Bill Text: IA HF614 | 2015-2016 | 86th General Assembly | Amended

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Bill Title: A bill for an act relating to the possession, sale, transfer, purchase, and use of fireworks, providing fees and penalties, and including effective date provisions. (Formerly HSB 161)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2015-06-05 - Referred to State Government. S.J. 1122. [HF614 Detail]

Download: Iowa-2015-HF614-Amended.html

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House File 614 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON WAYS AND
                                     MEANS

                                 (SUCCESSOR TO HSB 161)
       (As Amended and Passed by the House May 20, 2015)

                                      A BILL FOR

  1 An Act relating to the possession, sale, transfer, purchase,
  2    and use of fireworks, providing fees and penalties, and
  3    including effective date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 614 (4) 86
    aw/nh/md

PAG LIN



  1  1                           DIVISION I
  1  2                      FIREWORKS REGULATION
  1  3    Section 1.  Section 100.1, subsection 4, paragraph b, Code
  1  4 2015, is amended to read as follows:
  1  5    b.  The storage, transportation, handling, and use of
  1  6 flammable liquids, combustibles, fireworks, and explosives;
  1  7    Sec. 2.  Section 100.1, Code 2015, is amended by adding the
  1  8 following new subsection:
  1  9    NEW SUBSECTION.  8.  To order the suspension of the use
  1 10 of consumer fireworks, display fireworks, or novelties, as
  1 11 described in section 727.2, if the fire marshal determines that
  1 12 the use of such devices would constitute a threat to public
  1 13 safety.
  1 14    Sec. 3.  NEW SECTION.  100.19  Consumer fireworks seller
  1 15 licensing ==== penalty.
  1 16    1.  As used in this section:
  1 17    a.  "APA 87=1" means the American pyrotechnics association
  1 18 standard 87=1, as published in December 2001.
  1 19    b.  "Community group" means a nonprofit entity that is open
  1 20 for membership to the general public which is exempt from
  1 21 federal income taxation pursuant to section 501(c)(3) of the
  1 22 Internal Revenue Code or a fraternal benefit society, as that
  1 23 term is defined in section 512B.3.
  1 24    c.  "First=class consumer fireworks" means the following
  1 25 consumer fireworks, as described in APA 87=1, chapter 3:
  1 26    (1)  Aerial shell kits and reloadable tubes.
  1 27    (2)  Chasers.
  1 28    (3)  Helicopter and aerial spinners.
  1 29    (4)  Firecrackers.
  1 30    (5)  Mine and shell devices.
  1 31    (6)  Missile=type rockets.
  1 32    (7)  Roman candles.
  1 33    (8)  Sky rockets and bottle rockets.
  1 34    (9)  Multiple tube devices under this paragraph "c" that are
  1 35 manufactured in accordance with APA 87=1, section 3.5.
  2  1    d.  "Retailer" means as defined in section 423.1.
  2  2    e.  "Second=class consumer fireworks" means the following
  2  3 consumer fireworks, as described in APA 87=1, chapter 3:
  2  4    (1)  Cone fountains.
  2  5    (2)  Cylindrical fountains.
  2  6    (3)  Flitter sparklers.
  2  7    (4)  Ground and hand=held sparkling devices, including
  2  8 multiple tube ground and hand=held sparkling devices that are
  2  9 manufactured in accordance with APA 87=1, section 3.5.
  2 10    (5)  Ground spinners.
  2 11    (6)  Illuminating torches.
  2 12    (7)  Toy smoke devices.
  2 13    (8)  Wheels.
  2 14    (9)  Wire or dipped sparklers.
  2 15    2.  a.  The state fire marshal shall establish a consumer
  2 16 fireworks seller license.  An application for a consumer
  2 17 fireworks seller license shall be made on a form provided
  2 18 by the state fire marshal.  The state fire marshal shall
  2 19 adopt rules consistent with this section establishing minimum
  2 20 requirements for a retailer or community group to be issued a
  2 21 consumer fireworks seller license.
  2 22    b.  A person shall possess a consumer fireworks seller
  2 23 license under this section in order to sell consumer fireworks.
  2 24    3.  a.  The state fire marshal shall establish a fee schedule
  2 25 for consumer fireworks seller licenses as follows:
  2 26    (1)  For a retailer who devotes fifty percent or more of
  2 27 the retailer's retail floor space to the sale or display of
  2 28 first=class consumer fireworks, an annual fee of eight hundred
  2 29 dollars.
  2 30    (2)  For a retailer who devotes less than fifty percent of
  2 31 the retailer's retail floor space to the sale or display of
  2 32 first=class consumer fireworks, an annual fee of four hundred
  2 33 dollars.
  2 34    (3)  For a community group that offers for sale, exposes for
  2 35 sale, or sells first=class consumer fireworks, an annual fee
  3  1 of four hundred dollars.
  3  2    (4)  For a retailer or community group that offers for sale,
  3  3 exposes for sale, or sells second=class consumer fireworks,
  3  4 but not first=class consumer fireworks, an annual fee of
  3  5 twenty=five dollars.
  3  6    b.  A license issued to a retailer or community group
  3  7 pursuant to paragraph "a", subparagraph (1), (2), or (3), shall
  3  8 allow the licensee to sell both first=class consumer fireworks
  3  9 and second=class consumer fireworks.
  3 10    4.  The state fire marshal shall adopt rules to:
  3 11    a.  Require that any retailer or community group offering
  3 12 for sale at retail any consumer fireworks, as described in APA
  3 13 87=1, chapter 3, shall do so in accordance with the national
  3 14 fire protection association standard 1124, published in the
  3 15 code for the manufacture, transportation, storage, and retail
  3 16 sales of fireworks and pyrotechnic articles, 2006 edition.
  3 17    b.  Require that a retailer or community group to be issued a
  3 18 license pursuant to this section provide proof of and maintain
  3 19 public liability insurance and product liability insurance
  3 20 with minimum per occurrence coverage of at least five million
  3 21 dollars.
  3 22    c.  Permit a retailer or community group issued a license
  3 23 pursuant to this section to sell consumer fireworks, as
  3 24 described in APA 87=1, chapter 3, at the following locations
  3 25 as specified:
  3 26    (1)  At a permanent building that meets the requirements of
  3 27 paragraph "a", year=round.
  3 28    (2)  At a temporary structure that meets the requirements of
  3 29 paragraph "a" between June 13 and July 11 each year.
  3 30    d.  A retailer or community group shall not transfer consumer
  3 31 fireworks, as described in APA 87=1, chapter 3, to a person who
  3 32 is under eighteen years of age.
  3 33    5.  a.  The state fire marshal shall adopt rules to provide
  3 34 that a person's consumer fireworks seller license may be
  3 35 revoked for the intentional violation of this section.  The
  4  1 proceedings for revocation shall be held before the division
  4  2 of the state fire marshal, which may revoke the license or
  4  3 licenses involved as provided in paragraph "b".
  4  4    b.  (1)  If, upon the hearing of the order to show cause,
  4  5 the division of the state fire marshal finds that the licensee
  4  6 intentionally violated this section, then the license or
  4  7 licenses under which the licensed retailer or community group
  4  8 sells first=class consumer fireworks or second=class consumer
  4  9 fireworks, shall be revoked.
  4 10    (2)  Judicial review of actions of the division of the
  4 11 state fire marshal may be sought in accordance with the terms
  4 12 of the Iowa administrative procedure Act, chapter 17A.  If
  4 13 the licensee has not filed a petition for judicial review in
  4 14 district court, revocation shall date from the thirty=first
  4 15 day following the date of the order of the division of the
  4 16 state fire marshal.  If the licensee has filed a petition for
  4 17 judicial review, revocation shall date from the thirty=first
  4 18 day following entry of the order of the district court, if
  4 19 action by the district court is adverse to the licensee.
  4 20    (3)  A new license shall not be issued to a person whose
  4 21 license has been revoked, or to the business in control of the
  4 22 premises on which the violation occurred if it is established
  4 23 that the owner of the business had actual knowledge of the
  4 24 violation resulting in the license revocation, for the period
  4 25 of one year following the date of revocation.
  4 26    6.  a.  A consumer fireworks fee fund is created in the
  4 27 state treasury under the control of the state fire marshal.
  4 28 Notwithstanding section 12C.7, interest or earnings on
  4 29 moneys in the consumer fireworks fee fund shall be credited
  4 30 to the consumer fireworks fee fund. Moneys in the fund are
  4 31 appropriated to the state fire marshal to be used to fulfill
  4 32 the responsibilities of the state fire marshal for the
  4 33 administration and enforcement of this section and section
  4 34 100.19A and to provide grants pursuant to paragraph "b".  The
  4 35 fund shall include the fees collected by the state fire marshal
  5  1 under the fee schedule established pursuant to subsection 3
  5  2 and the fees collected by the state fire marshal under section
  5  3 100.19A for wholesaler registration.
  5  4    b.  The state fire marshal shall establish a local fire
  5  5 protection and emergency medical service providers grant
  5  6 program to provide grants to local fire protection service
  5  7 providers and local emergency medical service providers to
  5  8 establish or provide fireworks safety education programming
  5  9 to members of the public.  The state fire marshal may also
  5 10 provide grants to local fire protection service providers and
  5 11 local emergency medical service providers for the purchase
  5 12 of necessary enforcement, protection, or emergency response
  5 13 equipment related to the sale and use of consumer fireworks in
  5 14 this state.
  5 15    7.  The state fire marshal shall adopt rules for the
  5 16 administration of this section.
  5 17    8.  A person who violates a provision of this section or a
  5 18 rule adopted pursuant to this section is guilty of a simple
  5 19 misdemeanor.
  5 20    Sec. 4.  NEW SECTION.  100.19A  Consumer fireworks wholesaler
  5 21 ==== registration ==== penalty.
  5 22    1.  For purposes of this section:
  5 23    a.  "Consumer fireworks" means first=class consumer fireworks
  5 24 and second=class consumer fireworks, as those terms are defined
  5 25 in section 100.19.
  5 26    b.  "Wholesaler" means a person who engages in the business
  5 27 of selling or distributing consumer fireworks for the purpose
  5 28 of resale in this state.
  5 29    2.  The state fire marshal shall adopt rules to require all
  5 30 wholesalers to annually register with the state fire marshal.
  5 31 The state fire marshal may also adopt rules to regulate the
  5 32 storage or transfer of consumer fireworks by wholesalers and to
  5 33 require wholesalers to maintain insurance.
  5 34    3.  The state fire marshal shall establish an annual
  5 35 registration fee of one thousand dollars for wholesalers
  6  1 of consumer fireworks within the state. Registration fees
  6  2 collected pursuant to this section shall be deposited in
  6  3 the consumer fireworks fee fund created in section 100.19,
  6  4 subsection 6.
  6  5    4.  A person who violates a provision of this section or a
  6  6 rule adopted pursuant to this section is guilty of a simple
  6  7 misdemeanor.
  6  8    Sec. 5.  Section 101A.1, subsection 3, Code 2015, is amended
  6  9 to read as follows:
  6 10    3.  "Explosive" means any chemical compound, mixture
  6 11 or device, the primary or common purpose of which is to
  6 12 function by explosion with substantially instantaneous
  6 13 release of gas and heat, unless such compound, mixture, or
  6 14 device is otherwise specifically classified by the United
  6 15 States department of transportation. The term "explosive"
  6 16 includes all materials which are classified as a class 1,
  6 17 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States
  6 18 department of transportation, under 49 C.F.R. {173.50, and all
  6 19 materials classified as explosive materials under 18 U.S.C.
  6 20 {841, and includes, but is not limited to, dynamite, black
  6 21 powder, pellet powders, initiating explosives, blasting caps,
  6 22 electric blasting caps, safety fuse, fuse lighters, fuse
  6 23 igniters, squibs, cordeau detonative fuse, instantaneous fuse,
  6 24 igniter cord, igniters, smokeless propellant, cartridges for
  6 25 propellant=actuated power devices, cartridges for industrial
  6 26 guns, and overpressure devices, but does not include "fireworks"
  6 27  as "consumer fireworks", "display fireworks", or "novelties" as
  6 28 those terms are defined in section 727.2 or ammunition or small
  6 29 arms primers manufactured for use in shotguns, rifles, and
  6 30 pistols. Commercial explosives are those explosives which are
  6 31 intended to be used in commercial or industrial operations.
  6 32    Sec. 6.  Section 331.301, Code 2015, is amended by adding the
  6 33 following new subsection:
  6 34    NEW SUBSECTION.  17.  The board of supervisors may by
  6 35 ordinance or resolution limit or restrict the use of consumer
  7  1 fireworks or display fireworks, as described in section 727.2,
  7  2 if the board determines that the use of such devices would
  7  3 constitute a threat to public safety or private property, or
  7  4 if the board determines that the use of such devices would
  7  5 constitute a nuisance to neighboring landowners.
  7  6    Sec. 7.  Section 331.304, subsection 9, Code 2015, is amended
  7  7 to read as follows:
  7  8    9.  The board, upon application, may grant permits for the
  7  9 display use of display fireworks as provided in section 727.2.
  7 10    Sec. 8.  Section 364.2, Code 2015, is amended by adding the
  7 11 following new subsection:
  7 12    NEW SUBSECTION.  6.  A city council may by ordinance or
  7 13 resolution prohibit or limit the use of consumer fireworks,
  7 14 display fireworks, or novelties, as described in section 727.2.
  7 15    Sec. 9.  Section 461A.42, subsection 2, Code 2015, is amended
  7 16 to read as follows:
  7 17    2.  The use of consumer fireworks or display fireworks,
  7 18 as defined in section 727.2, in state parks and preserves is
  7 19 prohibited except as authorized by a permit issued by the
  7 20 department. The commission shall establish, by rule adopted
  7 21 pursuant to chapter 17A, a fireworks permit system which
  7 22 authorizes the issuance of a limited number of permits to
  7 23 qualified persons to use or display fireworks in selected state
  7 24 parks and preserves.
  7 25    Sec. 10.  Section 727.2, Code 2015, is amended to read as
  7 26 follows:
  7 27    727.2  Fireworks.
  7 28    1.  Definitions. For purposes of this section:
  7 29    a.  "Consumer fireworks" includes first=class consumer
  7 30 fireworks and second=class consumer fireworks as those terms
  7 31 are defined in section 100.19, subsection 1.
  7 32    b.  The term "fireworks" "Display fireworks" includes any
  7 33 explosive composition, or combination of explosive substances,
  7 34 or article prepared for the purpose of producing a visible
  7 35 or audible effect by combustion, explosion, deflagration,
  8  1 or detonation, and includes blank cartridges, firecrackers,
  8  2 torpedoes, skyrockets, roman candles, or other fireworks of
  8  3 like construction and fireworks containing any explosive or
  8  4 flammable compound, or other device containing any explosive
  8  5 substance. The term "fireworks" "Display fireworks" does not
  8  6 include goldstar=producing sparklers on wires which contain
  8  7 no magnesium or chlorate or perchlorate, flitter sparklers
  8  8 in paper tubes that do not exceed one=eighth of an inch in
  8  9 diameter, toy snakes which contain no mercury, or caps used
  8 10 in cap pistols novelties or consumer fireworks enumerated in
  8 11 chapter 3 of the American pyrotechnics association's standard
  8 12 87=1.
  8 13    c.  "Novelties" includes all novelties enumerated in chapter
  8 14 3 of the American pyrotechnics association's standard 87=1, and
  8 15 that comply with the labeling regulations promulgated by the
  8 16 United States consumer product safety commission.
  8 17    2.  Display fireworks.
  8 18    a.  A person, firm, partnership, or corporation who offers
  8 19 for sale, exposes for sale, sells at retail, or uses or
  8 20 explodes any display fireworks, commits a simple misdemeanor.
  8 21 In addition to any other penalties, the punishment imposed
  8 22 for a violation of this section shall include assessment
  8 23 of, punishable by a fine of not less than two hundred fifty
  8 24 dollars. However, the a city council of a city or a county
  8 25 board of supervisors may, upon application in writing, grant a
  8 26 permit for the display of display fireworks by municipalities,
  8 27 fair associations, amusement parks, and other organizations
  8 28 or groups of individuals approved by the city or the county
  8 29 board of supervisors when the display fireworks display will
  8 30 be handled by a competent operator, but no such permit shall
  8 31 be required for the display of display fireworks at the Iowa
  8 32 state fairgrounds by the Iowa state fair board, at incorporated
  8 33 county fairs, or at district fairs receiving state aid. Sales
  8 34 of display fireworks for such display may be made for that
  8 35 purpose only.
  9  1    b.  (1)  A person who uses or explodes display fireworks
  9  2 while the use of such devices is prohibited or limited by an
  9  3 ordinance adopted by the county or city in which the firework
  9  4 is used commits a simple misdemeanor, punishable by a fine of
  9  5 not less than two hundred fifty dollars.
  9  6    (2)  A person who uses or explodes display fireworks while
  9  7 the use of such devices is suspended by an order of the state
  9  8 fire marshal commits a simple misdemeanor, punishable by a fine
  9  9 of not less than two hundred fifty dollars.
  9 10    3.  Consumer fireworks and novelties.
  9 11    a.  A person or a firm, partnership, or corporation may
  9 12 possess, use, or explode consumer fireworks in accordance with
  9 13 this subsection and subsection 4.
  9 14    b.  A person, firm, partnership, or corporation who sells
  9 15 consumer fireworks to a person who is less than eighteen years
  9 16 of age commits a simple misdemeanor, punishable by a fine of
  9 17 not less than two hundred fifty dollars.  A person who is less
  9 18 than eighteen years of age who purchases consumer fireworks
  9 19 commits a simple misdemeanor, punishable by a fine of not less
  9 20 than two hundred fifty dollars.
  9 21    c.  (1)  A person who uses or explodes consumer fireworks
  9 22 or novelties while the use of such devices is prohibited or
  9 23 limited by an ordinance adopted by the county or city in which
  9 24 the fireworks are used commits a simple misdemeanor, punishable
  9 25 by a fine of not less than two hundred fifty dollars.
  9 26    (2)  A person who uses or explodes consumer fireworks or
  9 27 novelties while the use of such devices is suspended by an
  9 28 order of the state fire marshal commits a simple misdemeanor,
  9 29 punishable by a fine of not less than two hundred fifty
  9 30 dollars.
  9 31    4.  Limitations.
  9 32    a.  A person shall not use or explode consumer fireworks at
  9 33 times other than between the hours of  9:00 a.m. and 10:00 p.m.,
  9 34 except that on the following dates consumer fireworks shall not
  9 35 be used at times other than between the hours of 9:00 a.m. and
 10  1 12:30 a.m. on the immediately following day:
 10  2    (1)  Memorial Day and the Saturday and Sunday immediately
 10  3 preceding that day.
 10  4    (2)  July 4 and the Saturdays and Sundays immediately
 10  5 preceding and following July 4.
 10  6    (3)  Labor Day and the Saturday and Sunday immediately
 10  7 preceding that day.
 10  8    (4)  December 31 and the Saturdays and Sundays immediately
 10  9 preceding and following December 31.
 10 10    b.  A person shall not use consumer fireworks on real
 10 11 property other than that person's real property or on the real
 10 12 property of a person who has consented to the use of consumer
 10 13 fireworks on that property.
 10 14    c.  A person who violates this subsection commits a simple
 10 15 misdemeanor.  A court shall not order imprisonment for
 10 16 violation of this subsection.
 10 17    3.  5.  Applicability.
 10 18    a.  This section does not prohibit the sale by a resident,
 10 19 dealer, manufacturer, or jobber of such fireworks as are
 10 20 not prohibited by this section, or the sale of any kind of
 10 21 fireworks if they are to be shipped out of the state, or the
 10 22 sale or use of blank cartridges for a show or the theater,
 10 23 or for signal purposes in athletic sports or by railroads
 10 24 or trucks, for signal purposes, or by a recognized military
 10 25 organization.
 10 26    b.  This section does not apply to any substance or
 10 27 composition prepared and sold for medicinal or fumigation
 10 28 purposes.
 10 29    c.  Unless specifically provided otherwise, this section does
 10 30 not apply to novelties.
 10 31    Sec. 11.  EFFECTIVE DATE.  This division of this Act takes
 10 32 effect December 1, 2015.
 10 33                           DIVISION II
 10 34                           RULEMAKING
 10 35    Sec. 12.  EMERGENCY RULES.  The state fire marshal shall
 11  1 adopt emergency rules under section 17A.4, subsection 3, and
 11  2 section 17A.5, subsection 2, paragraph "b", to implement
 11  3 the provisions of this Act and the rules shall be effective
 11  4 immediately upon filing unless a later date is specified in the
 11  5 rules.  Any rules adopted in accordance with this section shall
 11  6 also be published as a notice of intended action as provided
 11  7 in section 17A.4.
 11  8    Sec. 13.  EFFECTIVE UPON ENACTMENT.  This division of this
 11  9 Act, being deemed of immediate importance, takes effect upon
 11 10 enactment.
       HF 614 (4) 86
       aw/nh/md