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• 2024 General Session
• H.B. 567

H.B. 567 Fire Regulation Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Brooks, Walt

Floor Sponsor: Sen. Hinkins, David P.

• Drafting Attorney: Patricia Owen
• Fiscal Analyst: Lacey K. Moore

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• Bill Text
  • Introduced
  • Enrolled

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1

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• Information
  • Last Action: 12 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Air Quality
  • Environment
  • Construction and Fire Codes
  • Fire Control
  • Rulemaking Procedures

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Enrolled

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H.B. 567

3 19-2-114

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FIRE REGULATION AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Walt Brooks Senate Sponsor: David P. Hinkins

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LONG TITLE

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General Description:

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This bill addresses government authority over fire.

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Highlighted Provisions:

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This bill:

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▸defines terms;

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▸prohibits under certain circumstances the Air Quality Board or Division of Air Quality

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from prohibiting burns;

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▸addresses rulemaking authority; and

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▸makes technical changes.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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19-2-114, as last amended by Laws of Utah 2015, Chapter 154

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 19-2-114 is amended to read:

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19-2-114. Activities not in violation of chapter or rules.

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(1) As used in this section, "attainment area" means an area that meets the national primary

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and secondary ambient air quality standard for pollution.

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(2) The following are not a violation of this chapter or of a rule made under it this chapter:

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(1) (a) burning incident to horticultural or agricultural operations of:

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(a) (i) prunings from trees, bushes, and plants; or

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(b) (ii) dead or diseased trees, bushes, and plants, including stubble;

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(2) (b) burning of weed growth along ditch banks incident to clearing these ditches for

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irrigation purposes;

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(3) (c) controlled heating of orchards or other crops to lessen the chances of their being

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frozen so long as the emissions from this heating do not violate minimum standards

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set by the board; and

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(4) (d) the controlled burning of not more than two structures per year by an organized

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and operating fire department for the purpose of training fire service personnel when

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the United States Weather Service clearing index for the area where the burn is to

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occur is above 500.

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(3) (a) The board or division may not prohibit a burn during the time period beginning

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November 1 and ending March 31 if the burn:

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(i) occurs in an attainment area;

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(ii) occurs on private property within an incorporated portion of a county;

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(iii) occurs when the United States Weather Service clearing index for the area in

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which the burn is to occur is above 250;

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(iv) is the open burning of clippings, bushes, plants, prunings from trees, or dead or

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diseased trees, bushes, and plants, that are:

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(A) incident to property and residential clean-up activities; and

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(B) thoroughly dry;

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(v) does not include trash, rubbish, tires, or oil in the material to be burned, used to

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start the burn, or used to keep a fire burning; and

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(vi) does not create a nuisance as defined in Section 76-10-803.

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(b) Notwithstanding Subsection (3)(a), the board by rule, made in accordance with Title

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63G, Chapter 3, Utah Administrative Rulemaking Act, may establish the process for

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issuing a burn permit under this chapter.

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Section 2. Effective date. This bill takes effect on May 1, 2024.