Utah Code § 53-7-202

Current through the 2024 Fourth Special Session

Section 53-7-202 - Definitions

As used in this part:

(1) "Agricultural and wildlife fireworks" means a division 1.4G 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) "Commercial cooking appliance fire suppression system":

(a) means an automatic or manual fire protection system designed for commercial cooking appliances, exhaust hoods, and ducts; and

(b) includes a commercial kitchen exhaust system attached to a fire suppression system that is designed to remove smoke, soot, toxic gases, and grease-laden vapor resulting from cooking operations.

(3)

(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.

(4)

(a) "Display operator" means a person licensed under Section 53-7-223 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.

(5) "Division 1.4G common state approved explosive" means a firework that:

(a) is purchased at retail for use by a consumer; and

(b) is not a division 1.4G dangerous explosive.

(6)

(a) "Division 1.4G dangerous explosive" means a division 1.4G 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 an item described in Subsection (6)(a)(ii)(A), (B), or (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) "Division 1.4G dangerous explosive" does not mean an exempt explosive.

(7) "Division 1.1G explosive" means an explosive described in 49 C.F.R. Sec. 173.50 (b)(1).

(8) "Division 1.2G explosive" means an explosive described in 49 C.F.R. Sec. 173.50 (b)(2).

(9) "Division 1.3G explosive" means an explosive described in 49 C.F.R. Sec. 173.50(b)(3).

(10) "Division 1.4G explosive" means an explosive described in 49 C.F.R. Sec. 173.50 (b)(4).

(11) "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.

(12) "Fire executive" means a fire chief, deputy fire chief, or other active member of a fire department or fire district who has been appointed by the elected officials of a municipality or county, by a fire district board, or by an established procedure within a volunteer fire service organization, to officially represent a fire department.

(13) "Fire extinguisher" means a portable or stationary device that discharges water, foam, gas, or other material to extinguish a fire.

(14) "Fire suppression system" means an automatic fire protection system that automatically detects fire and discharges a fire extinguishing agent onto or in the area of the fire.

(15)

(a) "Fireworks" means:

(i) a division 1.4G explosive;

(ii) a division 1.4G dangerous explosive; and

(iii) a division 1.4G common state approved explosive.

(b) "Fireworks" does not mean:

(i) an exempt explosive; or

(ii) a division 1.1G explosive, a division 1.12 explosive, or a division 1.3G explosive.

(16) "Flame effects" means the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience.

(17)

(a) "Flame effects operator" means a person licensed under Section 53-7-223 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.

(b)

(i) "Flame effects operator" does not include a person who participates in a meeting, as limited under Subsection (16)(b)(ii), with other persons solely to receive training, to practice, or provide instruction regarding flame effects performance.

(ii) A meeting under Subsection (16)(b)(i) may include a nonpaying and unsolicited audience of not more than 25 persons.

(18) "Importer" means a person who brings division 1.2G explosives, division 1.3G explosives, or division 1.4G explosives into the state for the general purpose of:

(a) resale or use within the state; or

(b) exportation to other states.

(19)

(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.

(20) "Retail seller" means a person who sells division 1.4G common state approved explosives to the public during the period authorized under Section 53-7-225.

(21) "Service" means the inspection, maintenance, repair, modification, testing, or cleaning of an automatic fire suppression system.

(22) "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.

(23) "Special effects operator" means a person licensed under Section 53-7-223 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.

(24) "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.

(25) "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.

(26) "Wholesaler" means:

(a) a person who sells division 1.4G common state approved explosives to a retailer; or

(b) a person who sells division 1.2G explosives, division 1.3G explosives, or division 1.4G explosives for display use.

Utah Code § 53-7-202

Amended by Chapter 343, 2024 General Session ,§ 3, eff. 5/1/2024.

Amended by Chapter 448, 2015 General Session ,§ 1, eff. 5/12/2015.

Amended by Chapter 247, 2013 General Session ,§ 1, eff. 5/14/2013.

Amended by Chapter 13, 2011 General Session