Terms Used In Utah Code > Title 53 > Chapter 7 - Utah Fire Prevention and Safety Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: means any person authorized by the State Tax Commission to purchase and affix stamps on packages of cigarettes. See Utah Code 53-7-402
• Agricultural and wildlife fireworks: means a division 1. See Utah Code 53-7-202
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
• Board: means the Liquefied Petroleum Gas Board created in Section 53-7-304. See Utah Code 53-7-302
• Board: means the Utah Fire Prevention Board created in Section 53-7-203, except as provided in Part 3, Liquefied Petroleum Gas Act. See Utah Code 53-7-102
• Cigarette: means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco. See Utah Code 53-7-402
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Container: means any vessel, including cylinders, tanks, portable tanks, and cargo tanks used for transporting or storing liquefied petroleum gases, except containers subject to regulation and inspection by the Department of Transportation and under federal laws or regulations. See Utah Code 53-7-302
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
• Director: means the state fire marshal appointed in accordance with Section 53-7-103. See Utah Code 53-7-102
• Display fireworks: includes aerial shells, salutes, roman candles, flash shells, comets, mines, and other similar explosives. See Utah Code 53-7-202
• 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. See Utah Code 53-7-202
• Distribute: means to:
            (2)(a)(i) deliver to a person other than the purchaser; or
            (2)(a)(ii) provide as part of a commercial promotion or as a prize or premium. See Utah Code 53-7-502
• Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 53-7-102
• Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
• Election officer: means :
       (23)(a) the lieutenant governor, for all statewide ballots and elections;
       (23)(b) the county clerk for:

            (23)(b)(i) a county ballot and election; and

            (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
• Enforcing authority: means the division, the municipal or county fire department, another fire-prevention agency acting within its jurisdiction, or the building official of any city or county and his authorized representatives. See Utah Code 53-7-302
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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. See Utah Code 53-7-202
• Final consumer: means an individual or business who is the ultimate user of LPG. See Utah Code 53-7-302
• 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. See Utah Code 53-7-202
• Fire extinguisher: means a portable or stationary device that discharges water, foam, gas, or other material to extinguish a fire. See Utah Code 53-7-202
• Fire officer: means :
       (4)(a) the state fire marshal;
       (4)(b) the state fire marshal's deputies or salaried assistants;
       (4)(c) the fire chief or fire marshal of any county, city, or town fire department;
       (4)(d) the fire officer of any fire district;
       (4)(e) the fire officer of any special service district organized for fire protection purposes; and
       (4)(f) authorized personnel of any of the persons specified in Subsections (4)(a) through (e). See Utah Code 53-7-102
• 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. See Utah Code 53-7-202
• Fireworks: means :
            (15)(a)(i) a division 1. See Utah Code 53-7-202
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Flame effects: means the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience. See Utah Code 53-7-202
• Flame effects operator: means a person licensed under Section 53-7-223 who, regarding flame effects, is responsible for:
            (17)(a)(i) storage, setup, operations, teardown, devices, equipment, overseeing assistants and support personnel, and preventing accidental discharge; and
            (17)(a)(ii) completion of the sequence of control system functions that release the fuel for ignition to cause combustion and create the flame effects. See Utah Code 53-7-202
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Importer: means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution, or retail sales point outside this state:
       (3)(a) for the purpose of selling or distributing the lighter within this state; or
       (3)(b) with the result that the lighter is sold or distributed within this state. See Utah Code 53-7-502
• Importer: means a person who brings division 1. See Utah Code 53-7-202
• Installer: means any person who has satisfactorily passed an examination under the supervision of the board, testing his knowledge and ability to install or properly repair domestic systems, industrial systems, liquefied petroleum gas carburetion systems, bulk plant systems, standby plant systems, or other similar systems, and who holds an installer's certificate under this part. See Utah Code 53-7-302
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Law enforcement agency: means an entity or division of:
            (1)(e)(i)

                 (1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;

                 (1)(e)(i)(B) a state institution of higher education; or

                 (1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
            (1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Licensee: means a person licensed by the board to engage in the liquefied petroleum gas business. See Utah Code 53-7-302
• Lighter: means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame. See Utah Code 53-7-502
• Liquefied petroleum gas: means any material having a vapor pressure not exceeding that allowed for commercial propane and composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane, normal butane, or isobutane, and butylene, including isomers. See Utah Code 53-7-302
• Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
• LPG: means liquefied petroleum gas. See Utah Code 53-7-302
• Manufacturer: means :
       (3)(a) any entity which:

            (3)(a)(i) manufactures or otherwise produces cigarettes to be sold in the state;

            (3)(a)(ii) causes cigarettes to be manufactured or produced anywhere with the intent to sell in the state; or

            (3)(a)(iii) manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced with the intent to sell in the United States through an importer;
       (3)(b) the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
       (3)(c) any entity that becomes a successor of an entity described in Subsection (3)(a) or (3)(b). See Utah Code 53-7-402
• Misleading design: means a lighter that:
       (5)(a) has a shape that resembles or imitates an object other than a lighter;
       (5)(b) may have one or more audio or visual effects; and
       (5)(c) has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age. See Utah Code 53-7-502
• Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
• Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
• Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person: means any individual, firm, partnership, joint venture, association, corporation, estate, trust, or any other group or combination acting as a unit, and includes:
       (13)(a) a husband, wife, or both where joint benefits are derived from the operation of a business or activity subject to this part; and
       (13)(b) any state, county, municipality, or other agency engaged in a business or activity subject to this part. See Utah Code 53-7-302
• Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Provisional ballot: means a ballot voted provisionally by a person:
       (55)(a) whose name is not listed on the official register at the polling place;
       (55)(b) whose legal right to vote is challenged as provided in this title; or
       (55)(c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Pyrotechnic: means any composition or device manufactured or used to produce a visible or audible effect by combustion, deflagration, or detonation. See Utah Code 53-7-202
• Quality control and quality assurance program: means the laboratory procedures implemented to ensure that operator bias, systematic, and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. See Utah Code 53-7-402
• Quorum: The number of legislators that must be present to do business.
• Red tag: means a card or device, red in color, containing printed notice of the condemnation of a liquefied petroleum gas system as a result of a violation of this part, or any rules or orders made by the board; the tag, when attached to the system, is official notice of condemnation and of the prohibition of further use, so long as the red tag remains lawfully affixed. See Utah Code 53-7-302
• Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
• Regular primary election: means the election, held on the date specified in Section Utah Code 20A-1-102
• Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time. See Utah Code 53-7-402
• Retail dealer: means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. See Utah Code 53-7-402
• Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
       (65)(a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and
       (65)(b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102
• Sell: means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration. See Utah Code 53-7-502
• Sell: means to sell, or to offer or agree to sell. See Utah Code 53-7-402
• Service: means the inspection, maintenance, repair, modification, testing, or cleaning of an automatic fire suppression system. See Utah Code 53-7-202
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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. See Utah Code 53-7-202
• 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. See Utah Code 53-7-202
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State fire code: means the code adopted under Section 15A-1-403. See Utah Code 53-7-102
• State fire marshal: means the fire marshal appointed director by the commissioner under Section 53-7-103. See Utah Code 53-7-102
• Subpoena: A command to a witness to appear and give testimony.
• System: means an assembly consisting of one or more containers with a means for conveying LPG from the container or containers to dispensing or consuming devices, either continuously or intermittently, and that incorporates components intended to achieve control of quantity, flow, and pressure or state, either liquid or vapor. See Utah Code 53-7-302
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trick noisemaker: includes a:
       (24)(a) tube or sphere containing pyrotechnic composition that produces a white or colored smoke as its primary effect when ignited; and
       (24)(b) device that produces a small report intended to surprise the user, including a:

            (24)(b)(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;

            (24)(b)(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;

            (24)(b)(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;

            (24)(b)(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

            (24)(b)(v) "auto burglar alarm" which is a tube that:

                 (24)(b)(v)(A) contains pyrotechnic composition that produces a loud whistle and smoke when ignited;

                 (24)(b)(v)(B) may contain a small quantity of explosive to produce a small explosive noise; and

                 (24)(b)(v)(C) is ignited by a squib. See Utah Code 53-7-202
• Unclassified fireworks: means :
       (25)(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;
       (25)(b) an approved device that has been altered or redesigned since obtaining approval by the United States Department of Transportation; and
       (25)(c) a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler before receiving approval by the United States Department of Transportation. See Utah Code 53-7-202
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Voter: means an individual who:
       (79)(a) meets the requirements for voting in an election;
       (79)(b) meets the requirements of election registration;
       (79)(c) is registered to vote; and
       (79)(d) is listed in the official register book. See Utah Code 20A-1-102
• Wholesale dealer: means :
       (9)(a) any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale; and
       (9)(b) any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person. See Utah Code 53-7-402
• Wholesaler: means :
       (26)(a) a person who sells division 1. See Utah Code 53-7-202
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5