Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                          H.B. 333
Approved for Filing: R.H. Rees 6                               st
                                                                      1 Sub. (Buff)
         6 02-01-24 9:48 AM 6
                        Senator Lincoln Fillmore proposes the following substitute bill:
                              FIREWORKS MODIFICATIONS
                                      2024 GENERAL SESSION
                                          STATE OF UTAH
                              Chief Sponsor: James A. Dunnigan
                                Senate Sponsor: Curtis S. Bramble
 6
 LONG TITLE
 General Description:
       This bill modifies provisions related to fireworks.
 Highlighted Provisions:
       This bill:
       < modifies the classification of explosives;
       < provides that fire districts may issue permits to discharge fireworks;
       < adds another day on which fireworks may be discharged; and
       < makes technical changes.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       None
 Utah Code Sections Affected:                                                          1 stSub. H.B. 333
 AMENDS:
       11-3-3.5, as last amended by Laws of Utah 2010, Chapter 61
       15A-5-303, as enacted by Laws of Utah 2011, Chapter 14
       53-7-202, as last amended by Laws of Utah 2015, Chapter 448
       53-7-221, as last amended by Laws of Utah 2023, Chapter 34
     *HB0333S01*
       1st Sub. (Buff) H.B. 333                                                       02-01-24 9:48 AM
           53-7-222, as last amended by Laws of Utah 2011, Chapter 13 and last amended by
 Coordination Clause, Laws of Utah 2011, Chapter 13
           53-7-225, as last amended by Laws of Utah 2023, Chapter 341
           53-7-226, as last amended by Laws of Utah 2007, Chapter 322
           76-10-306, as last amended by Laws of Utah 2010, Chapter 61
31
 Be it enacted by the Legislature of the state of Utah:
           Section 1. Section 11-3-3.5 is amended to read:
           11-3-3.5. Licensing of retail sellers of fireworks -- Permit required -- Fee,
 insurance, or bond.
           (1) (a) A municipality or county may require a retail seller to obtain a license and pay a
 reasonable fee before selling [class C] a division 1.4G common state-approved [explosives]
 explosive, as defined in Section 53-7-202, within the jurisdiction of that municipality or
 county.
           (b) A municipality or county may not restrict the number of licenses to be issued under
 this section.
           (2) (a) A municipality [or], county, or fire district shall require:
           (i) a permit to discharge all display fireworks, special effects, and flame effects
 performances; and
           (ii) evidence that the display operator, special effects operator, or flame effects operator
 who will set up and discharge the display has received a license from the State Fire Marshal
 Division, Department of Public Safety.
           (b) A municipality [or], county, or fire district may require a fee, insurance, or a bond
 before issuing a permit under this Subsection (2).
           Section 2. Section 15A-5-303 is amended to read:
           15A-5-303. Amendments and additions to NFPA related to manufacture,
 transportation, storage, and retail sales of fireworks.
           (1) For purposes of this section and subject to Subsection (2), the Utah Fire Prevention
 Board shall adopt standards by rule for the retail sales of consumer fireworks, and in doing so,
 shall consider the applicable provisions of the 2013 edition of NFPA 1124, Chapter 7, Retail
 Sales of Consumer Fireworks.
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       02-01-24 9:48 AM                                                    1st Sub. (Buff) H.B. 333
         (2) NFPA 1124 Manufacture, Transportation, Storage, and Retail Sales of Fireworks
 and Pyrotechnic Articles:
         (a) In NFPA 1124, Chapter 7, Section 7.2, Special Limits for Retail Sales of Consumer
 Fireworks, Subsection 7.2.8 is added as follows: "Display of [Class C] division 1.4G common
 state approved explosives inside of buildings protected throughout with an automatic fire
 sprinkler system shall not exceed 25% of the area of the retail sales floor or exceed 600 square
 feet, whichever is less."
         (b) In NFPA 1124, Chapter 7, Section 7.2, Special Limits for Retail Sales of Consumer
 Fireworks, Subsection 7.2.9 is added as follows: "Rack storage of [Class C] division 1.4G
 common state approved explosives inside of buildings is prohibited."
         (c) NFPA 1124, Chapter 7, Section 7.3.1, Exempt Amounts, Subsection 7.3.1.1, is
 deleted and rewritten as follows: "Display of [Class C] division 1.4G common state approved
 explosives inside of buildings not protected with an automatic fire sprinkler system shall not
 exceed 125 pounds of pyrotechnic composition."
         (d) NFPA 1124, Chapter 7, Section 7.3.15.2, Height of Sales Displays, Subsection
 7.3.15.2.2, is amended as follows: On line three delete "12 ft. (3.66m)" and replace it with "6
 ft.".
         Section 3. Section 53-7-202 is amended to read:
         53-7-202. Definitions.
         As used in this part:
         (1) "Agricultural and wildlife fireworks" means a [class C] division 1.4G dangerous
 explosive that:
         (a) uses sound or light when deployed; and
         (b) is designated to prevent crop damage or unwanted animals from entering a
 specified area.
         [(2) "Class A explosive" means a division 1.1 or 1.2 explosive as defined by the United
 States Department of Transportation in Part 173, Title 49, Code of Federal Regulations.]
         [(3) "Class B explosive" means a division 1.2 or 1.3G explosive as defined by the
 United States Department of Transportation in Part 173, Title 49, Code of Federal
 Regulations.]
         [(4) "Class C explosive" means a division 1.4G explosive as defined by the United
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        1st Sub. (Buff) H.B. 333                                                  02-01-24 9:48 AM
 States Department of Transportation in Part 173, Title 49, Code of Federal Regulations.]
        [(5) "Class C common state approved explosive" means a firework that:]
        [(a) is purchased at retail for use by a consumer; and]
        [(b) is not a Class C dangerous explosive.]
        [(6) (a) "Class C dangerous explosive" means a class C explosive that is:]
        [(i) a firecracker, cannon cracker, ground salute, M-80, cherry bomb, or other similar
 explosive;]
        [(ii) (A) a skyrocket;]
        [(B) a missile type rocket;]
        [(C) a single shot, or reloadable aerial shell; or]
        [(D) a rocket similar to one described in Subsections (6)(a)(ii)(A) through (C),
 including an aerial salute, a flash shell, a comet, a mine, or a cake containing more than 500
 grams of pyrotechnic composition; or]
        [(iii) (A) a bottle rocket;]
        [(B) a roman candle;]
        [(C) a rocket mounted on a wire or stick; or]
        [(D) a device containing a rocket described in this Subsection (6)(a)(iii).]
        [(b) A "class C dangerous explosive" does not mean exempt explosives.]
        [(7)] (2) "Commercial cooking appliance fire suppression system":
        (a) means an automatic or manual fire protection system designed for commercial
 cooking appliances, exhaust hoods, and ducts; and
        (b) includes a commercial kitchen exhaust system attached to a fire suppression system
 that is designed to remove smoke, soot, toxic gases, and grease-laden vapor resulting from
 cooking operations.
        [(8)] (3) (a) "Display fireworks" means large firework devices that consist of explosive
 materials that are intended for use in outdoor aerial fireworks displays to produce visible or
 audible effects by combustion, deflagration, or detonation.
        (b) "Display fireworks" includes aerial shells, salutes, roman candles, flash shells,
 comets, mines, and other similar explosives.
        [(9)] (4) (a) "Display operator" means a person licensed under Section 53-7-223 and
 who is responsible for site selection, setting up, permits, overseeing assistants and support
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        02-01-24 9:48 AM                                                       1st Sub. (Buff) H.B. 333
 personnel, and discharging display fireworks outdoors in situations where the audience
 maintains a specific distance separating it from the display fireworks being discharged.
           (b) "Display operator" does not mean a fire department.
           (5) "Division 1.4G common state approved explosive" means a firework that:
           (a) is purchased at retail for use by a consumer; and
           (b) is not a division 1.4G dangerous explosive.
           (6) (a) "Division 1.4G dangerous explosive" means a division 1.4G explosive that is:
           (i) a firecracker, cannon cracker, ground salute, M-80, cherry bomb, or other similar
 explosive;
           (ii) (A) a skyrocket;
           (B) a missile type rocket;
           (C) a single shot or reloadable aerial shell; or
           (D) a rocket similar to an item described in Subsection (6)(a)(ii)(A), (B), or (C),
 including an aerial salute, a flash shell, a comet, a mine, or a cake containing more than 500
 grams of pyrotechnic composition; or
           (iii) (A) a bottle rocket;
           (B) a roman candle;
           (C) a rocket mounted on a wire or stick; or
           (D) a device containing a rocket described in this Subsection (6)(a)(iii).
           (b) "Division 1.4G dangerous explosive" does not mean an exempt explosive.
           (7) "Division 1.1G explosive" means an explosive described in 49 C.F.R. Sec. 173.50
 (b)(1).
           (8) "Division 1.2G explosive" means an explosive described in 49 C.F.R. Sec. 173.50
 (b)(2).
           (9) "Division 1.3G explosive" means an explosive described in 49 C.F.R. Sec.
 173.50(b)(3).
           (10) "Division 1.4G explosive" means an explosive described in 49 C.F.R. Sec. 173.50
 (b)(4).
           [(10)] (11) "Exempt explosive" means a model rocket, toy pistol cap, emergency signal
 flare, snake or glow worm, party popper, trick noisemaker, match, and wire sparkler under 12
 inches in length.
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        1st Sub. (Buff) H.B. 333                                                   02-01-24 9:48 AM
         [(11)] (12) "Fire executive" means a fire chief, deputy fire chief, or other active
 member of a fire department or fire district who has been appointed by the elected officials of a
 municipality or county, by a fire district board, or by an established procedure within a
 volunteer fire service organization, to officially represent a fire department.
         [(12)] (13) "Fire extinguisher" means a portable or stationary device that discharges
 water, foam, gas, or other material to extinguish a fire.
         [(13)] (14) "Fire suppression system" means an automatic fire protection system that
 automatically detects fire and discharges a fire extinguishing agent onto or in the area of the
 fire.
         [(14)] (15) (a) "Fireworks" means:
         (i) [class C explosives] a division 1.4G explosive;
         (ii) [class C dangerous explosives] a division 1.4G dangerous explosive; and
         (iii) [class C] a division 1.4G common state approved [explosives] explosive.
         (b) "Fireworks" does not mean:
         (i) an exempt [explosives] explosive; or;
         (ii) [class A explosives; or] a division 1.1G explosive, a division 1.12 explosive, or a
 division 1.3G explosive.
         [(iii) class B explosives.]
         [(15)] (16) "Flame effects" means the combustion of flammable solids, liquids, or
 gases to produce thermal, physical, visual, or audible phenomena before an audience.
         [(16)] (17) (a) "Flame effects operator" means a person licensed under Section
 53-7-223 who, regarding flame effects, is responsible for:
         (i) storage, setup, operations, teardown, devices, equipment, overseeing assistants and
 support personnel, and preventing accidental discharge; and
         (ii) completion of the sequence of control system functions that release the fuel for
 ignition to cause combustion and create the flame effects.
         (b) (i) "Flame effects operator" does not include a person who participates in a
 meeting, as limited under Subsection (16)(b)(ii), with other persons solely to receive training,
 to practice, or provide instruction regarding flame effects performance.
         (ii) A meeting under Subsection (16)(b)(i) may include a nonpaying and unsolicited
 audience of not more than 25 persons.
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        02-01-24 9:48 AM                                                      1st Sub. (Buff) H.B. 333
        [(17)] (18) "Importer" means a person who brings [class B or class C] division 1.2G
 explosives, division 1.3G explosives, or division 1.4G explosives into [Utah] the state for the
 general purpose of:
        (a) resale or use within the state; or
        (b) exportation to other states.
        [(18)] (19) (a) "Pyrotechnic" means any composition or device manufactured or used to
 produce a visible or audible effect by combustion, deflagration, or detonation.
        (b) "Pyrotechnic" does not mean exempt explosives.
        [(19)] (20) "Retail seller" means a person who sells [class C] division 1.4G common
 state approved explosives to the public during the period authorized under Section 53-7-225.
        [(20)] (21) "Service" means the inspection, maintenance, repair, modification, testing,
 or cleaning of an automatic fire suppression system.
        [(21)] (22) "Special effects" means a visual or audible effect caused by chemical
 mixtures that produce a controlled, self-sustaining, and self-controlled exothermic chemical
 reaction that results in heat, gas, sound, or light and may also create an illusion.
        [(22)] (23) "Special effects operator" means a person licensed under Section 53-7-223
 who is responsible for setting up, permits, overseeing assistants and support personnel,
 analyzing potential hazards, setting clearances, and discharging pyrotechnic devices, either
 indoor or outdoor, where the audience is allowed to be in closer proximity to the pyrotechnic
 devices than the audience separation distance generally required for display fireworks.
        [(23)] (24) "Trick noisemaker" includes a:
        (a) tube or sphere containing pyrotechnic composition that produces a white or colored
 smoke as its primary effect when ignited; and
        (b) device that produces a small report intended to surprise the user, including a:
        (i) "booby trap," which is a small tube with a string protruding from both ends that
 ignites the friction sensitive composition in the tube when the string is pulled;
        (ii) "snapper," which is a small paper-wrapped device containing a minute quantity of
 explosive composition coated on bits of sand that explodes producing a small report;
        (iii) "trick match," which is a kitchen or book match coated with a small quantity of
 explosive or pyrotechnic composition that produces a small shower of sparks when ignited;
        (iv) "cigarette load," which is a small wooden peg coated with a small quantity of
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        1st Sub. (Buff) H.B. 333                                                    02-01-24 9:48 AM
 explosive composition that produces a small report when ignited; and
         (v) "auto burglar alarm," which is a tube that:
         (A) contains pyrotechnic composition that produces a loud whistle and smoke when
 ignited;
         (B) may contain a small quantity of explosive to produce a small explosive noise; and
         (C) is ignited by a squib.
         [(24)] (25) "Unclassified fireworks" means:
         (a) a pyrotechnic device that is used, given away, or offered for sale, that has not been
 tested, approved, and classified by the United States Department of Transportation;
         (b) an approved device that has been altered or redesigned since obtaining approval by
 the United States Department of Transportation; and
         (c) a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler
 before receiving approval by the United States Department of Transportation.
         [(25)] (26) "Wholesaler" means:
         (a) a person who sells [class C] division 1.4G common state approved explosives to a
 retailer; or
         (b) a person who sells [class B explosives or class C dangerous] division 1.2G
 explosives, division 1.3G explosives, or division 1.4G explosives for display use.
         Section 4. Section 53-7-221 is amended to read:
         53-7-221. Exceptions from Utah Fireworks Act.
         (1) Sections 53-7-220 through 53-7-225 do not apply to [class A, class B, and class C
 explosives that are] a division 1.1G explosive, a division 1.2G explosive, a division 1.3G
 explosive, or a division 1.4G explosive that is not for use in [Utah] the state, but [are] is
 manufactured, stored, warehoused, or in transit for destinations outside of [Utah] the state.