68-104-202 - Part definitions.
68-104-202. Part definitions.
As used in this part, unless the context otherwise requires:
(1) Certified flame effect operator means an individual who, by experience, training and examination recognized and approved by the state fire marshal, has demonstrated the necessary knowledge and ability to safely assemble, discharge and supervise flame effects in accordance with this part and NFPA 160;
(2) Certified outdoor display operator means an individual who, by experience, training and examination recognized and approved by the state fire marshal, has demonstrated the necessary knowledge and ability to safely assemble, discharge and supervise outdoor displays of display fireworks in accordance with NFPA 1123;
(3) Certified proximate pyrotechnic operator means an individual who, by experience, training and examination recognized and approved by the state fire marshal, has demonstrated the necessary knowledge and ability to safely assemble, discharge and supervise indoor pyrotechnics, indoor pyrotechnic materials used outdoors or proximate displays of 1.4G or 1.4S fireworks or pyrotechnics in accordance with NFPA 1126;
(4) Display fireworks means those fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation and that are classified as 1.3G fireworks or display fireworks in the regulations of the United States department of transportation (DOT) for transportation of explosive and other dangerous articles;
(5) Event means any function or gathering at which there will be a fireworks display, a pyrotechnic display, a flame effect display or any combination of these displays. If a function or gathering lasts more than one (1) day, each day is a separate event. Event does not include any function or gathering at which DOT Class C common fireworks, also known as 1.4G fireworks, will be used;
(6) Fire marshal means the state fire marshal;
(7) Flame effect means the combustion of an inflammable solid, liquid or gas to produce thermal, physical, visual or audible phenomena before an audience as defined by NFPA 160;
(8) Flame effect display means the use of flame effects before an audience as defined by NFPA 160;
(9) Licensed exhibitor means a sole proprietor, partnership, corporation, company, firm or other entity licensed under this part to perform or provide firework or pyrotechnic materials for outdoor fireworks displays, proximate pyrotechnic displays, flame effect displays or any combination of these displays;
(10) NFPA means the National Fire Protection Association;
(11) NFPA 160 means the NFPA publication entitled, NFPA 160: Standard for the Flame Effects Before an Audience, 2001 edition or any subsequent edition that has been adopted by the state fire marshal by rule;
(12) NFPA 1123 means the NFPA publication entitled NFPA 1123: Code for Fireworks Display, 2000 edition or any subsequent edition that has been adopted by the state fire marshal by rule;
(13) NFPA 1124 means the NFPA publication entitled NFPA 1124: Code for the Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles, 2000 edition or any subsequent edition that has been adopted by the state fire marshal by rule;
(14) NFPA 1126 means the NFPA publication entitled NFPA 1126: Standards for the Use of Pyrotechnics Before a Proximate Audience, 2001 edition or a subsequent edition that has been adopted by the state fire marshal by rule;
(15) Outdoor fireworks display means a presentation of display fireworks for a public or private gathering as defined by NFPA 1123;
(16) Proximate pyrotechnic display means the use of pyrotechnic devices and materials, 1.4G or 1.4S fireworks or pyrotechnics, when any portion of the audience is closer than permitted by NFPA 1123, and subject to NFPA 1126 requirements;
(17) Proximate pyrotechnics means pyrotechnic devices for professional use only, used outdoors or indoors, that are similar to consumer fireworks in chemical composition and construction, but that are not intended for consumer use, and that are defined by NFPA 1126 as 1.4G or 1.4S fireworks or pyrotechnics; and
(18) Sponsor means any person or organization that contracts with a licensed exhibitor or certified operator to perform a fireworks display, proximate pyrotechnic display, flame effect display or any combination of these displays. With regard to a municipality, county or metropolitan government that sponsors a display, sponsor means a governmental entity in compliance with § 68-104-203(b).
[Acts 2006, ch. 839, § 1; 2008, ch. 1130, § 1.]