S.B. 80 Enrolled

1

FIRE LIABILITY MODIFICATIONS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Margaret Dayton
5 House Sponsor: Michael E. Noel
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to liability for a fire.
10 Highlighted Provisions:
11 This bill:
12 . clarifies a provision relating to a fire caused by a railroad;
13 . defines terms; and
14 . establishes evidence standards and penalties for an abandoned fire.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 56-1-15, as last amended by Laws of Utah 2007, Chapter 136
22 76-6-101, as last amended by Laws of Utah 1995, Chapter 291
23 76-6-104.5, as enacted by Laws of Utah 1998, Chapter 71
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 56-1-15 is amended to read:
27 56-1-15. Fire caused by railroad operations.
28 (1) As used in this section:
29 (a) "Railroad operation" means an operation conducted:

30 (i) by a railroad:
31 (A) owner;
32 (B) operator;
33 (C) contractor; or
34 (D) lessee; and
35 (ii) on a rail line.
36 (b) "Railroad operation" includes an operation of a train, a construction operation, or a
37 maintenance operation.
38 (2) In [any] an action for damages that result from a fire caused by [sparks emitted
39 from locomotive engines on a rail line] a railroad operation, proof that the fire occurred and
40 was caused by [sparks emitted from a locomotive engine operated by the railroad] a railroad
41 operation is prima facie evidence of negligence on the part of the [railroad] person who
42 conducted the railroad operation.
43 Section 2. Section 76-6-101 is amended to read:
44 76-6-101. Definitions.
45 For purposes of this chapter:
46 (1) "Property" means any form of real property or tangible personal property which is
47 capable of being damaged or destroyed and includes a habitable structure.
48 (2) "Habitable structure" means any building, vehicle, trailer, railway car, aircraft, or
49 watercraft used for lodging or assembling persons or conducting business whether a person is
50 actually present or not.
51 (3) "Property" is that of another, if anyone other than the actor has a possessory or
52 proprietary interest in any portion thereof.
53 (4) "Value" means:
54 (a) The market value of the property, if totally destroyed, at the time and place of the
55 offense, or where cost of replacement exceeds the market value; or
56 (b) Where the market value cannot be ascertained, the cost of repairing or replacing
57 the property within a reasonable time following the offense.

58 (5) If the property damaged has a value that cannot be ascertained by the criteria set
59 forth in Subsections (4)(a) and (b) [above], the property shall be [deemed] considered to have
60 a value less than $300.
61 (6) "Fire" means a flame, heat source capable of combustion, or material capable of
62 combustion that is caused, set, or maintained by a person for any purpose.
63 Section 3. Section 76-6-104.5 is amended to read:
64 76-6-104.5. Abandoned fire -- Penalties.
65 (1) A person is guilty of abandoning a fire if, under circumstances not amounting to
66 the offense of arson, aggravated arson, or causing a catastrophe under Title 76, Chapter 6, Part
67 1, [Offenses Against Property, he] Property Destruction, the person leaves a fire:
68 (a) without first completely extinguishing it; and
69 (b) with the intent to not return to the fire.
70 (2) A person does not commit a violation of Subsection (1) [or (2)] if [he] the person
71 leaves a fire to report an uncontrolled fire.
72 (3) A violation of Subsection (1):
73 (a) is a class C misdemeanor if [the] there is no property damage [is or exceeds $150
74 but is less than $300 in value];
75 (b) is a class B misdemeanor if property damage is [or exceeds $300 but is] less than
76 $1,000 in value; and
77 (c) is a class A misdemeanor if property damage is or exceeds $1,000 in value.
78 (4) If a violation of Subsection [(3)] (1) involves a wildland fire, the violator is also
79 liable for suppression costs under Section 65A-3-4 .
80 (5) A fire spreading or reigniting is prima facie evidence that the person did not
81 completely extinguish the fire as required by Subsection (1)(a).