Short title. Sections through are known as the "Utah Fireworks Act."

Transcription

1 UTAH Definitions. As used in this part: (1) "Agricultural and wildlife fireworks" means a class C 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 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)(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. (8)(a) "Display operator" means a person licensed under Section and who is responsible for site selection, setting up, permits, overseeing assistants and support 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. (9) "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. (10)(a) "Fireworks" means: (i) class C explosives; (ii) class C dangerous explosives; and (iii) class C common state approved explosives. (b) "Fireworks" does not mean: (i) exempt explosives; (ii) class A explosives; or (iii) class B explosives. (11) "Flame effects" means the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience. (12)(a) "Flame effects operator" means a person licensed under Section 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.

2 (b)(i) "Flame effects operator" does not include a person who participates in a meeting, as limited under Subsection (12)(b)(ii), with other persons solely to receive training, to practice, or provide instruction regarding flame effects performance. (ii) A meeting under Subsection (12)(b)(i) may include a nonpaying and unsolicited audience of not more than 25 persons. (13) "Importer" means a person who brings class B or class C explosives into Utah for the general purpose of: (a) resale or use within the state; or (b) exportation to other states. (14)(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. (15) "Retail seller" means a person who sells class C common state approved explosives to the public during the period authorized under Section (16) "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. (17) "Special effects operator" means a person licensed under Section 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. (18) "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 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. (19) "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. (20) "Wholesaler" means: (a) a person who sells class C common state approved explosives to a retailer; or (b) a person who sells class B explosives or class C dangerous explosives for display use Short title. Sections through are known as the "Utah Fireworks Act." Exceptions from Utah Fireworks Act. (1) Sections through 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 through do not supersede Section , regarding use of fireworks and explosives by the Division of Wildlife Resources and federal game agents.

3 Restrictions on the sale or use of fireworks. (1)(a) Except as provided in Subsection (1)(b), class C dangerous explosives may not be possessed, discharged, sold, or offered for retail sale. (b) (i) The following persons may purchase, possess, or discharge class C dangerous explosives: (A) display operators and special effects operators who receive a license from the division in accordance with Section and approval from their local licensing authority in accordance with Section ; and (B) operators approved by the Division of Wildlife Resources or Department of Agriculture and Food to discharge agricultural and wildlife fireworks. (ii) Importers and wholesalers licensed under Section may possess, sell, and offer to sell class C dangerous explosives. (2) Unclassified fireworks may not be sold, or offered for sale Licensing importers and wholesalers-fee. The division shall: (1) annually license each importer and wholesaler of pyrotechnic devices; and (2) charge an annual license fee of $ Times for sale and discharge of fireworks. (1) This section supercedes 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 23 and ending on July 27; (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 class C common state approved explosives in the state 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 1 and ending on July 7; and (ii) beginning on July 21 and ending on July 27; (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 determines to celebrate New Year's eve on the prior Saturday, then it is lawful to discharge Class C common state approved explosives on that prior Saturday; 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. (5) A county or municipality may prohibit any person from discharging class C common state approved explosives: (a) as provided in Subsection 15A (1)(c); or (b) in accordance with a municipal ordinance prohibiting the negligent discharge of class C common state approved explosives Violations -- Misdemeanor. A person is guilty of a class B misdemeanor if he: (1) violates this part; (2) violates any order made under this part; (3) produces, reproduces, or uses the official seal of registration of the division in any manner or for any purpose inconsistent with the designated purpose of the seal; (4) removes, uses, or damages service tags or other labels or markings in a manner inconsistent with the designated use of the service tag; (5) engages in the sale, storage, or handling of class C fireworks without a permit where a local government requires a permit; (6) sells at retail, transports, possesses, or discharges class C dangerous explosives as defined in Section ;

4 (7) performs or intends to perform services or induces the public to enter into any obligation relating to the performance of those services that are untrue, misleading, or reasonably known to be untrue or misleading; or (8) builds in violation of the division's plan review or written instructions conducted on building specifications, building plans, or amendments of those specifications or plans as required under this part Short title. This chapter is known as the "County and Municipal Fireworks Act." Definitions. The definitions in Section apply to this chapter 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 common state-approved explosives 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 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 may require a fee, insurance, or a bond before issuing a permit under this Subsection (2) Enforcement-Seizure of fireworks sold unlawfully-revocation of license. (1) Each county and municipal officer charged with the enforcement of state and municipal laws, including all fire enforcement officials and the State Fire Marshal Division of the Department of Public Safety, shall enforce this chapter and Sections through , Utah Fireworks Act. (2) Any official charged with enforcing this chapter and the Utah Fireworks Act may: (a) seize display fireworks, fireworks, and unclassified fireworks that are offered for sale, sold, or in the possession of an individual in violation of this chapter or the Utah Fireworks Act; and (b) recommend to the state fire marshal that each importer or wholesaler selling or offering to sell display fireworks, fireworks, or unclassified fireworks in violation of this chapter or the Utah Fireworks Act have his license revoked Conflicting local ordinances prohibited. A county, city, or town may not adopt an ordinance or regulation in conflict with Sections through Sale or use of unauthorized fireworks-class B misdemeanor. Any person who violates this chapter is guilty of a class B misdemeanor. 15A 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 NFPA 1124, Chapter 7, Retail Sales of Consumer Fireworks. (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 is added as follows: "Display of Class C 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 is added as follows: "Rack storage of Class C common state approved explosives inside of buildings is prohibited."

5 (c) NFPA 1124, Chapter 7, Section 7.3.1, Exempt Amounts, Subsection , is deleted and rewritten as follows: "Display of Class C 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 , Height of Sales Displays, Subsection , is amended as follows: On line three delete "12 ft. (3.66m)" and replace it with "6 ft.".

6 Enrolled Copy H.B FIREWORKS RESTRICTIONS GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: James A. Dunnigan 5 Senate Sponsor: Jani Iwamoto 6 7 LONG TITLE 8 General Description: 9 This bill amends provisions related to the permissible discharge of fireworks. 10 Highlighted Provisions: 11 This bill: 12 amends and clarifies the dates on which a person may legally discharge fireworks; 13 increases the criminal fine for discharging fireworks outside of permitted dates and 14 times; 15 clarifies when a municipality may prohibit a person from discharging fireworks; 16 increases the areas within which a municipality or the state forester may prohibit the 17 discharge of fireworks; 18 in certain situations, requires local governments and the state forester to create and 19 provide maps identifying areas in which fireworks are prohibited due to hazardous 20 environmental conditions; 21 requires retailers that sell fireworks to display: 22 maps a county provides indicating areas within the county in which fireworks 23 are prohibited due to hazardous environmental conditions; and 24 signs regarding permissible discharge dates and times and certain criminal 25 penalties; 26 prohibits the state forester from limiting or restricting the discharge of fireworks 27 within municipal boundaries; 28 imposes civil liability when certain fireworks discharge causes a fire; and 29 makes technical and conforming changes.

7 H.B. 38 Enrolled Copy 30 Money Appropriated in this Bill: 31 None 32 Other Special Clauses: 33 None 34 Utah Code Sections Affected: 35 AMENDS: , as last amended by Laws of Utah 2012, Chapter , as last amended by Laws of Utah 1993, Chapter A , as last amended by Laws of Utah 2016, Chapter , as enacted by Laws of Utah 1993, Chapter , as last amended by Laws of Utah 2016, Chapter A-8-212, as last amended by Laws of Utah 2013, Chapter ENACTS: , Utah Code Annotated Be it enacted by the Legislature of the state of Utah: 46 Section 1. Section is amended to read: Intoxication -- Fights -- Disorderly conduct -- Assault and battery -- Petit 48 larceny -- Riots and disorderly assemblies -- Firearms and fireworks -- False pretenses 49 and embezzlement -- Sale of liquor, narcotics, or tobacco to minors -- Possession of 50 controlled substances -- Treatment of alcoholics and narcotics or drug addicts. 51 (1) A municipal legislative body may: 52 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights, 53 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and 54 battery and petit larceny; 55 (b) [the municipal legislative body may] restrain riots, routs, noises, disturbances, or 56 disorderly assemblies in any street, house, or place in the city; 57 (c) [the municipal legislative body may] regulate and prevent the discharge of firearms, - 2 -

8 Enrolled Copy H.B rockets, powder, fireworks in accordance with Section , or any other dangerous or 59 combustible material; 60 (d) [the municipal legislative body may] provide against and prevent the offense of 61 obtaining money or property under false pretenses and the offense of embezzling money or 62 property in all cases where the money or property embezzled or obtained under false pretenses 63 does not exceed in value the sum of $500; and 64 (e) [may] prohibit the sale, giving away, or furnishing of narcotics, alcoholic beverages 65 to a person younger than 21 years of age, or tobacco to any person younger than 19 years of 66 age[; cities may,]. 67 (2) A city may: 68 (a) by ordinance, prohibit the possession of controlled substances as defined in the 69 Utah Controlled Substances Act or any other endangering or impairing substance, provided the 70 conduct is not a class A misdemeanor or felony[,]; and 71 (b) provide for treatment of alcoholics, narcotic addicts, and other persons who are 72 addicted to the use of drugs or intoxicants such that a person substantially lacks the capacity to 73 control the person's use of the drugs or intoxicants, and judicial supervision may be imposed as 74 a means of effecting their rehabilitation. 75 Section 2. Section is amended to read: Conflicting local ordinances prohibited. 77 A county, city, [or] town, or metro township may not adopt an ordinance or regulation 78 in conflict with Sections through Section 3. Section 15A is amended to read: 80 15A Amendments and additions to Chapters 3 and 4 of IFC. 81 (1) For IFC, Chapter 3, General Requirements: 82 (a) IFC, Chapter 3, Section , Vegetation, is amended as follows: Delete line six 83 and replace it with: "the Utah Administrative Code, R , Minimum Standards for 84 Wildland Fire Ordinance". 85 (b) IFC, Chapter 3, Section 310.8, Hazardous and Environmental Conditions, is deleted - 3 -

9 H.B. 38 Enrolled Copy 86 and rewritten as follows: "1. When the fire code official determines that existing or historical 87 hazardous environmental conditions necessitate controlled use of any ignition source, including 88 fireworks, lighters, matches, sky lanterns, and smoking materials, any of the following may 89 occur: 90 [1] 1.1. If the existing or historical hazardous environmental conditions exist in a 91 municipality, the legislative body of the municipality may prohibit the ignition or use of an 92 ignition source in: mountainous, brush-covered, [or] forest-covered, or dry grass-covered areas [or]; within 200 feet of waterways, trails, canyons, washes, ravines, or similar areas; the wildland urban interface area, which means the line, area, or zone where 96 structures or other human development meet or intermingle with undeveloped wildland or land 97 being used for an agricultural purpose[.]; or a limited area outside the hazardous areas described in this paragraph 1.1 to 99 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 101 hazardous environmental conditions exist in an unincorporated area, the state forester may 102 prohibit the ignition or use of an ignition source in all or part of the areas described in 103 paragraph [1] 1.1 that are within the unincorporated area, after consulting with the county fire 104 code official who has jurisdiction over that area. 105 [3] 1.3. If the existing or historical hazardous environmental conditions exist in a metro 106 township created under Title 10, Chapter 2a, Part 4, Incorporation of Metro Townships and 107 Unincorporated Islands in a County of the First Class[,] on and after May 12, 2015, the metro 108 township legislative body may prohibit the ignition or use of an ignition source in all or part of 109 the areas described in paragraph [1] 1.1 that are within the township.["] If a municipal legislative body, the state forester, or a metro township legislative 111 body closes an area to the discharge of fireworks under paragraph 1, the legislative body or 112 state forester shall: designate the closed area along readily identifiable features like major roadways, - 4 -

10 Enrolled Copy H.B waterways, or geographic features; ensure that the boundary of the designated closed area is as close as is practical to 116 the defined hazardous area, provided that the closed area may include areas outside of the 117 hazardous area to facilitate a readily identifiable line; and identify the closed area through a written description or map that is readily 119 available to the public A municipal legislative body, the state forester, or a metro township legislative body 121 may close a defined area to the discharge of fireworks due to a historical hazardous 122 environmental condition under paragraph 1 if the legislative body or state forester: makes a finding that the historical hazardous environmental condition has existed 124 in the defined area before July 1 of at least two of the preceding five years; produces a map indicating the boundaries, in accordance with paragraph 2, of the 126 defined area described; and before May 1 of each year the defined area is closed, provides the map described 128 in paragraph 3.2 to the county in which the defined area is located A municipal legislative body, the state forester, or a metro township legislative body 130 may not close an area to the discharge of fireworks due to a historical hazardous environmental 131 condition unless the legislative body or state forester provides a map, in accordance with 132 paragraph 3." 133 (c) IFC, Chapter 3, Section , Abandoned Premises, is amended as follows: On 134 line 10 delete the words "International Property Maintenance Code and the". 135 (d) IFC, Chapter 3, Section 311.5, Placards, is amended as follows: On line three delete 136 the word "shall" and replace it with the word "may". 137 (e) IFC, Chapter 3, Section , Ceiling Clearance, is amended to add the 138 following: "Exception: Where storage is not directly below the sprinkler heads, storage is 139 allowed to be placed to the ceiling on wall-mounted shelves that are protected by fire sprinkler 140 heads in occupancies meeting classification as light or ordinary hazard." 141 (2) IFC, Chapter 4, Emergency Planning and Preparedness: - 5 -

11 H.B. 38 Enrolled Copy 142 (a) IFC, Chapter 4, Section , College and university buildings, is deleted and 143 replaced with the following: 144 " College and university buildings and fraternity and sorority houses. 145 (a) College and university buildings, including fraternity and sorority houses, shall 146 prepare an approved fire safety and evacuation plan, in accordance with Section (b) Group R-2 college and university buildings, including fraternity and sorority 148 houses, shall comply with Sections and " 149 (b) IFC, Chapter 4, Section 405.2, Table 405.2, is amended to add the following 150 footnotes: 151 (i) "e. Secondary schools in Group E occupancies shall have an emergency evacuation 152 drill for fire conducted at least every two months, to a total of four emergency evacuation drills 153 during the nine-month school year. The first emergency evacuation drill for fire shall be 154 conducted within 10 school days after the beginning of classes. The third emergency 155 evacuation drill for fire, weather permitting, shall be conducted 10 school days after the 156 beginning of the next calendar year. The second and fourth emergency evacuation drills may 157 be substituted by a security or safety drill to include shelter in place, earthquake drill, or lock 158 down for violence. If inclement weather causes a secondary school to miss the 10-day deadline 159 for the third emergency evacuation drill for fire, the secondary school shall perform the third 160 emergency evacuation drill for fire as soon as practicable after the missed deadline." 161 (ii) "f. In Group E occupancies, excluding secondary schools, if the AHJ approves, the 162 monthly required emergency evacuation drill can be substituted by a security or safety drill to 163 include shelter in place, earthquake drill, or lock down for violence. The routine emergency 164 evacuation drill for fire must by conducted at least every other evacuation drill." 165 (iii) "g. A-3 occupancies in academic buildings of institutions of higher learning are 166 required to have one emergency evacuation drill per year, provided the following conditions are 167 met: 168 (A) The building has a fire alarm system in accordance with Section (B) The rooms classified as assembly shall have fire safety floor plans as required in - 6 -

12 Enrolled Copy H.B Subsection (4) posted. 171 (C) The building is not classified a high-rise building. 172 (D) The building does not contain hazardous materials over the allowable quantities by 173 code." 174 Section 4. Section is amended to read: Exceptions from Utah Fireworks Act. 176 (1) Sections through do not apply to class A, class B, and class C 177 explosives that are not for use in Utah, but are manufactured, stored, warehoused, or in transit 178 for destinations outside of Utah. 179 (2) Sections through do not supersede Section , regarding 180 use of fireworks and explosives by the Division of Wildlife Resources and federal game agents. 181 (3) Section does not supersede Section 65A regarding the authority of 182 the state forester to close hazardous areas. 183 Section 5. Section is amended to read: Times for sale and discharge of fireworks -- Criminal penalty Permissible closure of certain areas -- Maps and signage. 186 (1) [This] Except as provided in Section , this section [supercedes] supersedes 187 any other code provision regarding the sale or discharge of fireworks. 188 (2) A person may sell class C common state approved explosives in the state as 189 follows: 190 (a) beginning on June [23] 24 and ending on July [27] 25; 191 (b) beginning on December 29 and ending on December 31; and 192 (c) two days before and on the Chinese New Year's eve. 193 (3) [Except as provided in Subsection (5), a county or municipality may not prohibit 194 any person from discharging] A person may not discharge class C common state approved 195 explosives in the state except as follows: 196 (a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the 197 hours are 11 a.m. to midnight: - 7 -

13 H.B. 38 Enrolled Copy 198 (i) beginning on July [1] 2 and ending on July [7] 5; and 199 (ii) beginning on July [21] 22 and ending on July [27] 25; 200 (b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day; 201 or 202 (ii) if New Year's eve is on a Sunday and the [local governmental jurisdiction] county, 203 municipality, or metro township determines to celebrate New Year's eve on the prior Saturday, 204 then [it is lawful to discharge Class] a person may discharge class C common state approved 205 explosives on that prior Saturday within the county, municipality, or metro township; and 206 (c) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the 207 following day. 208 (4) A person [who violates the time restrictions stated in Subsection (3)(a), (b), or (c)] 209 is guilty of an infraction[.], punishable by a fine of up to $1,000, if the person discharges a 210 class C common state approved explosive: 211 (a) outside the legal discharge dates and times described in Subsection (3); or 212 (b) in an area in which fireworks are prohibited under Subsection 15A (1)(b). 213 (5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro 214 township, or the state forester may not prohibit a person from discharging class C common 215 state approved explosives during the permitted periods described in Subsection (3). 216 (b) (i) As used in this Subsection (5)(b), "negligent discharge": 217 (A) means the improper use and discharge of a class C common state approved 218 explosive; and 219 (B) does not include the date or location of discharge or the type of explosive used. 220 [(5)] (ii) A [county or] municipality or metro township may prohibit [any person from 221 discharging]: 222 (A) the discharge of class C common state approved explosives[: (a) as provided] in 223 certain areas with hazardous environmental conditions, in accordance with Subsection A (1)(b); or 225 [(b) in accordance with a municipal ordinance prohibiting] - 8 -

14 Enrolled Copy H.B (B) the negligent discharge of class C common state approved explosives. 227 (iii) A county may prohibit the negligent discharge of class C common state approved 228 explosives. 229 (c) The state forester may prohibit the discharge of class C common state approved 230 explosives as provided in Subsection 15A (1)(b) or Section 65A (6) If a municipal legislative body, the state forester, or a metro township legislative 232 body provides a map to a county identifying an area in which the discharge of fireworks is 233 prohibited due to a historical hazardous environmental condition under Subsection A (1)(b), the county shall, before June 1 of that same year: 235 (a) create a county-wide map, based on each map the county has received, indicating 236 each area within the county in which fireworks are prohibited under Subsection A (1)(b); 238 (b) provide the map described in Subsection (6)(a) to: 239 (i) each retailer that sells fireworks within the county; and 240 (ii) the state fire marshal; and 241 (c) publish the map on the county's website. 242 (7) A retailer that sells fireworks shall display: 243 (a) a sign that: 244 (i) is clearly visible to the general public in a prominent location near the point of sale; 245 (ii) indicates the legal discharge dates and times described in Subsection (3); and 246 (iii) indicates the criminal charge and fine associated with discharge: 247 (A) outside the legal dates and times described in Subsection (3); and 248 (B) within an area in which fireworks are prohibited under Subsection A (1)(b); and 250 (b) the map that the county provides, in accordance with Subsection (6)(b). 251 Section 6. Section is enacted to read: Civil liability. 253 (1) (a) An individual who negligently, recklessly, or intentionally causes or spreads a - 9 -

15 H.B. 38 Enrolled Copy 254 fire through discharge of a class C explosive is liable for the cost of suppressing that fire and 255 any damages the fire causes. 256 (b) If the individual described in Subsection (1)(a) is a minor, the parent or legal 257 guardian having legal custody of the minor is liable for the costs and damages for which the 258 minor is liable under this section. 259 (c) A court may waive part or all of the parent or guardian's liability for damages under 260 Subsection (1)(b) if the court finds: 261 (i) good cause; and 262 (ii) that the parent or legal guardian: 263 (A) made a reasonable effort to supervise and direct the minor; or 264 (B) in the event the parent or guardian knew in advance of the negligent, reckless, or 265 intentional conduct described in Subsection (1)(a), made a reasonable effort to restrain the 266 minor. 267 (2) (a) The conduct described in Subsection (1) includes any negligent, reckless, or 268 intentional conduct, regardless of whether: 269 (i) the person discharges a class C common state approved explosive: 270 (A) within the permitted time periods described in Subsection (3); or 271 (B) in an area where discharge was not prohibited under Subsection (5)(b) or 272 (c); or 273 (ii) the fire begins on: 274 (A) private land; 275 (B) land owned by the state or a political subdivision of the state; 276 (C) federal land; or 277 (D) tribal land. 278 (b) Discharging a class C explosive in an area in which fireworks are prohibited due to 279 hazardous environmental conditions, in accordance with Subsection 15A (1)(b), 280 constitutes the negligent, reckless, or intentional conduct described in Subsection (1). 281 (3) A person who incurs costs to suppress a fire described in Subsection (1) may bring

16 Enrolled Copy H.B an action under this section to recover those costs against an individual described in Subsection 283 (1). 284 (4) A person who suffers damage from a fire described in Subsection (1) may: 285 (a) bring an action under this section for those damages against an individual described 286 in Subsection (1); and 287 (b) pursue all other legal remedies in addition to seeking damages under Subsection 288 (4)(a). 289 Section 7. Section 65A is amended to read: A Power of state forester to close hazardous areas -- Violations of an 291 order closing an area. 292 (1) (a) If the state forester finds conditions in a given area in the state to be extremely 293 hazardous, "extremely hazardous" means categorized as "extreme" under a nationally 294 recognized standard for rating fire danger, he shall close those areas to any forms of use by the 295 public, or to limit that use, except as provided in Subsection (5). 296 (b) The closure shall include, for the period of time the state forester considers 297 necessary, the prohibition of open fires, and may include restrictions and prohibitions on: 298 (i) smoking; 299 (ii) the use of vehicles or equipment; 300 (iii) welding, cutting, or grinding of metals; 301 (iv) subject to Subsection (5), fireworks; 302 (v) explosives; or 303 (vi) the use of firearms for target shooting. 304 (c) Any restriction or closure relating to firearms use: 305 (i) shall be done with support of the duly elected county sheriff of the affected county 306 or counties; 307 (ii) shall undergo a formal review by the State Forester and County Sheriff every days; and 309 (iii) may not prohibit a person from legally possessing a firearm or lawfully

17 H.B. 38 Enrolled Copy 310 participating in a hunt. 311 (d) The State Forester and County Sheriff shall: 312 (i) agree to the terms of any restriction or closure relating to firearms use; 313 (ii) reduce the agreement to writing; 314 (iii) sign the agreement indicating approval of its terms and duration; and 315 (iv) complete the steps in Subsections (1)(d)(i) through (d)(iii) at each 14 day review 316 and at termination of the restriction or closure. 317 (2) Nothing in this chapter prohibits any resident within the area from full and free 318 access to his home or property, or any legitimate use by the owner or lessee of the property. 319 (3) The order or proclamation closing or limiting the use in the area shall set forth: 320 (a) the exact area coming under the order; 321 (b) the date when the order becomes effective; and 322 (c) if advisable, the authority from whom permits for entry into the area may be 323 obtained. 324 (4) Any entry into or use of any area in violation of this section is a class B 325 misdemeanor. 326 (5) The state forester may not restrict or prohibit the discharge of fireworks within the 327 municipal boundaries of a city, town, or metro township