Arizona 2022 2022 Regular Session

Arizona House Bill HB2255 Comm Sub / Analysis

Filed 03/23/2022

                    Assigned to APPROP 	AS PASSED BY COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
AMENDED 
FACT SHEET FOR H.B. 2255 
 
fireworks; permissible use; Diwali. 
Purpose 
Removes specified days before and during Diwali from the days that a city, town and 
county (governing body) may prohibit the sale and use of permissible consumer fireworks. 
Background 
The sale and use of permissible consumer fireworks are of statewide concern and not 
subject to further regulation, except that a local governing body in a county with a population of 
more than 500,000 may: 1) regulate, consistent with the standards set forth by the National Fire 
Protection Association, the sale of fireworks within its corporate limits; 2) prohibit the sale of 
fireworks on days other than April 25 through May 6, May 20 through July 6 and December 10 
through January 3; 3) prohibit the use of fireworks on days other than May 4 through May 6, June 
24 through July 6 and December 24 through January 3; and 4) prohibit on all days the use of 
fireworks within a one mile radius of the border of preservation lands (A.R.S. § 36-1606).  
Permissible consumer fireworks are the following types of fireworks as defined by the 
American Pyrotechnics Association (APA): 1) ground and handheld sparkling devices;  
2) cylindrical fountains; 3) cone fountains; 4) illuminating torches; 5) wheels; 6) ground spinners; 
7) flitter sparklers; 8) toy smoke devices; 9) wire sparklers or dipped sticks; and 10) multiple tube 
ground and handheld sparkling devices, cylindrical fountains, cone fountains and illuminating 
torches manufactured to the APA's standards (A.R.S. § 36-1601).   
While the date of Diwali changes every year, it typically falls between October and 
November (U.S. DOS). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Removes the following time periods from the days a governing body in a county with a 
population of more than 500,000 may prohibit:  
a) the sale of permissible consumer fireworks, two days before the first day of Diwali through 
the third day of Diwali each year; and  
b) the use of permissible consumer fireworks, the second and third days of Diwali each year. 
2. Prohibits a local governing body from regulating the use of permissible consumer fireworks if 
the fireworks are being used as part of a religious ceremony.   FACT SHEET – Amended  
H.B. 2255 
Page 2 
 
 
3. Includes, on additional sales signage that a governing body may require to be posted by the 
retail sales display of permissible consumer fireworks, the list of days that year relating to the 
time frame surrounding Diwali.  
4. Becomes effective on the general effective date.  
Amendments Adopted by Committee 
1. Prohibits a local governing body from regulating the use of permissible consumer fireworks if 
the fireworks are being used as part of a religious ceremony.  
2. Makes a conforming change. 
House Action  	Senate Action 
MAPS 1/31/22 DP 8-7-0-0 COM 3/3/22 W/D  
3
rd
 Read 2/17/22  32-26-2  APPROP 3/22/22 DPA 8-0-2 
Prepared by Senate Research 
March 23, 2022 
LMM/IJ/sr