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House approves changes to fireworks law, expands approved products and sales window

Utah House of Representatives · January 25, 2011
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Summary

House Bill 22 expands the category of permissible consumer fireworks (allowing certain multi‑shot 'cakes'), shifts the sale/discharge window to June 26–July 26, and keeps high‑risk devices prohibited; sponsor said it reflects enforcement realities and has fire marshal support.

The Utah House of Representatives approved amendments to the State Fire Prevention and Fireworks Act on third reading, expanding the range of permissible consumer fireworks to include certain multi‑shot devices commonly called "cakes" and adjusting sales and discharge dates.

Representative Dunnigan, sponsor of House Bill 22, said the change is grounded in safety testing and fire marshal input. He described the permitted devices as stable, multi‑shot devices with a predictable trajectory and argued they would reduce cross‑border purchases: "We think they'll be allowed to sell these [cakes] and ... it will help keep our dollars in our local community," he said. Dunnigan told the chamber that the proposal was supported by the Utah Fire Marshal and that demonstrations showed the devices do not come down hot.

The bill also changes the sale and discharge window so that sales would begin June 26 and discharge would be allowed through July 26 — a simplification sponsor said is easier to remember and enforce than the current scattered dates. Dunnigan said enforcement of the existing schedule is weak and called the current law "virtually an unenforceable law." He and supporters argued the change could reduce out‑of‑state travel for higher‑display fireworks and increase in‑state sales.

Members pressing safety concerns asked whether the larger window could increase fire risk. Representative Powell warned that more dates could raise quantitative fire danger and asked whether the change might have an exponential impact on risk; Dunnigan replied there was uncertainty but suggested sales may bring fireworks back into neighborhoods where they can be better monitored.

Sponsor remarks included an economic estimate: "They think this bill will increase Utah fireworks sales by 20%." The House passed the bill on third reading, 70–1. The bill will be referred to the Senate.

The amendment keeps specific high‑risk devices prohibited (firecrackers, M80s, bottle rockets, reloadable skyrockets and similar unstable trajectory devices) and passed with broad support from floor members and representatives of the Fire Marshal's Office, according to sponsor remarks.