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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
technical correction; nonprobate transfers
(NOW: regulation; permissible consumer fireworks)
Purpose
Modifies the time period during which permissible consumer fireworks may be used to between December 26 through January 4.
Background
The sale and use of consumer fireworks are of statewide concern and not subject to further regulation, except that a city or town within corporate limits or a county within unincorporated areas may: 1) prohibit the sale and use of consumer fireworks on all days, except on specified dates and times that include between December 24 to January 3; 2) regulate, consistent with the standards set by the National Fire Protection Association, the sale of consumer fireworks within its corporate limits; and 3) prohibit the use of consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than 15,000 acres of land for preservation purposes.
A county and city or town in a county with a population of less than 500,000 may prohibit the sale and use of consumer fireworks if a federal or state agency implements a stage one or higher fire restriction and on all days within a one-mile radius of specified areas. A county and city or town in a county with a population of more than 500,000 persons may prohibit the use of consumer fireworks on all days during a stage one or higher fire restriction within a one-mile radius of specified areas (A.R.S. § 36-1606).
Statute specifies that permissible consumer fireworks are the
following types of fireworks, as defined by the American Pyrotechnics Association
(APA): 1) ground and handheld sparkling devices; 2) cylindrical fountains; 3)
cone fountains; 4) illuminating torches; 5) wheels; 6) ground spinners; 7)
flitter sparklers; 8) toy smoke devices; 9) wire sparklers or dipped sticks;
and
10) multiple tube ground and handheld sparkling devices, cylindrical fountains,
cone fountains and illuminating torches manufactured to the APA's standards (A.R.S.
§ 36-1601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the time period during which permissible consumer fireworks may be used from between December 24 through January 3 to between December 26 through January 4.
2. Makes conforming changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
· Extends, from January 3 to January 4, the final day permissible consumer fireworks may be used for the time period beginning on December 26.
Senate Action
COM 2/8/23 DPA/SE 6-0-1
Prepared by Senate Research
February 20, 2023
JT/PM/sr