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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Committee Bill

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

Download: Iowa-2017-SF489-Introduced.html

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Senate File 489 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON WAYS AND
                                     MEANS

                                 (SUCCESSOR TO SF 236)
                                 (SUCCESSOR TO SSB
                                     1051)

                                      A BILL FOR

  1 An Act relating to the possession, sale, transfer, purchase,
  2    and use of fireworks, providing penalties, and including
  3    effective date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2088SZ (1) 87
    gh/nh

PAG LIN



  1  1                           DIVISION I
  1  2                      FIREWORKS REGULATION
  1  3    Section 1.  Section 100.1, subsection 4, paragraph b, Code
  1  4 2017, 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 2017, 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 ==== fund.
  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 that are not classified as novelties
  2 13 pursuant to APA 87=1, section 3.2.
  2 14    (8)  Wheels.
  2 15    (9)  Wire or dipped sparklers that are not classified as
  2 16 novelties pursuant to APA 87=1, section 3.2.
  2 17    2.  a.  The state fire marshal shall establish a consumer
  2 18 fireworks seller license.  An application for a consumer
  2 19 fireworks seller license shall be made on a form provided
  2 20 by the state fire marshal.  The state fire marshal shall
  2 21 adopt rules consistent with this section establishing minimum
  2 22 requirements for a retailer or community group to be issued a
  2 23 consumer fireworks seller license.
  2 24    b.  A person shall possess a consumer fireworks seller
  2 25 license under this section in order to sell consumer fireworks.
  2 26    3.  a.  The state fire marshal shall establish a fee schedule
  2 27 for consumer fireworks seller licenses as follows:
  2 28    (1)  For a retailer at a permanent building who devotes fifty
  2 29 percent or more of the retailer's retail floor space to the
  2 30 sale or display of first=class consumer fireworks, an annual
  2 31 fee of one thousand dollars.
  2 32    (2)  For a retailer at a temporary structure who devotes
  2 33 fifty percent or more of the retailer's retail floor space
  2 34 to the sale or display of first=class consumer fireworks, an
  2 35 annual fee of five hundred dollars.
  3  1    (3)  For a retailer who devotes less than fifty percent of
  3  2 the retailer's retail floor space to the sale or display of
  3  3 first=class consumer fireworks, an annual fee of four hundred
  3  4 dollars.
  3  5    (4)  For a community group that offers for sale, exposes for
  3  6 sale, or sells first=class consumer fireworks, an annual fee
  3  7 of four hundred dollars.
  3  8    (5)  For a retailer or community group that offers for sale,
  3  9 exposes for sale, or sells second=class consumer fireworks,
  3 10 but not first=class consumer fireworks, an annual fee of one
  3 11 hundred dollars.
  3 12    b.  A license issued to a retailer or community group
  3 13 pursuant to paragraph "a", subparagraph (1), (2), (3), or (4),
  3 14 shall allow the licensee to sell both first=class consumer
  3 15 fireworks and second=class consumer fireworks.
  3 16    4.  The state fire marshal shall adopt rules to:
  3 17    a.  Require that any retailer or community group offering
  3 18 for sale at retail any consumer fireworks, as described in APA
  3 19 87=1, chapter 3, shall do so in accordance with the national
  3 20 fire protection association standard 1124, published in the
  3 21 code for the manufacture, transportation, storage, and retail
  3 22 sales of fireworks and pyrotechnic articles, 2006 edition.
  3 23    b.  Require that a retailer or community group to be issued
  3 24 a license pursuant to this section provide proof of and
  3 25 maintain commercial general liability insurance with minimum
  3 26 per occurrence coverage of at least one million dollars and
  3 27 aggregate coverage of at least two million dollars.
  3 28    c.  Permit a retailer or community group issued a license
  3 29 pursuant to this section to sell consumer fireworks, as
  3 30 described in APA 87=1, chapter 3, at the following locations
  3 31 as specified:
  3 32    (1)  At a permanent building that meets the requirements of
  3 33 paragraph "a", between June 1 and July 8 and between December 10
  3 34 and January 3 each year, all dates inclusive.
  3 35    (2)  At a temporary structure that meets the requirements of
  4  1 paragraph "a" between June 13 and July 8 each year, both dates
  4  2 inclusive.
  4  3    d.  A retailer or community group shall not transfer consumer
  4  4 fireworks, as described in APA 87=1, chapter 3, to a person who
  4  5 is under eighteen years of age.
  4  6    5.  a.  The state fire marshal shall adopt rules to provide
  4  7 that a person's consumer fireworks seller license may be
  4  8 revoked for the intentional violation of this section.  The
  4  9 proceedings for revocation shall be held before the division
  4 10 of the state fire marshal, which may revoke the license or
  4 11 licenses involved as provided in paragraph "b".
  4 12    b.  (1)  If, upon the hearing of the order to show cause,
  4 13 the division of the state fire marshal finds that the licensee
  4 14 intentionally violated this section, then the license or
  4 15 licenses under which the licensed retailer or community group
  4 16 sells first=class consumer fireworks or second=class consumer
  4 17 fireworks, shall be revoked.
  4 18    (2)  Judicial review of actions of the division of the
  4 19 state fire marshal may be sought in accordance with the terms
  4 20 of the Iowa administrative procedure Act, chapter 17A.  If
  4 21 the licensee has not filed a petition for judicial review in
  4 22 district court, revocation shall date from the thirty=first
  4 23 day following the date of the order of the division of the
  4 24 state fire marshal.  If the licensee has filed a petition for
  4 25 judicial review, revocation shall date from the thirty=first
  4 26 day following entry of the order of the district court, if
  4 27 action by the district court is adverse to the licensee.
  4 28    (3)  A new license shall not be issued to a person whose
  4 29 license has been revoked, or to the business in control of the
  4 30 premises on which the violation occurred if it is established
  4 31 that the owner of the business had actual knowledge of the
  4 32 violation resulting in the license revocation, for the period
  4 33 of one year following the date of revocation.
  4 34    6.  a.  A consumer fireworks fee fund is created in the
  4 35 state treasury under the control of the state fire marshal.
  5  1 Notwithstanding section 12C.7, interest or earnings on
  5  2 moneys in the consumer fireworks fee fund shall be credited
  5  3 to the consumer fireworks fee fund. Moneys in the fund are
  5  4 appropriated to the state fire marshal to be used to fulfill
  5  5 the responsibilities of the state fire marshal for the
  5  6 administration and enforcement of this section and section
  5  7 100.19A and to provide grants pursuant to paragraph "b".  The
  5  8 fund shall include the fees collected by the state fire marshal
  5  9 under the fee schedule established pursuant to subsection 3
  5 10 and the fees collected by the state fire marshal under section
  5 11 100.19A for wholesaler registration.
  5 12    b.  The state fire marshal shall establish a local fire
  5 13 protection and emergency medical service providers grant
  5 14 program to provide grants to local fire protection service
  5 15 providers and local emergency medical service providers to
  5 16 establish or provide fireworks safety education programming
  5 17 to members of the public.  The state fire marshal may also
  5 18 provide grants to local fire protection service providers and
  5 19 local emergency medical service providers for the purchase
  5 20 of necessary enforcement, protection, or emergency response
  5 21 equipment related to the sale and use of consumer fireworks in
  5 22 this state.
  5 23    7.  The state fire marshal shall adopt rules for the
  5 24 administration of this section.
  5 25    8.  A person who violates a provision of this section or a
  5 26 rule adopted pursuant to this section is guilty of a simple
  5 27 misdemeanor.
  5 28    Sec. 4.  NEW SECTION.  100.19A  Consumer fireworks wholesaler
  5 29 ==== registration ==== penalty.
  5 30    1.  For purposes of this section:
  5 31    a.  "Consumer fireworks" means first=class consumer fireworks
  5 32 and second=class consumer fireworks, as those terms are defined
  5 33 in section 100.19.
  5 34    b.  "Wholesaler" means a person who engages in the business
  5 35 of selling or distributing consumer fireworks for the purpose
  6  1 of resale in this state.
  6  2    2.  The state fire marshal shall adopt rules to require all
  6  3 wholesalers to annually register with the state fire marshal.
  6  4 The state fire marshal may also adopt rules to regulate the
  6  5 storage or transfer of consumer fireworks by wholesalers and to
  6  6 require wholesalers to maintain insurance.
  6  7    3.  The state fire marshal shall establish an annual
  6  8 registration fee of one thousand dollars for wholesalers
  6  9 of consumer fireworks within the state. Registration fees
  6 10 collected pursuant to this section shall be deposited in the
  6 11 consumer fireworks fee fund created in section 100.19.
  6 12    4.  A person who violates a provision of this section or a
  6 13 rule adopted pursuant to this section is guilty of a simple
  6 14 misdemeanor.
  6 15    Sec. 5.  Section 101A.1, subsection 3, Code 2017, is amended
  6 16 to read as follows:
  6 17    3.  "Explosive" means any chemical compound, mixture
  6 18 or device, the primary or common purpose of which is to
  6 19 function by explosion with substantially instantaneous
  6 20 release of gas and heat, unless such compound, mixture, or
  6 21 device is otherwise specifically classified by the United
  6 22 States department of transportation. The term "explosive"
  6 23 includes all materials which are classified as a class 1,
  6 24 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States
  6 25 department of transportation, under 49 C.F.R. {173.50, and all
  6 26 materials classified as explosive materials under 18 U.S.C.
  6 27 {841, and includes, but is not limited to, dynamite, black
  6 28 powder, pellet powders, initiating explosives, blasting caps,
  6 29 electric blasting caps, safety fuse, fuse lighters, fuse
  6 30 igniters, squibs, cordeau detonative fuse, instantaneous fuse,
  6 31 igniter cord, igniters, smokeless propellant, cartridges for
  6 32 propellant=actuated power devices, cartridges for industrial
  6 33 guns, and overpressure devices, but does not include "fireworks"
  6 34  as "consumer fireworks", "display fireworks", or "novelties" as
  6 35 those terms are defined in section 727.2 or ammunition or small
  7  1 arms primers manufactured for use in shotguns, rifles, and
  7  2 pistols. Commercial explosives are those explosives which are
  7  3 intended to be used in commercial or industrial operations.
  7  4    Sec. 6.  Section 331.301, Code 2017, is amended by adding the
  7  5 following new subsection:
  7  6    NEW SUBSECTION.  17.  The board of supervisors may by
  7  7 ordinance or resolution prohibit or limit the use of consumer
  7  8 fireworks or display fireworks, as described in section 727.2,
  7  9 if the board determines that the use of such devices would
  7 10 constitute a threat to public safety or private property, or
  7 11 if the board determines that the use of such devices would
  7 12 constitute a nuisance to neighboring landowners.
  7 13    Sec. 7.  Section 331.304, subsection 8, Code 2017, is amended
  7 14 to read as follows:
  7 15    8.  The board, upon application, may grant permits for the
  7 16 display use of display fireworks as provided in section 727.2.
  7 17    Sec. 8.  Section 364.2, Code 2017, is amended by adding the
  7 18 following new subsection:
  7 19    NEW SUBSECTION.  6.  A city council may by ordinance or
  7 20 resolution prohibit or limit the use of consumer fireworks,
  7 21 display fireworks, or novelties, as described in section 727.2.
  7 22    Sec. 9.  Section 461A.42, subsection 2, Code 2017, is amended
  7 23 to read as follows:
  7 24    2.  The use of consumer fireworks or display fireworks,
  7 25 as defined in section 727.2, in state parks and preserves is
  7 26 prohibited except as authorized by a permit issued by the
  7 27 department. The commission shall establish, by rule adopted
  7 28 pursuant to chapter 17A, a fireworks permit system which
  7 29 authorizes the issuance of a limited number of permits to
  7 30 qualified persons to use or display fireworks in selected state
  7 31 parks and preserves.
  7 32    Sec. 10.  Section 727.2, Code 2017, is amended to read as
  7 33 follows:
  7 34    727.2  Fireworks.
  7 35    1.  Definitions. For purposes of this section:
  8  1    a.  "Consumer fireworks" includes first=class consumer
  8  2 fireworks and second=class consumer fireworks as those terms
  8  3 are defined in section 100.19, subsection 1. "Consumer
  8  4 fireworks" does not include novelties enumerated in chapter
  8  5 3 of the American pyrotechnics association's standard 87=1
  8  6 or display fireworks enumerated in chapter 4 of the American
  8  7 pyrotechnics association's standard 87=1.
  8  8    b.  The term "fireworks" "Display fireworks" includes any
  8  9 explosive composition, or combination of explosive substances,
  8 10 or article prepared for the purpose of producing a visible
  8 11 or audible effect by combustion, explosion, deflagration,
  8 12 or detonation, and includes blank cartridges, firecrackers,
  8 13 torpedoes, skyrockets, roman candles, or other fireworks of
  8 14 like construction and fireworks containing any explosive or
  8 15 flammable compound, or other device containing any explosive
  8 16 substance. The term "fireworks" "Display fireworks" does not
  8 17 include goldstar=producing sparklers on wires which contain
  8 18 no magnesium or chlorate or perchlorate, flitter sparklers
  8 19 in paper tubes that do not exceed one=eighth of an inch in
  8 20 diameter, toy snakes which contain no mercury, or caps used
  8 21 in cap pistols novelties or consumer fireworks enumerated in
  8 22 chapter 3 of the American pyrotechnics association's standard
  8 23 87=1.
  8 24    c.  "Novelties" includes all novelties enumerated in chapter
  8 25 3 of the American pyrotechnics association's standard 87=1, and
  8 26 that comply with the labeling regulations promulgated by the
  8 27 United States consumer product safety commission.
  8 28    2.  Display fireworks.
  8 29    a.  A person, firm, partnership, or corporation who offers
  8 30 for sale, exposes for sale, sells at retail, or uses or
  8 31 explodes any display fireworks, commits a simple misdemeanor.
  8 32 In addition to any other penalties, the punishment imposed
  8 33 for a violation of this section shall include assessment
  8 34 of, punishable by a fine of not less than two hundred fifty
  8 35 dollars. However, the a city council of a city or a county
  9  1 board of supervisors may, upon application in writing, grant a
  9  2 permit for the display of display fireworks by municipalities,
  9  3 fair associations, amusement parks, and other organizations
  9  4 or groups of individuals approved by the city or the county
  9  5 board of supervisors when the display fireworks display will
  9  6 be handled by a competent operator, but no such permit shall
  9  7 be required for the display of display fireworks at the Iowa
  9  8 state fairgrounds by the Iowa state fair board, at incorporated
  9  9 county fairs, or at district fairs receiving state aid. Sales
  9 10 of display fireworks for such display may be made for that
  9 11 purpose only.
  9 12    b.  (1)  A person who uses or explodes display fireworks
  9 13 while the use of such devices is prohibited or limited by an
  9 14 ordinance or resolution adopted by the county or city in which
  9 15 the firework is used commits a simple misdemeanor, punishable
  9 16 by a fine of not less than two hundred fifty dollars.
  9 17    (2)  A person who uses or explodes display fireworks while
  9 18 the use of such devices is suspended by an order of the state
  9 19 fire marshal commits a simple misdemeanor, punishable by a fine
  9 20 of not less than two hundred fifty dollars.
  9 21    3.  Consumer fireworks and novelties.
  9 22    a.  A person or a firm, partnership, or corporation may
  9 23 possess, use, or explode consumer fireworks in accordance with
  9 24 this subsection and subsection 4.
  9 25    b.  A person, firm, partnership, or corporation who sells
  9 26 consumer fireworks to a person who is less than eighteen years
  9 27 of age commits a simple misdemeanor, punishable by a fine of
  9 28 not less than two hundred fifty dollars.  A person who is less
  9 29 than eighteen years of age who purchases consumer fireworks
  9 30 commits a simple misdemeanor, punishable by a fine of not less
  9 31 than two hundred fifty dollars.
  9 32    c.  (1)  A person who uses or explodes consumer fireworks
  9 33 or novelties while the use of such devices is prohibited or
  9 34 limited by an ordinance adopted by the county or city in which
  9 35 the fireworks are used commits a simple misdemeanor, punishable
 10  1 by a fine of not less than two hundred fifty dollars.
 10  2    (2)  A person who uses or explodes consumer fireworks or
 10  3 novelties while the use of such devices is suspended by an
 10  4 order of the state fire marshal commits a simple misdemeanor,
 10  5 punishable by a fine of not less than two hundred fifty
 10  6 dollars.
 10  7    4.  Limitations.
 10  8    a.  A person shall not use or explode consumer fireworks on
 10  9 days other than June 1 through July 8 and December 10 through
 10 10 January 3 of each year, all dates inclusive.
 10 11    b.  A person shall not use or explode consumer fireworks at
 10 12 times other than between the hours of 9:00 a.m. and 10:00 p.m.,
 10 13 except that on the following dates consumer fireworks shall not
 10 14 be used at times other than between the hours specified:
 10 15    (1)  Between the hours of 9:00 a.m. and 11:00 p.m. on July
 10 16 4 and the Saturdays and Sundays immediately preceding and
 10 17 following July 4.
 10 18    (2)  Between the hours of 9:00 a.m. on December 31 and 12:30
 10 19 a.m. on the immediately following day.
 10 20    (3)  Between the hours of 9:00 a.m. and 11:00 p.m. on the
 10 21 Saturdays and Sundays immediately preceding and following
 10 22 December 31.
 10 23    c.  A person shall not use consumer fireworks on real
 10 24 property other than that person's real property or on the real
 10 25 property of a person who has consented to the use of consumer
 10 26 fireworks on that property.
 10 27    d.  A person who violates this subsection commits a simple
 10 28 misdemeanor. A court shall not order imprisonment for
 10 29 violation of this subsection.
 10 30    3.5.  Applicability.
 10 31    a.  This section does not prohibit the sale by a resident,
 10 32 dealer, manufacturer, or jobber of such fireworks as are
 10 33 not prohibited by this section, or the sale of any kind of
 10 34 fireworks if they are to be shipped out of the state, or the
 10 35 sale or use of blank cartridges for a show or the theater,
 11  1 or for signal purposes in athletic sports or by railroads
 11  2 or trucks, for signal purposes, or by a recognized military
 11  3 organization.
 11  4    b.  This section does not apply to any substance or
 11  5 composition prepared and sold for medicinal or fumigation
 11  6 purposes.
 11  7    c.  Unless specifically provided otherwise, this section does
 11  8 not apply to novelties.
 11  9                           DIVISION II
 11 10                           RULEMAKING
 11 11    Sec. 11.  EMERGENCY RULES.  The state fire marshal shall
 11 12 adopt emergency rules under section 17A.4, subsection 3, and
 11 13 section 17A.5, subsection 2, paragraph "b", to implement
 11 14 the provisions of this Act and the rules shall be effective
 11 15 immediately upon filing unless a later date is specified in the
 11 16 rules. Any rules adopted in accordance with this section shall
 11 17 also be published as a notice of intended action as provided
 11 18 in section 17A.4.
 11 19                          DIVISION III
 11 20                         EFFECTIVE DATE
 11 21    Sec. 12.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed
 11 22 of immediate importance, takes effect upon enactment.
 11 23                           EXPLANATION
 11 24 The inclusion of this explanation does not constitute agreement with
 11 25 the explanation's substance by the members of the general assembly.
 11 26    This bill relates to the regulation of fireworks.
 11 27    The bill provides that the state fire marshal has the duty to
 11 28 enforce all laws, and rules of the department of public safety
 11 29 concerned with the storage, transportation, handling, and use
 11 30 of fireworks.
 11 31    Current law provides that a person, firm, partnership, or
 11 32 corporation who offers for sale, exposes for sale, sells at
 11 33 retail, or uses or explodes any fireworks, commits a simple
 11 34 misdemeanor.  Current law, however, also provides that a county
 11 35 board of supervisors or the department of natural resources may
 12  1 grant a permit for the display of fireworks if the fireworks
 12  2 display will be handled by a competent operator.  Current
 12  3 law further provides that the term "fireworks" includes any
 12  4 explosive composition, or combination of explosive substances,
 12  5 or article prepared for the purpose of producing a visible
 12  6 or audible effect by combustion, explosion, deflagration,
 12  7 or detonation, including blank cartridges, firecrackers,
 12  8 torpedoes, skyrockets, roman candles, or other fireworks of
 12  9 like construction and fireworks containing any explosive or
 12 10 flammable compound, or other device containing any explosive
 12 11 substance with limited exceptions.
 12 12    The bill maintains these restrictions for display fireworks
 12 13 and provides that the term "display fireworks" shall not
 12 14 include novelties or consumer fireworks. The bill provides
 12 15 definitions for the terms "novelties" and "consumer fireworks".
 12 16    The bill requires that the state fire marshal establish
 12 17 a consumer fireworks seller license, and requires possession
 12 18 of such a license to legally sell consumer fireworks in this
 12 19 state. The state fire marshal is required to establish a fee
 12 20 schedule for consumer fireworks seller licenses. The bill
 12 21 establishes two classes of consumer fireworks and requires
 12 22 a $1,000 annual licensing fee for a retailer at a permanent
 12 23 building who devotes 50 percent or more of the retailer's
 12 24 retail floor space to the sale or display of first=class
 12 25 consumer fireworks, and a $500 annual licensing fee for a
 12 26 retailer at a temporary structure who devotes 50 percent or
 12 27 more the retailer's retail floor space to the sale or display
 12 28 of first=class consumer fireworks. Retailers who devote less
 12 29 than 50 percent of the retailer's retail floor space to the
 12 30 sale or display of first=class consumer fireworks are required
 12 31 to pay an annual licensing fee of $400. A community group
 12 32 that sells first=class consumer fireworks is required to pay
 12 33 an annual licensing fee of $400. The bill requires an annual
 12 34 licensing fee of $100 for retailers or community groups that
 12 35 sell only second=class consumer fireworks.
 13  1 The bill requires that the state fire marshal adopt rules
 13  2 to require that licensed retailers and community groups only
 13  3 offer consumer fireworks for sale in accordance with specified
 13  4 industry standards. The bill also requires that retailers
 13  5 and community groups provide proof of and maintain commercial
 13  6 general liability insurance with specified coverage amounts.
 13  7 Under the bill, the state fire marshal is required to adopt
 13  8 rules to permit licensed retailers and community groups to sell
 13  9 consumer fireworks at conforming permanent buildings between
 13 10 June 1 and July 8 and between December 10 and January 3 each
 13 11 year and at conforming temporary structures from June 13 to
 13 12 July 8 each year.
 13 13    The bill also provides for the revocation of a consumer
 13 14 fireworks seller license for the intentional violation of
 13 15 licensing requirements. The bill establishes procedures
 13 16 for the revocation of such licenses and procedures for
 13 17 review for such revocations. The bill also establishes a
 13 18 consumer fireworks fee fund under the control of the state
 13 19 fire marshal. The fund shall consist of the fees collected
 13 20 for the licensing of retailers and community groups and the
 13 21 registration of wholesalers. The fund is required to be used
 13 22 for administration and enforcement of the state fire marshal's
 13 23 consumer fireworks related duties and to provide grants to
 13 24 local fire protection and emergency medical service providers.
 13 25    The bill requires that the state fire marshal adopt rules
 13 26 to require that wholesalers of consumer fireworks annually
 13 27 register with the state fire marshal and allows the state fire
 13 28 marshal to adopt rules related to wholesaler insurance and the
 13 29 storage and transfer of consumer fireworks by wholesalers. The
 13 30 state fire marshal is also required to establish an annual
 13 31 $1,000 wholesaler registration fee to be deposited in the
 13 32 consumer fireworks fee fund.
 13 33    Under the bill, a violation of a licensing or registration
 13 34 provision established in Code or by rule is considered a simple
 13 35 misdemeanor. A simple misdemeanor is punishable by confinement
 14  1 for no more than 30 days or a fine of at least $65 but not more
 14  2 than $625, or by both.
 14  3    The bill provides that a person or a firm, partnership, or
 14  4 corporation may possess consumer fireworks as provided in the
 14  5 bill.  The bill provides that a person, firm, partnership, or
 14  6 corporation who sells any consumer firework to a person who
 14  7 is less than 18 years of age commits a simple misdemeanor.
 14  8 A person who is less than 18 years of age who purchases any
 14  9 consumer fireworks commits a simple misdemeanor.  A simple
 14 10 misdemeanor is generally punishable by confinement for no more
 14 11 than 30 days or a fine of at least $65 but not more than $625 or
 14 12 by both, but the bill provides for a fine of at least $250.
 14 13    The bill provides that the state fire marshal may order the
 14 14 suspension of the use of consumer fireworks, display fireworks,
 14 15 or novelties if the fire marshal determines that the use of
 14 16 such devices would constitute a threat to public safety. The
 14 17 bill provides that a person who violates such an order by the
 14 18 fire marshal commits a simple misdemeanor, punishable by a fine
 14 19 of at least $250.
 14 20    The bill provides that a county board of supervisors may
 14 21 adopt an ordinance or resolution to prohibit or limit the
 14 22 use of consumer fireworks or display fireworks if the use of
 14 23 such devices would constitute a threat to public safety or
 14 24 a nuisance. The bill also provides that a city council may
 14 25 adopt an ordinance or resolution to prohibit or limit the use
 14 26 of consumer fireworks, display fireworks, or novelties if the
 14 27 use of such devices would constitute a threat to public safety
 14 28 or a nuisance to landowners. The bill provides that a person
 14 29 who uses fireworks when the use is prohibited or limited by an
 14 30 ordinance in the city or county in which the devices are used
 14 31 commits a simple misdemeanor, punishable by a fine of at least
 14 32 $250.
 14 33    The bill also provides certain restrictions on the use or
 14 34 explosion of consumer fireworks. The bill prohibits the use
 14 35 or explosion of consumer fireworks on days other than June
 15  1 1 through July 8 and December 10 through January 3 of each
 15  2 year. The bill prohibits the use or explosion of consumer
 15  3 fireworks at a time other than between the hours of 9:00 a.m.
 15  4 and 10:00 p.m. of those days, except as specified in the
 15  5 bill. The bill further prohibits the use of fireworks by a
 15  6 person on the real property of another person unless the owner
 15  7 of the real property has consented to such use. Under the
 15  8 bill, a violation of these restrictions is considered a simple
 15  9 misdemeanor, provided, however, that a court shall not order
 15 10 imprisonment for such a violation.
 15 11    The bill requires the state fire marshal to adopt emergency
 15 12 rules to implement the provisions of the bill, which shall be
 15 13 effective immediately upon filing.
 15 14    The bill takes effect upon enactment.
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