Enola Gaye Legality Concerns in Utah

Enola Gaye smoke and BB grenades are becoming more and more popular on the airsoft field, but Tactical Airsoft Supply, a Utah based company, ran into issues with the Fire Marshal when carrying them. Apparently, the Utah stance on these pyrotechnic devices is that they are, technically, fireworks, and as such, are only for sale or use during certain firework-centric holidays. This affects both users and dealers of these products in Utah, and it is unknown how other states are viewing these devices. As with most things, it’s a good idea to check with your local laws and regulations if you plan on using pyrotechnic devices like these on the field.

We’ve reached out to TAS, the store that received the email, as well as Enola Gaye for comment, and will update this post when we get more information.

EDITED TO ADD TEXT OF FIRE MARSHAL EMAIL:

“I have received confirmation that the 1.4 smoke generator’s and grenades that you had to retail is in the classification as consumer grade fireworks and is only allowable by a fireworks permit during the fireworks sales and display seasons. If you could please inform your distributor that Layton City and State of Utah rules prohibit the distribution and sales of this type of 1.4 grade fireworks.  (Municipal Code 9.64.090 – Utah Code 53-7-222) All these devices shall be omitted from the business location and building and provided back to the distributor.

 No person shall offer for sale or sell, at retail, any fireworks without a permit issued by the Fire Department.  A separate permit shall be required for each separate sales location, and for each of the fireworks sales periods as listed in Section 53-7-225 of the Utah Code (as amended).  The fee for each permit shall be non-refundable and as set forth in the City’s Consolidated Fee Schedule.  Each permit shall remain in effect for the specified time period (June 23^rd through July 27^th inclusive; December 29^th through January 1^st inclusive; and (2) days prior to and through the Chinese New Year inclusive) unless the permittee violates a provision of this Chapter, in which event the permit may be revoked.  All monies generated and received by the City as a result of such permits shall, as permissible by law, be earmarked or designated for fire prevention and/or fire prevention education services.  Applications for a permit to sell fireworks shall be in writing on the “Application for Sales of Fireworks” form and shall:

            (1)        Include the name and address of the person, firm, or corporation applying for the permit;

            (2)        Describe the specific location where fireworks will be sold;

            (3)        Include evidence of commercial general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate; and

            (4)        Include any other information reasonably required by the Fire Department.

            All of the above required information, including fees, shall be submitted no less than fourteen (14) days prior to the specified time period.  However, if the permit application is for a location for which a conditional use permit has not been issued or is no longer valid, both permit applications shall be submitted no less than five (5) weeks prior to the desired time period for the sale of fireworks.  The applicable and required fees shall accompany the permit application and be submitted at the time of application.

Douglas K. Bitton

Fire Marshal – Emergency Manager – Public Information Officer

Layton City Fire Department”