01-13 14:42 S.B. 103 1 Fireworks Revisions 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Jen Plumb 2 3 LONG TITLE 4 General Description: 5 This bill makes changes related to the sale of fireworks. 6 Highlighted Provisions: 7 This bill: 8 ▸ prohibits the sale of fireworks in restricted discharge areas under certain circumstances. 9 Money Appropriated in this Bill: 10 None 11 Other Special Clauses: 12 None 13 Utah Code Sections Affected: 14 AMENDS: 15 53-7-225, as last amended by Laws of Utah 2024, Chapters 128, 438 16 17 Be it enacted by the Legislature of the state of Utah: 18 Section 1. Section 53-7-225 is amended to read: 19 53-7-225 . Times for sale and discharge of fireworks -- Criminal penalty -- 20 Permissible closure of certain areas -- Maps and signage. 21 (1) Except as provided in Section 53-7-221, this section supersedes any other code 22 provision regarding the sale or discharge of fireworks. 23 (2)(a) Except as provided in Subsection (2)(b) or (c), a person may sell class C common 24 state approved explosives in the state as follows: 25 (i) beginning on June 24 and ending on July 25; 26 (ii) beginning on December 29 and ending on December 31; and 27 (iii) two days before and on the Chinese New Year's eve. 28 (b) The restrictions in Subsection (2)(a) do not apply to: 29 (i) online sales to a person outside the state for use outside the state; or 30 (ii) sales to persons described in Subsection 53-7-222(1)(b)(i)(A). 31 (c)(i) As used in this Subsection (2)(c), "temporary fireworks stand" means a stand, S.B. 103 01-13 14:42 32 trailer, tent, or other non-permanent structure used for the sale of class C common 33 state approved explosives. 34 (ii) A municipality may prohibit the operation of a temporary fireworks stand in an 35 area where the discharge of class C common state approved explosives is 36 restricted if: 37 (A) the municipality's chief fire official recommends the prohibition; and 38 (B) the municipality's legislative body approves the prohibition. 39 (3) A person may not discharge class C common state approved explosives in the state 40 except as follows: 41 (a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the 42 hours are 11 a.m. to midnight: 43 (i) beginning on July 2 and ending on July 5; and 44 (ii) beginning on July 22 and ending on July 25; 45 (b)(i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following 46 day; or 47 (ii) if New Year's eve is on a Sunday and the county or municipality determines to 48 celebrate New Year's eve on the prior Saturday, then a person may discharge class 49 C common state approved explosives on that prior Saturday within the county or 50 municipality; 51 (c) between the hours of 11 a.m. and 11 p.m. on January 1; and 52 (d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the 53 following day. 54 (4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the person 55 discharges a class C common state approved explosive: 56 (a) outside the legal discharge dates and times described in Subsection (3); or 57 (b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b). 58 (5)(a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, or the 59 state forester may not prohibit a person from discharging class C common state 60 approved explosives during the permitted periods described in Subsection (3). 61 (b)(i) As used in this Subsection (5)(b), "negligent discharge": 62 (A) means the improper use and discharge of a class C common state approved 63 explosive; and 64 (B) does not include the date or location of discharge or the type of explosive used. 65 (ii) A municipality may prohibit: - 2 - 01-13 14:42 S.B. 103 66 (A) the discharge of class C common state approved explosives in certain areas 67 with hazardous environmental conditions, in accordance with Subsection 68 15A-5-202.5(1)(b); or 69 (B) the negligent discharge of class C common state approved explosives. 70 (iii) A county may prohibit the negligent discharge of class C common state approved 71 explosives. 72 (c) The state forester may prohibit the discharge of class C common state approved 73 explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212. 74 (6) If a municipal legislative body or the state forester provides a map to a county 75 identifying an area in which the discharge of fireworks is prohibited due to a historical 76 hazardous environmental condition under Subsection 15A-5-202.5(1)(b), the county 77 shall, before June 1 of that same year: 78 (a) create a county-wide map, based on each map the county has received, indicating 79 each area within the county in which fireworks are prohibited under Subsection 80 15A-5-202.5(1)(b); 81 (b) provide the map described in Subsection (6)(a) to: 82 (i) each retailer that sells fireworks within the county; and 83 (ii) the state fire marshal; and 84 (c) publish the map on the county's website. 85 (7) A retailer that sells fireworks shall display: 86 (a) a sign that: 87 (i) is clearly visible to the general public in a prominent location near the point of 88 sale; 89 (ii) indicates the legal discharge dates and times described in Subsection (3); and 90 (iii) indicates the criminal charge and fine associated with discharge: 91 (A) outside the legal dates and times described in Subsection (3); and 92 (B) within an area in which fireworks are prohibited under Subsection 93 15A-5-202.5(1)(b); and 94 (b) the map that the county provides, in accordance with Subsection (6)(b). 95 Section 2. Effective Date. 96 This bill takes effect on May 7, 2025. - 3 -