53-7-202 - Definitions.
53-7-202. Definitions.
As used in this part:
(1) "Agricultural and wildlife fireworks" means a class C dangerous explosive that:
(a) uses sound or light when deployed; and
(b) is designated to prevent crop damage or unwanted animals from entering a specifiedarea.
(2) "Class A explosive" means a division 1.1 or 1.2 explosive as defined by the UnitedStates Department of Transportation in Part 173, Title 49, Code of Federal Regulations.
(3) "Class B explosive" means a division 1.2 or 1.3G explosive as defined by the UnitedStates Department of Transportation in Part 173, Title 49, Code of Federal Regulations.
(4) "Class C explosive" means a division 1.4G explosive as defined by the United StatesDepartment of Transportation in Part 173, Title 49, Code of Federal Regulations.
(5) (a) "Class C common state approved explosive" means a class C explosive that is:
(i) a cardboard or heavy paper cylindrical tube or cone that:
(A) produces a shower of color and sparks that reach a maximum height of 15 feet;
(B) may whistle or pop; and
(C) is not designed to explode or leave the ground;
(ii) a pyrotechnic wheel device that:
(A) may be attached to a post or tree; and
(B) contains up to six "driver" units or tubes;
(iii) any device that:
(A) spins, jumps, or emits popping sounds when placed on the ground;
(B) does not exceed a height of 15 feet when discharged; and
(C) does not travel laterally more than 10 feet on a smooth surface when discharged;
(iv) a morning glory, suzuki, or flitter sparkler; and
(v) a single tube day type parachute that does not carry any flare or flame upon descent.
(b) "Class C common state approved explosive" does not mean:
(i) class C dangerous explosives; or
(ii) exempt explosives.
(6) (a) "Class C dangerous explosive" means a class C explosive that is:
(i) a firecracker, cannon cracker, salute, cherry bomb, or other similar explosive;
(ii) a skyrocket or any device other than a model rocket that uses combustible orexplosive material and rises more than 15 feet when discharged;
(iii) a roman candle or other device that discharges balls of fire over 15 feet in height;
(iv) a tube or cone aerial firework that propels comets, shells, salutes, flash shells, orsimilar devices more than 15 feet into the air; and
(v) a chaser, whistler, or other device that darts or travels more than 10 feet laterally on asmooth surface or exceeds 15 feet in height when discharged.
(b) A "class C dangerous explosive" does not mean:
(i) class C common state approved explosives; or
(ii) exempt explosives.
(7) (a) "Display fireworks" means large firework devices that consist of explosivematerials that are intended for use in outdoor aerial fireworks displays to produce visible oraudible effects by combustion, deflagration, or detonation.
(b) "Display fireworks" includes aerial shells, salutes, roman candles, flash shells, comets,
mines, and other similar explosives.
(8) (a) "Display operator" means a person licensed under Section 53-7-223 and who isresponsible for site selection, setting up, permits, overseeing assistants and support personnel,and discharging display fireworks outdoors in situations where the audience maintains a specificdistance separating it from the display fireworks being discharged.
(b) "Display operator" does not mean a fire department.
(9) "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 inlength.
(10) (a) "Fireworks" means:
(i) class C explosives;
(ii) class C dangerous explosives; and
(iii) class C common state approved explosives.
(b) "Fireworks" does not mean:
(i) exempt explosives;
(ii) class A explosives; or
(iii) class B explosives.
(11) "Flame effects" means the combustion of flammable solids, liquids, or gases toproduce thermal, physical, visual, or audible phenomena before an audience.
(12) (a) "Flame effects operator" means a person licensed under Section 53-7-223 who,regarding flame effects, is responsible for:
(i) storage, setup, operations, teardown, devices, equipment, overseeing assistants andsupport personnel, and preventing accidental discharge; and
(ii) completion of the sequence of control system functions that release the fuel forignition to cause combustion and create the flame effects.
(b) (i) "Flame effects operator" does not include a person who participates in a meeting,as limited under Subsection (12)(b)(ii), with other persons solely to receive training, to practice,or provide instruction regarding flame effects performance.
(ii) A meeting under Subsection (12)(b)(i) may include a nonpaying and unsolicitedaudience of not more than 25 persons.
(13) "Importer" means a person who brings class B or class C explosives into Utah forthe general purpose of resale within the state or exportation to other states.
(14) (a) "Pyrotechnic" means any composition or device manufactured or used toproduce a visible or audible effect by combustion, deflagration, or detonation.
(b) "Pyrotechnic" does not mean exempt explosives.
(15) "Retail seller" means a person who sells class C common state approved explosivesto the public during the period authorized under Section 53-7-225.
(16) "Special effects" means a visual or audible effect caused by chemical mixtures thatproduce a controlled, self-sustaining, and self-controlled exothermic chemical reaction thatresults in heat, gas, sound, or light and may also create an illusion.
(17) "Special effects operator" means a person licensed under Section 53-7-223 who isresponsible for setting up, permits, overseeing assistants and support personnel, analyzingpotential hazards, setting clearances, and discharging pyrotechnic devices, either indoor oroutdoor, where the audience is allowed to be in closer proximity to the pyrotechnic devices thanthe audience separation distance generally required for display fireworks.
(18) "Trick noisemaker" includes a:
(a) tube or sphere containing pyrotechnic composition that produces a white or coloredsmoke as its primary effect when ignited; and
(b) device that produces a small report intended to surprise the user, including a:
(i) "booby trap," which is a small tube with a string protruding from both ends thatignites the friction sensitive composition in the tube when the string is pulled;
(ii) "snapper," which is a small paper-wrapped device containing a minute quantity ofexplosive composition coated on bits of sand that explodes producing a small report;
(iii) "trick match," which is a kitchen or book match coated with a small quantity ofexplosive or pyrotechnic composition that produces a small shower of sparks when ignited;
(iv) "cigarette load," which is a small wooden peg coated with a small quantity ofexplosive composition that produces a small report when ignited; and
(v) "auto burglar alarm," which is a tube that:
(A) contains pyrotechnic composition that produces a loud whistle and smoke whenignited;
(B) may contain a small quantity of explosive to produce a small explosive noise; and
(C) is ignited by a squib.
(19) "Unclassified fireworks" means:
(a) a pyrotechnic device that is used, given away, or offered for sale, that has not beentested, approved, and classified by the United States Department of Transportation;
(b) an approved device that has been altered or redesigned since obtaining approval bythe United States Department of Transportation; and
(c) a pyrotechnic device that is being tested by a manufacturer, importer, or wholesalerbefore receiving approval by the United States Department of Transportation.
(20) "Wholesaler" means:
(a) a person who sells class C common state approved explosives to a retailer; or
(b) a person who sells class B explosives or class C dangerous explosives for display use.
Amended by Chapter 61, 2010 General Session
Amended by Chapter 310, 2010 General Session