SB 1188
Initials PRB Page 1 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: COM DPA/SE 6-0-1-0 | 3
rd
Read 21-8-1-0
SB 1188: regulation; permissible consumer fireworks
Sponsor: Senator Mesnard, LD 13
Committee on Commerce
Overview
Changes the days in which a local governing body may prohibit the use of permissible consumer
fireworks.
History
Current statute provides a state preemption on the regulation of the sale and use of permissible
consumer fireworks. However, permits a local governing body, to a certain extent based on county
population, to regulate and prohibit the sale and use of permissible consumer fireworks.
Specifically, a local governing body, regardless of county population, may: 1) prohibit the use of
permissible consumer fireworks on days other than June 24 through July 6 and December 24
through January 3; and 2) prohibit on all days the use of fireworks within a one-mile radius of the
border of preservation lands. A local governing body in a county with a population of more than
500,000 may prohibit the use of permissible consumer fireworks except during the second and
third days of Diwali of each year.
The dates on the use of permissible consumer fireworks, along with permissible fireworks and
age requirements to buy fireworks, must be outlined and posted by retailers selling consumer
fireworks (A.R.S. § 36-1606).
Diwali, also known as new moon day, is a five day-long festival that is observed on the 15th day
of the 8th month on India's calendar. While the date of Diwali changes every year, it typically falls
between October and November.
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).
Provisions
1. Modifies the time frame in which a local governing body cannot prohibit the use of permissible
consumer fireworks from between December 24 through January 3 to between December 26
through January 4. (Sec. 1)
2. Makes a technical and conforming change. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note