No. 30031: R710-2. Rules Pursuant to the Utah Fireworks Act

DAR File No.: 30031
Filed: 06/04/2007, 07:45
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The Utah Fireworks Act is constituted in Sections 53-7-220 through 53-7-225. In Section 53-7-204, the Utah Fire Prevention Board is authorized to enact rules to regulate the placement and discharge of display fireworks, set minimum standards for the retail storage and sale of fireworks, and establish proof of competence for an individual to place and discharge display fireworks.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Rule R710-2 has been amended five times since the last five-year review. There have been no written comments received during the last five-year review period from any of the five amendments that were completed. It has been the policy of the Fire Prevention Board for many years to notify everyone affected by the rule change and have those involved participate in the Board meetings to try to resolve any concerns before the formal filing of the rule with the Division of Administrative Rules.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Fireworks that are improperly used or illegal can cause physical harm to the human user, as well as cause fires that can lead to tremendous property damage. The continuation of this rule is necessary to provide safety in the retail sale of state-approved fireworks, storage of fireworks, and proper display and discharge of Class B fireworks as a display or special effects technician.

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

Public Safety
Fire Marshal
5272 S COLLEGE DR
MURRAY UT 84123-2611

Direct questions regarding this rule to:

Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at [e-mail]

Authorized by:

Ron L. Morris, Utah State Fire Marshal