Public Safety, Fire Marshal

Rule R710-2

Rules Pursuant to the Utah Fireworks Act

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36251
Filed: 05/21/2012 01:28:41 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The statutory authority that enacts the Utah Fireworks Act is found in Sections 53-7-220 through 53-7-225. The statutory provision that authorizes the enactment of administrative rule by the Utah Fire Prevention Board to regulate fireworks in the State of Utah, is found in Section 53-7-204.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The summary of written comments received since the last five-year review is as follows: 1) in November 2007, it was requested that there be an amendment to the rule that would set a limit on the amount of fireworks that could be housed inside of large retail facilities. After some further amendments were made, the amendment was added to the rule; 2) in March 2009, it was recommended that there be an amendment to the rule that would allow that all fireworks that had been approved by the California State Fire Marshal be approved in the State of Utah. It passed with no opposition; and 3) throughout several months of 2011, there were several written comments on proposed amendments to allow Class C state approved explosives that were classified as cakes or aerial fireworks, to be sold under certain monitored conditions in retail occupancies. Several meetings were held and most agreed to the currently enacted allowances, but there were two major fireworks companies that did not agree to the currently enacted rule amendments.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Fireworks are an important part of our citizens' allowance to celebrate our freedoms as a nation and a state. Utah has had a Utah Fireworks Act since the early 1980s, that has regulated what is legal for usage as fireworks and also those fireworks that are considered as illegal in our state. Without a Utah Fireworks Act, you would have all types of dangerous fireworks being discharged in the State of Utah. Therefore, this rule should be continued. The agency disagrees with the comments that were made in 2011 by two specific fireworks distributors. Their opposition to the proposed rule were based on their vision of safety, and also for their desire to control a larger portion of the market share for the sales of fireworks in the state.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at bhallada@utah.gov

Authorized by:

Brent Halladay, State Fire Marshal

Effective:

05/21/2012