(1) (a) An individual who negligently, recklessly, or intentionally causes or spreads a fire through discharge of a division 1.4G explosive is liable for the cost of suppressing that fire and any damages the fire causes. (b) If the individual described in Subsection (1)(a) is a minor, the parent or legal guardian having legal custody of the minor is liable for the costs and damages for which the minor is liable under this section. (c) A court may waive part or all of the parent or guardian's liability for damages under Subsection (1)(b) if the court finds: (i) good cause; and (ii) that the parent or legal guardian: (A) made a reasonable effort to supervise and direct the minor; or (B) in the event the parent or guardian knew in advance of the negligent, reckless, or intentional conduct described in Subsection (1)(a), made a reasonable effort to restrain the minor. (2) (a) The conduct described in Subsection (1) includes any negligent, reckless, or intentional conduct, regardless of whether: (i) the person discharges a division 1.4G common state approved explosive: (A) within the permitted time periods described in Subsection 53-7-225(3); or (B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or (c); or (ii) the fire begins on: (A) private land; (B) land owned by the state or a political subdivision of the state; (C) federal land; or (D) tribal land. (b) Discharging a division 1.4G explosive in an area in which fireworks are prohibited due to hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b), constitutes the negligent, reckless, or intentional conduct described in Subsection (1). (3) A person who incurs costs to suppress a fire described in Subsection (1) may bring an action under this section to recover those costs against an individual described in Subsection (1). (4) A person who suffers damage from a fire described in Subsection (1) may: (a) bring an action under this section for those damages against an individual described in Subsection (1); and (b) pursue all other legal remedies in addition to seeking damages under Subsection (4)(a).
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