House
File
2328
-
Introduced
HOUSE
FILE
2328
BY
SIECK
A
BILL
FOR
An
Act
providing
for
licensing
requirements
related
to
the
1
provision
of
certain
fireworks
displays,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
100.19,
subsection
7,
paragraph
a,
Code
1
2020,
is
amended
to
read
as
follows:
2
a.
A
consumer
fireworks
fee
fund
is
created
in
the
3
state
treasury
under
the
control
of
the
state
fire
marshal.
4
Notwithstanding
section
12C.7
,
interest
or
earnings
on
5
moneys
in
the
consumer
fireworks
fee
fund
shall
be
credited
6
to
the
consumer
fireworks
fee
fund.
Moneys
in
the
fund
are
7
appropriated
to
the
state
fire
marshal
to
be
used
to
fulfill
8
the
responsibilities
of
the
state
fire
marshal
for
the
9
administration
and
enforcement
of
this
section
and
section
10
100.19A
and
to
provide
grants
pursuant
to
paragraph
“b”
.
The
11
fund
shall
include
the
fees
collected
by
the
state
fire
marshal
12
under
the
fee
schedule
established
pursuant
to
subsection
3
,
13
the
fees
collected
by
the
state
fire
marshal
under
the
fee
14
schedule
established
pursuant
to
section
100.19B,
subsection
4,
15
and
the
fees
collected
by
the
state
fire
marshal
under
section
16
100.19A
for
wholesaler
registration.
17
Sec.
2.
NEW
SECTION
.
100.19B
Pyrotechnic
and
proximate
18
displays
——
licensure
requirements
——
penalty.
19
1.
As
used
in
this
section:
20
a.
“Display
fireworks”
means
the
same
as
defined
in
section
21
727.2.
22
b.
“Lead
pyrotechnic
operator”
means
an
individual
who
23
conducts
a
pyrotechnic
display
in
the
state
and
is
responsible
24
for
the
overall
safety,
setup,
discharge,
and
supervision
of
25
the
pyrotechnic
display.
26
c.
“Person”
means
the
same
as
defined
in
section
80A.1.
27
d.
“Proximate
display”
means
the
detonation,
ignition,
28
or
deflagration
of
proximate
fireworks
to
produce
a
visual
29
or
audible
effect,
or
the
display
of
any
fireworks
before
a
30
proximate
audience,
or
audience
located
at
a
closer
distance
31
from
such
fireworks
than
permitted
in
the
national
fire
32
protection
association
standard
1123.
“Proximate
display”
does
33
not
include
the
personal
private
use
of
consumer
fireworks
or
34
novelties,
as
those
terms
are
defined
in
section
727.2.
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e.
“Proximate
fireworks”
means
a
chemical
mixture
1
used
in
the
entertainment
industry
to
produce
visible
or
2
audible
effects,
as
enumerated
in
chapter
3
of
the
American
3
pyrotechnics
association’s
standard
87-1.
4
f.
“Proximate
operator”
means
an
individual
who
conducts
5
a
proximate
display
in
the
state
and
is
responsible
for
the
6
safety
and
control
of
the
proximate
display.
7
g.
“Pyrotechnic
display”
means
the
detonation,
ignition,
8
or
deflagration
of
display
fireworks
to
produce
a
visual
or
9
audible
effect.
10
h.
“Pyrotechnic
distributor”
means
a
person
who
sells
or
11
distributes
display
fireworks
for
a
pyrotechnic
display
in
the
12
state,
or
provides
pyrotechnic
display
services
in
connection
13
with
a
pyrotechnic
display
in
the
state.
14
2.
The
state
fire
marshal
shall
establish
the
following
15
licenses:
16
a.
Lead
pyrotechnic
operator
license.
17
(1)
An
individual
shall
possess
a
lead
pyrotechnic
operator
18
license
in
order
to
conduct
a
pyrotechnic
display
in
the
state.
19
(2)
An
applicant
for
a
lead
pyrotechnic
operator
license
20
shall,
at
a
minimum,
meet
the
following
requirements:
21
(a)
Be
at
least
twenty-one
years
of
age.
22
(b)
Meet
the
requisite
training
and
education
requirements
23
established
by
the
state
fire
marshal.
24
(c)
Be
of
good
moral
character
and
fitness,
as
prescribed
by
25
rules
adopted
by
the
state
fire
marshal.
26
(d)
Hold
an
explosives
license
or
a
letter
of
clearance
27
from
the
federal
bureau
of
alcohol,
tobacco,
firearms,
and
28
explosives.
29
(3)
The
state
fire
marshal
may
prepare
and
conduct,
or
30
prescribe,
an
examination
for
applicants
for
a
lead
pyrotechnic
31
operator
license.
32
b.
Pyrotechnic
distributor
license.
33
(1)
A
person
shall
possess
a
pyrotechnic
distributor
34
license
in
order
to
sell
or
distribute
display
fireworks
for
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pyrotechnic
displays
in
the
state,
or
provide
pyrotechnic
1
display
services
in
connection
with
pyrotechnic
displays
in
the
2
state.
3
(2)
An
applicant
for
a
pyrotechnic
display
license
shall,
at
4
a
minimum,
meet
the
following
requirements:
5
(a)
Hold
a
current
license
from
the
federal
bureau
of
6
alcohol,
tobacco,
firearms,
and
explosives
for
the
type
of
7
pyrotechnic
display
to
be
provided.
8
(b)
Maintain
product
liability
insurance
coverage
in
the
9
amount
of
at
least
one
million
dollars.
10
(c)
Maintain
commercial
general
liability
insurance
11
coverage
in
the
amount
of
at
least
one
million
dollars.
12
(d)
Maintain
state
workers’
compensation
insurance
13
coverage.
14
(e)
Meet
the
requisite
training
and
education
requirements
15
established
by
the
state
fire
marshal.
16
(f)
Be
subject
to
state
taxation
as
a
legal
entity
doing
17
business
in
the
state.
18
c.
Proximate
operator
license.
19
(1)
An
individual
shall
possess
a
proximate
operator
20
license
in
order
to
conduct
a
proximate
display
in
the
state.
21
(2)
An
applicant
for
a
proximate
operator
license
shall,
at
22
a
minimum,
meet
the
following
requirements:
23
(a)
Be
at
least
twenty-one
years
of
age.
24
(b)
Meet
the
requisite
training
and
education
requirements
25
established
by
the
state
fire
marshal.
26
(c)
Provide
proof
of
and
maintain
liability
insurance
27
coverage
in
an
amount
established
by
the
state
fire
marshal.
28
(3)
The
state
fire
marshal
may
prepare
and
conduct,
or
29
prescribe,
an
examination
for
applicants
for
a
proximate
30
operator
license.
31
3.
An
application
for
a
license
described
in
subsection
2
32
shall
be
made
on
a
form
provided
by
the
state
fire
marshal.
33
The
state
fire
marshal
shall
adopt
rules
consistent
with
this
34
section
establishing
standards
and
requirements
for
licenses
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issued
pursuant
to
this
section.
1
4.
The
state
fire
marshal
shall
establish
by
rule
an
annual
2
fee
schedule
for
licenses
issued
pursuant
to
this
section.
3
The
fees
collected
by
the
state
fire
marshal
under
the
fee
4
schedule
shall
be
deposited
in
the
consumer
fireworks
fee
fund
5
established
in
section
100.19,
subsection
7,
paragraph
“a”
.
6
5.
A
pyrotechnic
display
in
the
state
shall
be
conducted
7
by
a
licensed
lead
pyrotechnic
operator
who
meets
one
of
the
8
following
conditions:
9
a.
Is
employed
by
a
licensed
pyrotechnic
distributor.
10
b.
Is
insured
under
a
licensed
pyrotechnic
distributor’s
11
product
liability
and
commercial
general
liability
insurance
12
coverage.
13
6.
A
proximate
display
in
the
state
shall
be
conducted
by
14
a
licensed
proximate
operator.
15
7.
a.
The
state
fire
marshal
shall
adopt
rules
to
16
provide
that
a
lead
pyrotechnic
operator
license,
pyrotechnic
17
distributor
license,
or
proximate
operator
license
may
be
18
revoked
for
an
intentional
violation
of
this
section.
A
19
proceeding
for
revocation
shall
be
held
before
the
division
20
of
the
state
fire
marshal,
which
may
revoke
the
license
or
21
licenses
involved
as
provided
in
paragraph
“b”
.
22
b.
(1)
If,
upon
the
hearing
of
the
order
to
show
cause,
23
the
division
of
the
state
fire
marshal
finds
that
a
licensee
24
intentionally
violated
this
section,
then
the
license
or
25
licenses
shall
be
revoked.
26
(2)
Judicial
review
of
actions
of
the
division
of
the
state
27
fire
marshal
may
be
sought
in
accordance
with
chapter
17A.
If
28
the
licensee
has
not
filed
a
petition
for
judicial
review
in
29
district
court,
revocation
shall
date
from
the
thirty-first
30
day
following
the
date
of
the
order
of
the
division
of
the
31
state
fire
marshal.
If
the
licensee
has
filed
a
petition
for
32
judicial
review,
revocation
shall
date
from
the
thirty-first
33
day
following
entry
of
the
order
of
the
district
court,
if
34
action
by
the
district
court
is
adverse
to
the
licensee.
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(3)
A
new
license
shall
not
be
issued
to
a
person
whose
1
license
has
been
revoked.
2
8.
The
state
fire
marshal
shall
adopt
rules
for
the
3
administration
of
this
section.
4
9.
A
person
who
violates
a
provision
of
this
section
or
a
5
rule
adopted
pursuant
to
this
section
is
guilty
of
a
simple
6
misdemeanor.
7
Sec.
3.
Section
461A.42,
subsection
2,
Code
2020,
is
amended
8
to
read
as
follows:
9
2.
The
use
of
consumer
fireworks
or
display
fireworks,
10
as
defined
in
section
727.2
,
in
state
parks
and
preserves
is
11
prohibited
except
as
authorized
by
a
permit
issued
by
the
12
department
,
provided,
however,
that
a
pyrotechnic
display,
as
13
defined
in
section
100.19B,
in
a
state
park
or
preserve
must
be
14
conducted
by
a
licensed
lead
pyrotechnic
operator
as
provided
15
in
section
100.19B,
subsection
5
.
The
commission
shall
16
establish,
by
rule
adopted
pursuant
to
chapter
17A
,
a
fireworks
17
permit
system
which
authorizes
the
issuance
of
a
limited
number
18
of
permits
to
qualified
persons
to
use
or
display
fireworks
in
19
selected
state
parks
and
preserves.
20
Sec.
4.
Section
727.2,
subsection
2,
paragraph
a,
Code
2020,
21
is
amended
to
read
as
follows:
22
a.
A
person,
firm,
partnership,
or
corporation
who
offers
23
for
sale,
exposes
for
sale,
sells
at
retail,
or
uses
or
24
explodes
any
display
fireworks,
commits
a
simple
misdemeanor,
25
punishable
by
a
fine
of
not
less
than
two
hundred
fifty
26
dollars.
However,
a
city
council
of
a
city
or
a
county
board
27
of
supervisors
may,
upon
application
in
writing,
grant
a
28
permit
for
the
a
pyrotechnic
display
of
display
fireworks
by
29
municipalities,
fair
associations,
amusement
parks,
and
other
30
organizations
or
groups
of
individuals
approved
by
the
city
or
31
the
county
board
of
supervisors
when
the
pyrotechnic
display
32
fireworks
will
be
handled
conducted
by
a
competent
licensed
33
lead
pyrotechnic
operator
as
provided
in
section
100.19B,
34
subsection
5
,
but
no
such
permit
shall
be
required
for
the
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a
pyrotechnic
display
of
display
fireworks
at
the
Iowa
state
1
fairgrounds
by
the
Iowa
state
fair
board,
at
incorporated
2
county
fairs,
or
at
district
fairs
receiving
state
aid.
Sales
3
of
display
fireworks
by
a
licensed
pyrotechnic
distributor
for
4
such
pyrotechnic
display
may
be
made
for
that
purpose
only.
5
For
purposes
of
this
paragraph,
“pyrotechnic
display”
means
the
6
same
as
defined
in
section
100.19B.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
establishes
new
Code
section
100.19B,
which
11
provides
licensing
requirements
in
connection
with
certain
12
fireworks
displays
in
Iowa.
13
Current
law
prohibits
the
sale
and
use
of
display
fireworks,
14
provided
that
cities
and
counties
may
issue
permits
for
the
15
display
of
display
fireworks
if
the
display
is
handled
by
a
16
competent
operator.
The
department
of
natural
resources
may
17
also
issue
permits
for
the
use
of
display
fireworks
in
state
18
parks
and
preserves.
19
The
bill
requires
the
state
fire
marshal
to
establish
a
lead
20
pyrotechnic
operator
license.
The
lead
pyrotechnic
operator
21
license
is
required
for
an
individual
to
conduct
a
pyrotechnic
22
display
in
Iowa.
The
bill
defines
“pyrotechnic
display”
to
23
mean
the
detonation,
ignition,
or
deflagration
of
display
24
fireworks,
as
defined
in
the
bill
by
reference,
to
produce
a
25
visual
or
audible
effect.
An
applicant
for
such
a
license
26
shall,
at
a
minimum,
be
at
least
21
years
of
age,
meet
the
27
requisite
training
and
education
requirements
established
by
28
the
state
fire
marshal,
be
of
good
moral
character
and
fitness,
29
and
hold
an
explosives
license
or
a
letter
of
clearance
30
from
the
federal
bureau
of
alcohol,
tobacco,
firearms,
and
31
explosives
(BATFE).
The
state
fire
marshal
may
also
require
an
32
applicant
for
such
license
to
take
an
examination.
33
The
bill
requires
the
state
fire
marshal
to
establish
a
34
pyrotechnic
distributor
license.
The
pyrotechnic
distributor
35
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license
is
required
for
a
person
to
sell
or
distribute
display
1
fireworks
for
pyrotechnic
displays
in
Iowa,
or
provide
2
pyrotechnic
display
services
in
connection
with
such
displays.
3
An
applicant
for
such
license
shall,
at
a
minimum,
hold
a
4
current
and
applicable
license
from
the
BATFE,
maintain
product
5
liability
insurance
coverage
in
the
amount
of
at
least
$1
6
million,
maintain
commercial
general
liability
insurance
7
coverage
in
the
amount
of
at
least
$1
million,
maintain
state
8
workers’
compensation
insurance
coverage,
meet
the
requisite
9
training
and
education
requirements,
and
be
subject
to
state
10
taxation
as
a
legal
entity
doing
business
in
Iowa.
11
The
bill
requires
the
state
fire
marshal
to
establish
a
12
proximate
operator
license.
The
proximate
operator
license
13
is
required
for
an
individual
to
conduct
a
proximate
display
14
in
Iowa.
The
bill
defines
“proximate
display”
to
mean
the
15
detonation,
ignition,
or
deflagration
of
proximate
fireworks,
16
as
defined
in
the
bill,
to
produce
a
visual
or
audible
effect,
17
or
the
use
of
any
fireworks
before
a
proximate
audience,
as
18
described
in
the
bill,
but
does
not
include
the
personal
19
private
use
of
consumer
fireworks
or
novelties.
An
applicant
20
for
such
a
license
shall,
at
a
minimum,
be
at
least
21
years
21
of
age,
meet
the
requisite
training
and
education
requirements
22
established
by
the
state
fire
marshal,
and
provide
proof
of
and
23
maintain
liability
insurance
coverage
in
an
amount
established
24
by
the
state
fire
marshal.
The
state
fire
marshal
may
also
25
require
an
applicant
to
take
an
examination.
26
The
bill
provides
that
an
application
for
any
license
27
provided
in
the
bill
shall
be
made
on
a
form
provided
by
the
28
state
fire
marshal.
The
state
fire
marshal
shall
adopt
rules
29
establishing
standards
and
requirements
for
such
licenses
that
30
are
consistent
with
the
bill.
31
The
bill
requires
the
state
fire
marshal
to
establish
by
32
rule
an
annual
fee
schedule
for
licenses
provided
in
the
bill.
33
Such
fees
shall
be
deposited
in
the
consumer
fireworks
fee
fund
34
established
in
Code
section
100.19(7)(a).
35
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2328
The
bill
provides
that
a
pyrotechnic
display
in
Iowa
shall
1
be
conducted
by
a
licensed
lead
pyrotechnic
operator
who
is
2
employed
by
a
licensed
pyrotechnic
distributor
or
insured
under
3
a
licensed
pyrotechnic
distributor’s
product
liability
and
4
commercial
general
liability
insurance
coverage.
5
The
bill
provides
that
a
proximate
display
in
Iowa
shall
be
6
conducted
by
a
licensed
proximate
operator.
7
The
bill
requires
the
state
fire
marshal
to
adopt
rules
8
to
provide
that
a
person’s
license
may
be
revoked
for
an
9
intentional
violation
of
the
bill’s
provisions.
The
bill
10
establishes
a
procedure
for
any
such
action
by
the
state
fire
11
marshal,
as
described
in
the
bill.
The
bill
provides
that
a
12
new
license
shall
not
be
issued
to
a
person
whose
license
is
13
revoked.
14
The
bill
requires
the
state
fire
marshal
to
adopt
rules
to
15
administer
Code
section
100.19B.
16
The
bill
provides
that
a
person
who
violates
a
provision
17
of
Code
section
100.19B
or
a
rule
adopted
pursuant
to
such
18
Code
section
is
guilty
of
a
simple
misdemeanor.
A
simple
19
misdemeanor
is
punishable
by
confinement
for
no
more
than
30
20
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
by
21
both.
22
The
bill
makes
conforming
changes
by
specifying
that
any
23
permit
for
a
pyrotechnic
display
issued
by
a
city,
county,
or
24
department
of
natural
resources,
shall
require
the
pyrotechnic
25
display
to
be
conducted
by
a
licensed
lead
pyrotechnic
operator
26
as
provided
in
the
bill.
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