12-20 16:23 H.B. 59
1
Fireworks Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
2
3
LONG TITLE
4
Committee Note:
5
The Political Subdivisions Interim Committee recommended this bill.
6 Legislative Vote:9 voting for 0 voting against7 absent
7
General Description:
8
This bill amends provisions related to fireworks.
9
Highlighted Provisions:
10
This bill:
11
▸ replaces incorrect terms related to fireworks; and
12
▸ makes technical and conforming changes.
13
Money Appropriated in this Bill:
14
None
15
Other Special Clauses:
16
None
17
Utah Code Sections Affected:
18
AMENDS:
19
53-7-204, as last amended by Laws of Utah 2021, Chapter 237
20
53-7-225, as last amended by Laws of Utah 2024, Chapters 128, 438
21
53-7-225.1, as enacted by Laws of Utah 2018, Chapter 189
22
23
Be it enacted by the Legislature of the state of Utah:
24
Section 1. Section 53-7-204 is amended to read:
25
53-7-204 . Duties of Utah Fire Prevention Board -- Unified Code Analysis
26
Council -- Local administrative duties.
27
(1) The board shall:
28
(a) administer the state fire code as the standard in the state;
29
(b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3,
30
Utah Administrative Rulemaking Act:
31
(i) establishing standards for the prevention of fire and for the protection of life and H.B. 59 12-20 16:23
32
property against fire and panic in any:
33
(A) publicly owned building, including all public and private schools, colleges,
34
and university buildings;
35
(B) building or structure used or intended for use as an asylum, a mental hospital,
36
a hospital, a sanitarium, a home for the elderly, an assisted living facility, a
37
children's home or day care center, or any building or structure used for a
38
similar purpose; or
39
(C) place of assemblage where 50 or more persons may gather together in a
40
building, structure, tent, or room for the purpose of amusement, entertainment,
41
instruction, or education;
42
(ii) establishing safety and other requirements for placement and discharge of display
43
fireworks on the basis of:
44
(A) the state fire code; and
45
(B) relevant publications of the National Fire Protection Association;
46
(iii) establishing safety standards for retail storage, handling, and sale of [class C] a
47
division 1.4G common state approved [explosives] explosive;
48
(iv) defining methods to establish proof of competence to place and discharge display
49
fireworks, special effects fireworks, and flame effects;
50
(v) subject to Subsection (2), creating a uniform statewide policy regarding a state,
51
county, special district, and local government entity's safe seizure, storage, and
52
repurposing, destruction, or disposal of [a firework, class A explosive, or class B] a
53
division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or
54
division 1.4G explosive that:
55
(A) is illegal; or
56
(B) a person uses or handles in an illegal manner;
57
(vi) deputizing qualified persons to act as deputy fire marshals, and to secure special
58
services in emergencies;
59
(vii) implementing Section 15A-1-403;
60
(viii) establishing criteria for the certification of firefighters, pump operators,
61
instructors, fire officers, fire investigators, and rescue personnel not certified or
62
licensed under any other section of the Utah Code;
63
(ix) establishing criteria for training and safety equipment grants for fire departments
64
enrolled in firefighter certification;
65
(x) establishing ongoing training standards for hazardous materials emergency
- 2 - 12-20 16:23 H.B. 59
66
response agencies;
67
(xi) establishing criteria for the fire safety inspection of a food truck; and
68
(xii) establishing criteria for the accreditation and reaccreditation of fire service
69
training organizations;
70
(c) recommend to the commissioner a state fire marshal;
71
(d) develop policies under which the state fire marshal and the state fire marshal's
72
authorized representatives will perform;
73
(e) provide for the employment of field assistants and other salaried personnel as
74
required;
75
(f) prescribe the duties of the state fire marshal and the state fire marshal's authorized
76
representatives;
77
(g) provide technical expertise, advice, and support to Utah Valley University in the
78
establishment and operation of the fire and rescue training program described in
79
Section 53B-29-202;
80
(h) establish a statewide fire statistics program for the purpose of gathering fire data
81
from all political subdivisions of the state;
82
(i) coordinate the efforts of all people engaged in fire suppression in the state;
83
(j) work aggressively with the local political subdivisions to reduce fire losses;
84
(k) regulate the sale and servicing of portable fire extinguishers and automatic fire
85
suppression systems in the interest of safeguarding lives and property;
86
(l) establish a certification program for persons who inspect and test automatic fire
87
sprinkler systems;
88
(m) establish a certification program for persons who inspect and test fire alarm systems;
89
(n) establish a certification for persons who provide response services regarding
90
hazardous materials emergencies;
91
(o) in accordance with Sections 15A-1-403 and 68-3-14, submit a written report to the
92
Business and Labor Interim Committee; and
93
(p) jointly create the Unified Code Analysis Council with the Uniform Building Code
94
Commission in accordance with Section 15A-1-203.
95
(2)(a) In the rules that the board makes under Subsection (1)(b)(v), the board shall
96
include a provision prohibiting a state, county, special district, or local government
97
entity from disposing of an item described in Subsection (1)(b)(v) by means of open
98
burning, except under circumstances described in the rule.
99
(b) When making a rule under Subsection (1)(b)(v), the board shall:
- 3 - H.B. 59 12-20 16:23
100
(i) review and include applicable references to:
101
(A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and
102
(B) provisions of the International Fire Code; and
103
(ii) consider the appropriate role of the following in relation to the rule:
104
(A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
105
(B) a firework wholesaler or distributor.
106
(3) The board may incorporate in its rules by reference, in whole or in part:
107
(a) the state fire code; or
108
(b) subject to the state fire code, a nationally recognized and readily available standard
109
pertaining to the protection of life and property from fire, explosion, or panic.
110
(4) The following functions shall be administered locally by a city, county, or fire
111
protection district:
112
(a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and
113
19-2-114;
114
(b) creating a local board of appeals in accordance with the state fire code; and
115
(c) subject to the state fire code and the other provisions of this chapter, establishing,
116
modifying, or deleting fire flow and water supply requirements.
117
Section 2. Section 53-7-225 is amended to read:
118
53-7-225 . Times for sale and discharge of fireworks -- Criminal penalty --
119
Permissible closure of certain areas -- Maps and signage.
120
(1) Except as provided in Section 53-7-221, this section supersedes any other code
121
provision regarding the sale or discharge of fireworks.
122
(2)(a) Except as provided in Subsection (2)(b), a person may sell [class C] a division
123
1.4G common state approved [explosives] explosive in the state as follows:
124
(i) beginning on June 24 and ending on July 25;
125
(ii) beginning on December 29 and ending on December 31; and
126
(iii) two days before and on the Chinese New Year's eve.
127
(b) The restrictions in Subsection (2)(a) do not apply to:
128
(i) online sales to a person outside the state for use outside the state; or
129
(ii) sales to persons described in Subsection 53-7-222(1)(b)(i)(A).
130
(3) A person may not discharge [class C] a division 1.4G common state approved [
131
explosives] explosive in the state except as follows:
132
(a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
133
hours are 11 a.m. to midnight:
- 4 - 12-20 16:23 H.B. 59
134
(i) beginning on July 2 and ending on July 5; and
135
(ii) beginning on July 22 and ending on July 25;
136
(b)(i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following
137
day; or
138
(ii) if New Year's eve is on a Sunday and the county or municipality determines to
139
celebrate New Year's eve on the prior Saturday, then a person may discharge [
140
class C] a division 1.4G common state approved [explosives] explosive on that
141
prior Saturday within the county or municipality;
142
(c) between the hours of 11 a.m. and 11 p.m. on January 1; and
143
(d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
144
following day.
145
(4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the person
146
discharges a [class C] division 1.4G common state approved explosive:
147
(a) outside the legal discharge dates and times described in Subsection (3); or
148
(b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
149
(5)(a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, or the
150
state forester may not prohibit a person from discharging [class C] a division 1.4G
151
common state approved [explosives] explosive during the permitted periods
151a
described
152
in Subsection (3).
153
(b)(i) As used in this Subsection (5)(b), "negligent discharge":
154
(A) means the improper use and discharge of a [class C] division 1.4G common
155
state approved explosive; and
156
(B) does not include the date or location of discharge or the type of explosive used.
157
(ii) A municipality may prohibit:
158
(A) the discharge of [class C] a division 1.4G common state approved [explosives]
159
explosive in certain areas with hazardous environmental conditions, in
160
accordance with Subsection 15A-5-202.5(1)(b); or
161
(B) the negligent discharge of [class C] a division 1.4G common state approved [
162
explosives] explosive.
163
(iii) A county may prohibit the negligent discharge of [class C] a division 1.4G
164
common state approved [explosives] explosive.
165
(c) The state forester may prohibit the discharge of [class C] a division 1.4G common
166
state approved [explosives] explosive as provided in Subsection 15A-5-202.5(1)(b) or
- 5 - H.B. 59 12-20 16:23
167
Section 65A-8-212.
168
(6) If a municipal legislative body or the state forester provides a map to a county
169
identifying an area in which the discharge of fireworks is prohibited due to a historical
170
hazardous environmental condition under Subsection 15A-5-202.5(1)(b), the county
171
shall, before June 1 of that same year:
172
(a) create a county-wide map, based on each map the county has received, indicating
173
each area within the county in which fireworks are prohibited under Subsection
174
15A-5-202.5(1)(b);
175
(b) provide the map described in Subsection (6)(a) to:
176
(i) each retailer that sells fireworks within the county; and
177
(ii) the state fire marshal; and
178
(c) publish the map on the county's website.
179
(7) A retailer that sells fireworks shall display:
180
(a) a sign that:
181
(i) is clearly visible to the general public in a prominent location near the point of
182
sale;
183
(ii) indicates the legal discharge dates and times described in Subsection (3); and
184
(iii) indicates the criminal charge and fine associated with discharge:
185
(A) outside the legal dates and times described in Subsection (3); and
186
(B) within an area in which fireworks are prohibited under Subsection
187
15A-5-202.5(1)(b); and
188
(b) the map that the county provides, in accordance with Subsection (6)(b).
189
Section 3. Section 53-7-225.1 is amended to read:
190
53-7-225.1 . Civil liability.
191
(1)(a) An individual who negligently, recklessly, or intentionally causes or spreads a
192
fire through discharge of a [class C] division 1.4G explosive is liable for the cost of
193
suppressing that fire and any damages the fire causes.
194
(b) If the individual described in Subsection (1)(a) is a minor, the parent or legal
195
guardian having legal custody of the minor is liable for the costs and damages for
196
which the minor is liable under this section.
197
(c) A court may waive part or all of the parent or guardian's liability for damages under
198
Subsection (1)(b) if the court finds:
199
(i) good cause; and
200
(ii) that the parent or legal guardian:
- 6 - 12-20 16:23 H.B. 59
201
(A) made a reasonable effort to supervise and direct the minor; or
202
(B) in the event the parent or guardian knew in advance of the negligent, reckless,
203
or intentional conduct described in Subsection (1)(a), made a reasonable effort
204
to restrain the minor.
205
(2)(a) The conduct described in Subsection (1) includes any negligent, reckless, or
206
intentional conduct, regardless of whether:
207
(i) the person discharges a [class C] division 1.4G common state approved explosive:
208
(A) within the permitted time periods described in Subsection 53-7-225(3); or
209
(B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b)
210
or (c); or
211
(ii) the fire begins on:
212
(A) private land;
213
(B) land owned by the state or a political subdivision of the state;
214
(C) federal land; or
215
(D) tribal land.
216
(b) Discharging a [class C] division 1.4G explosive in an area in which fireworks are
217
prohibited due to hazardous environmental conditions, in accordance with Subsection
218
15A-5-202.5(1)(b), constitutes the negligent, reckless, or intentional conduct
219
described in Subsection (1).
220
(3) A person who incurs costs to suppress a fire described in Subsection (1) may bring an
221
action under this section to recover those costs against an individual described in
222
Subsection (1).
223
(4) A person who suffers damage from a fire described in Subsection (1) may:
224
(a) bring an action under this section for those damages against an individual described
225
in Subsection (1); and
226
(b) pursue all other legal remedies in addition to seeking damages under Subsection
227
(4)(a).
228
Section 4. Effective Date.
229
This bill takes effect on May 7, 2025.
- 7 -