Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 38 (2018GS)

Sponsor

Rep. Dunnigan, J.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends and clarifies the dates on which a person may legally discharge fireworks;
• increases the criminal fine for discharging fireworks outside of permitted dates and times;
• clarifies when a municipality may prohibit a person from discharging fireworks;
• increases the areas within which a municipality or the state forester may prohibit the discharge of fireworks;
• in certain situations, requires local governments and the state forester to create and provide maps identifying areas in which fireworks are prohibited due to hazardous environmental conditions;
• requires retailers that sell fireworks to display:
• maps a county provides indicating areas within the county in which fireworks are prohibited due to hazardous environmental conditions; and
• signs regarding permissible discharge dates and times and certain criminal penalties;
• prohibits the state forester from limiting or restricting the discharge of fireworks within municipal boundaries;
• imposes civil liability when certain fireworks discharge causes a fire; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

FIREWORKS RESTRICTIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
Jani Iwamoto
LONG TITLE
Committee Note:
The Business and Labor Interim Committee recommended this bill.
General Description:
This bill amends provisions related to the permissible discharge of fireworks.
Highlighted Provisions:
This bill:
▸ amends and clarifies the dates on which a person may legally discharge fireworks;
▸ increases the criminal fine for discharging fireworks outside of permitted dates and
times;
▸ clarifies when a municipality may prohibit a person from discharging fireworks;
▸ increases the areas within which a municipality or the state forester may prohibit the
discharge of fireworks;
▸ in certain situations, requires local governments and the state forester to create and
provide maps identifying areas in which fireworks are prohibited due to hazardous
environmental conditions;
 ▸ 
requires retailers that sell fireworks to display:
• maps a county provides indicating areas within the county in which fireworks
are prohibited due to hazardous environmental conditions; and
• signs regarding permissible discharge dates and times and certain criminal
penalties;
▸ prohibits the state forester from limiting or restricting the discharge of fireworks
within municipal boundaries;
▸ imposes civil liability when certain fireworks discharge causes a fire; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-8-47
, as last amended by Laws of Utah 2012, Chapter 140
11-3-8
, as last amended by Laws of Utah 1993, Chapter 234
15A-5-202.5
, as last amended by Laws of Utah 2016, Chapter 216
53-7-221
, as enacted by Laws of Utah 1993, Chapter 234
53-7-225
, as last amended by Laws of Utah 2016, Chapter 216
65A-8-212
, as last amended by Laws of Utah 2013, Chapter 307
ENACTS:
53-7-225.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-47
 is amended to read:
10-8-47.
Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit
larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses
and embezzlement -- Sale of liquor, narcotics, or tobacco to minors -- Possession of
controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
(1)
 A municipal legislative body may
:
(a)
 prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
battery and petit larceny;
(b)
 [
the municipal legislative body may
] restrain riots, routs, noises, disturbances
,
 or
disorderly assemblies in any street, house
,
 or place in the city;
(c)
 [
the municipal legislative body may
] regulate and prevent the discharge of firearms,
rockets, powder, fireworks 
in accordance with Section 
53-7-225
,
 or any other dangerous or
combustible material;
(d)
 [
the municipal legislative body may
] provide against and prevent the offense of
obtaining money or property under false pretenses and the offense of embezzling money or
property in all cases where the money or property embezzled or obtained under false pretenses
does not exceed in value the sum of $500
;
 and
(e)
 [
may
] prohibit the sale, giving away, or furnishing of narcotics, alcoholic beverages
to a person younger than 21 years of age, or tobacco to any person younger than 19 years of
age[
; cities may,
]
.
(2) A city may:
(a)
 by ordinance, prohibit the possession of controlled substances as defined in the
Utah Controlled Substances Act or any other endangering or impairing substance, provided the
conduct is not a class A misdemeanor or felony[
,
]
;
 and
(b)
 provide for treatment of alcoholics, narcotic addicts
,
 and other persons who are
addicted to the use of drugs or intoxicants such that a person substantially lacks the capacity to
control the person's use of the drugs or intoxicants, and judicial supervision may be imposed as
a means of effecting their rehabilitation.
Section 2. Section 
11-3-8
 is amended to read:
11-3-8.
Conflicting local ordinances prohibited.
A county, city, [
or
] town
, or metro township
 may not adopt an ordinance or regulation
in conflict with Sections 
53-7-220
 through 
53-7-225
.
Section 3. Section 
15A-5-202.5
 is amended to read:
15A-5-202.5.
Amendments and additions to Chapters 3 and 4 of IFC.
(1) For IFC, Chapter 3, General Requirements:
(a) IFC, Chapter 3, Section 304.1.2, Vegetation, is amended as follows: Delete line six
and replace it with: "the Utah Administrative Code, R652-122-200, Minimum Standards for
Wildland Fire Ordinance".
(b) IFC, Chapter 3, Section 310.8, Hazardous and Environmental Conditions, is deleted
and rewritten as follows: "
1.
 When the fire code official determines that 
existing or historical
hazardous environmental conditions necessitate controlled use of any ignition source, including
fireworks, lighters, matches, sky lanterns, and smoking materials, any of the following may
occur:
[
] 
1.1
. If the 
existing or historical
 hazardous environmental conditions exist in a
municipality, the legislative body of the municipality may prohibit the ignition or use of an
ignition source in
:
1.1.1.
 mountainous, brush-covered, [
or
] forest-covered
, or dry grass-covered
 areas [
or
]
;
1.1.2. within 200 feet of waterways, trails, canyons, washes, ravines, or similar areas;
1.1.3.
 the wildland urban interface area, which means the line, area, or zone where
structures or other human development meet or intermingle with undeveloped wildland or land
being used for an agricultural purpose[
.
]
; or
1.1.4. a limited area outside the hazardous areas described in this paragraph 1.1 to
facilitate a readily identifiable closed area, in accordance with paragraph 2.
[
] 
1.2
. [
Except as provided in paragraph 3, if the
] 
If the existing or historical
hazardous environmental conditions exist in an unincorporated area, the state forester may
prohibit the ignition or use of an ignition source in all or part of the areas described in
paragraph [
] 
1.1
 that are within the unincorporated area, after consulting with the county fire
code official who has jurisdiction over that area.
[
] 
1.3
. If the 
existing or historical
 hazardous environmental conditions exist in a metro
township created under Title 10, Chapter 2a, Part 4, Incorporation of Metro Townships and
Unincorporated Islands in a County of the First Class[
,
] on and after May 12, 2015, the metro
township legislative body may prohibit the ignition or use of an ignition source in all or part of
the areas described in paragraph [
] 
1.1
 that are within the township.[
"
]
2. If a municipal legislative body, the state forester, or a metro township legislative
body closes an area to the discharge of fireworks under paragraph 1, the legislative body or
state forester shall:
2.1. designate the closed area along readily identifiable features like major roadways,
waterways, or geographic features;
2.2. ensure that the boundary of the designated closed area is as close as is practical to
the defined hazardous area, provided that the closed area may include areas outside of the
hazardous area to facilitate a readily identifiable line; and
2.3. identify the closed area through a written description or map that is readily
available to the public.
3. A municipal legislative body, the state forester, or a metro township legislative body
may close a defined area to the discharge of fireworks due to a historical hazardous
environmental condition under paragraph 1 if the legislative body or state forester:
3.1. makes a finding that the historical hazardous environmental condition has existed
in the defined area before July 1 of at least two of the preceding five years;
3.2. produces a map indicating the boundaries, in accordance with paragraph 2, of the
defined area described; and
3.3. before May 1 of each year the defined area is closed, provides the map described
in paragraph 3.2 to the county in which the defined area is located.
4. A municipal legislative body, the state forester, or a metro township legislative body
may not close an area to the discharge of fireworks due to a historical hazardous environmental
condition unless the legislative body or state forester provides a map, in accordance with
paragraph 3."
(c) IFC, Chapter 3, Section 311.1.1, Abandoned Premises, is amended as follows: On
line 10 delete the words "International Property Maintenance Code and the".
(d) IFC, Chapter 3, Section 311.5, Placards, is amended as follows: On line three delete
the word "shall" and replace it with the word "may".
(e) IFC, Chapter 3, Section 315.2.1, Ceiling Clearance, is amended to add the
following: "Exception: Where storage is not directly below the sprinkler heads, storage is
allowed to be placed to the ceiling on wall-mounted shelves that are protected by fire sprinkler
heads in occupancies meeting classification as light or ordinary hazard."
(2) IFC, Chapter 4, Emergency Planning and Preparedness:
(a) IFC, Chapter 4, Section 403.10.2.1, College and university buildings, is deleted and
replaced with the following:
"403.10.2.1 College and university buildings and fraternity and sorority houses.
(a) College and university buildings, including fraternity and sorority houses, shall
prepare an approved fire safety and evacuation plan, in accordance with Section 404.
(b) Group R-2 college and university buildings, including fraternity and sorority
houses, shall comply with Sections 403.10.2.1.1 and 403.10.2.1.2."
(b) IFC, Chapter 4, Section 405.2, Table 405.2, is amended to add the following
footnotes:
(i) "e. Secondary schools in Group E occupancies shall have an emergency evacuation
drill for fire conducted at least every two months, to a total of four emergency evacuation drills
during the nine-month school year. The first emergency evacuation drill for fire shall be
conducted within 10 school days after the beginning of classes. The third emergency
evacuation drill for fire, weather permitting, shall be conducted 10 school days after the
beginning of the next calendar year. The second and fourth emergency evacuation drills may
be substituted by a security or safety drill to include shelter in place, earthquake drill, or lock
down for violence. If inclement weather causes a secondary school to miss the 10-day deadline
for the third emergency evacuation drill for fire, the secondary school shall perform the third
emergency evacuation drill for fire as soon as practicable after the missed deadline."
(ii) "f. In Group E occupancies, excluding secondary schools, if the AHJ approves, the
monthly required emergency evacuation drill can be substituted by a security or safety drill to
include shelter in place, earthquake drill, or lock down for violence. The routine emergency
evacuation drill for fire must by conducted at least every other evacuation drill."
(iii) "g. A-3 occupancies in academic buildings of institutions of higher learning are
required to have one emergency evacuation drill per year, provided the following conditions are
met:
(A) The building has a fire alarm system in accordance with Section 907.2.
(B) The rooms classified as assembly shall have fire safety floor plans as required in
Subsection 404.2.2(4) posted.
(C) The building is not classified a high-rise building.
(D) The building does not contain hazardous materials over the allowable quantities by
code."
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 not for use in Utah, but are manufactured, stored, warehoused, or in transit
for destinations outside of Utah.
(2) Sections 
53-7-220
 through 
53-7-225
 do not supersede Section 
23-13-7
, regarding
use of fireworks and explosives by the Division of Wildlife Resources and federal game agents.
(3) Section 
53-7-225
 does not supersede Section 
65A-8-212
 regarding the authority of
the state forester to close hazardous areas.
Section 5. Section 
53-7-225
 is amended to read:
53-7-225.
Times for sale and discharge of fireworks -- Criminal penalty --
Permissible closure of certain areas -- Maps and signage.
(1) [
This
] 
Except as provided in Section 
53-7-221
, this
 section [
supercedes
] 
supersedes
any other code provision regarding the sale or discharge of fireworks.
(2) A person may sell class C common state approved explosives in the state as
follows:
(a) beginning on June [
] 
 and ending on July [
] 
;
(b) beginning on December 29 and ending on December 31; and
(c) two days before and on the Chinese New Year's eve.
(3) [
Except as provided in Subsection (5), a county or municipality may not prohibit
any person from discharging
] 
A person may not discharge
 class C common state approved
explosives in the state 
except
 as follows:
(a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
hours are 11 a.m. to midnight:
(i) beginning on July [
] 
 and ending on July [
] 
; and
(ii) beginning on July [
] 
 and ending on July [
] 
;
(b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;
or
(ii) if New Year's eve is on a Sunday and the [
local governmental jurisdiction
] 
county,
municipality, or metro township
 determines to celebrate New Year's eve on the prior Saturday,
then [
it is lawful to discharge Class
] 
a person may discharge class
 C common state approved
explosives on that prior Saturday 
within the county, municipality, or metro township
; and
(c) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
following day.
(4) A person [
who violates the time restrictions stated in Subsection (3)(a), (b), or (c)
]
is guilty of an infraction[
.
]
, punishable by a fine of up to $1,000, if the person discharges a
class C common state approved explosive:
(a) outside the legal discharge dates and times described in Subsection (3); or
(b) in an area in which fireworks are prohibited under Subsection 
15A-5-
 202.5(1)(b).
(5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro
township, or the state forester may not prohibit a person from discharging class C common
state approved explosives during the permitted periods described in Subsection (3).
(b) (i) As used in this Subsection (5)(b), "negligent discharge":
(A) means the improper use and discharge of a class C common state approved
explosive; and
(B) does not include the date or location of discharge or the type of explosive used.
[
(5)
] 
(ii)
 A [
county or
] municipality 
or metro township
 may prohibit [
any person from
discharging
]
:
(A) the discharge of
 class C common state approved explosives[
: (a) as provided
] in
certain areas with hazardous environmental conditions, in accordance with
 Subsection
15A-5-202.5
(1)(b); or
[
(b) in accordance with a municipal ordinance prohibiting
]
(B)
 the negligent discharge of class C common state approved explosives.
(iii) A county may prohibit the negligent discharge of class C common state approved
explosives.
(c) The state forester may prohibit the discharge of class C common state approved
explosives as provided in Subsection 
15A-5-202.5
(1)(b) or Section 
65A-8-212
.
(6) If a municipal legislative body, the state forester, or a metro township legislative
body provides a map to a county identifying an area in which the discharge of fireworks is
prohibited due to a historical hazardous environmental condition under Subsection
15A-5-202.5
(1)(b), the county shall, before June 1 of that same year:
(a) create a county-wide map, based on each map the county has received, indicating
each area within the county in which fireworks are prohibited under Subsection
15A-5-202.5
(1)(b);
(b) provide the map described in Subsection (6)(a) to:
(i) each retailer that sells fireworks within the county; and
(ii) the state fire marshal; and
(c) publish the map on the county's website.
(7) A retailer that sells fireworks shall display:
(a) a sign that:
(i) is clearly visible to the general public in a prominent location near the point of sale;
(ii) indicates the legal discharge dates and times described in Subsection (3); and
(iii) indicates the criminal charge and fine associated with discharge:
(A) outside the legal dates and times described in Subsection (3); and
(B) within an area in which fireworks are prohibited under Subsection
15A-5-202.5
(1)(b); and
(b) the map that the county provides, in accordance with Subsection (6)(b).
Section 6. Section 
53-7-225.1
 is enacted to read:
 53-7-225.1.
Civil liability.
(1) (a) An individual who negligently, recklessly, or intentionally causes or spreads a
fire through discharge of a class C explosive is liable for the cost of suppressing that fire and
any damages the fire causes.
(b) If the individual described in Subsection (1)(a) is a minor, the parent or legal
guardian having legal custody of the minor is liable for the costs and damages for which the
minor is liable under this section.
(c) A court may waive part or all of the parent or guardian's liability for damages under
Subsection (1)(b) if the court finds:
(i) good cause; and
(ii) that the parent or legal guardian:
(A) made a reasonable effort to supervise and direct the minor; or
(B) in the event the parent or guardian knew in advance of the negligent, reckless, or
intentional conduct described in Subsection (1)(a), made a reasonable effort to restrain the
minor.
(2) (a) The conduct described in Subsection (1) includes any negligent, reckless, or
intentional conduct, regardless of whether:
(i) the person discharges a class C common state approved explosive:
(A) within the permitted time periods described in Subsection 
53-7-225
(3); or
(B) in an area where discharge was not prohibited under Subsection 
53-7-225
(5)(b) or
(c); or
(ii) the fire begins on:
(A) private land;
(B) land owned by the state or a political subdivision of the state;
(C) federal land; or
(D) tribal land.
(b) Discharging a class C explosive in an area in which fireworks are prohibited due to
hazardous environmental conditions, in accordance with Subsection 
15A-5-202.5
(1)(b),
constitutes the negligent, reckless, or intentional conduct described in Subsection (1).
(3) A person who incurs costs to suppress a fire described in Subsection (1) may bring
an action under this section to recover those costs against an individual described in Subsection
(1).
(4) A person who suffers damage from a fire described in Subsection (1) may:
(a) bring an action under this section for those damages against an individual described
in Subsection (1); and
(b) pursue all other legal remedies in addition to seeking damages under Subsection
(4)(a).
Section 7. Section 
65A-8-212
 is amended to read:
65A-8-212.
Power of state forester to close hazardous areas -- Violations of an
order closing an area.
(1) (a) If the state forester finds conditions in a given area in the state to be extremely
hazardous, "extremely hazardous" means categorized as "extreme" under a nationally
recognized standard for rating fire danger, he shall close those areas to any forms of use by the
public, or to limit that use
, except as provided in Subsection (5)
.
(b) The closure shall include, for the period of time the state forester considers
necessary, the prohibition of open fires, and may include restrictions and prohibitions on:
(i) smoking;
(ii) the use of vehicles or equipment;
(iii) welding, cutting, or grinding of metals;
(iv) 
subject to Subsection (5),
 fireworks;
(v) explosives; or
(vi) the use of firearms for target shooting.
(c) Any restriction or closure relating to firearms use:
(i) shall be done with support of the duly elected county sheriff of the affected county
or counties;
(ii) shall undergo a formal review by the State Forester and County Sheriff every 14
days; and
(iii) may not prohibit a person from legally possessing a firearm or lawfully
participating in a hunt.
(d) The State Forester and County Sheriff shall:
(i) agree to the terms of any restriction or closure relating to firearms use;
(ii) reduce the agreement to writing;
(iii) sign the agreement indicating approval of its terms and duration; and
(iv) complete the steps in Subsections (1)(d)(i) through (d)(iii) at each 14 day review
and at termination of the restriction or closure.
(2) Nothing in this chapter prohibits any resident within the area from full and free
access to his home or property, or any legitimate use by the owner or lessee of the property.
(3) The order or proclamation closing or limiting the use in the area shall set forth:
(a) the exact area coming under the order;
(b) the date when the order becomes effective; and
(c) if advisable, the authority from whom permits for entry into the area may be
obtained.
(4) Any entry into or use of any area in violation of this section is a class B
misdemeanor.
(5) The state forester may not restrict or prohibit the discharge of fireworks within the
municipal boundaries of a city, town, or metro township.
Legislative Review Note
Office of Legislative Research and General Counsel