53-7 - Utah Fire Prevention and Safety Act
Title 53 > 53-7
Sections (68)
State Fire Marshal Division Administration
53-7-101 - Short title.
This chapter is known as the “Utah Fire Prevention and Safety Act.”
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-102 - Definitions.
As used in this chapter:
(1) “Board” means the Utah Fire Prevention Board created in Section 53-7-203, except as provided in Part 3, Liquefied Petroleum Gas Act.
(2) “Director” means the state fire marshal appointed in accordance with Section 53-7-103.
(3) “Division” means the State Fire Marshal Division created in Section 53-7-103.
(4) “Fire officer” means: the state fire marshal;the state fire marshal’s deputies or salaried assistants;the fire chief or fire marshal of any county, city, or town fire department;the fire officer of any fire district;the fire officer of any special service district organized for fire protection purposes; andauthorized personnel of any of the persons specified in Subsections (4)(a) through (e).
(5) “State fire code” means the code adopted under Section 15A-1-403.
(6) “State fire marshal” means the fire marshal appointed director by the commissioner under Section 53-7-103.
Amended by Chapter 14, 2011 General Session
53-7-103 - State Fire Marshal Division — Creation — State fire marshal — Appointment, qualifications, duties, and compensation.
(1) There is created within the department the State Fire Marshal Division.
(2) The director of the division is the state fire marshal, who shall be appointed by the commissioner upon the recommendation of the Utah Fire Prevention Board created in Section 53-7-203 and with the approval of the governor.The state fire marshal is the executive and administrative head of the division, and shall be qualified by experience and education to:enforce the state fire code;enforce rules made under this chapter; andperform the duties prescribed by the commissioner.
(3) The state fire marshal acts under the supervision and control of the commissioner and may be removed from the position at the will of the commissioner.
(4) The state fire marshal shall: enforce the state fire code and rules made under this chapter in accordance with Section 53-7-104;complete the duties assigned by the commissioner;examine plans and specifications for school buildings, as required by Section 53E-3-706;approve criteria established by the state superintendent for building inspectors;promote and support injury prevention public education programs; andperform all other duties provided in this chapter.
(5) The state fire marshal shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
53-7-104 - Enforcement of state fire code and rules — Division of authority and responsibility.
(1) The authority and responsibility for enforcing the state fire code and rules made under this chapter is divided as provided in this section.
(2) The fire officers of any city or county shall enforce the state fire code and rules of the state fire marshal in their respective areas.
(3) The state fire marshal may enforce the state fire code and rules in: areas outside of corporate cities, fire protection districts, and other special districts or special service districts organized for fire protection purposes;state-owned property, school district owned property, and privately owned property used for schools located within corporate cities and county fire protection districts, asylums, mental hospitals, hospitals, sanitariums, homes for the aged, residential health-care facilities, children’s homes or institutions, or similar institutional type occupancy of any capacity; andcorporate cities, counties, fire protection districts, and special service districts organized for fire protection purposes upon receiving a request from the chief fire official or the local governing body.
Amended by Chapter 16, 2023 General Session
53-7-105 - State fire marshal, deputies, and investigators — Status of law enforcement officers — Inclusion in Public Safety Retirement — Training.
(1) The state fire marshal, his deputies, and investigators, for the purpose of enforcing and investigating violations of fire related statutes and ordinances, have the status of law enforcement officers.
(2) Inclusion under Title 49, Chapter 14, Public Safety Contributory Retirement Act, Title 49, Chapter 15, Public Safety Noncontributory Retirement Act, or Title 49, Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act, is not authorized by Subsection (1) except as provided in those chapters.
(3) The commissioner, with the concurrence of the Peace Officer Standards and Training Advisory Board may require peace officer standards and training for the state fire marshal, his deputies, and investigators.
Amended by Chapter 266, 2010 General Session
53-7-107 - Electronic writing.
(1) Any writing required or permitted by this chapter may be filed or prepared in an electronic medium and by electronic transmission subject to the ability of the recipient to accept and process the electronic writing.
(2) Any writing required by this chapter to be signed that is in an electronic medium shall be signed by electronic signature in accordance with Title 46, Chapter 4, Uniform Electronic Transactions Act.
Amended by Chapter 21, 2006 General Session
Fire Prevention and Fireworks Act
53-7-201 - Short title.
This part is known as the “Fire Prevention and Fireworks Act.”
Enacted by Chapter 234, 1993 General Session
53-7-202 - Definitions.
As used in this part:
(1) “Agricultural and wildlife fireworks” means a division 1.4G dangerous explosive that:uses sound or light when deployed; andis designated to prevent crop damage or unwanted animals from entering a specified area.
(2) “Commercial cooking appliance fire suppression system”:means an automatic or manual fire protection system designed for commercial cooking appliances, exhaust hoods, and ducts; andincludes a commercial kitchen exhaust system attached to a fire suppression system that is designed to remove smoke, soot, toxic gases, and grease-laden vapor resulting from cooking operations.
(3) “Display fireworks” means large firework devices that consist of explosive materials that are intended for use in outdoor aerial fireworks displays to produce visible or audible effects by combustion, deflagration, or detonation.”Display fireworks” includes aerial shells, salutes, roman candles, flash shells, comets, mines, and other similar explosives.
(4) “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.”Display operator” does not mean a fire department.
(5) “Division 1.4G common state approved explosive” means a firework that:is purchased at retail for use by a consumer; andis not a division 1.4G dangerous explosive.
(6) “Division 1.4G dangerous explosive” means a division 1.4G explosive that is:a firecracker, cannon cracker, ground salute, M-80, cherry bomb, or other similar explosive;a skyrocket;a missile type rocket;a single shot or reloadable aerial shell; ora rocket similar to an item described in Subsection (6)(a)(ii)(A), (B), or (C), including an aerial salute, a flash shell, a comet, a mine, or a cake containing more than 500 grams of pyrotechnic composition; ora bottle rocket;a roman candle;a rocket mounted on a wire or stick; ora device containing a rocket described in this Subsection (6)(a)(iii).”Division 1.4G dangerous explosive” does not mean an exempt explosive.
(7) “Division 1.1G explosive” means an explosive described in 49 C.F.R. Sec. 173.50 (b)(1).
(8) “Division 1.2G explosive” means an explosive described in 49 C.F.R. Sec. 173.50 (b)(2).
(9) “Division 1.3G explosive” means an explosive described in 49 C.F.R. Sec. 173.50(b)(3).
(10) “Division 1.4G explosive” means an explosive described in 49 C.F.R. Sec. 173.50 (b)(4).
(11) “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.
(12) “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.
(13) “Fire extinguisher” means a portable or stationary device that discharges water, foam, gas, or other material to extinguish a fire.
(14) “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.
(15) “Fireworks” means:a division 1.4G explosive;a division 1.4G dangerous explosive; anda division 1.4G common state approved explosive.”Fireworks” does not mean:an exempt explosive; ora division 1.1G explosive, a division 1.12 explosive, or a division 1.3G explosive.
(16) “Flame effects” means the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience.
(17) “Flame effects operator” means a person licensed under Section 53-7-223 who, regarding flame effects, is responsible for:storage, setup, operations, teardown, devices, equipment, overseeing assistants and support personnel, and preventing accidental discharge; andcompletion of the sequence of control system functions that release the fuel for ignition to cause combustion and create the flame effects.”Flame effects operator” does not include a person who participates in a meeting, as limited under Subsection (16)(b)(ii), with other persons solely to receive training, to practice, or provide instruction regarding flame effects performance.A meeting under Subsection (16)(b)(i) may include a nonpaying and unsolicited audience of not more than 25 persons.
(18) “Importer” means a person who brings division 1.2G explosives, division 1.3G explosives, or division 1.4G explosives into the state for the general purpose of:resale or use within the state; orexportation to other states.
(19) “Pyrotechnic” means any composition or device manufactured or used to produce a visible or audible effect by combustion, deflagration, or detonation.”Pyrotechnic” does not mean exempt explosives.
(20) “Retail seller” means a person who sells division 1.4G common state approved explosives to the public during the period authorized under Section 53-7-225.
(21) “Service” means the inspection, maintenance, repair, modification, testing, or cleaning of an automatic fire suppression system.
(22) “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.
(23) “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.
(24) “Trick noisemaker” includes a:tube or sphere containing pyrotechnic composition that produces a white or colored smoke as its primary effect when ignited; anddevice that produces a small report intended to surprise the user, including a:“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;“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;“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;“cigarette load,” which is a small wooden peg coated with a small quantity of explosive composition that produces a small report when ignited; and”auto burglar alarm,” which is a tube that:contains pyrotechnic composition that produces a loud whistle and smoke when ignited;may contain a small quantity of explosive to produce a small explosive noise; andis ignited by a squib.
(25) “Unclassified fireworks” means: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;an approved device that has been altered or redesigned since obtaining approval by the United States Department of Transportation; anda pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler before receiving approval by the United States Department of Transportation.
(26) “Wholesaler” means:a person who sells division 1.4G common state approved explosives to a retailer; ora person who sells division 1.2G explosives, division 1.3G explosives, or division 1.4G explosives for display use.
Amended by Chapter 343, 2024 General Session
53-7-203 - Utah Fire Prevention Board — Creation — Members — Terms — Selection of chair and officers — Quorum — Meetings — Compensation — Division’s duty to implement board rules.
(1) There is created within the division the Utah Fire Prevention Board.
(2) The board shall be nonpartisan and be composed of 11 members appointed by the governor as follows:a licensed architect;a licensed engineer;a member of the Utah State Firemen’s Association;the state forester or the state forester’s designee;a member of the Utah State Fire Chiefs Association;a member of the Utah Fire Marshal’s Association;a building inspector;a citizen appointed at large;a fire executive appointed from a full-time fire department in a county of the first class;a fire executive appointed from a full-time fire department in a county of the second class; anda fire executive appointed from a fire department in a county of the third, fourth, fifth, or sixth class.
(3) Except as required by Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) A member whose term has expired may continue to serve until a replacement is appointed pursuant to Subsection (3).
(6) The board shall select from its members a chair and other officers as the board finds necessary.
(7) A majority of the members of the board is a quorum.
(8) The board shall hold regular semiannual meetings for the transaction of its business at a time and place to be fixed by the board and shall hold other meetings as necessary for proper transaction of business.
(9) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with: Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(10) The division shall implement rules made by the board under Section 53-7-503 and perform all other duties delegated by the board.
Amended by Chapter 186, 2016 General Session
53-7-204 - Duties of Utah Fire Prevention Board — Unified Code Analysis Council — Local administrative duties.
(1) The board shall:administer the state fire code as the standard in the state;subject to the state fire code, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:establishing standards for the prevention of fire and for the protection of life and property against fire and panic in any:publicly owned building, including all public and private schools, colleges, and university buildings;building or structure used or intended for use as an asylum, a mental hospital, a hospital, a sanitarium, a home for the elderly, an assisted living facility, a children’s home or day care center, or any building or structure used for a similar purpose; orplace of assemblage where 50 or more persons may gather together in a building, structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;establishing safety and other requirements for placement and discharge of display fireworks on the basis of:the state fire code; andrelevant publications of the National Fire Protection Association;establishing safety standards for retail storage, handling, and sale of a division 1.4G common state approved explosive;defining methods to establish proof of competence to place and discharge display fireworks, special effects fireworks, and flame effects;subject to Subsection (2), creating a uniform statewide policy regarding a state, county, special district, and local government entity’s safe seizure, storage, and repurposing, destruction, or disposal of a division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or division 1.4G explosive that:is illegal; ora person uses or handles in an illegal manner;deputizing qualified persons to act as deputy fire marshals, and to secure special services in emergencies;implementing Section 15A-1-403;establishing criteria for the certification of firefighters, pump operators, instructors, fire officers, fire investigators, and rescue personnel not certified or licensed under any other section of the Utah Code;establishing criteria for training and safety equipment grants for fire departments enrolled in firefighter certification;establishing ongoing training standards for hazardous materials emergency response agencies;establishing criteria for the fire safety inspection of a food truck; andestablishing criteria for the accreditation and reaccreditation of fire service training organizations;recommend to the commissioner a state fire marshal;develop policies under which the state fire marshal and the state fire marshal’s authorized representatives will perform;provide for the employment of field assistants and other salaried personnel as required;prescribe the duties of the state fire marshal and the state fire marshal’s authorized representatives;provide technical expertise, advice, and support to Utah Valley University in the establishment and operation of the fire and rescue training program described in Section 53H-4-705;establish a statewide fire statistics program for the purpose of gathering fire data from all political subdivisions of the state;coordinate the efforts of all people engaged in fire suppression in the state;work aggressively with the local political subdivisions to reduce fire losses;regulate the sale and servicing of portable fire extinguishers and automatic fire suppression systems in the interest of safeguarding lives and property;establish a certification program for persons who inspect and test automatic fire sprinkler systems;establish a certification program for persons who inspect and test fire alarm systems;establish a certification for persons who provide response services regarding hazardous materials emergencies;in accordance with Sections 15A-1-403 and 68-3-14, submit a written report to the Business and Labor Interim Committee; andjointly create the Unified Code Analysis Council with the Uniform Building Code Commission in accordance with Section 15A-1-203.
(2) In the rules that the board makes under Subsection (1)(b)(v), the board shall include a provision prohibiting a state, county, special district, or local government entity from disposing of an item described in Subsection (1)(b)(v) by means of open burning, except under circumstances described in the rule.When making a rule under Subsection (1)(b)(v), the board shall:review and include applicable references to:requirements described in Title 15A, Chapter 5, State Fire Code Act; andprovisions of the International Fire Code; andconsider the appropriate role of the following in relation to the rule:the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; anda firework wholesaler or distributor.
(3) The board may incorporate in its rules by reference, in whole or in part:the state fire code; orsubject to the state fire code, a nationally recognized and readily available standard pertaining to the protection of life and property from fire, explosion, or panic.
(4) The following functions shall be administered locally by a city, county, or fire protection district:issuing permits, including open burning permits pursuant to Sections 11-7-1 and 19-2-114;creating a local board of appeals in accordance with the state fire code; andsubject to the state fire code and the other provisions of this chapter, establishing, modifying, or deleting fire flow and water supply requirements.
Amended by Chapter 9, 2025 Special Session 1
53-7-204.2 - Fire Prevention Support Account — Funding.
.2(1) As used in this section: “Account” means the Fire Prevention Support Account created in Subsection (2).”Property insurance premium” means premium paid as consideration for property insurance as defined in Section 31A-1-301.
.2(2) To provide a funding source for the general operation of the division, there is created in the General Fund a restricted account known as the Fire Prevention Support Account.The following revenue shall be deposited in the account to implement this section:the percentage specified in Subsection (3) of the annual tax for each year that is levied, assessed, and collected under Title 59, Chapter 9, Taxation of Admitted Insurers, upon property insurance premiums and as applied to fire and allied lines insurance collected by insurance companies within the state;the percentage specified in Subsection (4) of all money assessed and collected upon life insurance premiums within the state;appropriations made by the Legislature; andmoney collected from civil penalties in accordance with Section 53-7-504.
.2(3) The percentage of the tax specified in Subsection (2)(b)(i) to be deposited in the account each fiscal year is 25%.
.2(4) The percentage of the money specified in Subsection (2)(b)(ii) to be deposited in the account each fiscal year is 5%.
Amended by Chapter 403, 2020 General Session
53-7-206 - Equipment for new fire protection systems — Standard equipment.
All equipment for fire protective purposes, purchased in connection with the installation of completely new fire protection systems by any authorities having charge of public property, shall be equipped with the standard hydrant stem and cap nuts and standard threads for fire hose and fire hydrant couplings and fittings designated as the national standard, as adopted by the board, which standard is designated as the standard for the equipment in the state.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-207 - Selling or offering for sale nonstandard equipment unlawful — Exception.
(1) A person may not sell or offer for sale any fire hose, fire hydrant, fire engine, or other equipment with threaded parts unless the equipment is fitted and equipped with the threads designated as national standard and adopted by the board and designated by law as the standard of the equipment in the state.
(2) Subsection (1) does not apply to: equipment sold or offered for sale to a local governing body for the purposes of maintaining, repairing, replacing, or extending existing fire protection equipment as provided in Section 11-4-2; andadapters and caps for fire protective purposes.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-208 - Penalty and punishment.
Any person who violates Sections 53-7-206 and 53-7-207 , requiring standard equipment, is guilty of a class B misdemeanor.
Amended by Chapter 274, 2013 General Session
53-7-209 - Inspection of buildings by officials — Review of residential inspections.
(1) As used in this section, “International Fire Code” means the edition of the International Fire Code adopted by the Legislature with the amendments and additions in the State Fire Code.
(2) A fire chief or officer may enter a building or premises not used as a private dwelling at any reasonable hour to inspect the building or premises and enforce the rules made under this part and the state fire code.
(3) The owner, lessee, manager, or operator of a building or premises not used as a private dwelling shall permit inspections under this section.
(4) Subject to Subsection (4)(b), a county, city, or town shall, by ordinance, provide for review of an inspection conducted by the county’s, city’s, or town’s fire chief or officer for a single-family residence within 30 days of the notice of the fire code compliance inspection.Upon request by a person who owns or is building a single-family residence, a chief executive officer of the county, city, or town in which is located the single-family residence, or the chief executive officer’s designee, shall, with reasonable diligence, review an inspection described in Subsection (4)(a) to determine whether the inspection constitutes a fair administration of the State Fire Code.A review described in this section:is separate and unrelated to an appeal under the International Fire Code;may not be used to review a matter that may be brought by appeal under the International Fire Code;may not result in the waiver or modification of a State Fire Code requirement or standard; anddoes not prohibit a person from bringing an appeal under the International Fire Code.A person who seeks a review described in this Subsection (4) may not be prohibited by preclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal under the International Fire Code on the grounds that the person raised the issue or brought the claim in the review described in this section.
Amended by Chapter 260, 2011 General Session
53-7-210 - Fire investigations by local officers — Notification to division.
(1) The chief fire officer of any city, town, or county fire department, or of any fire district or special service district organized for fire protection purposes, or his authorized representative shall investigate the cause, origin, and circumstances of each fire occurring in his jurisdiction when property has been destroyed or damaged.
(2) The fire officer shall: begin the investigation immediately after the occurrence of the fire; andattempt to determine, among other things, whether the fire was the result of carelessness or of design.
(3) If the fire officer making this investigation determines that the fire appears to be suspicious, or of unknown origin, the officer may notify the division to request assistance.
Amended by Chapter 25, 2001 General Session
53-7-211 - Fire investigations by fire marshal.
(1) If the division is of the opinion that further investigation of a fire is necessary, the state fire marshal, or the state marshal’s deputy or representative, may:join the investigation in cooperation with the fire officers who have been conducting it;upon the request of the chief fire official of the political subdivision, assume control of the investigation and direct it; orconduct an independent investigation if necessary.
(2) A fire officer who has conducted or is conducting the investigation shall cooperate in every possible way with the state fire marshal, the state fire marshal’s deputy, and the state fire marshal’s representative to further the purpose of the investigation.
(3) The county attorney or district attorney of the county in which the fire occurred shall, upon the request of the state fire marshal, or the state fire marshal’s deputy or representative, assist in the investigation.
Amended by Chapter 302, 2025 General Session
53-7-212 - Powers of fire marshal in respect to investigation.
In investigating any fire the state fire marshal and the state fire marshal’s deputy may:
(1) subpoena witnesses;
(2) compel their attendance and testimony; and
(3) require the production of books, papers, documents, records, and other tangible items that constitute or may contain evidence relevant to the investigation in the judgment of the state fire marshal or the state fire marshal’s deputy.
Amended by Chapter 302, 2025 General Session
53-7-213 - Criminal charges resulting from investigation — Procedure.
If the state fire marshal, or the state fire marshal’s deputy or representative, or any other officer participating in the investigation of any fire believes that there is evidence sufficient to charge a person with arson, burning with intent to defraud or prejudice the insurer, or a similar crime, the officer participating in the investigation shall furnish the county attorney or district attorney of the county in which the crime occurred with evidence and request the county attorney or district attorney to commence the proper procedures to charge the person with the appropriate crime.
Amended by Chapter 302, 2025 General Session
53-7-214 - Insurance company reports of fires.
(1) The state fire marshal, the state fire marshal’s deputy, and investigator may, in writing, require any insurance company transacting business in this state to release to the state fire marshal all relevant information or evidence found important by the state fire marshal, the state fire marshal’s deputy, and investigator that the company may have in its possession, relating to any fire loss in this state in which the company has an insuring interest. Relevant information includes:insurance policy information related to a fire loss under investigation and any application for the policy;available policy premium payment records;history of previous claims made by the insured; andmaterial relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence related to the investigation.
(2) Every insurance company transacting business in the state must file with the division a report of any fire of suspicious origin.The report shall show:the name of the insured;the location of the property burned;the probable cause of the fire;the occupancy of the property burned;the construction of the building or structure burned;the market value of the property involved;the actual loss;the insurance carried;the insurance paid;the apportionment of loss where more than one company was on the risk; andif a motor vehicle or building is involved in any fire loss, a description of the motor vehicle or building.In case of a fire of suspicious or incendiary origin, a preliminary report shall be made immediately through some officer or representative of the insurance company, showing:the name of the insured;the date of the fire;the location;occupancy; andother facts and circumstances tending to establish the cause or origin of the fire.
(3) All persons making an adjustment occasioned by a loss due to a fire of suspicious or incendiary origin in this state shall, upon written request, send to the division a copy of the final adjustment immediately after the adjustment is made, signed by the person making the adjustment.
(4) Any insurance company or person acting in its behalf or any person making adjustments occasioned by a loss due to fire who releases information, whether oral or written, pursuant to Subsection (1), (2), or (3) is immune from any liability for the release of this information arising out of a civil action or penalty resulting from a criminal prosecution.
Amended by Chapter 302, 2025 General Session
53-7-215 - Portable fire extinguishers — Persons not subject to part.
(1) The filling or charging of portable fire extinguishers prior to initial sale by the manufacturer is not subject to this part.
(2) Any firm that maintains its own fully equipped and specially staffed fire prevention, fire protection, and fire extinguisher servicing facilities is not subject to the licensing provisions of this part if it services only its own portable fire extinguishers.
(3) Individuals shall maintain a current certificate of registration.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-216 - Portable fire extinguishers and fire suppression systems — Certification and licensure required to service.
(1) Each firm engaged in the business of servicing portable fire extinguishers or automatic fire suppression systems that automatically detect fire and discharge an approved fire extinguishing agent onto or in the area of the fire shall be licensed by the state fire marshal.
(2) Each person who services portable fire extinguishers or fire suppression systems that discharge an approved fire extinguishing agent onto or in the area of the fire shall be certified by the state fire marshal.
(3) The board shall by rule prescribe an application form and standards for licensure or certification qualification and for renewal and revocation.
(4) Applicants for licensure or certification shall: submit a written application on the form prescribed by the board;provide evidence of competency as required by the board; andsubmit the fee established under Subsection (5).
(5) The board may establish a fee under Section 63J-1-504 to be paid upon application for licensure or certification.
(6) This section does not apply to standpipe systems, deluge systems, or automatic fire sprinkler systems.
Amended by Chapter 247, 2013 General Session
53-7-217 - Portable fire extinguishers — Permit required to perform hydrostatic testing.
Each firm performing hydrostatic testing of portable fire extinguishers shall:
(1) perform the tests in accordance with the specifications of the United States Department of Transportation for compressed gas cylinders; and
(2) obtain a permit from the division by applying in writing on forms provided by the division.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-218 - Portable fire extinguishers — Sale or lease without approval prohibited.
A portable fire extinguisher may not be sold or leased in the state unless it is approved, labeled, or listed by a nationally recognized testing laboratory approved by the division as qualified to test portable fire extinguishers.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-219 - Portable fire extinguishers — Hearings authorized.
The state fire marshal may conduct hearings or proceedings concerning the renewal, revocation, or refusal to issue permits.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-220 - Short title.
Sections 53-7-220 through 53-7-225 are known as the “Utah Fireworks Act.”
Enacted by Chapter 234, 1993 General Session
53-7-221 - Exceptions from Utah Fireworks Act.
(1) Sections 53-7-220 through 53-7-225 do not apply to a division 1.1G explosive, a division 1.2G explosive, a division 1.3G explosive, or a division 1.4G explosive that is not for use in the state, but is manufactured, stored, warehoused, or in transit for destinations outside of the state.
(2) Sections 53-7-220 through 53-7-225 do not supersede Section 23A-2-208, regarding use of fireworks and explosives by the Division of Wildlife Resources and federal game agents.
(3) Section 53-7-225 does not supersede Section 65A-8-212 regarding the authority of the state forester to close hazardous areas.
Amended by Chapter 343, 2024 General Session
53-7-222 - Restrictions on the sale or use of fireworks.
(1) Except as provided in Subsection (1)(b), a division 1.4G dangerous explosive may not be possessed, discharged, sold, or offered for retail sale.The following persons may purchase, possess, or discharge a division 1.4G dangerous explosive:display operators and special effects operators who receive a license from the division in accordance with Section 53-7-223 and approval from their local licensing authority in accordance with Section 11-3-3.5; andoperators approved by the Division of Wildlife Resources or Department of Agriculture and Food to discharge agricultural and wildlife fireworks.Importers and wholesalers licensed under Section 53-7-224 may possess, sell, and offer to sell division 1.4G dangerous explosives.
(2) Unclassified fireworks may not be sold, or offered for sale.
Amended by Chapter 343, 2024 General Session
53-7-223 - State license for display operators, special effects operators, and flame effects operators — Permit — Fee — Division duties — Revocation.
(1) A person may not purchase or possess display fireworks, special effects fireworks, or flame effects, or discharge any of them in public unless the person has obtained the appropriate license from the division, except under Subsection (1)(b).Subsection (1)(a) does not apply to any person who participates in a meeting, as limited under Subsection (1)(b)(ii), with other persons solely to receive training, to practice, or provide instruction regarding flame effects performance.A meeting under Subsection (1)(b)(i) may include a nonpaying and unsolicited audience of not more than 25 persons.
(2) The division shall: issue an annual license to any display operator, special effects operator, or flame effects operator who:applies for the permit;pays the fee set in accordance with Section 63J-1-504;demonstrates proof of competence; andcertifies that the operator will comply with board rules governing placement and discharge of fireworks or flame effects;provide the licensee with a copy of the rules governing placement and discharge of fireworks or flame effects made under Section 53-7-204; andtogether with county and municipal officers enforce Sections 53-7-220 through 53-7-225.
(3) The division may: revoke a license issued under this section for cause;seize display and special effects fireworks, fireworks, and unclassified fireworks that are offered for sale, sold, or in the possession of an individual in violation of Sections 53-7-220 through 53-7-225;prevent or stop the use of flame effects that is unlawful or that is endangering persons or property; andcreate application and certification forms.
Amended by Chapter 417, 2018 General Session
53-7-224 - Licensing importers and wholesalers — Fee.
The division shall:
(1) annually license each importer and wholesaler of pyrotechnic devices; and
(2) charge an annual license fee set in accordance with Section 63J-1-504.
Amended by Chapter 417, 2018 General Session
53-7-225 - Times for sale and discharge of fireworks — Criminal penalty — Permissible closure of certain areas — Maps and signage.
(1) Except as provided in Section 53-7-221, this section supersedes any other code provision regarding the sale or discharge of fireworks.
(2) Except as provided in Subsection (2)(b), a person may sell a division 1.4G common state approved explosive in the state as follows:beginning on June 24 and ending on July 25;beginning on December 29 and ending on December 31; andtwo days before and on the Chinese New Year’s eve.The restrictions in Subsection (2)(a) do not apply to:online sales to a person outside the state for use outside the state; orsales to persons described in Subsection 53-Ch53_7|53-7-222](b)(i)(A).
(3) A person may not discharge a division 1.4G common state approved explosive in the state except as follows:between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the hours are 11 a.m. to midnight:beginning on July 2 and ending on July 5; andbeginning on July 22 and ending on July 25;beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day; orif New Year’s eve is on a Sunday and the county or municipality determines to celebrate New Year’s eve on the prior Saturday, then a person may discharge a division 1.4G common state approved explosive on that prior Saturday within the county or municipality;between the hours of 11 a.m. and 11 p.m. on January 1; andbeginning at 11 a.m. on the Chinese New Year’s eve and ending at 1 a.m. on the following day.
(4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the person discharges a division 1.4G common state approved explosive:outside the legal discharge dates and times described in Subsection (3); orin an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
(5) Except as provided in Subsection (5)(b) or (c), a county, a municipality, or the state forester may not prohibit a person from discharging a division 1.4G common state approved explosive during the permitted periods described in Subsection (3).As used in this Subsection (5)(b), “negligent discharge”:means the improper use and discharge of a division 1.4G common state approved explosive; anddoes not include the date or location of discharge or the type of explosive used.A municipality may prohibit:the discharge of a division 1.4G common state approved explosive in certain areas with hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b); orthe negligent discharge of a division 1.4G common state approved explosive.A county may prohibit the negligent discharge of a division 1.4G common state approved explosive.The state forester may prohibit the discharge of a division 1.4G common state approved explosive as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.
(6) If a municipal legislative body or the state forester provides a map to a county identifying an area in which the discharge of fireworks is prohibited due to a historical hazardous environmental condition under Subsection 15A-5-202.5(1)(b), the county shall, before June 1 of that same year:create a county-wide map, based on each map the county has received, indicating each area within the county in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b);provide the map described in Subsection (6)(a) to:each retailer that sells fireworks within the county; andthe state fire marshal; andpublish the map on the county’s website.
(7) A retailer that sells fireworks shall display:a sign that:is clearly visible to the general public in a prominent location near the point of sale;indicates the legal discharge dates and times described in Subsection (3); andindicates the criminal charge and fine associated with discharge:outside the legal dates and times described in Subsection (3); andwithin an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b); andthe map that the county provides, in accordance with Subsection (6)(b).
Amended by Chapter 18, 2025 General Session
53-7-225.1 - Civil liability.
.1(1) An individual who negligently, recklessly, or intentionally causes or spreads a fire through discharge of a division 1.4G explosive is liable for the cost of suppressing that fire and any damages the fire causes.If the individual described in Subsection (1)(a) is a minor, the parent or legal guardian having legal custody of the minor is liable for the costs and damages for which the minor is liable under this section.A court may waive part or all of the parent or guardian’s liability for damages under Subsection (1)(b) if the court finds:good cause; andthat the parent or legal guardian:made a reasonable effort to supervise and direct the minor; orin the event the parent or guardian knew in advance of the negligent, reckless, or intentional conduct described in Subsection (1)(a), made a reasonable effort to restrain the minor.
.1(2) The conduct described in Subsection (1) includes any negligent, reckless, or intentional conduct, regardless of whether:the person discharges a division 1.4G common state approved explosive:within the permitted time periods described in Subsection 53-7-225(3); orin an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or (c); orthe fire begins on:private land;land owned by the state or a political subdivision of the state;federal land; ortribal land.Discharging a division 1.4G explosive in an area in which fireworks are prohibited due to hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b), constitutes the negligent, reckless, or intentional conduct described in Subsection (1).
.1(3) A person who incurs costs to suppress a fire described in Subsection (1) may bring an action under this section to recover those costs against an individual described in Subsection (1).
.1(4) A person who suffers damage from a fire described in Subsection (1) may:bring an action under this section for those damages against an individual described in Subsection (1); andpursue all other legal remedies in addition to seeking damages under Subsection (4)(a).
Amended by Chapter 18, 2025 General Session
53-7-225.5 - Inspection and testing of automatic fire sprinkler systems — Certification required.
.5(1) Each person engaged in the inspection and testing of automatic fire sprinkler systems shall be certified by the state fire marshal.
.5(2) The board shall by rule prescribe an application form and standards for certification qualification and for renewal and revocation.
.5(3) Applicants for certification as an automatic fire sprinkler system inspector and tester shall: submit a written application on the form prescribed by the board;provide evidence of competency as required by the board; andsubmit the fee established under Subsection (4).
.5(4) The board may establish an application fee under Section 63J-1-504.
Amended by Chapter 183, 2009 General Session
53-7-225.6 - Inspection and testing of fire alarm systems — Certification and exceptions.
.6(1) Each person, other than fire and building inspectors and electricians licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, engaged in the inspection and testing of fire alarm systems shall be certified by the state fire marshal.The board shall by administrative rule prescribe:an application form; andstandards for certification qualification and for renewal and revocation.
.6(2) Applicants for certification as a fire alarm system inspector and tester shall: submit a written application on the form prescribed by the board;provide evidence of competency as required by the board; andsubmit the fee established under Subsection (3).
.6(3) The board may establish an application fee under Section 63J-1-504.
Amended by Chapter 183, 2009 General Session
53-7-226 - Violations — Misdemeanor.
A person is guilty of a class B misdemeanor if he:
(1) violates this part;
(2) violates any order made under this part;
(3) produces, reproduces, or uses the official seal of registration of the division in any manner or for any purpose inconsistent with the designated purpose of the seal;
(4) removes, uses, or damages service tags or other labels or markings in a manner inconsistent with the designated use of the service tag;
(5) engages in the sale, storage, or handling of division 1.4G common state approved explosives without a permit where a local government requires a permit;
(6) sells at retail, transports, possesses, or discharges division 1.4G dangerous explosives;
(7) performs or intends to perform services or induces the public to enter into any obligation relating to the performance of those services that are untrue, misleading, or reasonably known to be untrue or misleading; or
(8) builds in violation of the division’s plan review or written instructions conducted on building specifications, building plans, or amendments of those specifications or plans as required under this part.
Amended by Chapter 343, 2024 General Session
Liquefied Petroleum Gas Act
53-7-301 - Short title.
This part is known as the “Liquefied Petroleum Gas Act.”
Enacted by Chapter 234, 1993 General Session
53-7-302 - Definitions.
As used in this part:
(1) “Board” means the Liquefied Petroleum Gas Board created in Section 53-7-304.
(2) “Container” means any vessel, including cylinders, tanks, portable tanks, and cargo tanks used for transporting or storing liquefied petroleum gases, except containers subject to regulation and inspection by the Department of Transportation and under federal laws or regulations.
(3) “Distributor” means any person engaged in the distribution of liquefied petroleum gas, either wholesale or retail, including a commercial carrier, as identified by the Department of Transportation or the Interstate Commerce Commission, who transports or hauls liquefied petroleum gas that is to be distributed or sold within this state.
(4) “Enforcing authority” means the division, the municipal or county fire department, another fire-prevention agency acting within its jurisdiction, or the building official of any city or county and his authorized representatives.
(5) “Final consumer” means an individual or business who is the ultimate user of LPG.
(6) “Gas appliance” means any device that uses liquefied petroleum gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning.
(7) “Installer” means any person who has satisfactorily passed an examination under the supervision of the board, testing his knowledge and ability to install or properly repair domestic systems, industrial systems, liquefied petroleum gas carburetion systems, bulk plant systems, standby plant systems, or other similar systems, and who holds an installer’s certificate under this part.
(8) “Licensee” means a person licensed by the board to engage in the liquefied petroleum gas business.
(9) “Liquefied petroleum gas” means any material having a vapor pressure not exceeding that allowed for commercial propane and composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane, normal butane, or isobutane, and butylene, including isomers.
(10) “Liquefied petroleum gas carburetion system” means any carburetion system using liquefied petroleum gas as a fuel in a motor vehicle.
(11) “Liquefied petroleum gas fueling system” means an assembly consisting of compressors, containers, piping, and other delivery devices for the purpose of dispensing liquefied petroleum gas for use as a fuel in a motor vehicle.
(12) “LPG” means liquefied petroleum gas.
(13) “Person” means any individual, firm, partnership, joint venture, association, corporation, estate, trust, or any other group or combination acting as a unit, and includes: a husband, wife, or both where joint benefits are derived from the operation of a business or activity subject to this part; andany state, county, municipality, or other agency engaged in a business or activity subject to this part.
(14) “Red tag” means a card or device, red in color, containing printed notice of the condemnation of a liquefied petroleum gas system as a result of a violation of this part, or any rules or orders made by the board; the tag, when attached to the system, is official notice of condemnation and of the prohibition of further use, so long as the red tag remains lawfully affixed.
(15) “System” means an assembly consisting of one or more containers with a means for conveying LPG from the container or containers to dispensing or consuming devices, either continuously or intermittently, and that incorporates components intended to achieve control of quantity, flow, and pressure or state, either liquid or vapor.
Amended by Chapter 373, 2012 General Session
53-7-303 - Exclusions from part.
This part does not apply to any of the following:
(1) the production, refining, or manufacture of LPG;
(2) the storage, sale, or transportation of LPG by pipeline or railroad tank car by a pipeline company, producer, refiner, or manufacturer;
(3) equipment used by a pipeline company, producer, refiner, or manufacturer in a producing, refining, or manufacturing process or in the storage, sale, or transportation by pipeline or railroad tank car;
(4) any deliveries of LPG to another person at the place of production, refining, or manufacturing;
(5) underground storage facilities other than LPG containers designed for underground use;
(6) refineries, pipeline terminals, or natural gas processing plants.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-304 - Liquefied Petroleum Gas Board — Creation — Composition — Appointment — Terms of officers — Meetings — Compensation.
(1) There is created within the division the Liquefied Petroleum Gas Board.The board is composed of seven members:two Utah fire chiefs or marshals;two members of the general public; andthree members who are representatives of the LPG industry.
(2) The fire chiefs or marshals and the members of the general public shall be appointed by the governor, on a nonpartisan basis.
(3) Members of the board who are representatives of the LPG industry shall have been legal residents of the state for at least one year immediately preceding the date of appointment and have been actively engaged in the LPG industry for a period of at least five years.
(4) The LPG industry representatives shall be appointed by the governor from a list of at least five but no more than the 12 nominees receiving the largest number of votes according to written ballots executed by representatives of the licensees under Subsection (7).
(5) Except as required by Subsection (5)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.Members serve from the date of appointment until a replacement is appointed.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(7) The balloting of licensees shall be conducted by the division.For the appointments, the division shall forward to each licensee an official ballot for each staffed plant or facility held under Section 53-7-309, with instructions for executing the ballot and returning it to the division.The division shall send the official ballot and instructions described in Subsection (7)(b) by:registered or certified United States mail; oremail.
(8) The board shall elect its own chair and vice chair at its first regular meeting each calendar year.All meetings of the board shall be held on a prescribed date, at least quarterly, and at any time a majority of the board members sends a request to the board chair.A majority of the members of the board is a quorum for the transaction of business.
(9) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with: Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 101, 2015 General Session
53-7-305 - Board rulemaking — Notice.
(1) The board shall make rules as reasonably necessary for the protection of the health, welfare, and safety of the public and persons using LPG.The rules shall be in substantial conformity with the generally accepted standards of safety concerning LPG, and shall include the following conditions:the rules relating to safety in the storage, distribution, dispensing, transporting, and use of LPG in this state and in the manufacture, fabrication, assembly, sale, installation, and use of LPG systems, containers, apparatus, or appliances shall be reasonable; andthe rules shall conform as nearly as possible to the standards of the National Fire Protection Association, relating to the design, construction, installation, and use of systems, containers, apparatus, appliances, and pertinent equipment for the storage, transportation, dispensation, and use of LPG.
(2) The board may make rules: setting minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, or using LPG;specifying the odorization of the gases and the degree of odorization;governing LPG distributors and installers and the installation of LPG systems, carburetion systems, and fueling systems; andprescribing maximum container removal rates.
(3) When a proposed rule is filed, the board shall give at least 10 days’ notice to all license applicants and licensees under this chapter by sending a notice of the proposed new, revised, or amended rule together with a notice of hearing to the licensee’s current address on file with the board.Any person affected by rulemaking under this part may submit comment, in a format prescribed by the board, on the rule.A certificate citing the adoption and the effective date of a rule shall be signed by the members comprising a majority of the board.Within 10 days after the adoption of the rule, the board shall send to each license applicant or licensee, at his current address on file, a notice of the adoption of the rule, including its effective date.A facsimile of any member’s signature may be used under this section if authorized by the member.
Amended by Chapter 25, 2001 General Session
53-7-306 - Duties and powers of the board — Fee setting.
(1) The board shall monitor rates charged in the industry for container removal.
(2) The board may: set civil penalties for violation of any rule or order made under this part;in conducting hearings on the issuance or revocation of any license:compel the attendance of witnesses by subpoena;require the production of any records or documents determined by it to be pertinent to the subject matter of the hearing; andapply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, and for failure to attend, testify, or produce required documents;suspend or revoke licenses and refuse renewals of licenses if the applicant or licensee has been guilty of conduct harmful to either the safety or protection of the public;adopt bylaws for its procedures and methods of operation; andat the request of the enforcing authority, grant exceptions from its rules to accommodate local needs as it determines to be in the best interest of public safety or the persons using LPG materials or services.
(3) The board shall, in accordance with Section 53-7-314, establish fees to cover the cost of administering this section.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-307 - Duties of the division.
The division shall:
(1) prescribe the method and form to apply for, or renew, a LPG license or certificate, with the approval of the board;
(2) investigate the experience, reputation, and background of applicants and persons who hold a license or certificate and who are applying for renewal;
(3) recommend to the board issuing, renewing, suspending, revoking, and denying licenses or certificates;
(4) assist the board in conducting hearings in connection with the applications for, renewal of, suspension of, or revocation of, licenses or certificates;
(5) submit to the governor a biennial report before September 1 of each even-numbered year, covering the board’s transactions during the biennium ending June 30 of that year, including a complete statement of the receipts and expenditures of the board during that period;
(6) keep accurate records and minutes of all meetings, which shall be open to public inspection at all reasonable times, and keep a public record of all applications for licenses and licenses issued by the board;
(7) conduct examinations of every license applicant to determine the responsibility, ability, knowledge, experience, or other qualifications of the applicant for a license;
(8) require competency testing for all employees and subcontractors of licensees engaged in transporting or dispensing LPG or installing, servicing, or repairing an LPG fueling or carburetion system under this part;
(9) prepare applications, collect fees, and issue licenses for any facility that handles LPG;
(10) provide for or direct the inspection of the site of any facility that stores, dispenses, services, or handles LPG;
(11) provide inspections to any facility where a qualified authority does not exist; and
(12) prepare and administer examinations, collect fees, and issue LPG certificates to personnel who handle or work with LPG.
Amended by Chapter 247, 2013 General Session
53-7-308 - Licenses and certificates.
A person may not engage in any of the following activities related to LPG unless the person has obtained an authorizing license or certification from the board:
(1) container activities, including the manufacture, assembly, repair, sale, installation, or subframing of containers for use in this state, except that a license is not required for the sale of new containers of 96 pounds water capacity or less;
(2) systems activities, including: the installation, service, or repair of LPG systems for use in this state; andlaying or connecting of pipes and fittings connecting with or to systems or servicing a system and appliances to be used with LPG as a fuel;
(3) appliance activities, including the service, installation, or repair of appliances used or to be used in this state in connection with systems using LPG as a fuel; or
(4) product activities, including the sale, transportation, dispensation, or storage of LPG in this state, except that a license or certification is not required for a person: who sells LPG but does not obtain possessory rights to the product sold; orwhen the product is stored, transferred, or used by the final consumer.
Amended by Chapter 373, 2012 General Session
53-7-309 - Classification of applicants and licensees.
(1) To administer this part, the board shall classify all applicants and licensees as follows: Class 1: a licensed dealer who:is engaged in the business of installing gas appliances or systems for the use of LPG;sells, fills, refills, delivers, or is permitted to deliver any LPG; oris involved under both Subsections (1)(a)(i) and (ii).Class 2: a business engaged in the sale, transportation, and exchange of cylinders, or engaged in more than one of these, but not transporting or transferring gas in liquid.Class 3: a business not engaged in the sale of LPG, but engaged in the sale and installation of gas appliances or LPG systems.Class 4: those businesses not specifically within classification 1, 2, or 3 may at the discretion of the board be issued special licenses.
(2) Any license granted under this section entitles the licensee to operate a staffed plant or facility consistent with the license at one location, which is stated in the license, under Section 53-7-310.For each additional staffed plant or facility owned or operated by the licensee, the licensee shall register the additional location with the board and pay an additional annual fee, to be set in accordance with Section 53-7-314.
Amended by Chapter 324, 2010 General Session
53-7-310 - License specifications and limits.
(1) A license issued under this part shall state the name of the person or persons to whom it is issued.The license shall specify the location, by street and number, of the premises for which it is issued and the particular classification of the license authorizing the type of staffed plant or facility to be conducted.The registration of additional staffed plants or facilities, under Subsection 53-7-309(2), shall specify the location, by street and number, of the premises for which it is issued and the particular classification of the license authorizing the type of business to be conducted.
(2) Any license issued under this part is not transferable by the licensee or licensees to any other person, firm, association, partnership, or corporation, and is valid only for the particular premises and particular persons described on the license.If there is any transfer or change in the ownership, the change shall be reported to the board within 30 days.A license or registration fee paid under this part may not be refunded when any license issued is no longer valid because of:a voluntary transfer of any nature;revocation under this part;death of the holder;insolvency;assignment for the benefit of creditors; orfor any other reason determined by rule of the board.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-311 - Certification of licensees for certain activities.
(1) A person that transports or dispenses LPG or that installs, repairs, or services appliances, containers, equipment, systems, or piping for the use of LPG shall be certified by the division by passing an appropriate examination based on the safety requirements of the board.
(2) A trainee employee is exempt from this examination for 45 working days, and until examined by a representative of the board. A trainee employee, during the 45-day period, shall be supervised by a qualified instructor.Any LPG licensee hiring a trainee shall, within 20 days of the commencement of employment, notify the board, so that an examination may be scheduled. If the trainee fails to pass the examination, the trainee may retake it after additional instruction. Prior to retaking the exam, the trainee shall again be supervised by a qualified instructor.
(3) The board shall establish a reasonable fee in accordance with Section 53-7-314 to cover the costs of administering the examination.All examinations shall be administered by the division.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-312 - Division approval of certain storage system plans — Procedure.
(1) The complete plans and specifications for all systems involving the storage of more than 5,000 water gallons of LPG shall be submitted to the division by a person licensed under this part, and receive approval by the division before installation is started. The plans shall be drawn to scale and contain sufficient detail and clarity as necessary to indicate the nature and character of the proposed system and its compliance with this part.Two copies of the plans shall be submitted to the division and one copy shall be returned to the applicant with approval or disapproval indicated on it.
(2) For dispensing systems for 5,000 water gallons or less of LPG, a detailed sketch or plan shall be submitted to the division by a person licensed under this part, and receive approval by the division before installation is started.Two copies of the plans shall be submitted to the division and one copy shall be returned to the applicant with approval or disapproval indicated on it.
Amended by Chapter 14, 1995 General Session
53-7-313 - Removal of LPG containers — Reasonableness of rates.
(1) Rates charged for removal of leased LPG containers shall be reasonable.
(2) The lessor of an LPG container shall credit the lessee’s account the current retail price for the amount of LPG remaining in the leased container at the time the container is removed.
Renumbered and Amended by Chapter 234, 1993 General Session
53-7-314 - Fees — Setting — Deposit — Use.
(1) The board shall establish fees authorized in this part in accordance with the procedures specified in Section 63J-1-504, but the fees shall be deposited as provided in Subsection (2).
(2) Fees collected by the division under this part, shall be deposited with the state treasurer as a dedicated credit, to be used for the implementation of this part.
Amended by Chapter 391, 2010 General Session
53-7-315 - Enforcement of part and rules.
(1) Except as provided in Subsection (6), this part, the rules made under it, and orders issued by the board are enforced by: the enforcing authority, unless otherwise provided by the board; andthe board.
(2) A person who knowingly violates or fails to comply with this part is guilty of a class B misdemeanor and is punishable by a fine of not less than 500.A person previously convicted under Subsection (2)(a) who knowingly violates or fails to comply with this part is guilty of a class B misdemeanor and is punishable by a fine of not less than 2,000.Each day the violation or failure to comply continues constitutes a separate offense.
(3) The enforcing authority may enter the premises of a licensee under this part, or any building or other premises open to the public, at any reasonable time, for the purpose of determining and verifying compliance with this part and the rules and orders of the board.
(4) An enforcing authority may declare any container, appliance, equipment, transport, or system that does not conform to the safety requirements of this part or the rules or orders of the board, or that is otherwise defective, as unsafe or dangerous for LPG service, and shall attach a red tag in a conspicuous location.
(5) A person who knowingly sells, furnishes, delivers, or supplies LPG for storage in, or use or consumption by, or through, a container, appliance, transport, or system to which a red tag is attached is guilty of a class B misdemeanor punishable by a fine of not less than 2,000.Liquefied petroleum gas shall be removed from a container to which a red tag is attached only as provided by rules made by the board.An unauthorized person who knowingly removes, destroys, or in any way obliterates a red tag attached to a container, appliance, transport, or system is guilty of a class B misdemeanor punishable by a fine of not less than 2,000.The enforcing authority may establish and collect a fee for any services or inspections required by this part, the rules made under it, and orders issued by the board. The fee shall be reasonable and may not exceed the amount of the cost of service or inspection provided. Fees collected under this subsection may be retained by the enforcing authority, and shall be applied to the expenses of providing these services.
(6) Except as provided in Subsection (6)(c), a person who fills a leased container in violation of the terms of a written lease is liable in an action by the container lessor for the greater of:the actual damages to the container lessor, including incidental and consequential damages and attorneys’ fees; or$500 for each violation.The burden of ascertaining the terms of a written lease for purposes of Subsection (6)(a) is on the person filling the container.A person has ascertained the terms of a written lease if he has: read the lease;received the assurance of the container owner that the lease does not prohibit the person from filling the container;obtained a signed, written statement from the lessee that the written lease does not prohibit the person from filling the container; orthe leased container is clearly labelled as a container subject to lease terms prohibiting the filling of the container without the lessor’s permission.If a lessee or lessor misrepresents his ownership or the terms of his written lease under Subsection (6)(b), the lessee or lessor who made the misrepresentation, and not the person filling the tank, is liable for the damages under Subsection (6)(a).
(7) If a written container lease entered into after May 1, 1992, restricts the right to fill a leased container, the restriction shall be plainly stated in the lease in any manner designed to draw the attention of the lessee to the lease provision, including: typing the restriction in at least two point larger type than the majority of the document type;underlining the restriction; ortyping the restriction in boldface type.
(8) A lessor whose container lease does not comply with Subsection (7) is disqualified from protection under Subsection (6).
Amended by Chapter 324, 2010 General Session
53-7-316 - Effect of part on state and local provision.
(1) This part supersedes all other conflicting state laws or rules concerning LPG as regulated under this part.
(2) A municipality or other political subdivision may not adopt or enforce any ordinance or rule in conflict with this part, or with the rules made under this part.
Renumbered and Amended by Chapter 234, 1993 General Session
The Reduced Cigarette Ignition Propensity and Firefighter Protection Act
53-7-401 - Title.
This part is known as the “The Reduced Cigarette Ignition Propensity and Firefighter Protection Act.”
Enacted by Chapter 362, 2007 General Session
53-7-402 - Definitions.
As used in this part:
(1) “Agent” means any person authorized by the State Tax Commission to purchase and affix stamps on packages of cigarettes.
(2) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.
(3) “Manufacturer” means: any entity which:manufactures or otherwise produces cigarettes to be sold in the state;causes cigarettes to be manufactured or produced anywhere with the intent to sell in the state; ormanufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced with the intent to sell in the United States through an importer;the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; orany entity that becomes a successor of an entity described in Subsection (3)(a) or (3)(b).
(4) “Quality control and quality assurance program” means the laboratory procedures implemented to ensure that operator bias, systematic, and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in Subsection 53-7-403(2)(f) for all test trials used to certify cigarettes in accordance with this part.
(5) “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.
(6) “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
(7) “Sale”: means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefore; andincludes, in addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money.
(8) “Sell” means to sell, or to offer or agree to sell.
(9) “Wholesale dealer” means: any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale; andany person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.
Enacted by Chapter 362, 2007 General Session
53-7-403 - Test method and performance standard.
(1) Except as provided in Subsection (8), no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless: the cigarettes have been tested in accordance with the test method required by this section;the cigarettes meet the performance standard specified in this section;a written certification has been filed by the manufacturer with the state fire marshal in accordance with Section 53-7-404; andthe cigarettes have been marked in accordance with Section 53-7-405.
(2) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (“ASTM”) standard E2187-04, “Standard Test Method for Measuring the Ignition Strength of Cigarettes.”Testing shall be conducted on 10 layers of filter paper.No more than 25% of the cigarettes tested in a test trial in accordance with this section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.The performance standard required by this section shall only be applied to a complete test trial.Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (“ISO”), or other comparable accreditation standard required by the state fire marshal.Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.This section does not require additional testing if cigarettes are tested consistent with this part for any other purpose.Testing performed or sponsored by the state fire marshal to determine a cigarette’s compliance with the performance standard required shall be conducted in accordance with this section.
(3) Each cigarette listed in a certification submitted pursuant to Section 53-7-404 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.
(4) A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in Subsection (2)(a) shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in Subsection (2)(c), the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to Section 53-7-404. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this part, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state’s law or regulation under a legal provision comparable to this section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test should not be accepted under this part. All other applicable requirements of this section shall apply to the manufacturer.
(5) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000 for each day after the sixtieth day that the manufacturer does not make the copies available.
(6) The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in Subsection (2)(c).
(7) The state fire marshal shall review the effectiveness of this section and report every three years to the Legislature the state fire marshal’s findings and, if appropriate, recommendations for legislation to improve the effectiveness of this section. The report and legislative recommendations shall be submitted no later than November 1, 2011 and every November 1 of each three-year period thereafter.
(8) The requirements of Subsection (1) shall not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes on or after July 1, 2008 if the wholesale or retail dealer can establish that state tax stamps were affixed to the cigarettes prior to July 1, 2008, and if the wholesale or retail dealer can establish that the inventory was purchased prior to July 1, 2008 in comparable quantity to the inventory purchased during the same period of the prior year.
(9) This part shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes.
Enacted by Chapter 362, 2007 General Session
53-7-404 - Certification and product change — Restricted account created.
(1) Each manufacturer shall submit to the state fire marshal a written certification attesting that: each cigarette listed in the certification has been tested in accordance with Section 53-7-403; andeach cigarette listed in the certification meets the performance standard set forth in Subsection 53-7-403(2)(c).
(2) Each cigarette listed in the certification shall be described with the following information: brand, or trade name on the package;style, such as light or ultra light;length in millimeters;circumference in millimeters;flavor, such as menthol or chocolate, if applicable;filter or nonfilter;package description, such as soft pack or box;marking approved in accordance with Section 53-7-405;the name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; andthe date that the testing occurred.
(3) The certifications shall be made available to the attorney general for purposes consistent with this part and the State Tax Commission for the purposes of ensuring compliance with this section.
(4) Each cigarette certified under this section shall be recertified every three years.
(5) For each cigarette listed in a certification, a manufacturer shall pay to the state fire marshal a $250 fee. The state fire marshal is authorized to annually adjust this fee to ensure it defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this part.
(6) Beginning July 1, 2008, there is created a restricted account within the General Fund called the “Reduced Cigarette Ignition Propensity and Firefighter Protection Act Enforcement Account.”The account created in Subsection (6)(a) shall consist of all certification fees submitted by manufacturers.The state treasurer shall invest money in the account according to Title 51, Chapter 7, State Money Management Act.The Division of Finance shall deposit interest or other earnings derived from investment of account money into the General Fund.Upon appropriations from the Legislature, money from the account created in Subsection (6)(a) shall be used by the state fire marshal solely to support processing, testing, enforcement, and oversight activities under this part.
(7) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the certified cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this part, that cigarette shall not be sold or offered for sale in this state until the manufacturer:retests the cigarette in accordance with the testing standards set forth in Section 53-7-403; andmaintains records of that retesting as required by Section 53-7-403.Any altered cigarette which does not meet the performance standard set forth in Section 53-7-403 may not be sold in this state.
Amended by Chapter 216, 2008 General Session
53-7-405 - Marking of cigarette packaging.
(1) Cigarettes that are certified by a manufacturer in accordance with Section 53-7-404 shall be marked to indicate compliance with the requirements of Section 53-7-403. The marking shall be in eight-point type or larger and consist of: modification of the product UPC code to include a visible mark printed at or around the area of the UPC code, which may include alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC;any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; orprinted, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this part.
(2) A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages marketed by the manufacturer, including: packs;cartons;cases; andany brands marketed by that manufacturer.
(3) The manufacturer shall notify the state fire marshal of the marking that it has selected in accordance with Subsection (2).
(4) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except that the state fire marshal shall approve any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes. Proposed markings shall be considered approved if the state fire marshal fails to act within 10 business days of receiving a request for approval.
(5) No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this section.
(6) Manufacturers certifying cigarettes in accordance with Section 53-7-404 shall provide:a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes; andsufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes.Wholesale dealers and agents shall provide a copy of the package markings received from manufacturers under Subsection (6)(a) to all retail dealers to which they sell cigarettes.Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the State Tax Commission, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this section.
Enacted by Chapter 362, 2007 General Session
53-7-406 - Penalties.
(1) Except as provided in Subsection (1)(b), a manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 53-7-403:for a first offense shall be liable for a civil penalty not to exceed 25,000 per each sale of such cigarettes.A penalty imposed under Subsection (1)(a) may not exceed $100,000 during any 30-day period against any one entity described in Subsection (1).
(2) Except as provided in Subsection (2)(b), a retail dealer who knowingly sells cigarettes in violation of Section 53-7-403 shall:for a first offense for each sale or offer for sale of cigarettes, if the total number of cigarettes sold or offered for sale:does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed 1,000 for each sale or offer of sale; andfor a subsequent offense, if the total number of cigarettes sold or offered for sale:does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed 5,000 for each sale or offer of sale.A penalty imposed under Subsection (2)(a) against any retail dealer shall not exceed $25,000 during a 30-day period.
(3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 53-7-404 shall, for each false certification:for a first offense, be liable for a civil penalty of at least 250,000.
(4) Any person violating any other provision in this part shall be liable for a civil penalty for each violation:for a first offense, not to exceed 5,000.
(5) In addition to any other remedy provided by law, the state fire marshal or attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for a violation of this part, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this part, including enforcement costs relating to the specific violation and attorney fees.Each violation of this part or of rules or regulations adopted under this part constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.
Amended by Chapter 158, 2024 General Session
53-7-407 - Implementation — Effect of part on Model Tobacco Settlement Act and Tobacco Tax and Licensing Act.
(1) The state fire marshal may promulgate rules and regulations, pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to effectuate the purposes of this part.
(2) The State Tax Commission in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Title 59, Chapter 14, Cigarette and Tobacco Tax and Licensing Act, may inspect cigarettes to determine if the cigarettes are marked as required by Section 53-7-405. If the cigarettes are not marked as required, the State Tax Commission shall notify the state fire marshal.
(3) Nothing in this part shall affect an entity’s obligations pursuant to: Title 59, Chapter 14, Cigarette and Tobacco Tax and Licensing Act; orTitle 59, Chapter 22, Model Tobacco Settlement Act.
Amended by Chapter 382, 2008 General Session
53-7-408 - Inspection.
To enforce the provisions of this part, the attorney general and the state fire marshal are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale, is hereby directed and required to give the attorney general and the state fire marshal the means, facilities, and opportunity for the examinations authorized by this section.
Enacted by Chapter 362, 2007 General Session
53-7-409 - Sale outside of Utah.
Nothing in this part shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 53-7-403 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.
Enacted by Chapter 362, 2007 General Session
53-7-410 - Preemption.
This part shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this part is adopted and becomes effective.
Enacted by Chapter 362, 2007 General Session
53-7-411 - Local regulation.
Notwithstanding any other provision of law, a political subdivision of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this part or with any policy of this state expressed by this part, whether that policy be expressed by inclusion of a provision in this part or by exclusion of that subject from this part.
Enacted by Chapter 362, 2007 General Session
Regulation of Novelty Lighters
53-7-501 - Title.
This part is known as “Regulation of Novelty Lighters.”
Enacted by Chapter 376, 2010 General Session
53-7-502 - Definitions.
As used in this part:
(1) “Audio effect” includes music, animal sounds, whistles, buzzers, or other noises not pertinent to the flame-producing function of the lighter.
(2) “Distribute” means to:deliver to a person other than the purchaser; orprovide as part of a commercial promotion or as a prize or premium.”Distribute” does not include providing as a personal gift.
(3) “Importer” means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution, or retail sales point outside this state: for the purpose of selling or distributing the lighter within this state; orwith the result that the lighter is sold or distributed within this state.
(4) “Lighter” means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame.
(5) “Misleading design” means a lighter that: has a shape that resembles or imitates an object other than a lighter;may have one or more audio or visual effects; andhas other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age.
(6) “Novelty lighter”: means a lighter that has:a misleading design; andoperates on any fuel, including butane or liquid fuel;does not mean:a lighter manufactured before January 1, 1980;a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; ora mechanical device primarily used to ignite fuel for fireplaces, or for charcoal or gas grills.
(7) “Sell” means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration.
(8) “Visual effect”: includes flashing lights, color-changing lights, or changing images; anddoes not include logos, decals, decorative artwork, or heat-shrinkable sleeves.
Enacted by Chapter 376, 2010 General Session
53-7-503 - Rulemaking authority — Publicly accessible list of contraband lighters maintained by the state fire marshal — Authority to seize and destroy novelty lighters.
(1) The Utah Fire Prevention Board, created in Section 53-7-203, may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: identify lighters or classes or types of lighters that are novelty lighters; andprovide for an informal adjudicative hearing, as provided in Section 63G-4-203, by the board to hear appeals of decisions of the State Fire Marshal Division under this part.
(2) The state fire marshal shall establish and maintain a list of lighters, or classes and types of lighters, that the state fire marshal has determined to be novelty lighters under this part.The state fire marshal shall make the list available on the website maintained by the Department of Public Safety.
(3) A lighter is a contraband item subject to seizure and destruction by the state fire marshal, a representative of the state fire marshal, a local fire enforcement official, or by a law enforcement agency, if the lighter is: listed, or of a class or type listed, by the state fire marshal as a novelty lighter; andoffered for sale, sold, or distributed in this state.
(4) The state fire marshal, a representative of the state fire marshal, a local fire enforcement official, or a law enforcement agency may seize a novelty lighter that is not described in Subsection (3).Upon finding that the person from whom the novelty lighter was seized is subject to a civil penalty under Section 53-7-504 for being an importer, wholesaler, seller, or distributor of the novelty lighter, the state fire marshal or a representative may order that the novelty lighter be forfeited and destroyed.
Enacted by Chapter 376, 2010 General Session
53-7-504 - Offenses — Civil penalties — Penalty money to be deposited into the Fire Prevention Support Account.
(1) A person may not sell, offer for sale, or distribute a novelty lighter in this state.A person may not import a novelty lighter into this state for the purpose of selling or distributing the novelty lighter within this state.A person may not possess a novelty lighter in inventory for the purpose of selling or distributing the novelty lighter within this state.
(2) The state fire marshal may assess a civil penalty against a person who violates Subsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.The civil penalty for a violation of Subsection (1) may not exceed:1,000 if the person acts as a wholesaler of novelty lighters or distributes novelty lighters by means other than distribution directly to consumers; and$500 if the person is: a retail seller of novelty lighters; ora person distributing novelty lighters, other than as a manufacturer, importer, or wholesaler.
(3) If a person continues to violate this section after the state fire marshal gives the person written notice of a violation, each day that the violation continues after written notice is given is a separate offense subject to a civil penalty.
(4) For purposes of imposing civil penalties, it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section 53-7-503, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.Listing by the state fire marshal is not a requirement for a determination that a lighter is a novelty lighter.
(5) All money collected from civil penalties under this section shall be deposited into the Fire Prevention Support Account created in Section 53-7-204.2.
(6) A person may seek judicial review of a final agency action under this part as provided in Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 403, 2020 General Session
53-7-505 - Authority to have reasonable access to inspect facilities and records.
(1) The state fire marshal, a representative of the state fire marshal, or a local fire enforcement official may conduct inspections to ensure compliance with Section 53-7-504. The state fire marshal, a representative of the state fire marshal, or a local fire enforcement official may, regarding facilities within this state used in the business of importing, distributing, selling, or storing of lighters: have access during reasonable business hours;inspect the facilities and any lighters located at the facilities; andinspect all business records pertaining to lighter import, distribution, sale, or storage.
(2) A person engaged in this state in the business of importing, distributing, selling, or storing lighters shall grant the state fire marshal, a representative of the state fire marshal, or a local fire enforcement official reasonable access for conducting inspections under Subsection (1).
Enacted by Chapter 376, 2010 General Session
53-7-506 - Attorney general may bring action at request of the state fire marshal.
The state attorney general may bring an action at the request of the state fire marshal, in the name of the state, seeking:
(1) injunctive relief to prevent or end a violation of Section 53-7-504 or 53-7-505;
(2) to recover civil penalties imposed under Section 53-7-504;
(3) to obtain access for inspections under Section 53-7-505; or
(4) to recover attorney fees and other enforcement costs.
Enacted by Chapter 376, 2010 General Session