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.
Sponsorship: Committee Bill
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
-1-
