Bill Text: IA SF508 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the possession, sale, transfer, purchase, and use of fireworks and providing penalties. (Formerly SSB 1135 and SF 226; see SF 2113.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-01-27 - Returned to committee. [SF508 Detail]
Download: Iowa-2015-SF508-Introduced.html
Senate File 508 - Introduced SENATE FILE BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 226) (SUCCESSOR TO SSB 1135) A BILL FOR 1 An Act relating to the possession, sale, transfer, purchase, 2 and use of fireworks and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1107SZ (2) 86 aw/nh PAG LIN 1 1 Section 1. Section 100.1, subsection 4, paragraph b, Code 1 2 2015, is amended to read as follows: 1 3 b. The storage, transportation, handling, and use of 1 4 flammable liquids, combustibles, fireworks, and explosives; 1 5 Sec. 2. Section 100.1, Code 2015, is amended by adding the 1 6 following new subsection: 1 7 NEW SUBSECTION. 8. To order the suspension of the use 1 8 of consumer fireworks, display fireworks, or novelties, as 1 9 described in section 727.2, if the fire marshal determines that 1 10 the use of such devices would constitute a threat to public 1 11 safety. 1 12 Sec. 3. NEW SECTION. 100.19 Consumer fireworks seller 1 13 licensing ==== penalty. 1 14 1. As used in this section: 1 15 a. "APA 87=1" means the American pyrotechnics association 1 16 standard 87=1, as published in December 2001. 1 17 b. "Community group" means a nonprofit entity that is open 1 18 for membership to the general public which is exempt from 1 19 federal income taxation pursuant to section 501(c)(3) of the 1 20 Internal Revenue Code or a fraternal benefit society, as that 1 21 term is defined in section 512B.3. 1 22 c. "First=class consumer fireworks" means the following 1 23 consumer fireworks, as described in APA 87=1, chapter 3: 1 24 (1) Aerial shell kits and reloadable tubes. 1 25 (2) Chasers. 1 26 (3) Helicopter and aerial spinners. 1 27 (4) Firecrackers. 1 28 (5) Mine and shell devices. 1 29 (6) Missile=type rockets. 1 30 (7) Roman candles. 1 31 (8) Sky rockets and bottle rockets. 1 32 (9) Multiple tube devices under this paragraph "c" that are 1 33 manufactured in accordance with APA 87=1, section 3.5. 1 34 d. "Retailer" means an individual or entity engaged in 1 35 this state in the business of selling consumer fireworks, as 2 1 described in APA 87=1, chapter 3, on a retail basis. 2 2 e. "Second=class consumer fireworks" means the following 2 3 consumer fireworks, as described in APA 87=1, chapter 3: 2 4 (1) Cone fountains. 2 5 (2) Cylindrical fountains. 2 6 (3) Flitter sparklers. 2 7 (4) Ground and hand=held sparkling devices, including 2 8 multiple tube ground and hand=held sparkling devices that are 2 9 manufactured in accordance with APA 87=1, section 3.5. 2 10 (5) Ground spinners. 2 11 (6) Illuminating torches. 2 12 (7) Toy smoke devices. 2 13 (8) Wheels. 2 14 (9) Wire or dipped sparklers. 2 15 2. a. The state fire marshal shall establish a consumer 2 16 fireworks seller license. An application for a consumer 2 17 fireworks seller license shall be made on a form provided 2 18 by the state fire marshal. The state fire marshal shall 2 19 adopt rules consistent with this section establishing minimum 2 20 requirements for a retailer or community group to be issued a 2 21 consumer fireworks seller license. 2 22 b. A person shall possess a consumer fireworks seller 2 23 license under this section in order to sell consumer fireworks. 2 24 3. a. The state fire marshal shall establish a fee schedule 2 25 for consumer fireworks seller licenses as follows: 2 26 (1) For a retailer who devotes fifty percent or more of 2 27 the retailer's retail floor space to the sale or display of 2 28 first=class consumer fireworks, an annual fee of eight hundred 2 29 dollars. 2 30 (2) For a retailer who devotes less than fifty percent of 2 31 the retailer's retail floor space to the sale or display of 2 32 first=class consumer fireworks, an annual fee of four hundred 2 33 dollars. 2 34 (3) For a community group that offers for sale, exposes for 2 35 sale, or sells first=class consumer fireworks, an annual fee 3 1 of four hundred dollars. 3 2 (4) For a retailer or community group that offers for sale, 3 3 exposes for sale, or sells second=class consumer fireworks, 3 4 but not first=class consumer fireworks, an annual fee of one 3 5 hundred dollars. 3 6 b. A license issued to a retailer or community group 3 7 pursuant to paragraph "a", subparagraph (1), (2), or (3), shall 3 8 allow the licensee to sell both first=class consumer fireworks 3 9 and second=class consumer fireworks. 3 10 4. The state fire marshal shall adopt rules to: 3 11 a. Require that any retailer or community group offering 3 12 for sale at retail any consumer fireworks, as described in APA 3 13 87=1, chapter 3, shall do so in accordance with the national 3 14 fire protection association standard 1124, published in the 3 15 code for the manufacture, transportation, storage, and retail 3 16 sales of fireworks and pyrotechnic articles, 2006 edition. 3 17 b. Require that a retailer or community group to be issued a 3 18 license pursuant to this section provide proof of and maintain 3 19 public liability insurance and product liability insurance 3 20 with minimum per occurrence coverage of at least five million 3 21 dollars. 3 22 c. Permit a retailer or community group issued a license 3 23 pursuant to this section to sell consumer fireworks, as 3 24 described in APA 87=1, chapter 3, at the following locations 3 25 as specified: 3 26 (1) At a permanent building that meets the requirements of 3 27 paragraph "a", year=round. 3 28 (2) At a temporary structure that meets the requirements of 3 29 paragraph "a" between June 13 and July 11 each year. 3 30 d. A retailer or community group shall not transfer consumer 3 31 fireworks, as described in APA 87=1, chapter 3, to a person who 3 32 is under eighteen years of age. 3 33 5. a. The state fire marshal shall adopt rules to provide 3 34 that a person's consumer fireworks seller license may be 3 35 revoked for the intentional violation of this section. The 4 1 proceedings for revocation shall be held before the division 4 2 of the state fire marshal, which may revoke the license or 4 3 licenses involved as provided in paragraph "b". 4 4 b. (1) If, upon the hearing of the order to show cause, 4 5 the division of the state fire marshal finds that the licensee 4 6 intentionally violated this section, then the license or 4 7 licenses under which the licensed retailer or community group 4 8 sells first=class consumer fireworks or second=class consumer 4 9 fireworks, shall be revoked. 4 10 (2) Judicial review of actions of the division of the 4 11 state fire marshal may be sought in accordance with the terms 4 12 of the Iowa administrative procedure Act, chapter 17A. If 4 13 the licensee has not filed a petition for judicial review in 4 14 district court, revocation shall date from the thirty=first 4 15 day following the date of the order of the division of the 4 16 state fire marshal. If the licensee has filed a petition for 4 17 judicial review, revocation shall date from the thirty=first 4 18 day following entry of the order of the district court, if 4 19 action by the district court is adverse to the licensee. 4 20 (3) A new license or shall not be issued to a person whose 4 21 license has been revoked, or to the business in control of the 4 22 premises on which the violation occurred if it is established 4 23 that the owner of the business had actual knowledge of the 4 24 violation resulting in the license revocation, for the period 4 25 of one year following the date of revocation. 4 26 6. a. A consumer fireworks seller license fee fund is 4 27 created in the state treasury under the control of the state 4 28 fire marshal. Notwithstanding section 12C.7, interest or 4 29 earnings on moneys in the consumer fireworks seller license fee 4 30 fund shall be credited to the consumer fireworks seller license 4 31 fee fund. Moneys in the fund are appropriated to the state 4 32 fire marshal to be used to fulfill the responsibilities of 4 33 the state fire marshal for the administration and enforcement 4 34 of this section and to provide grants pursuant to paragraph 4 35 "b". The fund shall include the fees collected by the state 5 1 fire marshal under the fee schedule established pursuant to 5 2 subsection 3. 5 3 b. The state fire marshal shall establish a local fire 5 4 protection and emergency medical service providers grant 5 5 program to provide grants to local fire protection service 5 6 providers and local emergency medical service providers to 5 7 establish or provide fireworks safety education programming 5 8 to members of the public. The state fire marshal may also 5 9 provide grants to local fire protection service providers and 5 10 local emergency medical service providers for the purchase 5 11 of necessary enforcement, protection, or emergency response 5 12 equipment related to the sale and use of consumer fireworks in 5 13 this state. 5 14 7. The state fire marshal shall adopt rules for the 5 15 administration of this section. 5 16 8. A person who violates a provision of this section or a 5 17 rule adopted pursuant to this section is guilty of a simple 5 18 misdemeanor. 5 19 Sec. 4. NEW SECTION. 100.19A Consumer fireworks wholesaler 5 20 == registration == penalty. 5 21 1. For purposes of this section: 5 22 a. "Consumer fireworks" means first=class consumer fireworks 5 23 and second=class consumer fireworks, as those terms are defined 5 24 in section 100.19. 5 25 b. "Wholesaler" means a person who engages in the business 5 26 of selling or distributing consumer fireworks for the purpose 5 27 of resale in this state. 5 28 2. The state fire marshal shall adopt rules to require all 5 29 wholesalers to register with the state fire marshal. The state 5 30 fire marshal may also adopt rules to regulate the storage or 5 31 transfer of consumer fireworks by wholesalers and to require 5 32 wholesalers to maintain insurance. 5 33 3. The state fire marshal shall establish a registration fee 5 34 of one thousand dollars for wholesalers of consumer fireworks 5 35 within the state. 6 1 4. A person who violates a provision of this section or a 6 2 rule adopted pursuant to this section is guilty of a simple 6 3 misdemeanor. 6 4 Sec. 5. Section 101A.1, subsection 3, Code 2015, is amended 6 5 to read as follows: 6 6 3. "Explosive" means any chemical compound, mixture 6 7 or device, the primary or common purpose of which is to 6 8 function by explosion with substantially instantaneous 6 9 release of gas and heat, unless such compound, mixture, or 6 10 device is otherwise specifically classified by the United 6 11 States department of transportation. The term "explosive" 6 12 includes all materials which are classified as a class 1, 6 13 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 6 14 department of transportation, under 49 C.F.R. {173.50, and all 6 15 materials classified as explosive materials under 18 U.S.C. 6 16 {841, and includes, but is not limited to, dynamite, black 6 17 powder, pellet powders, initiating explosives, blasting caps, 6 18 electric blasting caps, safety fuse, fuse lighters, fuse 6 19 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 6 20 igniter cord, igniters, smokeless propellant, cartridges for 6 21 propellant=actuated power devices, cartridges for industrial 6 22 guns, and overpressure devices, but does not include"fireworks" 6 23 as"consumer fireworks", "display fireworks", or "novelties" as 6 24 those terms are defined in section 727.2 or ammunition or small 6 25 arms primers manufactured for use in shotguns, rifles, and 6 26 pistols. Commercial explosives are those explosives which are 6 27 intended to be used in commercial or industrial operations. 6 28 Sec. 6. Section 331.301, Code 2015, is amended by adding the 6 29 following new subsection: 6 30 NEW SUBSECTION. 17. The board of supervisors may by 6 31 resolution suspend the use of display fireworks, as described 6 32 in section 727.2, if the board determines that the use of such 6 33 devices would constitute a threat to public safety. 6 34 Sec. 7. Section 331.304, subsection 9, Code 2015, is amended 6 35 to read as follows: 7 1 9. The board, upon application, may grant permits for the 7 2displayuse of display fireworks as provided in section 727.2. 7 3 Sec. 8. Section 461A.42, subsection 2, Code 2015, is amended 7 4 to read as follows: 7 5 2. The use of consumer fireworks, display fireworks, and 7 6 novelties, as defined in section 727.2, in state parks and 7 7 preserves is prohibited except as authorized by a permit issued 7 8 by the department. The commission shall establish, by rule 7 9 adopted pursuant to chapter 17A, a fireworks permit system 7 10 which authorizes the issuance of a limited number of permits to 7 11 qualified persons to use or display fireworks in selected state 7 12 parks and preserves. 7 13 Sec. 9. Section 727.2, Code 2015, is amended to read as 7 14 follows: 7 15 727.2 Fireworks. 7 16 1. Definitions. For purposes of this section: 7 17 a. "Consumer fireworks" includes first=class consumer 7 18 fireworks and second=class consumer fireworks as those terms 7 19 are defined in section 100.19, subsection 1. 7 20 b.The term "fireworks""Display fireworks" includes any 7 21 explosive composition, or combination of explosive substances, 7 22 or article prepared for the purpose of producing a visible 7 23 or audible effect by combustion, explosion, deflagration, 7 24 or detonation, and includesblank cartridges, firecrackers, 7 25 torpedoes, skyrockets, roman candles, or other fireworks of 7 26 like construction andfireworks containing any explosive or 7 27 flammable compound, or other device containing any explosive 7 28 substance.The term "fireworks""Display fireworks" does not 7 29 includegoldstar=producing sparklers on wires which contain 7 30 no magnesium or chlorate or perchlorate, flitter sparklers 7 31 in paper tubes that do not exceed one=eighth of an inch in 7 32 diameter, toy snakes which contain no mercury, or caps used 7 33 in cap pistolsnovelties or consumer fireworks enumerated in 7 34 chapter 3 of the American pyrotechnics association's standard 7 35 87=1. 8 1 c. "Novelties" includes all novelties enumerated in chapter 8 2 3 of the American pyrotechnics association's standard 87=1, and 8 3 that comply with the labeling regulations promulgated by the 8 4 United States consumer product safety commission. 8 5 2. Display fireworks. 8 6 a. A person, firm, partnership, or corporation who offers 8 7 for sale, exposes for sale, sells at retail, or uses or 8 8 explodes any display fireworks, commits a simple misdemeanor. 8 9 In addition to any other penalties, the punishment imposed 8 10 for a violation of this section shall include assessment 8 11 of, punishable by a fine of not less than two hundred fifty 8 12 dollars. However,thea city council of a city or a county 8 13 board of supervisors may, upon application in writing, grant a 8 14 permit for the display of display fireworks by municipalities, 8 15 fair associations, amusement parks, and other organizations 8 16 or groups of individuals approved by the city or the county 8 17 board of supervisors when the display fireworksdisplaywill 8 18 be handled by a competent operator, but no such permit shall 8 19 be required for the display of display fireworks at the Iowa 8 20 state fairgrounds by the Iowa state fair board, at incorporated 8 21 county fairs, or at district fairs receiving state aid. Sales 8 22 of display fireworks for such display may be made for that 8 23 purpose only. 8 24 b. (1) A person who uses or explodes display fireworks 8 25 while the use of such devices is suspended by a resolution 8 26 adopted by the county in which the firework is used commits a 8 27 simple misdemeanor, punishable by a fine of not less than two 8 28 hundred fifty dollars. 8 29 (2) A person who uses or explodes display fireworks while 8 30 the use of such devices is suspended by an order of the state 8 31 fire marshal commits a simple misdemeanor, punishable by a fine 8 32 of not less than two hundred fifty dollars. 8 33 3. Consumer fireworks and novelties. 8 34 a. A person or a firm, partnership, or corporation may 8 35 possess, use, or explode consumer fireworks in accordance with 9 1 this subsection and subsection 4. 9 2 b. A person, firm, partnership, or corporation who sells 9 3 consumer fireworks to a person who is less than eighteen years 9 4 of age commits a simple misdemeanor, punishable by a fine of 9 5 not less than two hundred fifty dollars. A person who is less 9 6 than eighteen years of age who purchases consumer fireworks 9 7 commits a simple misdemeanor, punishable by a fine of not less 9 8 than two hundred fifty dollars. 9 9 c. A person who uses or explodes consumer fireworks or 9 10 novelties while the use of such devices is suspended by an 9 11 order of the state fire marshal commits a simple misdemeanor, 9 12 punishable by a fine of not less than two hundred fifty 9 13 dollars. 9 14 4. Limitations. 9 15 a. A person shall not use or explode consumer fireworks at 9 16 times other than between the hours of 9:00 a.m. and 10:00 p.m., 9 17 except that on the following dates consumer fireworks shall not 9 18 be used at times other than between the hours of 9:00 a.m. and 9 19 12:30 a.m. on the immediately following day: 9 20 (1) Memorial Day and the Saturday and Sunday immediately 9 21 preceding that day. 9 22 (2) July 4 and the Saturdays and Sundays immediately 9 23 preceding and following July 4. 9 24 (3) Labor Day and the Saturday and Sunday immediately 9 25 preceding that day. 9 26 (4) December 31 and the Saturdays and Sundays immediately 9 27 preceding and following December 31. 9 28 b. A person shall not use consumer fireworks on real 9 29 property other than that person's real property or on the real 9 30 property of a person who has consented to the use of consumer 9 31 fireworks on that property. 9 32 c. A person who violates this subsection commits a simple 9 33 misdemeanor punishable by a fine of not less than fifty dollars 9 34 and not more than five hundred dollars. 9 353.5. Applicability. 10 1 a. This section does not prohibit the sale by a resident, 10 2 dealer, manufacturer, or jobber of such fireworks as are 10 3 not prohibited by this section, or the sale of any kind of 10 4 fireworks if they are to be shipped out of the state, or the 10 5 sale or use of blank cartridges for a show or the theater, 10 6 or for signal purposes in athletic sports or by railroads 10 7 or trucks, for signal purposes, or by a recognized military 10 8 organization. 10 9 b. This section does not apply to any substance or 10 10 composition prepared and sold for medicinal or fumigation 10 11 purposes. 10 12 c. Unless specifically provided otherwise, this section does 10 13 not apply to novelties. 10 14 Sec. 10. EFFECTIVE DATE. This Act takes effect June 1, 10 15 2015. 10 16 EXPLANATION 10 17 The inclusion of this explanation does not constitute agreement with 10 18 the explanation's substance by the members of the general assembly. 10 19 This bill provides for the legal sale and use of novelties 10 20 and consumer fireworks within the state. 10 21 The bill provides that the state fire marshal has the duty to 10 22 enforce all laws, and rules of the department of public safety 10 23 concerned with the storage, transportation, handling, and use 10 24 of fireworks. 10 25 Current law provides that a person, firm, partnership, or 10 26 corporation who offers for sale, exposes for sale, sells at 10 27 retail, or uses or explodes any fireworks, commits a simple 10 28 misdemeanor. Current law, however, also provides that a county 10 29 board of supervisors or the department of natural resources may 10 30 grant a permit for the display of fireworks if the fireworks 10 31 display will be handled by a competent operator. Current 10 32 law further provides that the term "fireworks" includes any 10 33 explosive composition, or combination of explosive substances, 10 34 or article prepared for the purpose of producing a visible 10 35 or audible effect by combustion, explosion, deflagration, 11 1 or detonation, including blank cartridges, firecrackers, 11 2 torpedoes, skyrockets, roman candles, or other fireworks of 11 3 like construction and fireworks containing any explosive or 11 4 flammable compound, or other device containing any explosive 11 5 substance with limited exceptions. 11 6 The bill maintains these restrictions for display fireworks 11 7 and provides that the term "display fireworks" shall not 11 8 include novelties or consumer fireworks. The bill provides 11 9 definitions for the terms "novelties" and "consumer fireworks". 11 10 The bill requires that the state fire marshal establish 11 11 a consumer fireworks seller license, and requires possession 11 12 of such a license to legally sell consumer fireworks in this 11 13 state. The state fire marshal is required to establish a fee 11 14 schedule for consumer fireworks seller licenses. The bill 11 15 establishes two classes of consumer fireworks and requires 11 16 an $800 annual licensing fee for a retailer who devotes 50 11 17 percent or more of the retailer's retail floor space to the 11 18 sale or display of first=class consumer fireworks. Retailers 11 19 who devote less than 50 percent of the retailer's retail 11 20 floor space to the sale or display of first=class consumer 11 21 fireworks are required to pay an annual licensing fee of $400. 11 22 A community group that sells first=class consumer fireworks 11 23 is required to pay an annual licensing fee of $400. The 11 24 bill requires an annual licensing fee of $100 for retailers 11 25 or community groups that sell only second=class consumer 11 26 fireworks. 11 27 The bill requires that the state fire marshal adopt rules 11 28 to require that licensed retailers and community groups only 11 29 offer consumer fireworks for sale in accordance with specified 11 30 industry standards. The bill also requires that retailers and 11 31 community groups provide proof of and maintain public liability 11 32 and public liability insurance. Under the bill, the state fire 11 33 marshal is required to adopt rules to permit licensed retailers 11 34 and community groups to sell consumer fireworks at conforming 11 35 permanent buildings on a year=round basis and at conforming 12 1 temporary structures from June 13 to July 11 each year. 12 2 The bill also provides for the revocation of a consumer 12 3 fireworks seller license for the intentional violation of 12 4 licensing requirements. The bill establishes procedures 12 5 for the revocation of such licenses and procedures for 12 6 review for such revocations. The bill also establishes a 12 7 consumer fireworks seller license fee fund under the control 12 8 of the state fire marshal. The fund shall consist of the 12 9 fees collected for the licensing of retailers and community 12 10 groups. The fund is required to be used for administration 12 11 and enforcement of the state fire marshal's consumer fireworks 12 12 related duties and to provide grants to local fire protection 12 13 and emergency medical service providers. 12 14 The bill requires that the state fire marshal adopt rules to 12 15 require that wholesalers of consumer fireworks register with 12 16 the state fire marshal and allows the state fire marshal to 12 17 adopt rules related to wholesaler insurance and the storage 12 18 and transfer of consumer fireworks by wholesalers. The state 12 19 fire marshal is also required to establish a $1,000 wholesaler 12 20 registration fee. 12 21 Under the bill, a violation of a licensing or registration 12 22 provision established in Code or by rule is considered a simple 12 23 misdemeanor. A simple misdemeanor is punishable by confinement 12 24 for no more than 30 days or a fine of at least $65 but not more 12 25 than $625, or by both. 12 26 The bill provides that a person or a firm, partnership, or 12 27 corporation may possess consumer fireworks as provided in the 12 28 bill. The bill provides that a person, firm, partnership, or 12 29 corporation who sells any consumer firework to a person who 12 30 is less than 18 years of age commits a simple misdemeanor. 12 31 A person who is less than 18 years of age who purchases any 12 32 consumer fireworks commits a simple misdemeanor. A simple 12 33 misdemeanor is generally punishable by confinement for no more 12 34 than 30 days or a fine of at least $65 but not more than $625 or 12 35 by both, but the bill provides for a fine of at least $250. 13 1 The bill provides that the state fire marshal may order the 13 2 suspension of the use of consumer fireworks, display fireworks, 13 3 or novelties if the fire marshal determines that the use of 13 4 such devices would constitute a threat to public safety. The 13 5 bill also provides that a county board of supervisors may adopt 13 6 a resolution to suspend the use of display fireworks. The bill 13 7 provides that a person who violates such an order by the state 13 8 fire marshal or resolution of a county board of supervisors 13 9 commits a simple misdemeanor, punishable by a fine of at least 13 10 $250. 13 11 The bill also provides certain restrictions on the use 13 12 or explosion of consumer fireworks. The bill prohibits the 13 13 use or explosion of consumer fireworks at a time other than 13 14 between the hours of 9:00 a.m. and 10:00 p.m., except on 13 15 Memorial Day, the 4th of July, Labor Day, and New Year's Eve, 13 16 and weekend days near such holidays. On specified days, the 13 17 use or explosion of consumer fireworks is prohibited except 13 18 between the hours of 9:00 a.m. and 12:30 a.m. on the following 13 19 day. The bill further prohibits the use of fireworks by a 13 20 person on the real property of another person unless the owner 13 21 of the real property has consented to such use. Under the 13 22 bill, a violation of these restrictions is considered a simple 13 23 misdemeanor punishable by a fine of not less than $50 and not 13 24 more than $500. 13 25 The bill takes effect June 1, 2015. LSB 1107SZ (2) 86 aw/nh
