Bill Text: IA SF489 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to the possession, sale, transfer, purchase, and use of fireworks, providing penalties, and including effective date provisions. (Formerly SSB 1051 and SF 236.) Effective 5-9-17.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2017-05-09 - Signed by Governor. S.J. 1136. [SF489 Detail]

Download: Iowa-2017-SF489-Enrolled.html

Senate File 489 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON WAYS AND
                                  MEANS

                              (SUCCESSOR TO SF 236)
                              (SUCCESSOR TO SSB
                                  1051)
 \5
                                   A BILL FOR
 \1
                                        Senate File 489

                             AN ACT
 RELATING TO THE POSSESSION, SALE, TRANSFER, PURCHASE,
    AND USE OF FIREWORKS, PROVIDING PENALTIES, AND INCLUDING
    EFFECTIVE DATE PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
                      FIREWORKS REGULATION
    Section 1.  Section 100.1, subsection 4, paragraph b, Code
 2017, is amended to read as follows:
    b.  The storage, transportation, handling, and use of
 flammable liquids, combustibles, fireworks, and explosives;
    Sec. 2.  Section 100.1, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  8.  To order the suspension of the use
 of consumer fireworks, display fireworks, or novelties, as
 described in section 727.2, if the fire marshal determines that
 the use of such devices would constitute a threat to public
 safety.
    Sec. 3.  NEW SECTION.  100.19  Consumer fireworks seller
 licensing ==== penalty ==== fund.
    1.  As used in this section:
    a.  "APA 87=1" means the American pyrotechnics association
 standard 87=1, as published in December 2001.
    b.  "Community group" means a nonprofit entity that is open
 for membership to the general public which is exempt from
 federal income taxation pursuant to section 501(c)(3) of the
 Internal Revenue Code or a fraternal benefit society, as that
 term is defined in section 512B.3.
    c.  "First=class consumer fireworks" means the following
 consumer fireworks, as described in APA 87=1, chapter 3:
    (1)  Aerial shell kits and reloadable tubes.
    (2)  Chasers.
    (3)  Helicopter and aerial spinners.
    (4)  Firecrackers.
    (5)  Mine and shell devices.
    (6)  Missile=type rockets.
    (7)  Roman candles.
    (8)  Sky rockets and bottle rockets.
    (9)  Multiple tube devices under this paragraph "c" that are
 manufactured in accordance with APA 87=1, section 3.5.
    d.  "Retailer" means as defined in section 423.1.
    e.  "Second=class consumer fireworks" means the following
 consumer fireworks, as described in APA 87=1, chapter 3:
    (1)  Cone fountains.
    (2)  Cylindrical fountains.
    (3)  Flitter sparklers.
    (4)  Ground and hand=held sparkling devices, including
 multiple tube ground and hand=held sparkling devices that are
 manufactured in accordance with APA 87=1, section 3.5.
    (5)  Ground spinners.
    (6)  Illuminating torches.
    (7)  Toy smoke devices that are not classified as novelties
 pursuant to APA 87=1, section 3.2.
    (8)  Wheels.
    (9)  Wire or dipped sparklers that are not classified as
 novelties pursuant to APA 87=1, section 3.2.
    2.  a.  The state fire marshal shall establish a consumer
 fireworks seller license.  An application for a consumer
 fireworks seller license shall be made on a form provided
 by the state fire marshal.  The state fire marshal shall
 adopt rules consistent with this section establishing minimum
 requirements for a retailer or community group to be issued a
 consumer fireworks seller license.
    b.  A person shall possess a consumer fireworks seller
 license under this section in order to sell consumer fireworks.
    3.  a.  The state fire marshal shall establish a fee schedule
 for consumer fireworks seller licenses as follows:
    (1)  For a retailer at a permanent building who devotes fifty
 percent or more of the retailer's retail floor space to the
 sale or display of first=class consumer fireworks, an annual
 fee of one thousand dollars.
    (2)  For a retailer at a temporary structure who devotes
 fifty percent or more of the retailer's retail floor space
 to the sale or display of first=class consumer fireworks, an
 annual fee of five hundred dollars.
    (3)  For a retailer who devotes less than fifty percent of
 the retailer's retail floor space to the sale or display of
 first=class consumer fireworks, an annual fee of four hundred
 dollars.
    (4)  For a community group that offers for sale, exposes for
 sale, or sells first=class consumer fireworks, an annual fee
 of four hundred dollars.
    (5)  For a retailer or community group that offers for sale,
 exposes for sale, or sells second=class consumer fireworks,
 but not first=class consumer fireworks, an annual fee of one
 hundred dollars.
    b.  A license issued to a retailer or community group
 pursuant to paragraph "a", subparagraph (1), (2), (3), or (4),
 shall allow the licensee to sell both first=class consumer
 fireworks and second=class consumer fireworks.
    4.  The state fire marshal shall adopt rules to:
    a.  Require that any retailer or community group offering
 for sale at retail any consumer fireworks, as described in APA
 87=1, chapter 3, shall do so in accordance with the national
 fire protection association standard 1124, published in the
 code for the manufacture, transportation, storage, and retail
 sales of fireworks and pyrotechnic articles, 2006 edition.
    b.  Require that a retailer or community group to be issued
 a license pursuant to this section provide proof of and
 maintain commercial general liability insurance with minimum
 per occurrence coverage of at least one million dollars and
 aggregate coverage of at least two million dollars.
    c.  Permit a retailer or community group issued a license
 pursuant to this section to sell consumer fireworks, as
 described in APA 87=1, chapter 3, at the following locations
 as specified:
    (1)  At a permanent building that meets the requirements of
 paragraph "a", between June 1 and July 8 and between December 10
 and January 3 each year, all dates inclusive.
    (2)  At a temporary structure that meets the requirements of
 paragraph "a" between June 13 and July 8 each year, both dates
 inclusive.
    d.  A retailer or community group shall not transfer consumer
 fireworks, as described in APA 87=1, chapter 3, to a person who
 is under eighteen years of age.
    5.  a.  The state fire marshal shall adopt rules to provide
 that a person's consumer fireworks seller license may be
 revoked for the intentional violation of this section.  The
 proceedings for revocation shall be held before the division
 of the state fire marshal, which may revoke the license or
 licenses involved as provided in paragraph "b".
    b.  (1)  If, upon the hearing of the order to show cause,
 the division of the state fire marshal finds that the licensee
 intentionally violated this section, then the license or
 licenses under which the licensed retailer or community group
 sells first=class consumer fireworks or second=class consumer
 fireworks, shall be revoked.
    (2)  Judicial review of actions of the division of the
 state fire marshal may be sought in accordance with the terms
 of the Iowa administrative procedure Act, chapter 17A.  If
 the licensee has not filed a petition for judicial review in
 district court, revocation shall date from the thirty=first
 day following the date of the order of the division of the
 state fire marshal.  If the licensee has filed a petition for
 judicial review, revocation shall date from the thirty=first
 day following entry of the order of the district court, if
 action by the district court is adverse to the licensee.
    (3)  A new license shall not be issued to a person whose
 license has been revoked, or to the business in control of the
 premises on which the violation occurred if it is established
 that the owner of the business had actual knowledge of the
 violation resulting in the license revocation, for the period
 of one year following the date of revocation.
    6.  a.  A consumer fireworks fee fund is created in the
 state treasury under the control of the state fire marshal.
 Notwithstanding section 12C.7, interest or earnings on
 moneys in the consumer fireworks fee fund shall be credited
 to the consumer fireworks fee fund. Moneys in the fund are
 appropriated to the state fire marshal to be used to fulfill
 the responsibilities of the state fire marshal for the
 administration and enforcement of this section and section
 100.19A and to provide grants pursuant to paragraph "b".  The
 fund shall include the fees collected by the state fire marshal
 under the fee schedule established pursuant to subsection 3
 and the fees collected by the state fire marshal under section
 100.19A for wholesaler registration.
    b.  The state fire marshal shall establish a local fire
 protection and emergency medical service providers grant
 program to provide grants to local fire protection service
 providers and local emergency medical service providers to
 establish or provide fireworks safety education programming
 to members of the public.  The state fire marshal may also
 provide grants to local fire protection service providers and
 local emergency medical service providers for the purchase
 of necessary enforcement, protection, or emergency response
 equipment related to the sale and use of consumer fireworks in
 this state.
    7.  The state fire marshal shall adopt rules for the
 administration of this section.
    8.  A person who violates a provision of this section or a
 rule adopted pursuant to this section is guilty of a simple
 misdemeanor.
    Sec. 4.  NEW SECTION.  100.19A  Consumer fireworks wholesaler
 ==== registration ==== penalty.
    1.  For purposes of this section:
    a.  "Consumer fireworks" means first=class consumer fireworks
 and second=class consumer fireworks, as those terms are defined
 in section 100.19.
    b.  "Wholesaler" means a person who engages in the business
 of selling or distributing consumer fireworks for the purpose
 of resale in this state.
    2.  The state fire marshal shall adopt rules to require all
 wholesalers to annually register with the state fire marshal.
 The state fire marshal may also adopt rules to regulate the
 storage or transfer of consumer fireworks by wholesalers and to
 require wholesalers to maintain insurance.
    3.  The state fire marshal shall establish an annual
 registration fee of one thousand dollars for wholesalers
 of consumer fireworks within the state. Registration fees
 collected pursuant to this section shall be deposited in the
 consumer fireworks fee fund created in section 100.19.
    4.  A person who violates a provision of this section or a
 rule adopted pursuant to this section is guilty of a simple
 misdemeanor.
    Sec. 5.  Section 101A.1, subsection 3, Code 2017, is amended
 to read as follows:
    3.  "Explosive" means any chemical compound, mixture
 or device, the primary or common purpose of which is to
 function by explosion with substantially instantaneous
 release of gas and heat, unless such compound, mixture, or
 device is otherwise specifically classified by the United
 States department of transportation. The term "explosive"
 includes all materials which are classified as a class 1,
 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States
 department of transportation, under 49 C.F.R. {173.50, and all
 materials classified as explosive materials under 18 U.S.C.
 {841, and includes, but is not limited to, dynamite, black
 powder, pellet powders, initiating explosives, blasting caps,
 electric blasting caps, safety fuse, fuse lighters, fuse
 igniters, squibs, cordeau detonative fuse, instantaneous fuse,
 igniter cord, igniters, smokeless propellant, cartridges for
 propellant=actuated power devices, cartridges for industrial
 guns, and overpressure devices, but does not include "fireworks"
  as "consumer fireworks", "display fireworks", or "novelties" as
 those terms are defined in section 727.2 or ammunition or small
 arms primers manufactured for use in shotguns, rifles, and
 pistols. Commercial explosives are those explosives which are
 intended to be used in commercial or industrial operations.
    Sec. 6.  Section 331.301, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  17.  The board of supervisors may by
 ordinance or resolution prohibit or limit the use of consumer
 fireworks or display fireworks, as described in section 727.2,
 if the board determines that the use of such devices would
 constitute a threat to public safety or private property, or
 if the board determines that the use of such devices would
 constitute a nuisance to neighboring landowners.
    Sec. 7.  Section 331.304, subsection 8, Code 2017, is amended
 to read as follows:
    8.  The board, upon application, may grant permits for the
 display use of display fireworks as provided in section 727.2.
    Sec. 8.  Section 364.2, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  6.  A city council may by ordinance or
 resolution prohibit or limit the use of consumer fireworks,
 display fireworks, or novelties, as described in section 727.2.
    Sec. 9.  Section 461A.42, subsection 2, Code 2017, is amended
 to read as follows:
    2.  The use of consumer fireworks or display fireworks,
 as defined in section 727.2, in state parks and preserves is
 prohibited except as authorized by a permit issued by the
 department. The commission shall establish, by rule adopted
 pursuant to chapter 17A, a fireworks permit system which
 authorizes the issuance of a limited number of permits to
 qualified persons to use or display fireworks in selected state
 parks and preserves.
    Sec. 10.  Section 727.2, Code 2017, is amended to read as
 follows:
    727.2  Fireworks.
    1.  Definitions. For purposes of this section:
    a.  "Consumer fireworks" includes first=class consumer
 fireworks and second=class consumer fireworks as those terms
 are defined in section 100.19, subsection 1. "Consumer
 fireworks" does not include novelties enumerated in chapter
 3 of the American pyrotechnics association's standard 87=1
 or display fireworks enumerated in chapter 4 of the American
 pyrotechnics association's standard 87=1.
    b.  The term "fireworks" "Display fireworks" includes any
 explosive composition, or combination of explosive substances,
 or article prepared for the purpose of producing a visible
 or audible effect by combustion, explosion, deflagration,
 or detonation, and includes blank cartridges, firecrackers,
 torpedoes, skyrockets, roman candles, or other fireworks of
 like construction and fireworks containing any explosive or
 flammable compound, or other device containing any explosive
 substance. The term "fireworks" "Display fireworks" does not
 include goldstar=producing sparklers on wires which contain
 no magnesium or chlorate or perchlorate, flitter sparklers
 in paper tubes that do not exceed one=eighth of an inch in
 diameter, toy snakes which contain no mercury, or caps used
 in cap pistols novelties or consumer fireworks enumerated in
 chapter 3 of the American pyrotechnics association's standard
 87=1.
    c.  "Novelties" includes all novelties enumerated in chapter
 3 of the American pyrotechnics association's standard 87=1, and
 that comply with the labeling regulations promulgated by the
 United States consumer product safety commission.
    2.  Display fireworks.
    a.  A person, firm, partnership, or corporation who offers
 for sale, exposes for sale, sells at retail, or uses or
 explodes any display fireworks, commits a simple misdemeanor.
 In addition to any other penalties, the punishment imposed
 for a violation of this section shall include assessment
 of, punishable by a fine of not less than two hundred fifty
 dollars. However, the a city council of a city or a county
 board of supervisors may, upon application in writing, grant a
 permit for the display of display fireworks by municipalities,
 fair associations, amusement parks, and other organizations
 or groups of individuals approved by the city or the county
 board of supervisors when the display fireworks display will
 be handled by a competent operator, but no such permit shall
 be required for the display of display fireworks at the Iowa
 state fairgrounds by the Iowa state fair board, at incorporated
 county fairs, or at district fairs receiving state aid. Sales
 of display fireworks for such display may be made for that
 purpose only.
    b.  (1)  A person who uses or explodes display fireworks
 while the use of such devices is prohibited or limited by an
 ordinance or resolution adopted by the county or city in which
 the firework is used commits a simple misdemeanor, punishable
 by a fine of not less than two hundred fifty dollars.
    (2)  A person who uses or explodes display fireworks while
 the use of such devices is suspended by an order of the state
 fire marshal commits a simple misdemeanor, punishable by a fine
 of not less than two hundred fifty dollars.
    3.  Consumer fireworks and novelties.
    a.  A person or a firm, partnership, or corporation may
 possess, use, or explode consumer fireworks in accordance with
 this subsection and subsection 4.
    b.  A person, firm, partnership, or corporation who sells
 consumer fireworks to a person who is less than eighteen years
 of age commits a simple misdemeanor, punishable by a fine of
 not less than two hundred fifty dollars.  A person who is less
 than eighteen years of age who purchases consumer fireworks
 commits a simple misdemeanor, punishable by a fine of not less
 than two hundred fifty dollars.
    c.  (1)  A person who uses or explodes consumer fireworks
 or novelties while the use of such devices is prohibited or
 limited by an ordinance adopted by the county or city in which
 the fireworks are used commits a simple misdemeanor, punishable
 by a fine of not less than two hundred fifty dollars.
    (2)  A person who uses or explodes consumer fireworks or
 novelties while the use of such devices is suspended by an
 order of the state fire marshal commits a simple misdemeanor,
 punishable by a fine of not less than two hundred fifty
 dollars.
    4.  Limitations.
    a.  A person shall not use or explode consumer fireworks on
 days other than June 1 through July 8 and December 10 through
 January 3 of each year, all dates inclusive.
    b.  A person shall not use or explode consumer fireworks at
 times other than between the hours of 9:00 a.m. and 10:00 p.m.,
 except that on the following dates consumer fireworks shall not
 be used at times other than between the hours specified:
    (1)  Between the hours of 9:00 a.m. and 11:00 p.m. on July
 4 and the Saturdays and Sundays immediately preceding and
 following July 4.
    (2)  Between the hours of 9:00 a.m. on December 31 and 12:30
 a.m. on the immediately following day.
    (3)  Between the hours of 9:00 a.m. and 11:00 p.m. on the
 Saturdays and Sundays immediately preceding and following
 December 31.
    c.  A person shall not use consumer fireworks on real
 property other than that person's real property or on the real
 property of a person who has consented to the use of consumer
 fireworks on that property.
    d.  A person who violates this subsection commits a simple
 misdemeanor. A court shall not order imprisonment for
 violation of this subsection.
    3.5.  Applicability.
    a.  This section does not prohibit the sale by a resident,
 dealer, manufacturer, or jobber of such fireworks as are
 not prohibited by this section, or the sale of any kind of
 fireworks if they are to be shipped out of the state, or the
 sale or use of blank cartridges for a show or the theater,
 or for signal purposes in athletic sports or by railroads
 or trucks, for signal purposes, or by a recognized military
 organization.
    b.  This section does not apply to any substance or
 composition prepared and sold for medicinal or fumigation
 purposes.
    c.  Unless specifically provided otherwise, this section does
 not apply to novelties.
                           DIVISION II
                           RULEMAKING
    Sec. 11.  EMERGENCY RULES.  The state fire marshal shall
 adopt emergency rules under section 17A.4, subsection 3, and
 section 17A.5, subsection 2, paragraph "b", to implement
 the provisions of this Act and the rules shall be effective
 immediately upon filing unless a later date is specified in the
 rules. Any rules adopted in accordance with this section shall
 also be published as a notice of intended action as provided
 in section 17A.4.
                          DIVISION III
                         EFFECTIVE DATE
    Sec. 12.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed
 of immediate importance, takes effect upon enactment.


                                                                                            JACK WHITVER


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            TERRY E. BRANSTA

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