Terms Used In Utah Code > Title 53 > Chapter 7 > Part 2 - Fire Prevention and Fireworks Act

• 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.
• 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
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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
• 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
• Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 53-7-102
• 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
• 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
• 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.
• 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
• Importer: means a person who brings division 1. See Utah Code 53-7-202
• 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
• 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
• 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.
• 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
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• Quorum: The number of legislators that must be present to do business.
• Service: means the inspection, maintenance, repair, modification, testing, or cleaning of an automatic fire suppression system. See Utah Code 53-7-202
• 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.
• 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
• 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
• 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