Bill Text: IA HSB171 | 2017-2018 | 87th General Assembly | Introduced
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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-27 - Subcommittee: Windschitl, Bloomingdale and Jacoby. H.J. 517. [HSB171 Detail]
Download: Iowa-2017-HSB171-Introduced.html
House
Study
Bill
171
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
VANDER
LINDEN)
A
BILL
FOR
An
Act
relating
to
the
possession,
sale,
transfer,
purchase,
1
and
use
of
fireworks,
providing
penalties,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2088YC
(1)
87
gh/nh
H.F.
_____
DIVISION
I
1
FIREWORKS
REGULATION
2
Section
1.
Section
100.1,
subsection
4,
paragraph
b,
Code
3
2017,
is
amended
to
read
as
follows:
4
b.
The
storage,
transportation,
handling,
and
use
of
5
flammable
liquids,
combustibles,
fireworks,
and
explosives;
6
Sec.
2.
Section
100.1,
Code
2017,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
8.
To
order
the
suspension
of
the
use
9
of
consumer
fireworks,
display
fireworks,
or
novelties,
as
10
described
in
section
727.2,
if
the
fire
marshal
determines
that
11
the
use
of
such
devices
would
constitute
a
threat
to
public
12
safety.
13
Sec.
3.
NEW
SECTION
.
100.19
Consumer
fireworks
seller
14
licensing
——
penalty
——
fund.
15
1.
As
used
in
this
section:
16
a.
“APA
87-1”
means
the
American
pyrotechnics
association
17
standard
87-1,
as
published
in
December
2001.
18
b.
“Community
group”
means
a
nonprofit
entity
that
is
open
19
for
membership
to
the
general
public
which
is
exempt
from
20
federal
income
taxation
pursuant
to
section
501(c)(3)
of
the
21
Internal
Revenue
Code
or
a
fraternal
benefit
society,
as
that
22
term
is
defined
in
section
512B.3.
23
c.
“First-class
consumer
fireworks”
means
the
following
24
consumer
fireworks,
as
described
in
APA
87-1,
chapter
3:
25
(1)
Aerial
shell
kits
and
reloadable
tubes.
26
(2)
Chasers.
27
(3)
Helicopter
and
aerial
spinners.
28
(4)
Firecrackers.
29
(5)
Mine
and
shell
devices.
30
(6)
Missile-type
rockets.
31
(7)
Roman
candles.
32
(8)
Sky
rockets
and
bottle
rockets.
33
(9)
Multiple
tube
devices
under
this
paragraph
“c”
that
are
34
manufactured
in
accordance
with
APA
87-1,
section
3.5.
35
-1-
LSB
2088YC
(1)
87
gh/nh
1/
15
H.F.
_____
d.
“Retailer”
means
as
defined
in
section
423.1.
1
e.
“Second-class
consumer
fireworks”
means
the
following
2
consumer
fireworks,
as
described
in
APA
87-1,
chapter
3:
3
(1)
Cone
fountains.
4
(2)
Cylindrical
fountains.
5
(3)
Flitter
sparklers.
6
(4)
Ground
and
hand-held
sparkling
devices,
including
7
multiple
tube
ground
and
hand-held
sparkling
devices
that
are
8
manufactured
in
accordance
with
APA
87-1,
section
3.5.
9
(5)
Ground
spinners.
10
(6)
Illuminating
torches.
11
(7)
Toy
smoke
devices
that
are
not
classified
as
novelties
12
pursuant
to
APA
87-1,
section
3.2.
13
(8)
Wheels.
14
(9)
Wire
or
dipped
sparklers
that
are
not
classified
as
15
novelties
pursuant
to
APA
87-1,
section
3.2.
16
2.
a.
The
state
fire
marshal
shall
establish
a
consumer
17
fireworks
seller
license.
An
application
for
a
consumer
18
fireworks
seller
license
shall
be
made
on
a
form
provided
19
by
the
state
fire
marshal.
The
state
fire
marshal
shall
20
adopt
rules
consistent
with
this
section
establishing
minimum
21
requirements
for
a
retailer
or
community
group
to
be
issued
a
22
consumer
fireworks
seller
license.
23
b.
A
person
shall
possess
a
consumer
fireworks
seller
24
license
under
this
section
in
order
to
sell
consumer
fireworks.
25
3.
a.
The
state
fire
marshal
shall
establish
a
fee
schedule
26
for
consumer
fireworks
seller
licenses
as
follows:
27
(1)
For
a
retailer
at
a
permanent
building
who
devotes
fifty
28
percent
or
more
of
the
retailer’s
retail
floor
space
to
the
29
sale
or
display
of
first-class
consumer
fireworks,
an
annual
30
fee
of
one
thousand
dollars.
31
(2)
For
a
retailer
at
a
temporary
structure
who
devotes
32
fifty
percent
or
more
of
the
retailer’s
retail
floor
space
33
to
the
sale
or
display
of
first-class
consumer
fireworks,
an
34
annual
fee
of
five
hundred
dollars.
35
-2-
LSB
2088YC
(1)
87
gh/nh
2/
15
H.F.
_____
(3)
For
a
retailer
who
devotes
less
than
fifty
percent
of
1
the
retailer’s
retail
floor
space
to
the
sale
or
display
of
2
first-class
consumer
fireworks,
an
annual
fee
of
four
hundred
3
dollars.
4
(4)
For
a
community
group
that
offers
for
sale,
exposes
for
5
sale,
or
sells
first-class
consumer
fireworks,
an
annual
fee
6
of
four
hundred
dollars.
7
(5)
For
a
retailer
or
community
group
that
offers
for
sale,
8
exposes
for
sale,
or
sells
second-class
consumer
fireworks,
9
but
not
first-class
consumer
fireworks,
an
annual
fee
of
one
10
hundred
dollars.
11
b.
A
license
issued
to
a
retailer
or
community
group
12
pursuant
to
paragraph
“a”
,
subparagraph
(1),
(2),
(3),
or
(4),
13
shall
allow
the
licensee
to
sell
both
first-class
consumer
14
fireworks
and
second-class
consumer
fireworks.
15
4.
The
state
fire
marshal
shall
adopt
rules
to:
16
a.
Require
that
any
retailer
or
community
group
offering
17
for
sale
at
retail
any
consumer
fireworks,
as
described
in
APA
18
87-1,
chapter
3,
shall
do
so
in
accordance
with
the
national
19
fire
protection
association
standard
1124,
published
in
the
20
code
for
the
manufacture,
transportation,
storage,
and
retail
21
sales
of
fireworks
and
pyrotechnic
articles,
2006
edition.
22
b.
Require
that
a
retailer
or
community
group
to
be
issued
23
a
license
pursuant
to
this
section
provide
proof
of
and
24
maintain
commercial
general
liability
insurance
with
minimum
25
per
occurrence
coverage
of
at
least
one
million
dollars
and
26
aggregate
coverage
of
at
least
two
million
dollars.
27
c.
Permit
a
retailer
or
community
group
issued
a
license
28
pursuant
to
this
section
to
sell
consumer
fireworks,
as
29
described
in
APA
87-1,
chapter
3,
at
the
following
locations
30
as
specified:
31
(1)
At
a
permanent
building
that
meets
the
requirements
of
32
paragraph
“a”
,
between
June
1
and
July
8
and
between
December
10
33
and
January
3
each
year,
all
dates
inclusive.
34
(2)
At
a
temporary
structure
that
meets
the
requirements
of
35
-3-
LSB
2088YC
(1)
87
gh/nh
3/
15
H.F.
_____
paragraph
“a”
between
June
13
and
July
8
each
year,
both
dates
1
inclusive.
2
d.
A
retailer
or
community
group
shall
not
transfer
consumer
3
fireworks,
as
described
in
APA
87-1,
chapter
3,
to
a
person
who
4
is
under
eighteen
years
of
age.
5
5.
a.
The
state
fire
marshal
shall
adopt
rules
to
provide
6
that
a
person’s
consumer
fireworks
seller
license
may
be
7
revoked
for
the
intentional
violation
of
this
section.
The
8
proceedings
for
revocation
shall
be
held
before
the
division
9
of
the
state
fire
marshal,
which
may
revoke
the
license
or
10
licenses
involved
as
provided
in
paragraph
“b”
.
11
b.
(1)
If,
upon
the
hearing
of
the
order
to
show
cause,
12
the
division
of
the
state
fire
marshal
finds
that
the
licensee
13
intentionally
violated
this
section,
then
the
license
or
14
licenses
under
which
the
licensed
retailer
or
community
group
15
sells
first-class
consumer
fireworks
or
second-class
consumer
16
fireworks,
shall
be
revoked.
17
(2)
Judicial
review
of
actions
of
the
division
of
the
18
state
fire
marshal
may
be
sought
in
accordance
with
the
terms
19
of
the
Iowa
administrative
procedure
Act,
chapter
17A.
If
20
the
licensee
has
not
filed
a
petition
for
judicial
review
in
21
district
court,
revocation
shall
date
from
the
thirty-first
22
day
following
the
date
of
the
order
of
the
division
of
the
23
state
fire
marshal.
If
the
licensee
has
filed
a
petition
for
24
judicial
review,
revocation
shall
date
from
the
thirty-first
25
day
following
entry
of
the
order
of
the
district
court,
if
26
action
by
the
district
court
is
adverse
to
the
licensee.
27
(3)
A
new
license
shall
not
be
issued
to
a
person
whose
28
license
has
been
revoked,
or
to
the
business
in
control
of
the
29
premises
on
which
the
violation
occurred
if
it
is
established
30
that
the
owner
of
the
business
had
actual
knowledge
of
the
31
violation
resulting
in
the
license
revocation,
for
the
period
32
of
one
year
following
the
date
of
revocation.
33
6.
a.
A
consumer
fireworks
fee
fund
is
created
in
the
34
state
treasury
under
the
control
of
the
state
fire
marshal.
35
-4-
LSB
2088YC
(1)
87
gh/nh
4/
15
H.F.
_____
Notwithstanding
section
12C.7,
interest
or
earnings
on
1
moneys
in
the
consumer
fireworks
fee
fund
shall
be
credited
2
to
the
consumer
fireworks
fee
fund.
Moneys
in
the
fund
are
3
appropriated
to
the
state
fire
marshal
to
be
used
to
fulfill
4
the
responsibilities
of
the
state
fire
marshal
for
the
5
administration
and
enforcement
of
this
section
and
section
6
100.19A
and
to
provide
grants
pursuant
to
paragraph
“b”
.
The
7
fund
shall
include
the
fees
collected
by
the
state
fire
marshal
8
under
the
fee
schedule
established
pursuant
to
subsection
3
9
and
the
fees
collected
by
the
state
fire
marshal
under
section
10
100.19A
for
wholesaler
registration.
11
b.
The
state
fire
marshal
shall
establish
a
local
fire
12
protection
and
emergency
medical
service
providers
grant
13
program
to
provide
grants
to
local
fire
protection
service
14
providers
and
local
emergency
medical
service
providers
to
15
establish
or
provide
fireworks
safety
education
programming
16
to
members
of
the
public.
The
state
fire
marshal
may
also
17
provide
grants
to
local
fire
protection
service
providers
and
18
local
emergency
medical
service
providers
for
the
purchase
19
of
necessary
enforcement,
protection,
or
emergency
response
20
equipment
related
to
the
sale
and
use
of
consumer
fireworks
in
21
this
state.
22
7.
The
state
fire
marshal
shall
adopt
rules
for
the
23
administration
of
this
section.
24
8.
A
person
who
violates
a
provision
of
this
section
or
a
25
rule
adopted
pursuant
to
this
section
is
guilty
of
a
simple
26
misdemeanor.
27
Sec.
4.
NEW
SECTION
.
100.19A
Consumer
fireworks
wholesaler
28
——
registration
——
penalty.
29
1.
For
purposes
of
this
section:
30
a.
“Consumer
fireworks”
means
first-class
consumer
fireworks
31
and
second-class
consumer
fireworks,
as
those
terms
are
defined
32
in
section
100.19.
33
b.
“Wholesaler”
means
a
person
who
engages
in
the
business
34
of
selling
or
distributing
consumer
fireworks
for
the
purpose
35
-5-
LSB
2088YC
(1)
87
gh/nh
5/
15
H.F.
_____
of
resale
in
this
state.
1
2.
The
state
fire
marshal
shall
adopt
rules
to
require
all
2
wholesalers
to
annually
register
with
the
state
fire
marshal.
3
The
state
fire
marshal
may
also
adopt
rules
to
regulate
the
4
storage
or
transfer
of
consumer
fireworks
by
wholesalers
and
to
5
require
wholesalers
to
maintain
insurance.
6
3.
The
state
fire
marshal
shall
establish
an
annual
7
registration
fee
of
one
thousand
dollars
for
wholesalers
8
of
consumer
fireworks
within
the
state.
Registration
fees
9
collected
pursuant
to
this
section
shall
be
deposited
in
the
10
consumer
fireworks
fee
fund
created
in
section
100.19.
11
4.
A
person
who
violates
a
provision
of
this
section
or
a
12
rule
adopted
pursuant
to
this
section
is
guilty
of
a
simple
13
misdemeanor.
14
Sec.
5.
Section
101A.1,
subsection
3,
Code
2017,
is
amended
15
to
read
as
follows:
16
3.
“Explosive”
means
any
chemical
compound,
mixture
17
or
device,
the
primary
or
common
purpose
of
which
is
to
18
function
by
explosion
with
substantially
instantaneous
19
release
of
gas
and
heat,
unless
such
compound,
mixture,
or
20
device
is
otherwise
specifically
classified
by
the
United
21
States
department
of
transportation.
The
term
“explosive”
22
includes
all
materials
which
are
classified
as
a
class
1,
23
division
1.1,
1.2,
1.3,
or
1.4
explosive
by
the
United
States
24
department
of
transportation,
under
49
C.F.R.
§173.50
,
and
all
25
materials
classified
as
explosive
materials
under
18
U.S.C.
26
§841,
and
includes,
but
is
not
limited
to,
dynamite,
black
27
powder,
pellet
powders,
initiating
explosives,
blasting
caps,
28
electric
blasting
caps,
safety
fuse,
fuse
lighters,
fuse
29
igniters,
squibs,
cordeau
detonative
fuse,
instantaneous
fuse,
30
igniter
cord,
igniters,
smokeless
propellant,
cartridges
for
31
propellant-actuated
power
devices,
cartridges
for
industrial
32
guns,
and
overpressure
devices,
but
does
not
include
“fireworks”
33
as
“consumer
fireworks”
,
“display
fireworks”
,
or
“novelties”
as
34
those
terms
are
defined
in
section
727.2
or
ammunition
or
small
35
-6-
LSB
2088YC
(1)
87
gh/nh
6/
15
H.F.
_____
arms
primers
manufactured
for
use
in
shotguns,
rifles,
and
1
pistols.
Commercial
explosives
are
those
explosives
which
are
2
intended
to
be
used
in
commercial
or
industrial
operations.
3
Sec.
6.
Section
331.301,
Code
2017,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
17.
The
board
of
supervisors
may
by
6
ordinance
or
resolution
prohibit
or
limit
the
use
of
consumer
7
fireworks
or
display
fireworks,
as
described
in
section
727.2,
8
if
the
board
determines
that
the
use
of
such
devices
would
9
constitute
a
threat
to
public
safety
or
private
property,
or
10
if
the
board
determines
that
the
use
of
such
devices
would
11
constitute
a
nuisance
to
neighboring
landowners.
12
Sec.
7.
Section
331.304,
subsection
8,
Code
2017,
is
amended
13
to
read
as
follows:
14
8.
The
board,
upon
application,
may
grant
permits
for
the
15
display
use
of
display
fireworks
as
provided
in
section
727.2
.
16
Sec.
8.
Section
364.2,
Code
2017,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
6.
A
city
council
may
by
ordinance
or
19
resolution
prohibit
or
limit
the
use
of
consumer
fireworks,
20
display
fireworks,
or
novelties,
as
described
in
section
727.2.
21
Sec.
9.
Section
461A.42,
subsection
2,
Code
2017,
is
amended
22
to
read
as
follows:
23
2.
The
use
of
consumer
fireworks
or
display
fireworks
,
24
as
defined
in
section
727.2
,
in
state
parks
and
preserves
is
25
prohibited
except
as
authorized
by
a
permit
issued
by
the
26
department.
The
commission
shall
establish,
by
rule
adopted
27
pursuant
to
chapter
17A
,
a
fireworks
permit
system
which
28
authorizes
the
issuance
of
a
limited
number
of
permits
to
29
qualified
persons
to
use
or
display
fireworks
in
selected
state
30
parks
and
preserves.
31
Sec.
10.
Section
727.2,
Code
2017,
is
amended
to
read
as
32
follows:
33
727.2
Fireworks.
34
1.
Definitions.
For
purposes
of
this
section:
35
-7-
LSB
2088YC
(1)
87
gh/nh
7/
15
H.F.
_____
a.
“Consumer
fireworks”
includes
first-class
consumer
1
fireworks
and
second-class
consumer
fireworks
as
those
terms
2
are
defined
in
section
100.19,
subsection
1.
“Consumer
3
fireworks”
does
not
include
novelties
enumerated
in
chapter
4
3
of
the
American
pyrotechnics
association’s
standard
87-1
5
or
display
fireworks
enumerated
in
chapter
4
of
the
American
6
pyrotechnics
association’s
standard
87-1.
7
b.
The
term
“fireworks”
“Display
fireworks”
includes
any
8
explosive
composition,
or
combination
of
explosive
substances,
9
or
article
prepared
for
the
purpose
of
producing
a
visible
10
or
audible
effect
by
combustion,
explosion,
deflagration,
11
or
detonation,
and
includes
blank
cartridges,
firecrackers,
12
torpedoes,
skyrockets,
roman
candles,
or
other
fireworks
of
13
like
construction
and
fireworks
containing
any
explosive
or
14
flammable
compound,
or
other
device
containing
any
explosive
15
substance.
The
term
“fireworks”
“Display
fireworks”
does
not
16
include
goldstar-producing
sparklers
on
wires
which
contain
17
no
magnesium
or
chlorate
or
perchlorate,
flitter
sparklers
18
in
paper
tubes
that
do
not
exceed
one-eighth
of
an
inch
in
19
diameter,
toy
snakes
which
contain
no
mercury,
or
caps
used
20
in
cap
pistols
novelties
or
consumer
fireworks
enumerated
in
21
chapter
3
of
the
American
pyrotechnics
association’s
standard
22
87-1
.
23
c.
“Novelties”
includes
all
novelties
enumerated
in
chapter
24
3
of
the
American
pyrotechnics
association’s
standard
87-1,
and
25
that
comply
with
the
labeling
regulations
promulgated
by
the
26
United
States
consumer
product
safety
commission.
27
2.
Display
fireworks.
28
a.
A
person,
firm,
partnership,
or
corporation
who
offers
29
for
sale,
exposes
for
sale,
sells
at
retail,
or
uses
or
30
explodes
any
display
fireworks,
commits
a
simple
misdemeanor
.
31
In
addition
to
any
other
penalties,
the
punishment
imposed
32
for
a
violation
of
this
section
shall
include
assessment
33
of
,
punishable
by
a
fine
of
not
less
than
two
hundred
fifty
34
dollars.
However,
the
a
city
council
of
a
city
or
a
county
35
-8-
LSB
2088YC
(1)
87
gh/nh
8/
15
H.F.
_____
board
of
supervisors
may,
upon
application
in
writing,
grant
a
1
permit
for
the
display
of
display
fireworks
by
municipalities,
2
fair
associations,
amusement
parks,
and
other
organizations
3
or
groups
of
individuals
approved
by
the
city
or
the
county
4
board
of
supervisors
when
the
display
fireworks
display
will
5
be
handled
by
a
competent
operator,
but
no
such
permit
shall
6
be
required
for
the
display
of
display
fireworks
at
the
Iowa
7
state
fairgrounds
by
the
Iowa
state
fair
board,
at
incorporated
8
county
fairs,
or
at
district
fairs
receiving
state
aid.
Sales
9
of
display
fireworks
for
such
display
may
be
made
for
that
10
purpose
only.
11
b.
(1)
A
person
who
uses
or
explodes
display
fireworks
12
while
the
use
of
such
devices
is
prohibited
or
limited
by
an
13
ordinance
or
resolution
adopted
by
the
county
or
city
in
which
14
the
firework
is
used
commits
a
simple
misdemeanor,
punishable
15
by
a
fine
of
not
less
than
two
hundred
fifty
dollars.
16
(2)
A
person
who
uses
or
explodes
display
fireworks
while
17
the
use
of
such
devices
is
suspended
by
an
order
of
the
state
18
fire
marshal
commits
a
simple
misdemeanor,
punishable
by
a
fine
19
of
not
less
than
two
hundred
fifty
dollars.
20
3.
Consumer
fireworks
and
novelties.
21
a.
A
person
or
a
firm,
partnership,
or
corporation
may
22
possess,
use,
or
explode
consumer
fireworks
in
accordance
with
23
this
subsection
and
subsection
4.
24
b.
A
person,
firm,
partnership,
or
corporation
who
sells
25
consumer
fireworks
to
a
person
who
is
less
than
eighteen
years
26
of
age
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
27
not
less
than
two
hundred
fifty
dollars.
A
person
who
is
less
28
than
eighteen
years
of
age
who
purchases
consumer
fireworks
29
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
not
less
30
than
two
hundred
fifty
dollars.
31
c.
(1)
A
person
who
uses
or
explodes
consumer
fireworks
32
or
novelties
while
the
use
of
such
devices
is
prohibited
or
33
limited
by
an
ordinance
adopted
by
the
county
or
city
in
which
34
the
fireworks
are
used
commits
a
simple
misdemeanor,
punishable
35
-9-
LSB
2088YC
(1)
87
gh/nh
9/
15
H.F.
_____
by
a
fine
of
not
less
than
two
hundred
fifty
dollars.
1
(2)
A
person
who
uses
or
explodes
consumer
fireworks
or
2
novelties
while
the
use
of
such
devices
is
suspended
by
an
3
order
of
the
state
fire
marshal
commits
a
simple
misdemeanor,
4
punishable
by
a
fine
of
not
less
than
two
hundred
fifty
5
dollars.
6
4.
Limitations.
7
a.
A
person
shall
not
use
or
explode
consumer
fireworks
on
8
days
other
than
June
1
through
July
8
and
December
10
through
9
January
3
of
each
year,
all
dates
inclusive.
10
b.
A
person
shall
not
use
or
explode
consumer
fireworks
at
11
times
other
than
between
the
hours
of
9:00
a.m.
and
10:00
p.m.,
12
except
that
on
the
following
dates
consumer
fireworks
shall
not
13
be
used
at
times
other
than
between
the
hours
specified:
14
(1)
Between
the
hours
of
9:00
a.m.
and
11:00
p.m.
on
July
15
4
and
the
Saturdays
and
Sundays
immediately
preceding
and
16
following
July
4.
17
(2)
Between
the
hours
of
9:00
a.m.
on
December
31
and
12:30
18
a.m.
on
the
immediately
following
day.
19
(3)
Between
the
hours
of
9:00
a.m.
and
11:00
p.m.
on
the
20
Saturdays
and
Sundays
immediately
preceding
and
following
21
December
31.
22
c.
A
person
shall
not
use
consumer
fireworks
on
real
23
property
other
than
that
person’s
real
property
or
on
the
real
24
property
of
a
person
who
has
consented
to
the
use
of
consumer
25
fireworks
on
that
property.
26
d.
A
person
who
violates
this
subsection
commits
a
simple
27
misdemeanor.
A
court
shall
not
order
imprisonment
for
28
violation
of
this
subsection.
29
3.
5.
Applicability.
30
a.
This
section
does
not
prohibit
the
sale
by
a
resident,
31
dealer,
manufacturer,
or
jobber
of
such
fireworks
as
are
32
not
prohibited
by
this
section
,
or
the
sale
of
any
kind
of
33
fireworks
if
they
are
to
be
shipped
out
of
the
state,
or
the
34
sale
or
use
of
blank
cartridges
for
a
show
or
the
theater,
35
-10-
LSB
2088YC
(1)
87
gh/nh
10/
15
H.F.
_____
or
for
signal
purposes
in
athletic
sports
or
by
railroads
1
or
trucks,
for
signal
purposes,
or
by
a
recognized
military
2
organization.
3
b.
This
section
does
not
apply
to
any
substance
or
4
composition
prepared
and
sold
for
medicinal
or
fumigation
5
purposes.
6
c.
Unless
specifically
provided
otherwise,
this
section
does
7
not
apply
to
novelties.
8
DIVISION
II
9
RULEMAKING
10
Sec.
11.
EMERGENCY
RULES.
The
state
fire
marshal
shall
11
adopt
emergency
rules
under
section
17A.4,
subsection
3,
and
12
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
13
the
provisions
of
this
Act
and
the
rules
shall
be
effective
14
immediately
upon
filing
unless
a
later
date
is
specified
in
the
15
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
16
also
be
published
as
a
notice
of
intended
action
as
provided
17
in
section
17A.4.
18
DIVISION
III
19
EFFECTIVE
DATE
20
Sec.
12.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
21
of
immediate
importance,
takes
effect
upon
enactment.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
regulation
of
fireworks.
26
The
bill
provides
that
the
state
fire
marshal
has
the
duty
to
27
enforce
all
laws,
and
rules
of
the
department
of
public
safety
28
concerned
with
the
storage,
transportation,
handling,
and
use
29
of
fireworks.
30
Current
law
provides
that
a
person,
firm,
partnership,
or
31
corporation
who
offers
for
sale,
exposes
for
sale,
sells
at
32
retail,
or
uses
or
explodes
any
fireworks,
commits
a
simple
33
misdemeanor.
Current
law,
however,
also
provides
that
a
county
34
board
of
supervisors
or
the
department
of
natural
resources
may
35
-11-
LSB
2088YC
(1)
87
gh/nh
11/
15
H.F.
_____
grant
a
permit
for
the
display
of
fireworks
if
the
fireworks
1
display
will
be
handled
by
a
competent
operator.
Current
2
law
further
provides
that
the
term
“fireworks”
includes
any
3
explosive
composition,
or
combination
of
explosive
substances,
4
or
article
prepared
for
the
purpose
of
producing
a
visible
5
or
audible
effect
by
combustion,
explosion,
deflagration,
6
or
detonation,
including
blank
cartridges,
firecrackers,
7
torpedoes,
skyrockets,
roman
candles,
or
other
fireworks
of
8
like
construction
and
fireworks
containing
any
explosive
or
9
flammable
compound,
or
other
device
containing
any
explosive
10
substance
with
limited
exceptions.
11
The
bill
maintains
these
restrictions
for
display
fireworks
12
and
provides
that
the
term
“display
fireworks”
shall
not
13
include
novelties
or
consumer
fireworks.
The
bill
provides
14
definitions
for
the
terms
“novelties”
and
“consumer
fireworks”.
15
The
bill
requires
that
the
state
fire
marshal
establish
16
a
consumer
fireworks
seller
license,
and
requires
possession
17
of
such
a
license
to
legally
sell
consumer
fireworks
in
this
18
state.
The
state
fire
marshal
is
required
to
establish
a
fee
19
schedule
for
consumer
fireworks
seller
licenses.
The
bill
20
establishes
two
classes
of
consumer
fireworks
and
requires
21
a
$1,000
annual
licensing
fee
for
a
retailer
at
a
permanent
22
building
who
devotes
50
percent
or
more
of
the
retailer’s
23
retail
floor
space
to
the
sale
or
display
of
first-class
24
consumer
fireworks,
and
a
$500
annual
licensing
fee
for
a
25
retailer
at
a
temporary
structure
who
devotes
50
percent
or
26
more
the
retailer’s
retail
floor
space
to
the
sale
or
display
27
of
first-class
consumer
fireworks.
Retailers
who
devote
less
28
than
50
percent
of
the
retailer’s
retail
floor
space
to
the
29
sale
or
display
of
first-class
consumer
fireworks
are
required
30
to
pay
an
annual
licensing
fee
of
$400.
A
community
group
31
that
sells
first-class
consumer
fireworks
is
required
to
pay
32
an
annual
licensing
fee
of
$400.
The
bill
requires
an
annual
33
licensing
fee
of
$100
for
retailers
or
community
groups
that
34
sell
only
second-class
consumer
fireworks.
35
-12-
LSB
2088YC
(1)
87
gh/nh
12/
15
H.F.
_____
The
bill
requires
that
the
state
fire
marshal
adopt
rules
1
to
require
that
licensed
retailers
and
community
groups
only
2
offer
consumer
fireworks
for
sale
in
accordance
with
specified
3
industry
standards.
The
bill
also
requires
that
retailers
4
and
community
groups
provide
proof
of
and
maintain
commercial
5
general
liability
insurance
with
specified
coverage
amounts.
6
Under
the
bill,
the
state
fire
marshal
is
required
to
adopt
7
rules
to
permit
licensed
retailers
and
community
groups
to
sell
8
consumer
fireworks
at
conforming
permanent
buildings
between
9
June
1
and
July
8
and
between
December
10
and
January
3
each
10
year
and
at
conforming
temporary
structures
from
June
13
to
11
July
8
each
year.
12
The
bill
also
provides
for
the
revocation
of
a
consumer
13
fireworks
seller
license
for
the
intentional
violation
of
14
licensing
requirements.
The
bill
establishes
procedures
15
for
the
revocation
of
such
licenses
and
procedures
for
16
review
for
such
revocations.
The
bill
also
establishes
a
17
consumer
fireworks
fee
fund
under
the
control
of
the
state
18
fire
marshal.
The
fund
shall
consist
of
the
fees
collected
19
for
the
licensing
of
retailers
and
community
groups
and
the
20
registration
of
wholesalers.
The
fund
is
required
to
be
used
21
for
administration
and
enforcement
of
the
state
fire
marshal’s
22
consumer
fireworks
related
duties
and
to
provide
grants
to
23
local
fire
protection
and
emergency
medical
service
providers.
24
The
bill
requires
that
the
state
fire
marshal
adopt
rules
25
to
require
that
wholesalers
of
consumer
fireworks
annually
26
register
with
the
state
fire
marshal
and
allows
the
state
fire
27
marshal
to
adopt
rules
related
to
wholesaler
insurance
and
the
28
storage
and
transfer
of
consumer
fireworks
by
wholesalers.
The
29
state
fire
marshal
is
also
required
to
establish
an
annual
30
$1,000
wholesaler
registration
fee
to
be
deposited
in
the
31
consumer
fireworks
fee
fund.
32
Under
the
bill,
a
violation
of
a
licensing
or
registration
33
provision
established
in
Code
or
by
rule
is
considered
a
simple
34
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
35
-13-
LSB
2088YC
(1)
87
gh/nh
13/
15
H.F.
_____
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
1
than
$625,
or
by
both.
2
The
bill
provides
that
a
person
or
a
firm,
partnership,
or
3
corporation
may
possess
consumer
fireworks
as
provided
in
the
4
bill.
The
bill
provides
that
a
person,
firm,
partnership,
or
5
corporation
who
sells
any
consumer
firework
to
a
person
who
6
is
less
than
18
years
of
age
commits
a
simple
misdemeanor.
7
A
person
who
is
less
than
18
years
of
age
who
purchases
any
8
consumer
fireworks
commits
a
simple
misdemeanor.
A
simple
9
misdemeanor
is
generally
punishable
by
confinement
for
no
more
10
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
11
by
both,
but
the
bill
provides
for
a
fine
of
at
least
$250.
12
The
bill
provides
that
the
state
fire
marshal
may
order
the
13
suspension
of
the
use
of
consumer
fireworks,
display
fireworks,
14
or
novelties
if
the
fire
marshal
determines
that
the
use
of
15
such
devices
would
constitute
a
threat
to
public
safety.
The
16
bill
provides
that
a
person
who
violates
such
an
order
by
the
17
fire
marshal
commits
a
simple
misdemeanor,
punishable
by
a
fine
18
of
at
least
$250.
19
The
bill
provides
that
a
county
board
of
supervisors
may
20
adopt
an
ordinance
or
resolution
to
prohibit
or
limit
the
21
use
of
consumer
fireworks
or
display
fireworks
if
the
use
of
22
such
devices
would
constitute
a
threat
to
public
safety
or
23
a
nuisance.
The
bill
also
provides
that
a
city
council
may
24
adopt
an
ordinance
or
resolution
to
prohibit
or
limit
the
use
25
of
consumer
fireworks,
display
fireworks,
or
novelties
if
the
26
use
of
such
devices
would
constitute
a
threat
to
public
safety
27
or
a
nuisance
to
landowners.
The
bill
provides
that
a
person
28
who
uses
fireworks
when
the
use
is
prohibited
or
limited
by
an
29
ordinance
in
the
city
or
county
in
which
the
devices
are
used
30
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
at
least
31
$250.
32
The
bill
also
provides
certain
restrictions
on
the
use
or
33
explosion
of
consumer
fireworks.
The
bill
prohibits
the
use
34
or
explosion
of
consumer
fireworks
on
days
other
than
June
35
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H.F.
_____
1
through
July
8
and
December
10
through
January
3
of
each
1
year.
The
bill
prohibits
the
use
or
explosion
of
consumer
2
fireworks
at
a
time
other
than
between
the
hours
of
9:00
a.m.
3
and
10:00
p.m.
of
those
days,
except
as
specified
in
the
4
bill.
The
bill
further
prohibits
the
use
of
fireworks
by
a
5
person
on
the
real
property
of
another
person
unless
the
owner
6
of
the
real
property
has
consented
to
such
use.
Under
the
7
bill,
a
violation
of
these
restrictions
is
considered
a
simple
8
misdemeanor,
provided,
however,
that
a
court
shall
not
order
9
imprisonment
for
such
a
violation.
10
The
bill
requires
the
state
fire
marshal
to
adopt
emergency
11
rules
to
implement
the
provisions
of
the
bill,
which
shall
be
12
effective
immediately
upon
filing.
13
The
bill
takes
effect
upon
enactment.
14
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2088YC
(1)
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15/
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