Enrolled Copy H.B. 59
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Fireworks Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: Luz Escamilla
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LONG TITLE
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General Description:
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This bill amends provisions related to fireworks.
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Highlighted Provisions:
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This bill:
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▸ replaces incorrect terms related to fireworks; and
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▸ makes technical and conforming 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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11-3-10, as last amended by Laws of Utah 2023, Chapter 34
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53-7-204, as last amended by Laws of Utah 2021, Chapter 237
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53-7-225, as last amended by Laws of Utah 2024, Chapters 128, 438
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53-7-225.1, as enacted by Laws of Utah 2018, Chapter 189
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 11-3-10 is amended to read:
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11-3-10 . Exemptions -- Limitation on chapter.
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(1) This chapter does not apply to[ class A, class B, and class C explosives that are] a
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division 1.1G explosive, a division 1.2G explosive, a division 1.3G explosive, or a
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division 1.4G explosive that is not for use in [Utah] the state, but [are] is manufactured,
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stored, warehoused, or in transit for destinations outside of [Utah] the state.
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(2) This chapter does not supersede Section 23A-2-208, regarding use of fireworks and H.B. 59 Enrolled Copy
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explosives by the Division of Wildlife Resources and federal game agents.
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(3) Provided that the display operators are properly licensed as required by Section 53-7-223,
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municipalities and counties for the unincorporated areas within the county may conduct,
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permit, or regulate:
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(a) exhibitions of display fireworks; or
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(b) pyrotechnic displays held inside public buildings.
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Section 2. Section 53-7-204 is amended to read:
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53-7-204 . Duties of Utah Fire Prevention Board -- Unified Code Analysis
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Council -- Local administrative duties.
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(1) The board shall:
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(a) administer the state fire code as the standard in the state;
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(b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act:
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(i) establishing standards for the prevention of fire and for the protection of life and
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property against fire and panic in any:
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(A) publicly owned building, including all public and private schools, colleges,
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and university buildings;
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(B) building or structure used or intended for use as an asylum, a mental hospital,
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a hospital, a sanitarium, a home for the elderly, an assisted living facility, a
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children's home or day care center, or any building or structure used for a
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similar purpose; or
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(C) place of assemblage where 50 or more persons may gather together in a
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building, structure, tent, or room for the purpose of amusement, entertainment,
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instruction, or education;
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(ii) establishing safety and other requirements for placement and discharge of display
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fireworks on the basis of:
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(A) the state fire code; and
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(B) relevant publications of the National Fire Protection Association;
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(iii) establishing safety standards for retail storage, handling, and sale of [class C] a
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division 1.4G common state approved [explosives] explosive;
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(iv) defining methods to establish proof of competence to place and discharge display
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fireworks, special effects fireworks, and flame effects;
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(v) subject to Subsection (2), creating a uniform statewide policy regarding a state,
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county, special district, and local government entity's safe seizure, storage, and
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repurposing, destruction, or disposal of [a firework, class A explosive, or class B] a
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division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or
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division 1.4G explosive that:
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(A) is illegal; or
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(B) a person uses or handles in an illegal manner;
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(vi) deputizing qualified persons to act as deputy fire marshals, and to secure special
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services in emergencies;
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(vii) implementing Section 15A-1-403;
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(viii) establishing criteria for the certification of firefighters, pump operators,
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instructors, fire officers, fire investigators, and rescue personnel not certified or
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licensed under any other section of the Utah Code;
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(ix) establishing criteria for training and safety equipment grants for fire departments
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enrolled in firefighter certification;
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(x) establishing ongoing training standards for hazardous materials emergency
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response agencies;
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(xi) establishing criteria for the fire safety inspection of a food truck; and
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(xii) establishing criteria for the accreditation and reaccreditation of fire service
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training organizations;
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(c) recommend to the commissioner a state fire marshal;
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(d) develop policies under which the state fire marshal and the state fire marshal's
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authorized representatives will perform;
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(e) provide for the employment of field assistants and other salaried personnel as
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required;
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(f) prescribe the duties of the state fire marshal and the state fire marshal's authorized
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representatives;
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(g) provide technical expertise, advice, and support to Utah Valley University in the
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establishment and operation of the fire and rescue training program described in
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Section 53B-29-202;
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(h) establish a statewide fire statistics program for the purpose of gathering fire data
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from all political subdivisions of the state;
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(i) coordinate the efforts of all people engaged in fire suppression in the state;
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(j) work aggressively with the local political subdivisions to reduce fire losses;
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(k) regulate the sale and servicing of portable fire extinguishers and automatic fire
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suppression systems in the interest of safeguarding lives and property;
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(l) establish a certification program for persons who inspect and test automatic fire
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sprinkler systems;
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(m) establish a certification program for persons who inspect and test fire alarm systems;
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(n) establish a certification for persons who provide response services regarding
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hazardous materials emergencies;
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(o) in accordance with Sections 15A-1-403 and 68-3-14, submit a written report to the
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Business and Labor Interim Committee; and
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(p) jointly create the Unified Code Analysis Council with the Uniform Building Code
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Commission in accordance with Section 15A-1-203.
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(2)(a) In the rules that the board makes under Subsection (1)(b)(v), the board shall
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include a provision prohibiting a state, county, special district, or local government
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entity from disposing of an item described in Subsection (1)(b)(v) by means of open
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burning, except under circumstances described in the rule.
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(b) When making a rule under Subsection (1)(b)(v), the board shall:
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(i) review and include applicable references to:
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(A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and
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(B) provisions of the International Fire Code; and
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(ii) consider the appropriate role of the following in relation to the rule:
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(A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
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(B) a firework wholesaler or distributor.
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(3) The board may incorporate in its rules by reference, in whole or in part:
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(a) the state fire code; or
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(b) subject to the state fire code, a nationally recognized and readily available standard
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pertaining to the protection of life and property from fire, explosion, or panic.
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(4) The following functions shall be administered locally by a city, county, or fire
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protection district:
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(a) issuing permits, including open burning permits pursuant to Sections 11-7-1 and
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19-2-114;
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(b) creating a local board of appeals in accordance with the state fire code; and
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(c) subject to the state fire code and the other provisions of this chapter, establishing,
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modifying, or deleting fire flow and water supply requirements.
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Section 3. Section 53-7-225 is amended to read:
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53-7-225 . Times for sale and discharge of fireworks -- Criminal penalty --
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Permissible closure of certain areas -- Maps and signage.
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(1) Except as provided in Section 53-7-221, this section supersedes any other code
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provision regarding the sale or discharge of fireworks.
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(2)(a) Except as provided in Subsection (2)(b), a person may sell [class C] a division 1.4G
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common state approved [explosives] explosive in the state as follows:
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(i) beginning on June 24 and ending on July 25;
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(ii) beginning on December 29 and ending on December 31; and
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(iii) two days before and on the Chinese New Year's eve.
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(b) The restrictions in Subsection (2)(a) do not apply to:
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(i) online sales to a person outside the state for use outside the state; or
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(ii) sales to persons described in Subsection 53-7-222(1)(b)(i)(A).
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(3) A person may not discharge [class C] a division 1.4G common state approved [
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explosives] explosive in the state except as follows:
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(a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
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hours are 11 a.m. to midnight:
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(i) beginning on July 2 and ending on July 5; and
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(ii) beginning on July 22 and ending on July 25;
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(b)(i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following
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day; or
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(ii) if New Year's eve is on a Sunday and the county or municipality determines to
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celebrate New Year's eve on the prior Saturday, then a person may discharge [
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class C] a division 1.4G common state approved [explosives] explosive on that
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prior Saturday within the county or municipality;
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(c) between the hours of 11 a.m. and 11 p.m. on January 1; and
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(d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
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following day.
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(4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the person
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discharges a [class C] division 1.4G common state approved explosive:
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(a) outside the legal discharge dates and times described in Subsection (3); or
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(b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
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(5)(a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, or the
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state forester may not prohibit a person from discharging [class C] a division 1.4G
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common state approved [explosives] explosive during the permitted periods described
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in Subsection (3).
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(b)(i) As used in this Subsection (5)(b), "negligent discharge":
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(A) means the improper use and discharge of a [class C] division 1.4G common
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state approved explosive; and
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(B) does not include the date or location of discharge or the type of explosive used.
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(ii) A municipality may prohibit:
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(A) the discharge of [class C] a division 1.4G common state approved [explosives]
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explosive in certain areas with hazardous environmental conditions, in
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accordance with Subsection 15A-5-202.5(1)(b); or
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(B) the negligent discharge of [class C] a division 1.4G common state approved [
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explosives] explosive.
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(iii) A county may prohibit the negligent discharge of [class C] a division 1.4G
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common state approved [explosives] explosive.
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(c) The state forester may prohibit the discharge of [class C] a division 1.4G common
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state approved [explosives] explosive as provided in Subsection 15A-5-202.5(1)(b) or
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Section 65A-8-212.
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(6) If a municipal legislative body or the state forester provides a map to a county
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identifying an area in which the discharge of fireworks is prohibited due to a historical
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hazardous environmental condition under Subsection 15A-5-202.5(1)(b), the county
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shall, before June 1 of that same year:
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(a) create a county-wide map, based on each map the county has received, indicating
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each area within the county in which fireworks are prohibited under Subsection
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15A-5-202.5(1)(b);
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(b) provide the map described in Subsection (6)(a) to:
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(i) each retailer that sells fireworks within the county; and
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(ii) the state fire marshal; and
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(c) publish the map on the county's website.
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(7) A retailer that sells fireworks shall display:
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(a) a sign that:
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(i) is clearly visible to the general public in a prominent location near the point of
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sale;
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(ii) indicates the legal discharge dates and times described in Subsection (3); and
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(iii) indicates the criminal charge and fine associated with discharge:
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(A) outside the legal dates and times described in Subsection (3); and
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(B) within an area in which fireworks are prohibited under Subsection
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15A-5-202.5(1)(b); and
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(b) the map that the county provides, in accordance with Subsection (6)(b).
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Section 4. Section 53-7-225.1 is amended to read:
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53-7-225.1 . Civil liability.
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(1)(a) An individual who negligently, recklessly, or intentionally causes or spreads a fire
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through discharge of a [class C] division 1.4G explosive is liable for the cost of
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suppressing that fire and any damages the fire causes.
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(b) If the individual described in Subsection (1)(a) is a minor, the parent or legal
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guardian having legal custody of the minor is liable for the costs and damages for
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which the minor is liable under this section.
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(c) A court may waive part or all of the parent or guardian's liability for damages under
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Subsection (1)(b) if the court finds:
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(i) good cause; and
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(ii) that the parent or legal guardian:
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(A) made a reasonable effort to supervise and direct the minor; or
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(B) in the event the parent or guardian knew in advance of the negligent, reckless,
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or intentional conduct described in Subsection (1)(a), made a reasonable effort
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to restrain the minor.
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(2)(a) The conduct described in Subsection (1) includes any negligent, reckless, or
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intentional conduct, regardless of whether:
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(i) the person discharges a [class C] division 1.4G common state approved explosive:
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(A) within the permitted time periods described in Subsection 53-7-225(3); or
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(B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b)
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or (c); or
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(ii) the fire begins on:
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(A) private land;
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(B) land owned by the state or a political subdivision of the state;
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(C) federal land; or
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(D) tribal land.
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(b) Discharging a [class C] division 1.4G explosive in an area in which fireworks are
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prohibited due to hazardous environmental conditions, in accordance with Subsection
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15A-5-202.5(1)(b), constitutes the negligent, reckless, or intentional conduct
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described in Subsection (1).
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(3) A person who incurs costs to suppress a fire described in Subsection (1) may bring an
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action under this section to recover those costs against an individual described in
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Subsection (1).
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(4) A person who suffers damage from a fire described in Subsection (1) may:
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(a) bring an action under this section for those damages against an individual described
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in Subsection (1); and
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(b) pursue all other legal remedies in addition to seeking damages under Subsection
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(4)(a).
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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