01-23 10:38 1st Sub. (Green) S.B. 103
Jen Plumb proposes the following substitute bill:
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Fireworks Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
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LONG TITLE
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General Description:
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This bill makes changes related to the sale of fireworks.
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Highlighted Provisions:
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This bill:
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▸ prohibits the sale of fireworks in restricted discharge areas under certain circumstances;
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and
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▸ replaces incorrect terms related to fireworks.
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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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53-7-225, as last amended by Laws of Utah 2024, Chapters 128, 438
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Be it enacted by the Legislature of the state of Utah:
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Section 1. 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) or (c), a person may sell [class C] a
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division 1.4G 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: 1st Sub. (Green) S.B. 103 01-23 10:38
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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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(c)(i) As used in this Subsection (2)(c), "temporary fireworks stand" means a stand,
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trailer, tent, or other non-permanent structure used for the sale of a division 1.4G
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common state approved explosive.
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(ii) A municipality may prohibit the operation of a temporary fireworks stand in an
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area where the municipality has prohibited the discharge of a division 1.4G
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common state approved explosive under Subsection (5)(b)(ii)(A), if:
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(A) the municipality's chief fire official recommends the prohibition; and
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(B) the municipality's legislative body approves the prohibition.
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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 2. Effective Date.
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This bill takes effect on May 7, 2025.
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