Chief Sponsor: James A. Dunnigan

Senate Sponsor: Jani Iwamoto


8     Committee Note:
9          The Business and Labor Interim Committee recommended this bill.
10     General Description:
11          This bill amends provisions related to the permissible discharge of fireworks.
12     Highlighted Provisions:
13          This bill:
14          ▸     amends and clarifies the dates on which a person may legally discharge fireworks;
15          ▸     increases the criminal fine for discharging fireworks outside of permitted dates and
16     times;
17          ▸     clarifies when a municipality may prohibit a person from discharging fireworks;
18          ▸     increases the areas within which a municipality or the state forester may prohibit the
19     discharge of fireworks;
20          ▸     in certain situations, requires local governments and the state forester to create and
21     provide maps identifying areas in which fireworks are prohibited due to hazardous
22     environmental conditions;
23          ▸     requires retailers that sell fireworks to display:
24               •     maps a county provides indicating areas within the county in which fireworks
25     are prohibited due to hazardous environmental conditions; and
26               •     signs regarding permissible discharge dates and times and certain criminal
27     penalties;

28          ▸     prohibits the state forester from limiting or restricting the discharge of fireworks
29     within municipal boundaries;
30          ▸     imposes civil liability when certain fireworks discharge causes a fire; and
31          ▸     makes technical and conforming changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          10-8-47, as last amended by Laws of Utah 2012, Chapter 140
39          11-3-8, as last amended by Laws of Utah 1993, Chapter 234
40          15A-5-202.5, as last amended by Laws of Utah 2016, Chapter 216
41          53-7-221, as enacted by Laws of Utah 1993, Chapter 234
42          53-7-225, as last amended by Laws of Utah 2016, Chapter 216
43          65A-8-212, as last amended by Laws of Utah 2013, Chapter 307
44     ENACTS:
45          53-7-225.1, Utah Code Annotated 1953

47     Be it enacted by the Legislature of the state of Utah:
48          Section 1. Section 10-8-47 is amended to read:
49          10-8-47. Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit
50     larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses
51     and embezzlement -- Sale of liquor, narcotics, or tobacco to minors -- Possession of
52     controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
53          (1) A municipal legislative body may:
54          (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
55     bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
56     battery and petit larceny;
57          (b) [the municipal legislative body may] restrain riots, routs, noises, disturbances, or
58     disorderly assemblies in any street, house, or place in the city;

59          (c) [the municipal legislative body may] regulate and prevent the discharge of firearms,
60     rockets, powder, fireworks in accordance with Section 53-7-225, or any other dangerous or
61     combustible material;
62          (d) [the municipal legislative body may] provide against and prevent the offense of
63     obtaining money or property under false pretenses and the offense of embezzling money or
64     property in all cases where the money or property embezzled or obtained under false pretenses
65     does not exceed in value the sum of $500; and
66          (e) [may] prohibit the sale, giving away, or furnishing of narcotics, alcoholic beverages
67     to a person younger than 21 years of age, or tobacco to any person younger than 19 years of
68     age[; cities may,].
69          (2) A city may:
70          (a) by ordinance, prohibit the possession of controlled substances as defined in the
71     Utah Controlled Substances Act or any other endangering or impairing substance, provided the
72     conduct is not a class A misdemeanor or felony[,]; and
73          (b) provide for treatment of alcoholics, narcotic addicts, and other persons who are
74     addicted to the use of drugs or intoxicants such that a person substantially lacks the capacity to
75     control the person's use of the drugs or intoxicants, and judicial supervision may be imposed as
76     a means of effecting their rehabilitation.
77          Section 2. Section 11-3-8 is amended to read:
78          11-3-8. Conflicting local ordinances prohibited.
79          A county, city, [or] town, or metro township may not adopt an ordinance or regulation
80     in conflict with Sections 53-7-220 through 53-7-225.
81          Section 3. Section 15A-5-202.5 is amended to read:
82          15A-5-202.5. Amendments and additions to Chapters 3 and 4 of IFC.
83          (1) For IFC, Chapter 3, General Requirements:
84          (a) IFC, Chapter 3, Section 304.1.2, Vegetation, is amended as follows: Delete line six
85     and replace it with: "the Utah Administrative Code, R652-122-200, Minimum Standards for
86     Wildland Fire Ordinance".
87          (b) IFC, Chapter 3, Section 310.8, Hazardous and Environmental Conditions, is deleted
88     and rewritten as follows: "1. When the fire code official determines that existing or historical
89     hazardous environmental conditions necessitate controlled use of any ignition source, including

90     fireworks, lighters, matches, sky lanterns, and smoking materials, any of the following may
91     occur:
92          [1] 1.1. If the existing or historical hazardous environmental conditions exist in a
93     municipality, the legislative body of the municipality may prohibit the ignition or use of an
94     ignition source in:
95          1.1.1. mountainous, brush-covered, [or] forest-covered, or dry grass-covered areas [or];
96          1.1.2. within 200 feet of waterways, trails, canyons, washes, ravines, or similar areas;
97          1.1.3. the wildland urban interface area, which means the line, area, or zone where
98     structures or other human development meet or intermingle with undeveloped wildland or land
99     being used for an agricultural purpose[.]; or
100          1.1.4. a limited area outside the hazardous areas described in this paragraph 1.1 to
101     facilitate a readily identifiable closed area, in accordance with paragraph 2.
102          [2] 1.2. [Except as provided in paragraph 3, if the] If the existing or historical
103     hazardous environmental conditions exist in an unincorporated area, the state forester may
104     prohibit the ignition or use of an ignition source in all or part of the areas described in
105     paragraph [1] 1.1 that are within the unincorporated area, after consulting with the county fire
106     code official who has jurisdiction over that area.
107          [3] 1.3. If the existing or historical hazardous environmental conditions exist in a metro
108     township created under Title 10, Chapter 2a, Part 4, Incorporation of Metro Townships and
109     Unincorporated Islands in a County of the First Class[,] on and after May 12, 2015, the metro
110     township legislative body may prohibit the ignition or use of an ignition source in all or part of
111     the areas described in paragraph [1] 1.1 that are within the township.["]
112          2. If a municipal legislative body, the state forester, or a metro township legislative
113     body closes an area to the discharge of fireworks under paragraph 1, the legislative body or
114     state forester shall:
115          2.1. designate the closed area along readily identifiable features like major roadways,
116     waterways, or geographic features;
117          2.2. ensure that the boundary of the designated closed area is as close as is practical to
118     the defined hazardous area, provided that the closed area may include areas outside of the
119     hazardous area to facilitate a readily identifiable line; and
120          2.3. identify the closed area through a written description or map that is readily

121     available to the public.
122          3. A municipal legislative body, the state forester, or a metro township legislative body
123     may close a defined area to the discharge of fireworks due to a historical hazardous
124     environmental condition under paragraph 1 if the legislative body or state forester:
125          3.1. makes a finding that the historical hazardous environmental condition has existed
126     in the defined area before July 1 of at least two of the preceding five years;
127          3.2. produces a map indicating the boundaries, in accordance with paragraph 2, of the
128     defined area described; and
129          3.3. before May 1 of each year the defined area is closed, provides the map described
130     in paragraph 3.2 to the county in which the defined area is located.
131          4. A municipal legislative body, the state forester, or a metro township legislative body
132     may not close an area to the discharge of fireworks due to a historical hazardous environmental
133     condition unless the legislative body or state forester provides a map, in accordance with
134     paragraph 3."
135          (c) IFC, Chapter 3, Section 311.1.1, Abandoned Premises, is amended as follows: On
136     line 10 delete the words "International Property Maintenance Code and the".
137          (d) IFC, Chapter 3, Section 311.5, Placards, is amended as follows: On line three delete
138     the word "shall" and replace it with the word "may".
139          (e) IFC, Chapter 3, Section 315.2.1, Ceiling Clearance, is amended to add the
140     following: "Exception: Where storage is not directly below the sprinkler heads, storage is
141     allowed to be placed to the ceiling on wall-mounted shelves that are protected by fire sprinkler
142     heads in occupancies meeting classification as light or ordinary hazard."
143          (2) IFC, Chapter 4, Emergency Planning and Preparedness:
144          (a) IFC, Chapter 4, Section 403.10.2.1, College and university buildings, is deleted and
145     replaced with the following:
146          "403.10.2.1 College and university buildings and fraternity and sorority houses.
147          (a) College and university buildings, including fraternity and sorority houses, shall
148     prepare an approved fire safety and evacuation plan, in accordance with Section 404.
149          (b) Group R-2 college and university buildings, including fraternity and sorority
150     houses, shall comply with Sections 403. and 403."
151          (b) IFC, Chapter 4, Section 405.2, Table 405.2, is amended to add the following

152     footnotes:
153          (i) "e. Secondary schools in Group E occupancies shall have an emergency evacuation
154     drill for fire conducted at least every two months, to a total of four emergency evacuation drills
155     during the nine-month school year. The first emergency evacuation drill for fire shall be
156     conducted within 10 school days after the beginning of classes. The third emergency
157     evacuation drill for fire, weather permitting, shall be conducted 10 school days after the
158     beginning of the next calendar year. The second and fourth emergency evacuation drills may
159     be substituted by a security or safety drill to include shelter in place, earthquake drill, or lock
160     down for violence. If inclement weather causes a secondary school to miss the 10-day deadline
161     for the third emergency evacuation drill for fire, the secondary school shall perform the third
162     emergency evacuation drill for fire as soon as practicable after the missed deadline."
163          (ii) "f. In Group E occupancies, excluding secondary schools, if the AHJ approves, the
164     monthly required emergency evacuation drill can be substituted by a security or safety drill to
165     include shelter in place, earthquake drill, or lock down for violence. The routine emergency
166     evacuation drill for fire must by conducted at least every other evacuation drill."
167          (iii) "g. A-3 occupancies in academic buildings of institutions of higher learning are
168     required to have one emergency evacuation drill per year, provided the following conditions are
169     met:
170          (A) The building has a fire alarm system in accordance with Section 907.2.
171          (B) The rooms classified as assembly shall have fire safety floor plans as required in
172     Subsection 404.2.2(4) posted.
173          (C) The building is not classified a high-rise building.
174          (D) The building does not contain hazardous materials over the allowable quantities by
175     code."
176          Section 4. Section 53-7-221 is amended to read:
177          53-7-221. Exceptions from Utah Fireworks Act.
178          (1) Sections 53-7-220 through 53-7-225 do not apply to class A, class B, and class C
179     explosives that are not for use in Utah, but are manufactured, stored, warehoused, or in transit
180     for destinations outside of Utah.
181          (2) Sections 53-7-220 through 53-7-225 do not supersede Section 23-13-7, regarding
182     use of fireworks and explosives by the Division of Wildlife Resources and federal game agents.

183          (3) Section 53-7-225 does not supersede Section 65A-8-212 regarding the authority of
184     the state forester to close hazardous areas.
185          Section 5. Section 53-7-225 is amended to read:
186          53-7-225. Times for sale and discharge of fireworks -- Criminal penalty --
187     Permissible closure of certain areas -- Maps and signage.
188          (1) [This] Except as provided in Section 53-7-221, this section [supercedes] supersedes
189     any other code provision regarding the sale or discharge of fireworks.
190          (2) A person may sell class C common state approved explosives in the state as
191     follows:
192          (a) beginning on June [23] 24 and ending on July [27] 25;
193          (b) beginning on December 29 and ending on December 31; and
194          (c) two days before and on the Chinese New Year's eve.
195          (3) [Except as provided in Subsection (5), a county or municipality may not prohibit
196     any person from discharging] A person may not discharge class C common state approved
197     explosives in the state except as follows:
198          (a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
199     hours are 11 a.m. to midnight:
200          (i) beginning on July [1] 2 and ending on July [7] 5; and
201          (ii) beginning on July [21] 22 and ending on July [27] 25;
202          (b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;
203     or
204          (ii) if New Year's eve is on a Sunday and the [local governmental jurisdiction] county,
205     municipality, or metro township determines to celebrate New Year's eve on the prior Saturday,
206     then [it is lawful to discharge Class] a person may discharge class C common state approved
207     explosives on that prior Saturday within the county, municipality, or metro township; and
208          (c) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
209     following day.
210          (4) A person [who violates the time restrictions stated in Subsection (3)(a), (b), or (c)]
211     is guilty of an infraction[.], punishable by a fine of up to $1,000, if the person discharges a
212     class C common state approved explosive:
213          (a) outside the legal discharge dates and times described in Subsection (3); or

214          (b) in an area in which fireworks are prohibited under Subsection 15A-5- 202.5(1)(b).
215          (5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro
216     township, or the state forester may not prohibit a person from discharging class C common
217     state approved explosives during the permitted periods described in Subsection (3).
218          (b) (i) As used in this Subsection (5)(b), "negligent discharge":
219          (A) means the improper use and discharge of a class C common state approved
220     explosive; and
221          (B) does not include the date or location of discharge or the type of explosive used.
222          [(5)] (ii) A [county or] municipality or metro township may prohibit [any person from
223     discharging]:
224          (A) the discharge of class C common state approved explosives[: (a) as provided] in
225     certain areas with hazardous environmental conditions, in accordance with Subsection
226     15A-5-202.5(1)(b); or
227          [(b) in accordance with a municipal ordinance prohibiting]
228          (B) the negligent discharge of class C common state approved explosives.
229          (iii) A county may prohibit the negligent discharge of class C common state approved
230     explosives.
231          (c) The state forester may prohibit the discharge of class C common state approved
232     explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.
233          (6) If a municipal legislative body, the state forester, or a metro township legislative
234     body provides a map to a county identifying an area in which the discharge of fireworks is
235     prohibited due to a historical hazardous environmental condition under Subsection
236     15A-5-202.5(1)(b), the county shall, before June 1 of that same year:
237          (a) create a county-wide map, based on each map the county has received, indicating
238     each area within the county in which fireworks are prohibited under Subsection
239     15A-5-202.5(1)(b);
240          (b) provide the map described in Subsection (6)(a) to:
241          (i) each retailer that sells fireworks within the county; and
242          (ii) the state fire marshal; and
243          (c) publish the map on the county's website.
244          (7) A retailer that sells fireworks shall display:

245          (a) a sign that:
246          (i) is clearly visible to the general public in a prominent location near the point of sale;
247          (ii) indicates the legal discharge dates and times described in Subsection (3); and
248          (iii) indicates the criminal charge and fine associated with discharge:
249          (A) outside the legal dates and times described in Subsection (3); and
250          (B) within an area in which fireworks are prohibited under Subsection
251     15A-5-202.5(1)(b); and
252          (b) the map that the county provides, in accordance with Subsection (6)(b).
253          Section 6. Section 53-7-225.1 is enacted to read:
254          53-7-225.1. Civil liability.
255          (1) (a) An individual who negligently, recklessly, or intentionally causes or spreads a
256     fire through discharge of a class C explosive is liable for the cost of suppressing that fire and
257     any damages the fire causes.
258          (b) If the individual described in Subsection (1)(a) is a minor, the parent or legal
259     guardian having legal custody of the minor is liable for the costs and damages for which the
260     minor is liable under this section.
261          (c) A court may waive part or all of the parent or guardian's liability for damages under
262     Subsection (1)(b) if the court finds:
263          (i) good cause; and
264          (ii) that the parent or legal guardian:
265          (A) made a reasonable effort to supervise and direct the minor; or
266          (B) in the event the parent or guardian knew in advance of the negligent, reckless, or
267     intentional conduct described in Subsection (1)(a), made a reasonable effort to restrain the
268     minor.
269          (2) (a) The conduct described in Subsection (1) includes any negligent, reckless, or
270     intentional conduct, regardless of whether:
271          (i) the person discharges a class C common state approved explosive:
272          (A) within the permitted time periods described in Subsection 53-7-225(3); or
273          (B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or
274     (c); or
275          (ii) the fire begins on:

276          (A) private land;
277          (B) land owned by the state or a political subdivision of the state;
278          (C) federal land; or
279          (D) tribal land.
280          (b) Discharging a class C explosive in an area in which fireworks are prohibited due to
281     hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b),
282     constitutes the negligent, reckless, or intentional conduct described in Subsection (1).
283          (3) A person who incurs costs to suppress a fire described in Subsection (1) may bring
284     an action under this section to recover those costs against an individual described in Subsection
285     (1).
286          (4) A person who suffers damage from a fire described in Subsection (1) may:
287          (a) bring an action under this section for those damages against an individual described
288     in Subsection (1); and
289          (b) pursue all other legal remedies in addition to seeking damages under Subsection
290     (4)(a).
291          Section 7. Section 65A-8-212 is amended to read:
292          65A-8-212. Power of state forester to close hazardous areas -- Violations of an
293     order closing an area.
294          (1) (a) If the state forester finds conditions in a given area in the state to be extremely
295     hazardous, "extremely hazardous" means categorized as "extreme" under a nationally
296     recognized standard for rating fire danger, he shall close those areas to any forms of use by the
297     public, or to limit that use, except as provided in Subsection (5).
298          (b) The closure shall include, for the period of time the state forester considers
299     necessary, the prohibition of open fires, and may include restrictions and prohibitions on:
300          (i) smoking;
301          (ii) the use of vehicles or equipment;
302          (iii) welding, cutting, or grinding of metals;
303          (iv) subject to Subsection (5), fireworks;
304          (v) explosives; or
305          (vi) the use of firearms for target shooting.
306          (c) Any restriction or closure relating to firearms use:

307          (i) shall be done with support of the duly elected county sheriff of the affected county
308     or counties;
309          (ii) shall undergo a formal review by the State Forester and County Sheriff every 14
310     days; and
311          (iii) may not prohibit a person from legally possessing a firearm or lawfully
312     participating in a hunt.
313          (d) The State Forester and County Sheriff shall:
314          (i) agree to the terms of any restriction or closure relating to firearms use;
315          (ii) reduce the agreement to writing;
316          (iii) sign the agreement indicating approval of its terms and duration; and
317          (iv) complete the steps in Subsections (1)(d)(i) through (d)(iii) at each 14 day review
318     and at termination of the restriction or closure.
319          (2) Nothing in this chapter prohibits any resident within the area from full and free
320     access to his home or property, or any legitimate use by the owner or lessee of the property.
321          (3) The order or proclamation closing or limiting the use in the area shall set forth:
322          (a) the exact area coming under the order;
323          (b) the date when the order becomes effective; and
324          (c) if advisable, the authority from whom permits for entry into the area may be
325     obtained.
326          (4) Any entry into or use of any area in violation of this section is a class B
327     misdemeanor.
328          (5) The state forester may not restrict or prohibit the discharge of fireworks within the
329     municipal boundaries of a city, town, or metro township.

Legislative Review Note
Office of Legislative Research and General Counsel