ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
COMMERCE COMMITTEE
DATE: February 6, 2023
SUBJECT: Strike everything amendment to S.B. 1188, relating to permissible consumer
fireworks
Purpose
Reduces the time period during which permissible consumer fireworks may be used to
between December 26 through January 3.
Background
The sale and use of consumer fireworks are of statewide concern and not subject to further
regulation, except that a city or town within corporate limits or a county within unincorporated
areas may: 1) prohibit the sale and use of consumer fireworks on all days, except on specified dates
and times that include between December 24 to January 3; 2) regulate, consistent with the
standards set by the National Fire Protection Association, the sale of consumer fireworks within
its corporate limits; and 3) prohibit the use of consumer fireworks within a one-mile radius of the
border of preservation lands owned by a city or town that has purchased more than 15,000 acres
of land for preservation purposes.
A county and city or town in a county with a population of less than 500,000 may prohibit
the sale and use of consumer fireworks if a federal or state agency implements a stage one or higher
fire restriction and on all days within a one-mile radius of specified areas. A county and city or
town in a county with a population of more than 500,000 persons may prohibit the use of consumer
fireworks on all days during a stage one or higher fire restriction within a one-mile radius of
specified areas (A.R.S. § 36-1606).
Statute specifies that 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).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Narrows the time period during which permissible consumer fireworks may be used from
between December 24 through January 3 to between December 26 through January 3.
2. Makes conforming changes.
3. Becomes effective on the general effective date.
PAULINE MAYUNDO
LEGISLATIVE RESEARCH INTERN
JASON THEODOROU
LEGISLATIVE RESEARCH ANALYST
COMMERCE COMMITTEE
Telephone: (602) 926-3171