Bill Text: IA HSB161 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the possession, sale, transfer, purchase, and use of fireworks and providing penalties.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-03-25 - Voted - Ways and Means. [HSB161 Detail]
Download: Iowa-2015-HSB161-Introduced.html
House
Study
Bill
161
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
SANDS)
A
BILL
FOR
An
Act
relating
to
the
possession,
sale,
transfer,
purchase,
1
and
use
of
fireworks
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1950YC
(3)
86
aw/nh
H.F.
_____
Section
1.
Section
100.1,
subsection
4,
paragraph
b,
Code
1
2015,
is
amended
to
read
as
follows:
2
b.
The
storage,
transportation,
handling,
and
use
of
3
flammable
liquids,
combustibles,
fireworks,
and
explosives;
4
Sec.
2.
Section
100.1,
Code
2015,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
8.
To
order
the
suspension
of
the
use
7
of
consumer
fireworks,
display
fireworks,
or
novelties,
as
8
described
in
section
727.2,
if
the
fire
marshal
determines
that
9
the
use
of
such
devices
would
constitute
a
threat
to
public
10
safety.
11
Sec.
3.
NEW
SECTION
.
100.19
Consumer
fireworks
seller
12
licensing
——
penalty.
13
1.
As
used
in
this
section:
14
a.
“APA
87-1”
means
the
American
pyrotechnics
association
15
standard
87-1,
as
published
in
December
2001.
16
b.
“Community
group”
means
a
nonprofit
entity
that
is
open
17
for
membership
to
the
general
public
which
is
exempt
from
18
federal
income
taxation
pursuant
to
section
501(c)(3)
of
the
19
Internal
Revenue
Code
or
a
fraternal
benefit
society,
as
that
20
term
is
defined
in
section
512B.3.
21
c.
“First-class
consumer
fireworks”
means
the
following
22
consumer
fireworks,
as
described
in
APA
87-1,
chapter
3:
23
(1)
Aerial
shell
kits
and
reloadable
tubes.
24
(2)
Chasers.
25
(3)
Helicopter
and
aerial
spinners.
26
(4)
Firecrackers.
27
(5)
Mine
and
shell
devices.
28
(6)
Missile-type
rockets.
29
(7)
Roman
candles.
30
(8)
Sky
rockets
and
bottle
rockets.
31
(9)
Multiple
tube
devices
under
this
paragraph
“c”
that
are
32
manufactured
in
accordance
with
APA
87-1,
section
3.5.
33
d.
“Retailer”
means
an
individual
or
entity
engaged
in
34
this
state
in
the
business
of
selling
consumer
fireworks,
as
35
-1-
LSB
1950YC
(3)
86
aw/nh
1/
13
H.F.
_____
described
in
APA
87-1,
chapter
3,
on
a
retail
basis.
1
e.
“Second-class
consumer
fireworks”
means
the
following
2
consumer
fireworks,
as
described
in
APA
87-1,
chapter
3:
3
(1)
Cone
fountains.
4
(2)
Cylindrical
fountains.
5
(3)
Flitter
sparklers.
6
(4)
Ground
and
hand-held
sparkling
devices,
including
7
multiple
tube
ground
and
hand-held
sparkling
devices
that
are
8
manufactured
in
accordance
with
APA
87-1,
section
3.5.
9
(5)
Ground
spinners.
10
(6)
Illuminating
torches.
11
(7)
Toy
smoke
devices.
12
(8)
Wheels.
13
(9)
Wire
or
dipped
sparklers.
14
2.
a.
The
state
fire
marshal
shall
establish
a
consumer
15
fireworks
seller
license.
An
application
for
a
consumer
16
fireworks
seller
license
shall
be
made
on
a
form
provided
17
by
the
state
fire
marshal.
The
state
fire
marshal
shall
18
adopt
rules
consistent
with
this
section
establishing
minimum
19
requirements
for
a
retailer
or
community
group
to
be
issued
a
20
consumer
fireworks
seller
license.
21
b.
A
person
shall
possess
a
consumer
fireworks
seller
22
license
under
this
section
in
order
to
sell
consumer
fireworks.
23
3.
a.
The
state
fire
marshal
shall
establish
a
fee
schedule
24
for
consumer
fireworks
seller
licenses
as
follows:
25
(1)
For
a
retailer
who
devotes
fifty
percent
or
more
of
26
the
retailer’s
retail
floor
space
to
the
sale
or
display
of
27
first-class
consumer
fireworks,
an
annual
fee
of
four
hundred
28
dollars.
29
(2)
For
a
retailer
who
devotes
less
than
fifty
percent
of
30
the
retailer’s
retail
floor
space
to
the
sale
or
display
of
31
first-class
consumer
fireworks,
an
annual
fee
of
two
hundred
32
dollars.
33
(3)
For
a
community
group
that
offers
for
sale,
exposes
for
34
sale,
or
sells
first-class
consumer
fireworks,
an
annual
fee
35
-2-
LSB
1950YC
(3)
86
aw/nh
2/
13
H.F.
_____
of
two
hundred
dollars.
1
(4)
For
a
retailer
or
community
group
that
offers
for
sale,
2
exposes
for
sale,
or
sells
second-class
consumer
fireworks,
3
but
not
first-class
consumer
fireworks,
an
annual
fee
of
4
twenty-five
dollars.
5
b.
A
license
issued
to
a
retailer
or
community
group
6
pursuant
to
paragraph
“a”
,
subparagraph
(1),
(2),
or
(3),
shall
7
allow
the
licensee
to
sell
both
first-class
consumer
fireworks
8
and
second-class
consumer
fireworks.
9
4.
The
state
fire
marshal
shall
adopt
rules
to:
10
a.
Require
that
any
retailer
or
community
group
offering
11
for
sale
at
retail
any
consumer
fireworks,
as
described
in
APA
12
87-1,
chapter
3,
shall
do
so
in
accordance
with
the
national
13
fire
protection
association
standard
1124,
published
in
the
14
code
for
the
manufacture,
transportation,
storage,
and
retail
15
sales
of
fireworks
and
pyrotechnic
articles,
2006
edition.
16
b.
Require
that
a
retailer
or
community
group
to
be
issued
a
17
license
pursuant
to
this
section
provide
proof
of
and
maintain
18
public
liability
insurance
and
product
liability
insurance
19
with
minimum
per
occurrence
coverage
of
at
least
five
million
20
dollars.
21
c.
Permit
a
retailer
or
community
group
issued
a
license
22
pursuant
to
this
section
to
sell
consumer
fireworks,
as
23
described
in
APA
87-1,
chapter
3,
at
the
following
locations
24
as
specified:
25
(1)
At
a
permanent
building
that
meets
the
requirements
of
26
paragraph
“a”
,
year-round.
27
(2)
At
a
temporary
structure
that
meets
the
requirements
of
28
paragraph
“a”
between
June
13
and
July
11
each
year.
29
d.
A
retailer
or
community
group
shall
not
transfer
consumer
30
fireworks,
as
described
in
APA
87-1,
chapter
3,
to
a
person
who
31
is
under
eighteen
years
of
age.
32
5.
a.
The
state
fire
marshal
shall
adopt
rules
to
provide
33
that
a
person’s
consumer
fireworks
seller
license
may
be
34
revoked
for
the
intentional
violation
of
this
section.
The
35
-3-
LSB
1950YC
(3)
86
aw/nh
3/
13
H.F.
_____
proceedings
for
revocation
shall
be
held
before
the
division
1
of
the
state
fire
marshal,
which
may
revoke
the
license
or
2
licenses
involved
as
provided
in
paragraph
“b”
.
3
b.
(1)
If,
upon
the
hearing
of
the
order
to
show
cause,
4
the
division
of
the
state
fire
marshal
finds
that
the
licensee
5
intentionally
violated
this
section,
then
the
license
or
6
licenses
under
which
the
licensed
retailer
or
community
group
7
sells
first-class
consumer
fireworks
or
second-class
consumer
8
fireworks,
shall
be
revoked.
9
(2)
Judicial
review
of
actions
of
the
division
of
the
10
state
fire
marshal
may
be
sought
in
accordance
with
the
terms
11
of
the
Iowa
administrative
procedure
Act,
chapter
17A.
If
12
the
licensee
has
not
filed
a
petition
for
judicial
review
in
13
district
court,
revocation
shall
date
from
the
thirty-first
14
day
following
the
date
of
the
order
of
the
division
of
the
15
state
fire
marshal.
If
the
licensee
has
filed
a
petition
for
16
judicial
review,
revocation
shall
date
from
the
thirty-first
17
day
following
entry
of
the
order
of
the
district
court,
if
18
action
by
the
district
court
is
adverse
to
the
licensee.
19
(3)
A
new
license
or
shall
not
be
issued
to
a
person
whose
20
license
has
been
revoked,
or
to
the
business
in
control
of
the
21
premises
on
which
the
violation
occurred
if
it
is
established
22
that
the
owner
of
the
business
had
actual
knowledge
of
the
23
violation
resulting
in
the
license
revocation,
for
the
period
24
of
one
year
following
the
date
of
revocation.
25
6.
a.
A
consumer
fireworks
seller
license
fee
fund
is
26
created
in
the
state
treasury
under
the
control
of
the
state
27
fire
marshal.
Notwithstanding
section
12C.7,
interest
or
28
earnings
on
moneys
in
the
consumer
fireworks
seller
license
fee
29
fund
shall
be
credited
to
the
consumer
fireworks
seller
license
30
fee
fund.
Moneys
in
the
fund
are
appropriated
to
the
state
31
fire
marshal
to
be
used
to
fulfill
the
responsibilities
of
32
the
state
fire
marshal
for
the
administration
and
enforcement
33
of
this
section
and
to
provide
grants
pursuant
to
paragraph
34
“b”
.
The
fund
shall
include
the
fees
collected
by
the
state
35
-4-
LSB
1950YC
(3)
86
aw/nh
4/
13
H.F.
_____
fire
marshal
under
the
fee
schedule
established
pursuant
to
1
subsection
3.
2
b.
The
state
fire
marshal
shall
establish
a
local
fire
3
protection
and
emergency
medical
service
providers
grant
4
program
to
provide
grants
to
local
fire
protection
service
5
providers
and
local
emergency
medical
service
providers
to
6
establish
or
provide
fireworks
safety
education
programming
7
to
members
of
the
public.
The
state
fire
marshal
may
also
8
provide
grants
to
local
fire
protection
service
providers
and
9
local
emergency
medical
service
providers
for
the
purchase
10
of
necessary
enforcement,
protection,
or
emergency
response
11
equipment
related
to
the
sale
and
use
of
consumer
fireworks
in
12
this
state.
13
7.
The
state
fire
marshal
shall
adopt
rules
for
the
14
administration
of
this
section.
15
8.
A
person
who
violates
a
provision
of
this
section
or
a
16
rule
adopted
pursuant
to
this
section
is
guilty
of
a
simple
17
misdemeanor.
18
Sec.
4.
Section
101A.1,
subsection
3,
Code
2015,
is
amended
19
to
read
as
follows:
20
3.
“Explosive”
means
any
chemical
compound,
mixture
21
or
device,
the
primary
or
common
purpose
of
which
is
to
22
function
by
explosion
with
substantially
instantaneous
23
release
of
gas
and
heat,
unless
such
compound,
mixture,
or
24
device
is
otherwise
specifically
classified
by
the
United
25
States
department
of
transportation.
The
term
“explosive”
26
includes
all
materials
which
are
classified
as
a
class
1,
27
division
1.1,
1.2,
1.3,
or
1.4
explosive
by
the
United
States
28
department
of
transportation,
under
49
C.F.R.
§173.50,
and
all
29
materials
classified
as
explosive
materials
under
18
U.S.C.
30
§841,
and
includes,
but
is
not
limited
to,
dynamite,
black
31
powder,
pellet
powders,
initiating
explosives,
blasting
caps,
32
electric
blasting
caps,
safety
fuse,
fuse
lighters,
fuse
33
igniters,
squibs,
cordeau
detonative
fuse,
instantaneous
fuse,
34
igniter
cord,
igniters,
smokeless
propellant,
cartridges
for
35
-5-
LSB
1950YC
(3)
86
aw/nh
5/
13
H.F.
_____
propellant-actuated
power
devices,
cartridges
for
industrial
1
guns,
and
overpressure
devices,
but
does
not
include
“fireworks”
2
as
“consumer
fireworks”
,
“display
fireworks”
,
or
“novelties”
as
3
those
terms
are
defined
in
section
727.2
or
ammunition
or
small
4
arms
primers
manufactured
for
use
in
shotguns,
rifles,
and
5
pistols.
Commercial
explosives
are
those
explosives
which
are
6
intended
to
be
used
in
commercial
or
industrial
operations.
7
Sec.
5.
Section
331.301,
Code
2015,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
17.
The
board
of
supervisors
may
by
10
resolution
suspend
the
use
of
display
fireworks,
as
described
11
in
section
727.2,
if
the
board
determines
that
the
use
of
such
12
devices
would
constitute
a
threat
to
public
safety.
13
Sec.
6.
Section
331.304,
subsection
9,
Code
2015,
is
amended
14
to
read
as
follows:
15
9.
The
board,
upon
application,
may
grant
permits
for
the
16
display
use
of
display
fireworks
as
provided
in
section
727.2
.
17
Sec.
7.
Section
364.2,
Code
2015,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
6.
A
city
council
may
by
resolution
suspend
20
the
use
of
consumer
fireworks,
display
fireworks,
or
novelties,
21
as
described
in
section
727.2,
if
the
city
council
determines
22
that
the
use
of
such
devices
would
constitute
a
threat
to
23
public
safety.
24
Sec.
8.
Section
461A.42,
subsection
2,
Code
2015,
is
amended
25
to
read
as
follows:
26
2.
The
use
of
consumer
fireworks,
display
fireworks,
and
27
novelties,
as
defined
in
section
727.2
,
in
state
parks
and
28
preserves
is
prohibited
except
as
authorized
by
a
permit
issued
29
by
the
department.
The
commission
shall
establish,
by
rule
30
adopted
pursuant
to
chapter
17A
,
a
fireworks
permit
system
31
which
authorizes
the
issuance
of
a
limited
number
of
permits
to
32
qualified
persons
to
use
or
display
fireworks
in
selected
state
33
parks
and
preserves.
34
Sec.
9.
Section
727.2,
Code
2015,
is
amended
to
read
as
35
-6-
LSB
1950YC
(3)
86
aw/nh
6/
13
H.F.
_____
follows:
1
727.2
Fireworks.
2
1.
Definitions.
For
purposes
of
this
section:
3
a.
“Consumer
fireworks”
includes
first-class
consumer
4
fireworks
and
second-class
consumer
fireworks
as
those
terms
5
are
defined
in
section
100.19,
subsection
1.
6
b.
The
term
“fireworks”
“Display
fireworks”
includes
any
7
explosive
composition,
or
combination
of
explosive
substances,
8
or
article
prepared
for
the
purpose
of
producing
a
visible
9
or
audible
effect
by
combustion,
explosion,
deflagration,
10
or
detonation,
and
includes
blank
cartridges,
firecrackers,
11
torpedoes,
skyrockets,
roman
candles,
or
other
fireworks
of
12
like
construction
and
fireworks
containing
any
explosive
or
13
flammable
compound,
or
other
device
containing
any
explosive
14
substance.
The
term
“fireworks”
“Display
fireworks”
does
not
15
include
goldstar-producing
sparklers
on
wires
which
contain
16
no
magnesium
or
chlorate
or
perchlorate,
flitter
sparklers
17
in
paper
tubes
that
do
not
exceed
one-eighth
of
an
inch
in
18
diameter,
toy
snakes
which
contain
no
mercury,
or
caps
used
19
in
cap
pistols
novelties
or
consumer
fireworks
enumerated
in
20
chapter
3
of
the
American
pyrotechnics
association’s
standard
21
87-1
.
22
c.
“Novelties”
includes
all
novelties
enumerated
in
chapter
23
3
of
the
American
pyrotechnics
association’s
standard
87-1,
and
24
that
comply
with
the
labeling
regulations
promulgated
by
the
25
United
States
consumer
product
safety
commission.
26
2.
Display
fireworks.
27
a.
A
person,
firm,
partnership,
or
corporation
who
offers
28
for
sale,
exposes
for
sale,
sells
at
retail,
or
uses
or
29
explodes
any
display
fireworks,
commits
a
simple
misdemeanor
.
30
In
addition
to
any
other
penalties,
the
punishment
imposed
31
for
a
violation
of
this
section
shall
include
assessment
32
of
,
punishable
by
a
fine
of
not
less
than
two
hundred
fifty
33
dollars.
However,
the
a
city
council
of
a
city
or
a
county
34
board
of
supervisors
may,
upon
application
in
writing,
grant
a
35
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_____
permit
for
the
display
of
display
fireworks
by
municipalities,
1
fair
associations,
amusement
parks,
and
other
organizations
2
or
groups
of
individuals
approved
by
the
city
or
the
county
3
board
of
supervisors
when
the
display
fireworks
display
will
4
be
handled
by
a
competent
operator,
but
no
such
permit
shall
5
be
required
for
the
display
of
display
fireworks
at
the
Iowa
6
state
fairgrounds
by
the
Iowa
state
fair
board,
at
incorporated
7
county
fairs,
or
at
district
fairs
receiving
state
aid.
Sales
8
of
display
fireworks
for
such
display
may
be
made
for
that
9
purpose
only.
10
b.
(1)
A
person
who
uses
or
explodes
display
fireworks
11
while
the
use
of
such
devices
is
suspended
by
a
resolution
12
adopted
by
the
county
or
city
in
which
the
firework
is
used
13
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
not
less
14
than
two
hundred
fifty
dollars.
15
(2)
A
person
who
uses
or
explodes
display
fireworks
while
16
the
use
of
such
devices
is
suspended
by
an
order
of
the
state
17
fire
marshal
commits
a
simple
misdemeanor,
punishable
by
a
fine
18
of
not
less
than
two
hundred
fifty
dollars.
19
3.
Consumer
fireworks
and
novelties.
20
a.
A
person
or
a
firm,
partnership,
or
corporation
may
21
possess,
use,
or
explode
consumer
fireworks
in
accordance
with
22
this
subsection
and
subsection
4.
23
b.
A
person,
firm,
partnership,
or
corporation
who
sells
24
consumer
fireworks
to
a
person
who
is
less
than
eighteen
years
25
of
age
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
26
not
less
than
two
hundred
fifty
dollars.
A
person
who
is
less
27
than
eighteen
years
of
age
who
purchases
consumer
fireworks
28
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
not
less
29
than
two
hundred
fifty
dollars.
30
c.
(1)
A
person
who
uses
or
explodes
consumer
fireworks
31
or
novelties
while
the
use
of
such
devices
is
suspended
by
a
32
resolution
adopted
by
the
city
in
which
the
fireworks
are
used
33
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
not
less
34
than
two
hundred
fifty
dollars.
35
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(2)
A
person
who
uses
or
explodes
consumer
fireworks
or
1
novelties
while
the
use
of
such
devices
is
suspended
by
an
2
order
of
the
state
fire
marshal
commits
a
simple
misdemeanor,
3
punishable
by
a
fine
of
not
less
than
two
hundred
fifty
4
dollars.
5
4.
Limitations.
6
a.
A
person
shall
not
use
or
explode
consumer
fireworks
at
7
times
other
than
between
the
hours
of
9:00
a.m.
and
10:00
p.m.,
8
except
that
on
the
following
dates
consumer
fireworks
shall
not
9
be
used
at
times
other
than
between
the
hours
of
9:00
a.m.
and
10
12:30
a.m.
on
the
immediately
following
day:
11
(1)
Memorial
Day
and
the
Saturday
and
Sunday
immediately
12
preceding
that
day.
13
(2)
July
4
and
the
Saturdays
and
Sundays
immediately
14
preceding
and
following
July
4.
15
(3)
Labor
Day
and
the
Saturday
and
Sunday
immediately
16
preceding
that
day.
17
(4)
December
31
and
the
Saturdays
and
Sundays
immediately
18
preceding
and
following
December
31.
19
b.
A
person
shall
not
use
consumer
fireworks
on
real
20
property
other
than
that
person’s
real
property
or
on
the
real
21
property
of
a
person
who
has
consented
to
the
use
of
consumer
22
fireworks
on
that
property.
23
c.
A
person
who
violates
this
subsection
commits
a
simple
24
misdemeanor
punishable
by
a
fine
of
not
less
than
fifty
dollars
25
and
not
more
than
five
hundred
dollars.
26
3.
5.
Applicability.
27
a.
This
section
does
not
prohibit
the
sale
by
a
resident,
28
dealer,
manufacturer,
or
jobber
of
such
fireworks
as
are
29
not
prohibited
by
this
section
,
or
the
sale
of
any
kind
of
30
fireworks
if
they
are
to
be
shipped
out
of
the
state,
or
the
31
sale
or
use
of
blank
cartridges
for
a
show
or
the
theater,
32
or
for
signal
purposes
in
athletic
sports
or
by
railroads
33
or
trucks,
for
signal
purposes,
or
by
a
recognized
military
34
organization.
35
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b.
This
section
does
not
apply
to
any
substance
or
1
composition
prepared
and
sold
for
medicinal
or
fumigation
2
purposes.
3
c.
Unless
specifically
provided
otherwise,
this
section
does
4
not
apply
to
novelties.
5
Sec.
10.
EFFECTIVE
DATE.
This
Act
takes
effect
June
1,
6
2015.
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
provides
for
the
legal
sale
and
use
of
novelties
11
and
consumer
fireworks
within
the
state.
12
The
bill
provides
that
the
state
fire
marshal
has
the
duty
to
13
enforce
all
laws,
and
rules
of
the
department
of
public
safety
14
concerned
with
the
storage,
transportation,
handling,
and
use
15
of
fireworks.
16
Current
law
provides
that
a
person,
firm,
partnership,
or
17
corporation
who
offers
for
sale,
exposes
for
sale,
sells
at
18
retail,
or
uses
or
explodes
any
fireworks,
commits
a
simple
19
misdemeanor.
Current
law,
however,
also
provides
that
a
county
20
board
of
supervisors
or
the
department
of
natural
resources
may
21
grant
a
permit
for
the
display
of
fireworks
if
the
fireworks
22
display
will
be
handled
by
a
competent
operator.
Current
23
law
further
provides
that
the
term
“fireworks”
includes
any
24
explosive
composition,
or
combination
of
explosive
substances,
25
or
article
prepared
for
the
purpose
of
producing
a
visible
26
or
audible
effect
by
combustion,
explosion,
deflagration,
27
or
detonation,
including
blank
cartridges,
firecrackers,
28
torpedoes,
skyrockets,
roman
candles,
or
other
fireworks
of
29
like
construction
and
fireworks
containing
any
explosive
or
30
flammable
compound,
or
other
device
containing
any
explosive
31
substance
with
limited
exceptions.
32
The
bill
maintains
these
restrictions
for
display
fireworks
33
and
provides
that
the
term
“display
fireworks”
shall
not
34
include
novelties
or
consumer
fireworks.
The
bill
provides
35
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_____
definitions
for
the
terms
“novelties”
and
“consumer
fireworks”.
1
The
bill
requires
that
the
state
fire
marshal
establish
2
a
consumer
fireworks
seller
license,
and
requires
possession
3
of
such
a
license
to
legally
sell
consumer
fireworks
in
this
4
state.
The
state
fire
marshal
is
required
to
establish
a
fee
5
schedule
for
consumer
fireworks
seller
licenses.
The
bill
6
establishes
two
classes
of
consumer
fireworks
and
requires
7
a
$400
annual
licensing
fee
for
a
retailer
who
devotes
50
8
percent
or
more
of
the
retailer’s
retail
floor
space
to
the
9
sale
or
display
of
first-class
consumer
fireworks.
Retailers
10
who
devote
less
than
50
percent
of
the
retailer’s
retail
11
floor
space
to
the
sale
or
display
of
first-class
consumer
12
fireworks
are
required
to
pay
an
annual
licensing
fee
of
$200.
13
A
community
group
that
sells
first-class
consumer
fireworks
14
is
required
to
pay
an
annual
licensing
fee
of
$200.
The
15
bill
requires
an
annual
licensing
fee
of
$25
for
retailers
16
or
community
groups
that
sell
only
second-class
consumer
17
fireworks.
18
The
bill
requires
that
the
state
fire
marshal
adopt
rules
19
to
require
that
licensed
retailers
and
community
groups
only
20
offer
consumer
fireworks
for
sale
in
accordance
with
specified
21
industry
standards.
The
bill
also
requires
that
retailers
and
22
community
groups
provide
proof
of
and
maintain
public
liability
23
and
public
liability
insurance.
Under
the
bill,
the
state
fire
24
marshal
is
required
to
adopt
rules
to
permit
licensed
retailers
25
and
community
groups
to
sell
consumer
fireworks
at
conforming
26
permanent
buildings
on
a
year-round
basis
and
at
conforming
27
temporary
structures
from
June
13
to
July
11
each
year.
28
The
bill
also
provides
for
the
revocation
of
a
consumer
29
fireworks
seller
license
for
the
intentional
violation
of
30
licensing
requirements.
The
bill
establishes
procedures
31
for
the
revocation
of
such
licenses
and
procedures
for
32
review
for
such
revocations.
The
bill
also
establishes
a
33
consumer
fireworks
seller
license
fee
fund
under
the
control
34
of
the
state
fire
marshal.
The
fund
shall
consist
of
the
35
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_____
fees
collected
for
the
licensing
of
retailers
and
community
1
groups.
The
fund
is
required
to
be
used
for
administration
2
and
enforcement
of
the
state
fire
marshal’s
consumer
fireworks
3
related
duties
and
to
provide
grants
to
local
fire
protection
4
and
emergency
medical
service
providers.
5
Under
the
bill,
a
violation
of
a
licensing
provision
6
established
in
Code
or
by
rule
is
considered
a
simple
7
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
8
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
9
than
$625,
or
by
both.
10
The
bill
provides
that
a
person
or
a
firm,
partnership,
or
11
corporation
may
possess
consumer
fireworks
as
provided
in
the
12
bill.
The
bill
provides
that
a
person,
firm,
partnership,
or
13
corporation
who
sells
any
consumer
firework
to
a
person
who
14
is
less
than
18
years
of
age
commits
a
simple
misdemeanor.
15
A
person
who
is
less
than
18
years
of
age
who
purchases
any
16
consumer
fireworks
commits
a
simple
misdemeanor.
A
simple
17
misdemeanor
is
generally
punishable
by
confinement
for
no
more
18
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
19
by
both,
but
the
bill
provides
for
a
fine
of
a
least
$250.
20
The
bill
provides
that
the
state
fire
marshal
may
order
the
21
suspension
of
the
use
of
consumer
fireworks,
display
fireworks,
22
or
novelties
if
the
fire
marshal
determines
that
the
use
of
23
such
devices
would
constitute
a
threat
to
public
safety.
The
24
bill
also
provides
that
a
county
board
of
supervisors
may
adopt
25
a
resolution
to
suspend
the
use
of
display
fireworks
upon
such
26
a
determination.
The
bill
further
provides
that
a
city
council
27
may
by
resolution
suspend
the
use
of
consumer
fireworks,
28
display
fireworks,
or
novelties
if
the
council
determines
that
29
the
use
of
such
devices
would
constitute
a
threat
to
public
30
safety.
The
bill
provides
that
a
person
who
violates
such
an
31
order
by
the
state
fire
marshal
or
resolution
of
a
county
board
32
of
supervisors
or
a
city
council
commits
a
simple
misdemeanor,
33
punishable
by
a
fine
of
at
least
$250.
34
The
bill
also
provides
certain
restrictions
on
the
use
35
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86
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13
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_____
or
explosion
of
consumer
fireworks.
The
bill
prohibits
the
1
use
or
explosion
of
consumer
fireworks
at
a
time
other
than
2
between
the
hours
of
9:00
a.m.
and
10:00
p.m.,
except
on
3
Memorial
Day,
the
4th
of
July,
Labor
Day,
and
New
Year’s
Eve,
4
and
weekend
days
near
such
holidays.
On
specified
days,
the
5
use
or
explosion
of
consumer
fireworks
is
prohibited
except
6
between
the
hours
of
9:00
a.m.
and
12:30
a.m.
on
the
following
7
day.
The
bill
further
prohibits
the
use
of
fireworks
by
a
8
person
on
the
real
property
of
another
person
unless
the
owner
9
of
the
real
property
has
consented
to
such
use.
Under
the
10
bill,
a
violation
of
these
restrictions
is
considered
a
simple
11
misdemeanor
punishable
by
a
fine
of
not
less
than
$50
and
not
12
more
than
$500.
13
The
bill
will
take
effect
June
1,
2015.
14
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1950YC
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86
aw/nh
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13
