No. 43354 (New Rule): Rule R710-15. Seizure and Disposal of Fireworks, Class A Explosives, and Class B Explosives

(New Rule)

DAR File No.: 43354
Filed: 11/01/2018 01:06:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is required as a result of the passage of S.B. 67, Fireworks Amendments, during the 2018 General Session.

Summary of the rule or change:

This rule establishes a statewide policy for the safe seizure and storage, and the safe re-purposing, destruction or disposal of fireworks, Class A explosives, or Class B explosives that are illegally possessed, used, or handled.

Statutory or constitutional authorization for this rule:

• Subsection 53-7-204(1)(b)(v)

Anticipated cost or savings to:

the state budget:

This rule is not expected to have any impact on state government revenues or expenditures. Although the State Fire Marshal�s office and the Highway Patrol are directly impacted and have regulatory authority, and may seize fireworks, Class A explosives, and Class B explosives that are illegal or are being used in an illegal manner, current disposal methods are within the parameters set by this rule.

local governments:

Local governments will be directly impacted by this rule. There are 246 fire departments in the state, and 136 law enforcement agencies that have the authority to seize fireworks, Class A explosives, and Class B explosives that are illegal or are being used in an illegal manner. It is not possible to determine the amount of fireworks, Class A explosives, or Class B explosives that would be seized in a given year, or what types of fireworks, Class A explosives, and Class B explosives they would be. Correspondingly, it is not possible to determine whether the fireworks, Class A explosives, and Class B explosives would be destroyed, used in training, disposed of, or repurposed. The impact on local governments is inestimable.

small businesses:

Small businesses may experience an indirect impact from this rule. Using the "Firm Find" tool from the Utah Department of Workforce Services we found three Utah companies that possibly may be impacted. The search codes used were Fireworks Wholesalers, 423920, and Fireworks Manufacturers, 325998. These companies are Winco, TNT, and Fireworks West. The experience of the Utah State Fire Marshal's office indicates that illegal fireworks and fireworks being used illegally are the most common explosives seized by regulatory authorities. As outlined in this rule, seized fireworks may be turned over to these companies for repurposing. As receiving seized fireworks is voluntary by these companies, and as there is no way to determine the volume that may be involved, and any benefit is incalculable compared to the cost of repurposing, the impact on these companies is inestimable.

persons other than small businesses, businesses, or local governmental entities:

There is no impact to persons other than small businesses, businesses or local government entities anticipated as a result of the enactment of this rule. This rule pertains to local agencies and small businesses with regards to how seized fireworks may be stored, destroyed, or repurposed by these entities.

Compliance costs for affected persons:

There is no compliance cost for affected persons anticipated as a result of enactment of this rule because this rule doesn't affect individual persons. This rule establishes a uniform statewide policy for seizure, storage, and destruction of illegal fireworks by the State Fire Marshal's Office, law enforcement agencies, fire departments, and voluntary firework companies.

Comments by the department head on the fiscal impact the rule may have on businesses:

Using the "Firm Find" tool from the Utah Department of Workforce Services, we found no non-small businesses that would be impacted by this rule. The Commissioner of the Department of Public Safety, Jess Anderson, has reviewed and approved this fiscal analysis.

Jess Anderson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Safety
Fire MarshalRoom 302
5272 S COLLEGE DR
MURRAY, UT 84123-2611

Direct questions regarding this rule to:

• Coy Porter at the above address, by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at [e-mail]
• Ted Black at the above address, by phone at 801-284-6352, by FAX at , or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/17/2018

This rule may become effective on:

12/24/2018

Authorized by:

Coy Porter, State Fire Marshal

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

Using the "Firm Find" tool from the Utah Department of Workforce Services, we found no non-small businesses that would be impacted by this rule.

 

The Commissioner of the Department of Public Safety, Jess Anderson, has reviewed and approved this fiscal analysis.

 

 

R710. Public Safety, Fire Marshal.

R710-15. Seizure and Disposal of Fireworks, Class A Explosives, and Class B Explosives.

R710-15-1. Purpose.

The purpose of this rule is to establish a statewide policy for the safe seizure, storage, and repurposing, destruction, or disposal of a firework, class A explosive, or class B explosive that is illegal or used or handled in an illegal manner.

 

R710-15-2. Authority.

This rule is authorized by Subsection 53-7-204(1)(b)(v).

 

R710-15-3. Definitions.

(1) Terms used in this rule are defined in Sections 53-7-202 and 19-6-102.

(2) In addition:

(a) "ATF" means the Bureau of Alcohol, Tobacco, Firearms and Explosives; and

(b) "FBI" means the Federal Bureau of Investigations.

 

R710-15-4. Seizure and Storage.

(1) Seized fireworks, class A explosives, and class B explosives:

(a) shall be secured against tampering or theft; and

(b) shall be stored according to Federal law.

 

R710-15-5. Repurposing, Destruction, or Disposal.

(1) A state, county, special district, or local government agency is prohibited from disposing of any seized firework, class A explosive, or class B explosive by burning except under circumstances described in this rule.

(2) A state, county, special district, or local government agency may dispose of seized fireworks, class A explosives, or class B explosives by:

(a) returning them to a state licensed wholesaler or manufacturer for repurposing, testing, or display;

(b) detonating them on scene as directed by the incident commander or the regional bomb team commander following FBI or ATF standards;

(c) detonating them in another safe location as directed by the incident commander or the regional bomb team commander following FBI or ATF standards;

(d) using them for training or testing purposes;

(e) burning them in an enclosed incinerator designed for that purpose;

(f) open burning in compliance with Subsection R307-202-7; or

(g) other methods as approved by the FBI or the ATF.

(3) A state, county, special district, or local government agency may not use seized fireworks, class A explosives, or class B explosives for display, entertainment, or celebration purposes.

 

KEY: seizure of fireworks, storage of fireworks, disposal of fireworks, repurposing of fireworks

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 53-7-204(1)(b)(v)

---