LEGISLATIVE GENERAL COUNSEL H.B. 536
6 Approved for Filing: J. Rogers 6 st
1 Sub. (Buff)
6 02-13-24 5:46 PM 6
Representative Matt MacPherson proposes the following substitute bill:
1 FIREWORKS REVISIONS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Matt MacPherson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill concerns the sale of fireworks.
10 Highlighted Provisions:
11 This bill:
12 < amends requirements related to sales of certain explosives; and
13 < makes technical and conforming changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 53-7-225, as last amended by Laws of Utah 2023, Chapter 341 1 stSub. H.B. 536
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53-7-225 is amended to read:
24 53-7-225. Times for sale and discharge of fireworks -- Criminal penalty --
25 Permissible closure of certain areas -- Maps and signage.
*HB0536S01*
1st Sub. (Buff) H.B. 536 02-13-24 5:46 PM
26 (1) Except as provided in Section 53-7-221, this section supersedes any other code
27 provision regarding the sale or discharge of fireworks.
28 (2) (a) [A] Except as provided in Subsection (2)(b), a person may sell class C common
29 state approved explosives in the state as follows:
30 [(a)] (i) beginning on June 24 and ending on July 25;
31 [(b)] (ii) beginning on December 29 and ending on December 31; and
32 [(c)] (iii) two days before and on the Chinese New Year's eve.
33 (b) The restrictions in Subsection (2)(a) do not apply to online sales.
34 (3) A person may not discharge class C common state approved explosives in the state
35 except as follows:
36 (a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
37 hours are 11 a.m. to midnight:
38 (i) beginning on July 2 and ending on July 5; and
39 (ii) beginning on July 22 and ending on July 25;
40 (b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;
41 or
42 (ii) if New Year's eve is on a Sunday and the county, municipality, or metro township
43 determines to celebrate New Year's eve on the prior Saturday, then a person may discharge
44 class C common state approved explosives on that prior Saturday within the county,
45 municipality, or metro township;
46 (c) between the hours of 11 a.m. and 11 p.m. on January 1; and
47 (d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
48 following day.
49 (4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the
50 person discharges a class C common state approved explosive:
51 (a) outside the legal discharge dates and times described in Subsection (3); or
52 (b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
53 (5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro
54 township, or the state forester may not prohibit a person from discharging class C common
55 state approved explosives during the permitted periods described in Subsection (3).
56 (b) (i) As used in this Subsection (5)(b), "negligent discharge":
-2-
02-13-24 5:46 PM 1st Sub. (Buff) H.B. 536
57 (A) means the improper use and discharge of a class C common state approved
58 explosive; and
59 (B) does not include the date or location of discharge or the type of explosive used.
60 (ii) A municipality or metro township may prohibit:
61 (A) the discharge of class C common state approved explosives in certain areas with
62 hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b); or
63 (B) the negligent discharge of class C common state approved explosives.
64 (iii) A county may prohibit the negligent discharge of class C common state approved
65 explosives.
66 (c) The state forester may prohibit the discharge of class C common state approved
67 explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.
68 (6) If a municipal legislative body, the state forester, or a metro township legislative
69 body provides a map to a county identifying an area in which the discharge of fireworks is
70 prohibited due to a historical hazardous environmental condition under Subsection
71 15A-5-202.5(1)(b), the county shall, before June 1 of that same year:
72 (a) create a county-wide map, based on each map the county has received, indicating
73 each area within the county in which fireworks are prohibited under Subsection
74 15A-5-202.5(1)(b);
75 (b) provide the map described in Subsection (6)(a) to:
76 (i) each retailer that sells fireworks within the county; and
77 (ii) the state fire marshal; and
78 (c) publish the map on the county's website.
79 (7) A retailer that sells fireworks shall display:
80 (a) a sign that:
81 (i) is clearly visible to the general public in a prominent location near the point of sale;
82 (ii) indicates the legal discharge dates and times described in Subsection (3); and
83 (iii) indicates the criminal charge and fine associated with discharge:
84 (A) outside the legal dates and times described in Subsection (3); and
85 (B) within an area in which fireworks are prohibited under Subsection
86 15A-5-202.5(1)(b); and
87 (b) the map that the county provides, in accordance with Subsection (6)(b).
-3-
1st Sub. (Buff) H.B. 536 02-13-24 5:46 PM
88 Section 2. Effective date.
89 This bill takes effect on May 1, 2024.
-4-
Statutes affected: Introduced: 53-7-203, 53-7-225
H.B. 536 1st Substitute (Not Adopted) Text: 53-7-225