by the rules and regulations and shall be in confirmity with the following provisions; (A current sample of the company's service tag must be on file with the Board at all time,)

a. Tags shall be no more and no less than 5 1/4 inches in height and 2 5/8 inches in width. Service tags shall be any color EXCEPT RED.

b. One service tag shall be attached to each portable lire extinguisher in such a position as to be conveniently inspected, but not to hamper the operation or removal of the extinguisher from the bracket,

c. The service tag may be printed or otherwise established for any number of years not m excess of five (5) years.

d. Every tag attached to an extinguisher for fixed system serviced by a licensed firm shall be an approved service tag conforming to these rules,

e. A sample of the firm's service tag must accompany the firm's application for a certificate of registration. If changes are made to the design of the service lag, a sample of the new revised lag must be forwarded to the Board office. A sample of the current service tag must be on file with the Arkansas The Protection Licensing Board at all times.

f. Service tags shall bear the following information.

i. servicing firm's name

ii. address of servicing firm

iii. certificate of registration number

iv. type of service performed

v. date service was performed

vi. license number of the individual performing or supervising the service and services performed.

vii. Apprentice permit number

viii.DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL in bold type with font size not less than

ix. Signature or initials of service person. Signature or initials must be handwritten in INK at the time of service.

x. A new service tag must be attached to the extinguisher or fixed system each time service is performed.

g. The date of service and type of service performed must be indicated by a perforation such as a hand punch on the appropriate .section of the tag.

h. No person or persons shall remove the service tag except when further service is performed. No person or persons shall deface, modify or alter any required service tag attached to any portable fire extinguisher.

SECTION 12.REQUIREMENTS FOR RED TAGS

Fixed fire protection systems and portable fire extinguishers which do not conform with the minimum regulations or standards shall not be tagged but shall be provided with a Red Tag according to the following: (A current sample of the company's Red Tag must be on file with the Board office at ail times.)

a. Red tags shall be no more and no less than 5 1/4 inches in height and 2 5/8 inches in width.

b. Red tags shall be marked as impaired or condemned based on the following guidelines:

1. Impaired - a fixed fire extinguisher system or portable fire extinguisher shall be impaired when it does not meet the applicable standards for servicing but the condition causing the impairment is correctable.

2. Condemned - a fixed fire extinguisher system or portable lire extinguisher shall be condemned when it does not meet the applicable minimum Standards for servicing and it cannot be repaired or corrected.

c. Red tags shall bear the following information:

i. Name and address of the servicing firm.

ii. certificate of registration number of the servicing firm

iii. a section to clearly label "Impaired" or "Condemned"

iv. name and address of the owner of the fixed fire extinguisher system or portable fire extinguisher

v. date of "impairment" or "condemnation"

vi. license number and initials or name of the serviceperson "impairing" or "condemning" the unit. Name or initials must be handwritten in ink at the time of service.

vii. A printed statement 'DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL" in bold print type with font size not less than 16.

viii. A statement as to why the unit is "impaired" or "condemned".

d. A sample of the firm's Red Tag shall be forwarded to the Fire Protection Licensing Board with the application for a certificate of registration. If a change has been made in the design of the Red Tag a sample of the new revised Red Tag shall be forwarded to the Board office. Current Red Tags must be on file with the Fire Protection Licensing Board at all times.

e. The Red Tag may be removed by;

i. a member of the State Fire Marshal's office

ii. local fire marshal

iii. authorized and licensed employee of a certified firm

iv. members of the Arkansas Fire Protection Licensing Board

(and only if the system was "impaired" arid the impairing condition(s) is corrected.)

SECTION 13.VERIFICATION OF SERVICE (Maintenance or Re-charging)

a. Each extinguisher that has undergone internal examination or has been recharged shall have a "Verification of Service" collar located around the neck of the container. Extinguishers capable of or allowed to be recharged without removal of the valve assembly (CO2 or Halon) will not require a verification of service collar at that time. The collar shall contain a single circular piece of uninterrupted material forming a hole of a size that will not permit the collar assembly to move over the neck of the container unless the valve is completely removed. The collar shall not interfere with the operation of the fire extinguisher. The Verification of Service collar shall include:

i. the month and year the service was performed, indicated by a perforation such as is done by a hand punch. (Exception # 1: Cartridge/cylinder-operated fire extinguishers do not require a verification of service collar.)

The Verification of Service Collar shall be made of a durable non-rigid polymer material. Collars made of high-density polyethylene or other non-rigid materials shall not be acceptable or approved. The smallest applicable collar size shall be installed on the neck of each extinguisher requiring the installation of such a collar.

b. Re-charge Record Keeping - Each fire extinguisher shall have a lag or label {six year maintenance or hydrostatic test) securely attached indicating the month and year recharging was performed and that identifies the person performing the service. In accordance with NFPA 10 a verification of service (maintenance or re-charging) collar shall also be attached to the extinguisher.

Exception # 2: Cartridge/cylinder operated fire extinguishers do not require a verification of service collar.

c. Failure lo properly complete and attach the verification of service collar may result in suspension or revocation of a service personnel's license.

d. A sample of the collar must be included when applying for or renewing the certificate of registration,

SECTION 14.BOARD MEETINGS

The Arkansas Fire Protection Licensing Board will conduct at least four (4) meetings per year. The Chairman of the Board will preside at the meeting and may conduct other meetings on an as needed basis.

Special meetings of the Board may be called at any tine by a majority of the Board or at the discretion of the Chairman of the Board,

Any person desiring to appear before the Board at any of its regular meetings, to take up any business within its Jurisdiction shall, at least 15 days prior to such meeting, file with the Board a written request therefore, in which the nature and purpose of the appearance shall be clearly and concisely stated to fully apprise the Board of the basis and extent of such business. An estimate of time needed must be stated on request.

The Board shall arrange the order of business of all meetings of the Board and shall at least ten (10 days prior thereto, notify all persons who are to appear before any such meeting the place and approximate time to appear before the Board.

Appearance before any special meeting of the Board shall be voluntary on the part of any person and they must file with the Board prior to any such appearances, a signed statement to the effect that such appearance is voluntary.

SECTION 15.BOARD HEARING, COMPLAINTS, INVESTIGATION

a. Complaints. Any and all complaints falling within the jurisdiction of the Board, which individuals make, must be in written form. The Board staff will date stamp the complaint and a complaint number will be assigned when received in the Board office.

b. Investigations. The Board may, on its own motion, initiate investigation. The Board after reviewing the complaint may proceed to investigate the allegations.

The Board in consultation with the Board Counsel will determine whether there is sufficient evidence to make prima facie case.

c. Hearings. If it is determined that there is a prima facie case, that the licensee or individual has violated laws under the Board's jurisdiction, the Board will cause a Notice of Hearing to be issued. The Notice of Hearing will contain information as required by Arkansas Administrative Procedures Act.

The notice will be served on the Respondent by U. S. Mail or by personal delivery at least twenty (20) days before the scheduled hearing. Notice shall be deemed sufficient if the Notice is mailed to the person at his or her address of record with the Board.

Hearings before the Board shall be presided over by the Chairman, although the Board may from time to time utilize hearing officers. Testimony before the Board shall be made under oath and shall be steno graphically reported.

Respondents before the Board shall be entitled to be represented by counsel, shall be allowed to cross-examine witnesses and shall be allowed to present testimony, photographs and other exhibits which are determined to be admissible by the Chairman or Hearing Officer.

At the conclusion of the evidentiary portion of the hearing, the Board will conduct deliberations. At the close of the deliberations, the Board will make Findings of Fact, Conclusion of Law and Disciplinary Orders, if appropriate.

d. Alternate Proceedings. Prior to proceeding to a formal adjudicative bearing, the case will be reviewed by an ad hoc committee to determine whether summary proceedings should be invoked. Members of the committee will be appointed by the Chairman and will in most cases include the State Fire Marshal, the Board Executive Director and/or Investigator and the Board's Legal Counsel. If the Committee determines that the violations, if proved, would not warrant license revocation or a fine in an amount greater than one thousand ($1,000.00) dollars, the committee may recommend the complaint be handled in a summary manner. The decision will be referred to the Chairman for acceptance or rejection.

If the Board decides to utilize alternative proceedings, the Respondent will be notified by mail that the Board has teamed that he or she has engaged in actions which violate the licensing law and it is recommended that under all the circumstances appropriate sanction is fine of one thousand ($1,000.00) dollars or less. The notice will further inform the Respondent that he has a right to reject the proposed fine and have a full evidentiary hearing.

The Respondent will be provided with a document which requests that he admit or deny violation of the Licensing Law and to further accept or reject the proposed penalty. The Respondent will indicate he understands he has a right to a full evidentiary hearing before the Board and that he elects not to exercise that right.

The Board shall notify, in writing, every licensee complained against, provided said complaint is determined to make out a prima facis case.

Any and every Notice, Order or other instrument herein required to be forwarded or sent to any person concerning a complaint or hearing shall be deemed sufficient if addressed to the person at his or her address as last furnished to the Board, In sealed envelope and delivered by Certified Mail, postage prepaid.

Any and every person appearing before the Board at any of its hearings shall be first placed under oath. All testimony given or statements made to or before shall be steno graphically reported and made a part of the record in such case.

At any meeting of the Board at which a hearing is to be held on any complaint previously filed the same shall be set down for a day certain by the Board, at least ten (10) days prior to any such hearing date.

The Board shall, at least twenty (20) days prior to any such hearing date, notify all persons entitled to notice thereof, by certified mail of the order of the Board setting such complaint for hearing. Said notice shall contain the place and approximate time of said hearing, a brief and concise statement of the facts forming the basis of the complaint, the provisions of the law or the rules and regulations thought to be involved therein and shall be executed by the Board, dated and sealed with the official seal of the Board.

Any licensee complained against and to be heard or any complaining witness, may, by written petition, signed and dated, invoke the aid of the Board in the procurement of any witness he or she may desire to be present and testify at any such hearing, such petitions to be filed with the Board at least five (5) days prior to such bearing date. Any and all cost anticipated must be deposited with the Board at the time of any such request

Each and every hearing of the Board after being duly called to order, shall begin with a statement by the Chairman or Vice-Chairman, as to the nature of the cause to be heard, an inquiry of the parties present as to whether each is prepared to proceed and thereafter the cause, shall proceed with the presentation of evidence for and on behalf of the complainant. After the conclusion of such evidence the person complained against may then proceed to introduce evidence in contradiction, after which rebuttal testimony may be offered.

Either oral or written argument on the issues raised, may be called for or dispensed with by the Chairman or discretion of the Board.

The Board shall file its written findings and conclusions as to all hearings, same to be signed by the Board. A copy of such Order shall be sent to the licensee involved, by certified mail.

At any hearing both the licensee or complaining witness involved may be present in the hearing room during the entire proceedings and shall have the right to cross-examine any witness and to examine any document or evidence submitted.

The Board will receive into evidence all affidavits, depositions, certified copies of documents, Photostats of official records and exhibits therein introduced, together with such other evidence as may be administered by the law. The Board shall give to such evidence such weights as they shall determine just and proper.

Every pleading, motion or other document and every request to the Board must be filed with the Board in writing, signed, dated and in quadruplicate,

No attorney shall withdraw his appearance in any case before this Board except by leave of the Board after notice served by him or his client and counsel for the Board.

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Ark. Code R. agency 228, ARKANSAS FIRE PROTECTION LICENSING BOARD RULES AND REGULATIONS FOR PORTABLE/FIXED SYSTEMS