Utah Code 53-7-503. Rulemaking authority — Publicly accessible list of contraband lighters maintained by the state fire marshal — Authority to seize and destroy novelty lighters

(1)

The Utah Fire Prevention Board, created in Section 53-7-203, may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

Terms Used In Utah Code 53-7-503

Board: means the Utah Fire Prevention Board created in Section 53-7-203, except as provided in 3. See Utah Code 53-7-102
Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 53-7-102
Importer: means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution, or retail sales point outside this state:

(a)	for the purpose of selling or distributing the lighter within this state; or

(b)

with the result that the lighter is sold or distributed within this state. See Utah Code 53-7-502

Law enforcement agency: means an entity or division of:

(i)

(A)	the federal government, a state, or a political subdivision of a state;

(B)	a state institution of higher education; or

(C)	a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and

(ii)

that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102

Lighter: means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame. See Utah Code 53-7-502

Person: means :Utah Code 68-3-12.5

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

State fire marshal: means the fire marshal appointed director by the commissioner under Section 53-7-103. See Utah Code 53-7-102

(a)

identify lighters or classes or types of lighters that are novelty lighters; and

(b)	provide for an informal adjudicative hearing, as provided in Section 63G-4-203, by the board to hear appeals of decisions of the State Fire Marshal Division under this part.

(2)

(a)	The state fire marshal shall establish and maintain a list of lighters, or classes and types of lighters, that the state fire marshal has determined to be novelty lighters under this part.

(b)	The state fire marshal shall make the list available on the website maintained by the Department of Public Safety.

(3)

A lighter is a contraband item subject to seizure and destruction by the state fire marshal, a representative of the state fire marshal, a local fire enforcement official, or by a law enforcement agency, if the lighter is:

(a)	listed, or of a class or type listed, by the state fire marshal as a novelty lighter; and

(b)	offered for sale, sold, or distributed in this state.

(4)

(a)	The state fire marshal, a representative of the state fire marshal, a local fire enforcement official, or a law enforcement agency may seize a novelty lighter that is not described in Subsection (3).

(b)

Upon finding that the person from whom the novelty lighter was seized is subject to a civil penalty under Section 53-7-504 for being an importer, wholesaler, seller, or distributor of the novelty lighter, the state fire marshal or a representative may order that the novelty lighter be forfeited and destroyed.

Enacted by Chapter 376, 2010 General Session

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