2006 Utah Code - 53-7-202 — Definitions.

     53-7-202.   Definitions.
     As used in this part:
     (1) "Agricultural and wildlife fireworks" means a class C dangerous explosive that:
     (a) uses sound or light when deployed; and
     (b) is designated to prevent crop damage or unwanted animals from entering a specified area.
     (2) "Board" means the Utah Fire Prevention Board created in Section 53-7-203.
     (3) "Class A explosive" means a class A explosive as defined by the U.S. Department of Transportation in Part 173, Title 49, Code of Federal Regulations.
     (4) "Class B explosive" means a class B explosive as defined by the U.S. Department of Transportation in Part 173, Title 49, Code of Federal Regulations.
     (5) "Class C explosive" means a class C explosive as defined by the U.S. Department of Transportation in Part 173, Title 49, Code of Federal Regulations.
     (6) (a) "Class C common state approved explosive" means a class C explosive that is:
     (i) a cardboard or heavy paper cylindrical tube or cone that:
     (A) produces a shower of color and sparks that reach a maximum height of 15 feet;
     (B) may whistle or pop; and
     (C) is not designed to explode or leave the ground;
     (ii) a pyrotechnic wheel device that:
     (A) may be attached to a post or tree; and
     (B) contains up to six "driver" units or tubes;
     (iii) any device that:
     (A) spins, jumps, or emits popping sounds when placed on the ground;
     (B) does not exceed a height of 15 feet when discharged; and
     (C) does not travel laterally more than ten feet on a smooth surface when discharged;
     (iv) a morning glory, suzuki, or flitter sparkler; and
     (v) a single tube day type parachute that does not carry any flare or flame upon descent.
     (b) "Class C common state approved explosive" does not mean:
     (i) class C dangerous explosives; or
     (ii) exempt explosives.
     (7) (a) "Class C dangerous explosive" means a class C explosive that is:
     (i) a firecracker, cannon cracker, salute, cherry bomb, or other similar explosive;
     (ii) a skyrocket or any device other than a model rocket that uses combustible or explosive material and rises more than 15 feet when discharged;
     (iii) a roman candle or other device that discharges balls of fire over 15 feet in height;
     (iv) a tube or cone aerial firework that propels comets, shells, salutes, flash shells, or similar devices more than 15 feet into the air; and
     (v) a chaser, whistler, or other device that darts or travels more than ten feet laterally on a smooth surface or exceeds 15 feet in height when discharged.
     (b) A "Class C dangerous explosive" does not mean:
     (i) class C common state approved explosives; or
     (ii) exempt explosives.
     (8) "Display fireworks" means an aerial shell, salute, flash shell, comet, sky battle, mine, and any similar class C explosive or class B explosive.
     (9) (a) "Display operator" means the person who purchases and is responsible for setting

up and discharging display fireworks.
     (b) "Display operator" does not mean a fire department.
     (10) "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.
     (11) (a) "Fireworks" means:
     (i) class C explosives;
     (ii) class C dangerous explosives; and
     (iii) class C common state approved explosives.
     (b) "Fireworks" does not mean:
     (i) exempt explosives;
     (ii) class A explosives; and
     (iii) class B explosives.
     (12) "Importer" means a person who brings class B or class C explosives into Utah for the general purpose of resale within the state or exportation to other states.
     (13) (a) "Pyrotechnic" means any composition or device manufactured or used to produce a visible or audible effect by combustion, deflagration, or detonation.
     (b) "Pyrotechnic" does not mean exempt explosives.
     (14) "Retail seller" means a person who sells class C common state approved explosives to the public during the period authorized under Section 53-7-225.
     (15) "State fire code" means a nationally recognized fire code adopted by the Utah Fire Prevention Board pursuant to Section 53-7-204.
     (16) "Trick noisemaker" includes a:
     (a) tube or sphere containing pyrotechnic composition that produces a white or colored smoke as its primary effect when ignited; and
     (b) device that produces a small report intended to surprise the user, including a:
     (i) "booby trap," which is a small tube with a string protruding from both ends that ignites the friction sensitive composition in the tube when the string is pulled;
     (ii) "snapper," which is a small paper-wrapped device containing a minute quantity of explosive composition coated on bits of sand that explodes producing a small report;
     (iii) "trick match," which is a kitchen or book match coated with a small quantity of explosive or pyrotechnic composition that produces a small shower of sparks when ignited;
     (iv) "cigarette load," which is a small wooden peg coated with a small quantity of explosive composition that produces a small report when the cigarette is ignited; and
     (v) "auto burglar alarm," which is a tube that:
     (A) contains pyrotechnic composition that produces a loud whistle and smoke when ignited;
     (B) may contain a small quantity of explosive to produce a small explosive noise; and
     (C) is ignited by a squib.
     (17) "Unclassified fireworks" means any of the following:
     (a) a pyrotechnic device that is used, given away, or offered for sale, that has not been tested, approved, and classified by the U.S. Department of Transportation;
     (b) an approved device that has been altered or redesigned since obtaining approval by the U.S. Department of Transportation;
     (c) a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler

before receiving approval by the U.S. Department of Transportation.
     (18) "Wholesaler" means any of the following:
     (a) a person who sells class C common state approved explosives to a retailer;
     (b) a person who sells class B explosives or class C dangerous explosives for display use.

Amended by Chapter 25, 2001 General Session