Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 59 (2025GS)

Sponsor

Rep. Dunnigan, James A.

Final action

Governor Signed 2/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• replaces incorrect terms related to fireworks; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

9
11-3-10
53-7-204
53-7-225
53-7-225.1
Fireworks Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: Luz Escamilla
LONG TITLE
General Description:
This bill amends provisions related to fireworks.
Highlighted Provisions:
This bill:
replaces incorrect terms related to fireworks; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-3-10
, as last amended by Laws of Utah 2023, Chapter 34
53-7-204
, as last amended by Laws of Utah 2021, Chapter 237
53-7-225
, as last amended by Laws of Utah 2024, Chapters 128, 438
53-7-225.1
, as enacted by Laws of Utah 2018, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
11-3-10
 is amended to read:
11-3-10. Exemptions -- Limitation on chapter.
(1)
This chapter does 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
.
(2)
This chapter does not supersede Section 
23A-2-208
, regarding use of fireworks and 
explosives by the Division of Wildlife Resources and federal game agents.
(3)
Provided that the display operators are properly licensed as required by Section 
53-7-223
, 
municipalities and counties for the unincorporated areas within the county may conduct, 
permit, or regulate:
(a)
exhibitions of display fireworks; or
(b)
pyrotechnic displays held inside public buildings.
Section 2, 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
a 
division 1.4G
 common state approved 
explosives
explosive
;
(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
a 
division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or 
division 1.4G
 explosive that:
(A)
is illegal; or
(B)
a person uses or handles in an illegal manner;
(vi)
deputizing qualified persons to act as deputy fire marshals, and to secure special 
services in emergencies;
(vii)
implementing Section 
15A-1-403
;
(viii)
establishing criteria for the certification of firefighters, pump operators, 
instructors, fire officers, fire investigators, and rescue personnel not certified or 
licensed under any other section of the Utah Code;
(ix)
establishing criteria for training and safety equipment grants for fire departments 
enrolled in firefighter certification;
(x)
establishing ongoing training standards for hazardous materials emergency 
response agencies;
(xi)
establishing criteria for the fire safety inspection of a food truck; and
(xii)
establishing criteria for the accreditation and reaccreditation of fire service 
training organizations;
(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)
provide technical expertise, advice, and support to Utah Valley University in the 
establishment and operation of the fire and rescue training program described in 
Section 
53B-29-202
;
(h)
establish a statewide fire statistics program for the purpose of gathering fire data 
from all political subdivisions of the state;
(i)
coordinate the efforts of all people engaged in fire suppression in the state;
(j)
work aggressively with the local political subdivisions to reduce fire losses;
(k)
regulate the sale and servicing of portable fire extinguishers and automatic fire 
suppression systems in the interest of safeguarding lives and property;
(l)
establish a certification program for persons who inspect and test automatic fire 
sprinkler systems;
(m)
establish a certification program for persons who inspect and test fire alarm systems;
(n)
establish a certification for persons who provide response services regarding 
hazardous materials emergencies;
(o)
in accordance with Sections 
15A-1-403
 and 
68-3-14
, submit a written report to the 
Business and Labor Interim Committee; and
(p)
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.
(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.
(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.
Section 3, 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)
Except as provided in Section 
53-7-221
, this section supersedes any other code 
provision regarding the sale or discharge of fireworks.
(2)
(a)
Except as provided in Subsection (2)(b), a person may sell 
class C
a division 1.4G
common state approved 
explosives
explosive
 in the state as follows:
(i)
beginning on June 24 and ending on July 25;
(ii)
beginning on December 29 and ending on December 31; and
(iii)
two days before and on the Chinese New Year's eve.
(b)
The restrictions in Subsection (2)(a) do not apply to:
(i)
online sales to a person outside the state for use outside the state; or
(ii)
sales to persons described in Subsection 
53-7-222
(1)(b)(i)(A).
(3)
A person may not discharge 
class C
a division 1.4G
 common state approved 
explosives
explosive
 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 2 and ending on July 5; and
(ii)
beginning on July 22 and ending on July 25;
(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 county or municipality determines to 
celebrate New Year's eve on the prior Saturday, then a person may discharge 
class C
a division 1.4G
 common state approved 
explosives
explosive
 on that 
prior Saturday within the county or municipality;
(c)
between the hours of 11 a.m. and 11 p.m. on January 1; and
(d)
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 is guilty of an infraction, punishable by a fine of up to $1,000, if the person 
discharges a 
class C
division 1.4G
 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, or the 
state forester may not prohibit a person from discharging 
class C
a division 1.4G
common state approved 
explosives
explosive
 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
division 1.4G
 common 
state approved explosive; and
(B)
does not include the date or location of discharge or the type of explosive used.
(ii)
A municipality may prohibit:
(A)
the discharge of 
class C
a division 1.4G
 common state approved 
explosives
explosive
 in certain areas with hazardous environmental conditions, in 
accordance with Subsection 
15A-5-202.5
(1)(b); or
(B)
the negligent discharge of 
class C
a division 1.4G
 common state approved 
explosives
explosive
.
(iii)
A county may prohibit the negligent discharge of 
class C
a division 1.4G
common state approved 
explosives
explosive
.
(c)
The state forester may prohibit the discharge of 
class C
a division 1.4G
 common 
state approved 
explosives
explosive
 as provided in Subsection 
15A-5-202.5
(1)(b) or 
Section 
65A-8-212
.
(6)
If a municipal legislative body or the state forester 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 4, Section 
53-7-225.1
 is amended 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
division 1.4G
 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
division 1.4G
 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
division 1.4G
 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 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-29-25 6:22 PM