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House debates and opens voting on HB 38 to tighten fireworks rules, shorten discharge windows and boost enforcement
Summary
HB 38, sponsored by Representative James A. Dunnigan, would give local governments additional tools to prohibit fireworks in high‑risk areas, reduce allowable discharge days, require sellers to post maps of prohibited zones, and increase fines; the House debated a failed amendment to allow local holiday bans during extreme danger and then opened voting on the bill.
Representative James A. Dunnigan introduced House Bill 38 as a compromise crafted by a multi‑stakeholder work group including law enforcement, fire officials, retailers and manufacturers. He said the bill adds "metro township" to the list of local governments that may restrict fireworks, allows governments to designate historically hazardous areas as prohibited (for example, if a jurisdiction banned fireworks two of the last five years), and permits bans within 200 feet of waterways, trails, ravines and similar areas.
Dunnigan said the measure shortens the number of days fireworks may be discharged around the July holiday from seven to four (two days before, the day of, and one day after) and raises the maximum fine from $750 to $1,000 as an infraction. He described new enforcement language to deem a discharge in a prohibited area negligent and to clarify civil liability for damages and suppression costs, including potential parental civil responsibility for a child’s actions.
Representative Polson moved an amendment to grant cities authority to ban fireworks for a holiday in their jurisdiction during extreme fire danger; the sponsor opposed the change on the grounds it would undermine a statewide compromise, and proponents and opponents debated how much local control was already in the bill. The amendment failed on a voice vote.
Members asked whether counties could override city autonomy for class‑C consumer fireworks and whether new civil‑liability language simply clarified existing law; Dunnigan said he had clarified drafting language with counsel and that the bill is intended to make enforcement and liability clearer rather than create novel liability categories.
In summation, the sponsor cited statewide fire data from the State Fire Marshal’s Office: "we had 1,100 fires in the month of July. 180 of those were caused by fireworks" (about 16%), and "In Salt Lake County, 428 fires in the month of July, 50 were by fireworks or 12%." Voting was opened on HB 38 at the close of the floor debate; no final floor tally for passage is recorded in the provided transcript.
