Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 67 (2018GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Utah Fire Prevention Board to create, by rule, a uniform statewide policy regarding a government entity's safe seizure, storage, and disposal of certain explosives; and
• provides requirements for a rule made with regards to the preceding paragraph.

Every vote on this bill

Bill text

FIREWORKS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
James A. Dunnigan
LONG TITLE
General Description:
This bill requires the Utah Fire Prevention Board to create a uniform statewide policy
regarding a government entity's seizure, storage, and disposal of certain explosives.
Highlighted Provisions:
This bill:
▸ requires the Utah Fire Prevention Board to create, by rule, a uniform statewide
policy regarding a government entity's safe seizure, storage, and disposal of certain
explosives; and
▸ provides requirements for a rule made with regards to the preceding paragraph.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-7-204
, as last amended by Laws of Utah 2017, Chapters 18 and 165
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-7-204
 is amended to read:
53-7-204.
Duties of Utah Fire Prevention Board -- Unified Code Analysis Council
-- Local administrative duties.
(1) The board shall:
(a) administer the state fire code as the standard in the state;
(b) subject to the state fire code, make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act:
(i) establishing standards for the prevention of fire and for the protection of life and
property against fire and panic in any:
(A) publicly owned building, including all public and private schools, colleges, and
university buildings;
(B) building or structure used or intended for use as an asylum, a mental hospital, a
hospital, a sanitarium, a home for the elderly, an assisted living facility, a children's home or
day care center, or any building or structure used for a similar purpose; or
(C) place of assemblage where 50 or more persons may gather together in a building,
structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;
(ii) establishing safety and other requirements for placement and discharge of display
fireworks on the basis of:
(A) the state fire code; and
(B) relevant publications of the National Fire Protection Association;
(iii) establishing safety standards for retail storage, handling, and sale of class C
common state approved explosives;
(iv) defining methods to establish proof of competence to place and discharge display
fireworks, special effects fireworks, and flame effects;
(v) subject to Subsection (2), creating a uniform statewide policy regarding a state,
county, special district, and local government entity's safe seizure, storage, and repurposing,
destruction, or disposal of a firework, class A explosive, or class B explosive that:
(A) is illegal; or
(B) a person uses or handles in an illegal manner;
[
(v)
] 
(vi)
 deputizing qualified persons to act as deputy fire marshals, and to secure
special services in emergencies;
[
(vi)
] 
(vii)
 implementing Section 
15A-1-403
;
[
(vii)
] 
(viii)
 setting guidelines for use of funding;
[
(viii)
] 
(ix)
 establishing criteria for training and safety equipment grants for fire
departments enrolled in firefighter certification;
[
(ix)
] 
(x)
 establishing ongoing training standards for hazardous materials emergency
response agencies; and
[
(x)
] 
(xi)
 establishing criteria for the fire safety inspection of a food truck;
(c) recommend to the commissioner a state fire marshal;
(d) develop policies under which the state fire marshal and the state fire marshal's
authorized representatives will perform;
(e) provide for the employment of field assistants and other salaried personnel as
required;
(f) prescribe the duties of the state fire marshal and the state fire marshal's authorized
representatives;
(g) establish a statewide fire prevention, fire education, and fire service training
program in cooperation with the Board of Regents;
(h) establish a statewide fire statistics program for the purpose of gathering fire data
from all political subdivisions of the state;
(i) establish a fire academy in accordance with Section 
53-7-204.2
;
(j) coordinate the efforts of all people engaged in fire suppression in the state;
(k) work aggressively with the local political subdivisions to reduce fire losses;
(l) regulate the sale and servicing of portable fire extinguishers and automatic fire
suppression systems in the interest of safeguarding lives and property;
(m) establish a certification program for persons who inspect and test automatic fire
sprinkler systems;
(n) establish a certification program for persons who inspect and test fire alarm
systems;
(o) establish a certification for persons who provide response services regarding
hazardous materials emergencies;
(p) in accordance with Sections 
15A-1-403
 and 
68-3-14
, submit a written report to the
Business and Labor Interim Committee; and
(q) jointly create the Unified Code Analysis Council with the Uniform Building Code
Commission in accordance with Section 
15A-1-203
.
(2) (a) In the rules that the board makes under Subsection (1)(b)(v), the board shall
include a provision prohibiting a state, county, special district, or local government entity from
disposing of an item described in Subsection (1)(b)(v) by means of open burning, except under
circumstances described in the rule.
(b) When making a rule under Subsection (1)(b)(v), the board shall:
(i) review and include applicable references to:
(A) requirements described in Title 15A, Chapter 5, State Fire Code Act; and
(B) provisions of the International Fire Code; and
(ii) consider the appropriate role of the following in relation to the rule:
(A) the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
(B) a firework wholesaler or distributor.
[
(2)
] 
(3)
 The board may incorporate in its rules by reference, in whole or in part:
(a) the state fire code; or
(b) subject to the state fire code, a nationally recognized and readily available standard
pertaining to the protection of life and property from fire, explosion, or panic.
[
(3)
] 
(4)
 The following functions shall be administered locally by a city, county, or fire
protection district:
(a) issuing permits, including open burning permits pursuant to Sections 
11-7-1
 and
19-2-114
;
(b) creating a local board of appeals in accordance with the state fire code; and
(c) subject to the state fire code and the other provisions of this chapter, establishing,
modifying, or deleting fire flow and water supply requirements.