53-7-223. State license for display operators, special effects operators, and flame effects operators — Permit — Fee — Division duties — Revocation.
(1)
Terms Used In Utah Code 53-7-223
Board: means the Utah Fire Prevention Board created in Section 53-7-203, except as provided in 3. See Utah Code 53-7-102
Display fireworks: includes aerial shells, salutes, roman candles, flash shells, comets, mines, and other similar explosives. See Utah Code 53-7-202
Display operator: means a person licensed under Section 53-7-223 and who is responsible for site selection, setting up, permits, overseeing assistants and support personnel, and discharging display fireworks outdoors in situations where the audience maintains a specific distance separating it from the display fireworks being discharged. See Utah Code 53-7-202
Flame effects: means the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience. See Utah Code 53-7-202
Flame effects operator: means a person licensed under Section 53-7-223 who, regarding flame effects, is responsible for:
(i)
storage, setup, operations, teardown, devices, equipment, overseeing assistants and support personnel, and preventing accidental discharge; and
(ii)
completion of the sequence of control system functions that release the fuel for ignition to cause combustion and create the flame effects. See Utah Code 53-7-202
Special effects: means a visual or audible effect caused by chemical mixtures that produce a controlled, self-sustaining, and self-controlled exothermic chemical reaction that results in heat, gas, sound, or light and may also create an illusion. See Utah Code 53-7-202
Special effects operator: means a person licensed under Section 53-7-223 who is responsible for setting up, permits, overseeing assistants and support personnel, analyzing potential hazards, setting clearances, and discharging pyrotechnic devices, either indoor or outdoor, where the audience is allowed to be in closer proximity to the pyrotechnic devices than the audience separation distance generally required for display fireworks. See Utah Code 53-7-202
Unclassified fireworks: means :
(a)
a pyrotechnic device that is used, given away, or offered for sale, that has not been tested, approved, and classified by the United States Department of Transportation;
(b)
an approved device that has been altered or redesigned since obtaining approval by the United States Department of Transportation; and
(c)
a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler before receiving approval by the United States Department of Transportation. See Utah Code 53-7-202
(a)
A person may not purchase or possess display fireworks, special effects fireworks, or flame effects, or discharge any of them in public unless the person has obtained the appropriate license from the division, except under Subsection (1)(b).
(b)
(i)
Subsection (1)(a) does not apply to any person who participates in a meeting, as limited under Subsection (1)(b)(ii), with other persons solely to receive training, to practice, or provide instruction regarding flame effects performance.
(ii)
A meeting under Subsection (1)(b)(i) may include a nonpaying and unsolicited audience of not more than 25 persons.
(2)
The division shall:
(a)
issue an annual license to any display operator, special effects operator, or flame effects operator who:
(i)
applies for the permit;
(ii)
pays the fee set in accordance with Section 63J-1-504;
(iii)
demonstrates proof of competence; and
(iv)
certifies that the operator will comply with board rules governing placement and discharge of fireworks or flame effects;
(b)
provide the licensee with a copy of the rules governing placement and discharge of fireworks or flame effects made under Section 53-7-204; and
(c)
together with county and municipal officers enforce Sections 53-7-220 through 53-7-225.
(3)
The division may:
(a)
revoke a license issued under this section for cause;
(b)
seize display and special effects fireworks, fireworks, and unclassified fireworks that are offered for sale, sold, or in the possession of an individual in violation of Sections 53-7-220 through 53-7-225;
(c)
prevent or stop the use of flame effects that is unlawful or that is endangering persons or property; and
