(1) Except as provided in Section 53-7-221, this section supersedes any other code provision regarding the sale or discharge of fireworks.
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Terms Used In Utah Code 53-7-225

  • Fireworks: means :
              (15)(a)(i) a division 1. See Utah Code 53-7-202
  • 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
  • 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 marshal: means the fire marshal appointed director by the commissioner under Section 53-7-103. See Utah Code 53-7-102
(2)

     (2)(a) Except as provided in Subsection (2)(b), a person may sell class C common state approved explosives in the state as follows:

          (2)(a)(i) beginning on June 24 and ending on July 25;
          (2)(a)(ii) beginning on December 29 and ending on December 31; and
          (2)(a)(iii) two days before and on the Chinese New Year’s eve.
     (2)(b) The restrictions in Subsection (2)(a) do not apply to:

          (2)(b)(i) online sales to a person outside the state for use outside the state; or
          (2)(b)(ii) sales to persons described in Subsection 53-7-222(1)(b)(i)(A).
(3) A person may not discharge class C common state approved explosives in the state except as follows:

     (3)(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:

          (3)(a)(i) beginning on July 2 and ending on July 5; and
          (3)(a)(ii) beginning on July 22 and ending on July 25;
     (3)(b)

          (3)(b)(i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day; or
          (3)(b)(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 common state approved explosives on that prior Saturday within the county or municipality;
     (3)(c) between the hours of 11 a.m. and 11 p.m. on January 1; and
     (3)(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 common state approved explosive:

     (4)(a) outside the legal discharge dates and times described in Subsection (3); or
     (4)(b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
(5)

     (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 common state approved explosives during the permitted periods described in Subsection (3).
     (5)(b)

          (5)(b)(i) As used in this Subsection (5)(b), “negligent discharge”:

               (5)(b)(i)(A) means the improper use and discharge of a class C common state approved explosive; and
               (5)(b)(i)(B) does not include the date or location of discharge or the type of explosive used.
          (5)(b)(ii) A municipality may prohibit:

               (5)(b)(ii)(A) the discharge of class C common state approved explosives in certain areas with hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b); or
               (5)(b)(ii)(B) the negligent discharge of class C common state approved explosives.
          (5)(b)(iii) A county may prohibit the negligent discharge of class C common state approved explosives.
     (5)(c) The state forester may prohibit the discharge of class C common state approved explosives 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:

     (6)(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);
     (6)(b) provide the map described in Subsection (6)(a) to:

          (6)(b)(i) each retailer that sells fireworks within the county; and
          (6)(b)(ii) the state fire marshal; and
     (6)(c) publish the map on the county’s website.
(7) A retailer that sells fireworks shall display:

     (7)(a) a sign that:

          (7)(a)(i) is clearly visible to the general public in a prominent location near the point of sale;
          (7)(a)(ii) indicates the legal discharge dates and times described in Subsection (3); and
          (7)(a)(iii) indicates the criminal charge and fine associated with discharge:

               (7)(a)(iii)(A) outside the legal dates and times described in Subsection (3); and
               (7)(a)(iii)(B) within an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b); and
     (7)(b) the map that the county provides, in accordance with Subsection (6)(b).
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