H.B. 22

1

FIRE PREVENTION AND FIREWORKS ACT AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: James A. Dunnigan
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 Committee Note:
9 The Business and Labor Interim Committee recommended this bill.
10 General Description:
11 This bill modifies the Fire Prevention and Fireworks Act to address definitions and
12 fireworks.
13 Highlighted Provisions:
14 This bill:
15 . modifies definitions;
16 . repeals certain testing and approval requirements;
17 . modifies times for sale and discharge of fireworks; and
18 . makes technical and conforming amendments.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 53-7-202, as last amended by Laws of Utah 2010, Chapters 61 and 310
26 53-7-222, as last amended by Laws of Utah 2010, Chapters 61 and 324
27 53-7-225, as renumbered and amended by Laws of Utah 1993, Chapter 234

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53-7-202 is amended to read:
31 53-7-202. Definitions.
32 As used in this part:
33 (1) "Agricultural and wildlife fireworks" means a class C dangerous explosive that:
34 (a) uses sound or light when deployed; and
35 (b) is designated to prevent crop damage or unwanted animals from entering a
36 specified area.
37 (2) "Class A explosive" means a division 1.1 or 1.2 explosive as defined by the United
38 States Department of Transportation in Part 173, Title 49, Code of Federal Regulations.
39 (3) "Class B explosive" means a division 1.2 or 1.3G explosive as defined by the
40 United States Department of Transportation in Part 173, Title 49, Code of Federal Regulations.
41 (4) "Class C explosive" means a division 1.4G explosive as defined by the United
42 States Department of Transportation in Part 173, Title 49, Code of Federal Regulations.
43 (5) [(a)] "Class C common state approved explosive" means a [class C explosive that
44 is:] firework that:
45 (a) is purchased at retail for use by a consumer; and
46 (b) is not a Class C dangerous explosive.
47 [(i) a cardboard or heavy paper cylindrical tube or cone that:]
48 [(A) produces a shower of color and sparks that reach a maximum height of 15 feet;]
49 [(B) may whistle or pop; and]
50 [(C) is not designed to explode or leave the ground;]
51 [(ii) a pyrotechnic wheel device that:]
52 [(A) may be attached to a post or tree; and]
53 [(B) contains up to six "driver" units or tubes;]
54 [(iii) any device that:]
55 [(A) spins, jumps, or emits popping sounds when placed on the ground;]
56 [(B) does not exceed a height of 15 feet when discharged; and]
57 [(C) does not travel laterally more than 10 feet on a smooth surface when discharged;]
58 [(iv) a morning glory, suzuki, or flitter sparkler; and]

59 [(v) a single tube day type parachute that does not carry any flare or flame upon
60 descent.]
61 [(b) "Class C common state approved explosive" does not mean:]
62 [(i) class C dangerous explosives; or]
63 [(ii) exempt explosives.]
64 (6) (a) "Class C dangerous explosive" means a class C explosive that is:
65 (i) a firecracker, cannon cracker, ground salute, M-80, cherry bomb, or other similar
66 explosive;
67 (ii) (A) a skyrocket [or any device other than a model rocket that uses combustible or
68 explosive material and rises more than 15 feet when discharged];
69 (B) a missile type rocket;
70 (C) a single shot, or reloadable aerial shell; or
71 (D) a rocket similar to one described in Subsections (6)(a)(ii)(A) through (C),
72 including an aerial salute, a flash shell, a comet, a mine, or a cake containing more than 500
73 grams of pyrotechnic composition; or
74 (iii) (A) a bottle rocket;
75 (B) a roman candle [or other device that discharges balls of fire over 15 feet in height];
76 [(iv) a tube or cone aerial firework that propels comets, shells, salutes, flash shells, or
77 similar devices more than 15 feet into the air; and]
78 [(v) a chaser, whistler, or other device that darts or travels more than 10 feet laterally
79 on a smooth surface or exceeds 15 feet in height when discharged.]
80 (C) a rocket mounted on a wire or stick; or
81 (D) a device containing a rocket described in this Subsection (6)(a)(iii).
82 (b) A "class C dangerous explosive" does not mean[: (i) class C common state
83 approved explosives; or (ii)] exempt explosives.
84 (7) (a) "Display fireworks" means large firework devices that consist of explosive
85 materials that are intended for use in outdoor aerial fireworks displays to produce visible or
86 audible effects by combustion, deflagration, or detonation.
87 (b) "Display fireworks" includes aerial shells, salutes, roman candles, flash shells,
88 comets, mines, and other similar explosives.
89 (8) (a) "Display operator" means a person licensed under Section 53-7-223 and who is

90 responsible for site selection, setting up, permits, overseeing assistants and support personnel,
91 and discharging display fireworks outdoors in situations where the audience maintains a
92 specific distance separating it from the display fireworks being discharged.
93 (b) "Display operator" does not mean a fire department.
94 (9) "Exempt explosive" means a model rocket, toy pistol cap, emergency signal flare,
95 snake or glow worm, party popper, trick noisemaker, match, and wire sparkler under 12 inches
96 in length.
97 (10) (a) "Fireworks" means:
98 (i) class C explosives;
99 (ii) class C dangerous explosives; and
100 (iii) class C common state approved explosives.
101 (b) "Fireworks" does not mean:
102 (i) exempt explosives;
103 (ii) class A explosives; or
104 (iii) class B explosives.
105 (11) "Flame effects" means the combustion of flammable solids, liquids, or gases to
106 produce thermal, physical, visual, or audible phenomena before an audience.
107 (12) (a) "Flame effects operator" means a person licensed under Section 53-7-223 who,
108 regarding flame effects, is responsible for:
109 (i) storage, setup, operations, teardown, devices, equipment, overseeing assistants and
110 support personnel, and preventing accidental discharge; and
111 (ii) completion of the sequence of control system functions that release the fuel for
112 ignition to cause combustion and create the flame effects.
113 (b) (i) "Flame effects operator" does not include a person who participates in a
114 meeting, as limited under Subsection (12)(b)(ii), with other persons solely to receive training,
115 to practice, or provide instruction regarding flame effects performance.
116 (ii) A meeting under Subsection (12)(b)(i) may include a nonpaying and unsolicited
117 audience of not more than 25 persons.
118 (13) "Importer" means a person who brings class B or class C explosives into Utah for
119 the general purpose of:
120 (a) resale or use within the state; or

121 (b) exportation to other states.
122 (14) (a) "Pyrotechnic" means any composition or device manufactured or used to
123 produce a visible or audible effect by combustion, deflagration, or detonation.
124 (b) "Pyrotechnic" does not mean exempt explosives.
125 (15) "Retail seller" means a person who sells class C common state approved
126 explosives to the public during the period authorized under Section 53-7-225 .
127 (16) "Special effects" means a visual or audible effect caused by chemical mixtures
128 that produce a controlled, self-sustaining, and self-controlled exothermic chemical reaction that
129 results in heat, gas, sound, or light and may also create an illusion.
130 (17) "Special effects operator" means a person licensed under Section 53-7-223 who is
131 responsible for setting up, permits, overseeing assistants and support personnel, analyzing
132 potential hazards, setting clearances, and discharging pyrotechnic devices, either indoor or
133 outdoor, where the audience is allowed to be in closer proximity to the pyrotechnic devices
134 than the audience separation distance generally required for display fireworks.
135 (18) "Trick noisemaker" includes a:
136 (a) tube or sphere containing pyrotechnic composition that produces a white or colored
137 smoke as its primary effect when ignited; and
138 (b) device that produces a small report intended to surprise the user, including a:
139 (i) "booby trap," which is a small tube with a string protruding from both ends that
140 ignites the friction sensitive composition in the tube when the string is pulled;
141 (ii) "snapper," which is a small paper-wrapped device containing a minute quantity of
142 explosive composition coated on bits of sand that explodes producing a small report;
143 (iii) "trick match," which is a kitchen or book match coated with a small quantity of
144 explosive or pyrotechnic composition that produces a small shower of sparks when ignited;
145 (iv) "cigarette load," which is a small wooden peg coated with a small quantity of
146 explosive composition that produces a small report when ignited; and
147 (v) "auto burglar alarm," which is a tube that:
148 (A) contains pyrotechnic composition that produces a loud whistle and smoke when
149 ignited;
150 (B) may contain a small quantity of explosive to produce a small explosive noise; and
151 (C) is ignited by a squib.

152 (19) "Unclassified fireworks" means:
153 (a) a pyrotechnic device that is used, given away, or offered for sale, that has not been
154 tested, approved, and classified by the United States Department of Transportation;
155 (b) an approved device that has been altered or redesigned since obtaining approval by
156 the United States Department of Transportation; and
157 (c) a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler
158 before receiving approval by the United States Department of Transportation.
159 (20) "Wholesaler" means:
160 (a) a person who sells class C common state approved explosives to a retailer; or
161 (b) a person who sells class B explosives or class C dangerous explosives for display
162 use.
163 Section 2. Section 53-7-222 is amended to read:
164 53-7-222. Restrictions on the sale or use of fireworks.
165 [(1) (a) The division shall test and approve a representative sample of each class C
166 common state-approved explosive before the explosive may be sold to the public.]
167 [(b) The division shall publish a list of all class C explosives that are approved for sale
168 to the public each year.]
169 [(2)] (1) (a) Except as provided in Subsection [(2)] (1)(b), class C dangerous
170 explosives may not be possessed, discharged, sold, or offered for retail sale.
171 (b) (i) The following persons may purchase, possess, or discharge class C dangerous
172 explosives:
173 (A) display operators and special effects operators who receive a license from the
174 division in accordance with Section 53-7-223 and approval from their local licensing authority
175 in accordance with Section 11-3-3.5 ; and
176 (B) operators approved by the Division of Wildlife Resources or Department of
177 Agriculture and Food to discharge agricultural and wildlife fireworks.
178 (ii) Importers and wholesalers licensed under Section 53-7-224 may possess, sell, and
179 offer to sell class C dangerous explosives.
180 [(3)] (2) Unclassified fireworks may not be sold, or offered for sale.
181 Section 3. Section 53-7-225 is amended to read:
182 53-7-225. Times for sale and discharge of fireworks.

183 Class C common state approved explosives may be:
184 (1) sold each year:
185 (a) [after June 19 and before] beginning on June 26 and ending on July 26;
186 (b) [after December 19 and before January 3] beginning on December 26 and ending
187 on January 1; and
188 (c) [15] three days before and on the Chinese New Year; and
189 (2) discharged [three days before, on the day of, and three days following] each year:
190 [(a) July 4;]
191 [(b) July 24;]
192 (a) beginning on June 26 and ending on July 26;
193 [(c)] (b) January 1 and December 31; and
194 [(d)] (c) the day before and on the Chinese New Year.




Legislative Review Note
as of 10-21-10 10:59 AM

Office of Legislative Research and General Counsel