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7 LONG TITLE
8 General Description:
9 This bill makes changes related to the sale and use of fireworks.
10 Highlighted Provisions:
11 This bill:
12 ▸ makes changes to the membership of the Utah Fire Prevention Board;
13 ▸ amends requirements related to sales of certain explosives;
14 ▸ makes changes to the approved discharge dates of certain explosives; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53-7-203, as last amended by Laws of Utah 2016, Chapter 186
23 53-7-225, as last amended by Laws of Utah 2023, Chapter 341
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53-7-203 is amended to read:
27 53-7-203. Utah Fire Prevention Board -- Creation -- Members -- Terms --
28 Selection of chair and officers -- Quorum -- Meetings -- Compensation -- Division's duty
29 to implement board rules.
30 (1) There is created within the division the Utah Fire Prevention Board.
31 (2) The board shall be nonpartisan and be composed of [
32 the governor as follows:
33 (a) a licensed architect;
34 (b) a licensed engineer;
35 (c) a member of the Utah State Firemen's Association;
36 (d) the state forester or the state forester's designee;
37 (e) a member of the Utah State Fire Chiefs Association;
38 (f) a member of the Utah Fire Marshal's Association;
39 (g) a building inspector;
40 (h) a citizen appointed at large;
41 (i) a fire executive appointed from a full-time fire department in a county of the first
42 class;
43 (j) a fire executive appointed from a full-time fire department in a county of the second
44 class; [
45 (k) a fire executive appointed from a fire department in a county of the third, fourth,
46 fifth, or sixth class[
47 (l) a display operator; and
48 (m) a retail seller who is licensed under Section 11-3-3.5.
49 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
50 expire, the governor shall appoint each new member or reappointed member to a four-year
51 term.
52 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
53 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
54 board members are staggered so that approximately half of the board is appointed every two
55 years.
56 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
57 appointed for the unexpired term.
58 (5) A member whose term has expired may continue to serve until a replacement is
59 appointed pursuant to Subsection (3).
60 (6) The board shall select from [
61 the board finds necessary.
62 (7) A majority of the members of the board is a quorum.
63 (8) The board shall hold regular semiannual meetings for the transaction of [
64 board's business at a time and place to be fixed by the board and shall hold other meetings as
65 necessary for proper transaction of business.
66 (9) A member may not receive compensation or benefits for the member's service, but
67 may receive per diem and travel expenses in accordance with:
68 (a) Section 63A-3-106;
69 (b) Section 63A-3-107; and
70 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
71 63A-3-107.
72 (10) The division shall implement rules made by the board under Section 53-7-503 and
73 perform all other duties delegated by the board.
74 Section 2. Section 53-7-225 is amended to read:
75 53-7-225. Times for sale and discharge of fireworks -- Criminal penalty --
76 Permissible closure of certain areas -- Maps and signage.
77 (1) Except as provided in Section 53-7-221, this section supersedes any other code
78 provision regarding the sale or discharge of fireworks.
79 (2) (a) [
80 state approved explosives in the state [
81 [
82 (A) the first Saturday after July 24, if July 24 is not a Saturday; or
83 (B) July 25, if July 24 is a Saturday.
84 [
85 [
86 (b) The restrictions in Subsection (2)(a) do not apply to online sales.
87 (3) A person may not discharge class C common state approved explosives in the state
88 except as follows:
89 (a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
90 hours are 11 a.m. to midnight:
91 (i) beginning on [
92 (A) the first Saturday after July 4, if July 4 is not a Saturday; or
93 (B) July 5, if July 4 is a Saturday;
94 (ii) beginning on [
95 (A) the first Saturday after July 24, if July 24 is not a Saturday; or
96 (B) July 25, if July 24 is a Saturday.
97 (b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;
98 or
99 (ii) if New Year's eve is on a Sunday and the county, municipality, or metro township
100 determines to celebrate New Year's eve on the prior Saturday, then a person may discharge
101 class C common state approved explosives on that prior Saturday within the county,
102 municipality, or metro township;
103 (c) between the hours of 11 a.m. and 11 p.m. on January 1; and
104 (d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
105 following day.
106 (4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the
107 person discharges a class C common state approved explosive:
108 (a) outside the legal discharge dates and times described in Subsection (3); or
109 (b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
110 (5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro
111 township, or the state forester may not prohibit a person from discharging class C common
112 state approved explosives during the permitted periods described in Subsection (3).
113 (b) (i) As used in this Subsection (5)(b), "negligent discharge":
114 (A) means the improper use and discharge of a class C common state approved
115 explosive; and
116 (B) does not include the date or location of discharge or the type of explosive used.
117 (ii) A municipality or metro township may prohibit:
118 (A) the discharge of class C common state approved explosives in certain areas with
119 hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b); or
120 (B) the negligent discharge of class C common state approved explosives.
121 (iii) A county may prohibit the negligent discharge of class C common state approved
122 explosives.
123 (c) The state forester may prohibit the discharge of class C common state approved
124 explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.
125 (6) If a municipal legislative body, the state forester, or a metro township legislative
126 body provides a map to a county identifying an area in which the discharge of fireworks is
127 prohibited due to a historical hazardous environmental condition under Subsection
128 15A-5-202.5(1)(b), the county shall, before June 1 of that same year:
129 (a) create a county-wide map, based on each map the county has received, indicating
130 each area within the county in which fireworks are prohibited under Subsection
131 15A-5-202.5(1)(b);
132 (b) provide the map described in Subsection (6)(a) to:
133 (i) each retailer that sells fireworks within the county; and
134 (ii) the state fire marshal; and
135 (c) publish the map on the county's website.
136 (7) A retailer that sells fireworks shall display:
137 (a) a sign that:
138 (i) is clearly visible to the general public in a prominent location near the point of sale;
139 (ii) indicates the legal discharge dates and times described in Subsection (3); and
140 (iii) indicates the criminal charge and fine associated with discharge:
141 (A) outside the legal dates and times described in Subsection (3); and
142 (B) within an area in which fireworks are prohibited under Subsection
143 15A-5-202.5(1)(b); and
144 (b) the map that the county provides, in accordance with Subsection (6)(b).
145 Section 3. Effective date.
146 This bill takes effect on May 1, 2024.