Arizona-2023-SB1308-Introduced

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-1601, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1601. Definitions

In this article, unless the context otherwise requires:

1. "APA 87-1" means the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.

1. "Aerial devices" means devices that are designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground and that are known as firecrackers, bottle rockets, sky rockets, missile-type rockets, helicopters, aerial spinners, torpedoes, roman candles, mine devices, shell devices and aerial shell kits or reloadable tubes.

2. "Consumer firework" means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations parts 172 and 173, and regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87-1.

3. "Display firework" means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, and regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87-1.

4. "Fireworks":

(a) Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework.

(b) Does not include:

(i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty-five hundredths 25/100 grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion.

(ii) Toy pistol paper caps that contain less than twenty-hundredths 20/100 grains of explosive mixture, or fixed ammunition or primers therefor.

(iii) Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers.

(iv) Permissible consumer fireworks.

5. "Governing body" means the board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town and means the governing body of an incorporated city or town as to the area within its corporate limits.

6. "NFPA 1124" means the national fire protection association code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles, 2013 edition as published in August 2012.

7. "Permissible consumer fireworks":

(a) Means the following types of consumer fireworks as defined by the APA 87-1:

(i) Ground and handheld sparkling devices.

(ii) Cylindrical fountains.

(iii) Cone fountains.

(iv) Illuminating torches.

(v) Wheels.

(vi) Ground spinners.

(vii) Flitter sparklers.

(viii) Toy smoke devices.

(ix) Wire sparklers or dipped sticks.

(x) Multiple tube ground and handheld sparkling devices, cylindrical fountains, cone fountains and illuminating torches manufactured in accordance with section 3.5 of the APA 87-1.

(b) Includes: ,

(i) In a county with a population of more than five hundred thousand persons, adult snappers. For the purposes of this subdivision, "adult snapper" means a device that consists of a paper-wrapped or plastic tube that does not contain a fuse, and that produces a single report and that meets all applicable requirements for fuseless firecrackers as defined by the United States consumer product safety commission and the American fireworks safety laboratory.

(c) Does not include anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, including firework items defined by the APA 87-1 and known as firecrackers, bottle rockets, sky rockets, missile-type rockets, helicopters, aerial spinners, torpedoes, roman candles, mine devices, shell devices and aerial shell kits or reloadable tubes.

(ii) Aerial devices.

8. "Person" includes an individual, partnership, firm or corporation.

9. "Specialty retailer" means a person that operates a permanent retail establishment that is located within one thousand feet of an interstate highway, that sells not more than one million five hundred thousand gallons of fuel annually, vehicle lubricants and food subject to the transaction privilege tax and that derives at least fifteen percent of the retail establishment's sales from soft goods. For the purposes of this paragraph, "soft goods" means products other than fuel, vehicle lubricants, food and beverages. END_STATUTE

Sec. 2. Section 36-1606, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1606. Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction; exception

A. The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and their sale or use is not subject to further regulation by a governing body, except as follows:

1. In a county with a population of more than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following:

(a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks within its corporate limits.

(b) Except as provided in subsection D of this section, prohibit the sale of permissible consumer fireworks on days other than April 25 through May 6, May 20 through July 6 and December 10 through January 3 of each year and two days before the first day of Diwali through the third day of Diwali each year.

(c) Prohibit the use of permissible consumer fireworks on days other than May 4 through May 6, June 24 through July 6 and December 24 through January 3 of each year and the second and third days of Diwali of each year.

(d) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes.

(e) Prohibit on all days during a stage one or higher fire restriction the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area.

(f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except:

(i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year.

(ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year.

2. In a county with a population of less than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following:

(a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks.

(b) except as provided in subsection D of this section, prohibit the sale of permissible consumer fireworks on days other than May 20 through July 6 and December 10 through January 3 of each year. The sale of permissible consumer fireworks may be prohibited on days between May 20 through July 6 and December 10 through January 3 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place.

(c) Prohibit the use of permissible consumer fireworks on days other than June 24 through July 6 and December 24 through January 3 of each year. The use of permissible consumer fireworks may be prohibited during June 24 through July 6 and December 24 through January 3 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place.

(e) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area.

(f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except:

(i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year.

(ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year.

B. A governing body that chooses to regulate, consistent with the requirements set forth in NFPA 1124 and subsection A of this section, the sale or use of permissible consumer fireworks may not require any additional signage requirements for the sale or use of permissible consumer fireworks other than those signage requirements stipulated in NFPA 1124, except that additional signage that is eight and one-half inches by eleven inches in size, that is on cardstock paper in landscape orientation, that lists the days of that year that are described in subsection A, paragraphs paragraph 1 and 2 of this section relating to the time frame surrounding Diwali and that contains the following language on a contrasting background may be posted by the retail sales display of permissible consumer fireworks:

State of Arizona

Consumer Fireworks Regulations

Arizona Revised Statutes section 36-1601, et al.

The use of permissible consumer fireworks

as defined under state law is allowed:

May 4 - May 6, June 24 — July 6 and December 24 — January 3

The sale of permissible consumer fireworks

as defined under state law is allowed:

April 25 - May 6, May 20 — July 6 and December 10 — January 3

All other fireworks are prohibited, except

as authorized by local fire department permit.

The sale and use of novelties known as snappers (pop-its),

party poppers, glow worms, snakes, toy smoke devices and

sparklers are permitted at all times.

Permissible consumer fireworks may not be sold to

persons under sixteen years of age.

Check with your local fire department for additional

regulations and dates before using.

C. This article does not prohibit the imposition by ordinance of further regulations and prohibitions by a governing body on the sale, use and possession of fireworks other than permissible consumer fireworks. A governing body may not allow or authorize the sale, use or possession of any fireworks in violation of this article.

D. The limits on the sale of permissible consumer fireworks prescribed in this section do not apply to a licensed specialty retailer. A licensed specialty retailer may sell permissible consumer fireworks every day of the year in each county of this state.END_STATUTE

Sec. 3. Section 36-1609, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1609. Office of the state fire marshal; adoption of code; sale of permissible consumer fireworks; prohibitions; licensure of specialty retailers; rules; fees

A. The office of the state fire marshal shall adopt rules pursuant to title 41, chapter 6 to carry out this article, including a rule that adopts the most current version of the national fire protection association code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles, 2013 edition as published in August, 2012. A person who sells permissible consumer fireworks to the public shall comply with those rules relating to the storage of consumer fireworks and relating to the retail sales of consumer fireworks before selling permissible consumer fireworks to the public.

B. A person shall may not:

1. Sell or permit or authorize the sale of permissible consumer fireworks to a person who is under sixteen years of age.

2. Sell aerial devices to a person who is under twenty-one years of age. A seller of aerial devices shall verify and record the age of a Person who purchases an aerial device.

C. On or before January 1, 2024, the state fire marshal shall adopt rules to license and inspect specialty retailers that are allowed to sell permissible consumer fireworks on every day of the year throughout this state pursuant to this article. The state fire marshal may establish fees in rule that may be used to process applications and inspect specialty retailer facilities. The state fire marshal may delegate specialty retailer facility inspections to officers of local fire departments. Subject to title 41, chapter 6, article 10, The state fire marshal may deny, suspend or revoke any license applied for or issued pursuant to this subsection if the applicant or licensee violates this article or any rule adopted pursuant to this article.END_STATUTE

Sec. 4. Rulemaking exemption

Notwithstanding any other law, for the purposes of this act, the state fire marshal is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year from the effective date of this act.