DAR File No. 27324

Public Safety, Fire Marshal

R710-2

Rules Pursuant to the Utah Fireworks Act

NOTICE OF PROPOSED RULE

DAR File No.: 27324
Filed: 08/02/2004, 02:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met and proposed that Rule R710-2 be amended. The purpose of the amendment is to establish a minimum age to sell fireworks and to allow a metal container to be placed next to the selling site for storage.

Summary of the rule or change:

The Utah Fire Prevention Board met in a regularly scheduled Board meeting on July 13, 2004, and proposed to amend the rule as follows: 1) in Subsection R710-2-3(3.4), the Board proposes that anyone wishing to sell fireworks at retail locations must be at least 16 years of age to do so; and 2) in Subsections R710-2-3(3.5) and R710-2-9(9.2.1.3.7), the Board proposes to allow a metal storage container to be placed adjacent to the temporary stand, trailer, or tent for storage of product to be sold.

State statutory or constitutional authorization for this rule:

Section 53-7-204

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because these proposed amendments do not effect the state budget.

local governments:

There is no anticipated cost or savings to local government because these proposed amendments do not effect local government.

other persons:

There is no anticipated cost or savings to other persons because these proposed amendments do not effect other persons.

Compliance costs for affected persons:

There is no compliance cost for affected persons from the enactment of these proposed rule amendments.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses for the enactment of these proposed rule amendments.

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2004

This rule may become effective on:

09/15/2004

Authorized by:

Gary A. Wise, State Fire Marshal

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-2. Rules Pursuant to the Utah Fireworks Act.

R710-2-3. General Requirements.

3.1 No person shall engage in any type of retail storage or sale of class C common state approved explosives, without first having obtained a license to sell fireworks from the authority having jurisdiction, if required.

3.2 If a municipality or county in which fireworks are offered for sale, requires a seller to obtain a license, it shall be available at the store or stand for presentation upon request to authorized public safety officials.

3.3 All fireworks retail sales locations shall be under the direct supervision of a responsible person who is 18 years of age or older.

3.4 Those selling fireworks at retail sales locations shall be at least 16 years of age or older.

3.5 A salesperson shall remain at the sales location at all times unless suitable locking devices or secured metal storage containers are provided to prevent the unauthorized access to the merchandise by others[, or the merchandise is removed].

3.[4]6 Class C common state approved explosives shall not be sold to any person under the age of 16 years, unless accompanied by an adult.

3.[5]7 All retail sales locations shall be kept clear of dry grass or other combustible material for a distance of at least 25 feet in all directions.

3.[6]8 Storage of class C common state approved explosives shall not be located in residences to include attached garages.

3.[7]9 "No Smoking" signs shall be conspicuously posted at all sales and storage locations.

3.[8]10 A sign, clearly visible to the general public, shall be posted at all fireworks sales locations, indicating the legal dates for discharge of fireworks.

3.[9]11 All retail sales locations shall be equipped with an approved, portable fire extinguisher having a minimum 2A rating.

R710-2-9. Amendments and Additions.

9.1 The following are amendments and additions to the codes and standards adopted to regulate class C common state approved explosives, placement and discharge of display fireworks, and importer, wholesaler, display or special effects operator licenses, as adopted in Section 1 of these rules:

9.2 [UFC]IFC, Chapter 33, Section [7802.3]3301.2.1 and 3301.2.2 is deleted, and [amended]rewritten to read as follows:

9.2.1 For the following periods of time: June 1 through July 31; December 1 through January 5; and 30 days before and up to 5 days after the Chinese New Year; class C common state approved explosives may be stored for retail sale as follows:

9.2.1.1 The retail seller shall notify the local fire authority to where the class C common state approved explosives are to be stored.

9.2.1.2 Class C common state approved explosives shall not be stored in residences to include attached garages.

9.2.1.3 The local fire authority shall approve the storage site of the class C common state approved explosives and may use the following guidelines for acceptable places of storage:

9.2.1.3.1 In self storage units where the owner allows it.

9.2.1.3.2 In a temporary stand or trailer used for the retail sales of Class C common state approved explosives, which must be locked or secured when not open for business.

9.2.1.3.3 In a locked or secured truck, trailer, or other vehicle at an approved location.

9.2.1.3.4 In a locked or secured container, garage, shed, barn, or other building, which is detached from an inhabited building.

9.2.1.3.5 Wholesalers warehouse.

9.2.1.3.6 An approved Group M occupancy.

9.2.1.3.7 In a locked or secured metal container adjacent to the temporary stand, trailer or tent that is acceptable to the authority having jurisdiction.

9.2.1.3.[7]8 Any other structure or location approved by the authority having jurisdiction.

9.2.2 All other periods of time, except those stated in Section 9.2(1) of these rules, the storage, use, and handling of fireworks are prohibited, except as follows:

9.2.2.1 The storage and handling of fireworks are allowed as required in IFC, Chapter 33 and these rules.

9.2.2.2 The use of fireworks for display is allowed as set forth in IFC, Chapter 33 and these rules.

KEY: fireworks

[January 2, 2004] September 15, 2004

Notice of Continuation June 11, 2002

53-7-204

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact 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

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.