SF 508 – Consumer fireworks
COMMITTEE ACTION:
SF 508 allows the possession, sale, transfer, purchase and use of fireworks in Iowa. The Senate did not take action on SF 508 in 2015, and it was re-referred to the Senate State Government Committee at the end of the last legislative session. The House approved similar legislation (HF 614) on May 20, 2015 (53-43). HF 614 was attached to SF 508, and it also was referred to the Senate State Government Committee at the end of the 2015 session.
Highlights include as amended:
- The state fire marshal will establish a consumer fireworks seller license. The state fire marshal is required to adopt rules, establishing minimum requirements for a retailer or community group to be issued a consumer fireworks seller license.
- A person is required to possess a consumer fireworks seller license to sell consumer fireworks.
- The state fire marshal will establish this fee schedule for consumer fireworks seller licenses:
- An annual fee of $800 for any retailer who devotes 50 percent or more of the retail floor space to the sale or display of first-class consumer fireworks.
- An annual fee of $400 for any retailer who devotes less than 50 percent of retailer’s retail floor space to the sale or display of first-class consumer fireworks.
- An annual fee of $400 for any community group that offers for sale, exposes for sale or sells first-class consumer fireworks.
- An annual fee of $100 for any retailer or community group that offers for sale, exposes for sale or sells second-class consumer fireworks, but not first-class consumer fireworks.
- A license issued to a retailer or community group will allow the licensee to sell both first-class consumer and second-class consumer fireworks.
- A new annual fee of $1,000 for fireworks wholesalers.
- The State fire marshal will adopt rules to:
- Require that any retailer or community group selling consumer fireworks at retail, do so in accordance with national fire protection association standard 1124, published in the code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles, 2006 addition.
- Require a licensed retailer or community group to provide proof of and maintain public liability insurance and product liability insurance with a minimum per occurrence coverage of at least $5 million.
- Permit a licensed retailer or community group to sell consumer fireworks at these locations:
- A permanent building that meets the requirements year-round.
- A temporary structure that meets the requirements from June 13 through July 11 each year.
- A retailer or community group will not transfer consumer fireworks to a person under 18.
- The state fire marshal will adopt rules providing that a person’s license may be revoked for the intentional violation of this section. Revocation proceedings are before the state fire marshal. The license holder may seek judicial review. If a petition for judicial review is not filed, revocation begins the 31st day following the date of the state fire marshal’s order. If a petition for judicial review is filed, revocation will be from the 31st day following entry of the order of the district court, if the court action is adverse to the licensee.
- A new license will not be issued to a person whose license has been revoked, or to the business in control of the premises where the violation occurred if it is established that the owner of the business had actual knowledge of the violation resulting in the license revocation, for one year following the date of revocation.
- Establishes a consumer fireworks fund under the control of the fire marshal. The fund retains interest earned. Money from the fund is appropriated to the state fire marshal to fulfill its functions in this act and to provide grants.
- The state fire marshal will establish a local fire protection and emergency medical service providers grant program to provide grants for fireworks safety education programming to the public. The grants may also be for the purchase of necessary enforcement, protection or emergency response equipment related to the sale and use of consumer fireworks in Iowa.
- Violation of a provision in this section is a simple misdemeanor.
- Defines first-class consumer fireworks and second-class consumer fireworks.
- Home rule – County supervisors may authorize (“opt-in”) the use of consumer fireworks or display fireworks by ordinance or resolution. A city council may authorize (“opt-in”) the use of consumer fireworks only if the county in which the city is located within has also authorized the sale of such devices.
- Reasons supervisors may authorize the use of fireworks include if they find that fireworks would not be a threat to public safety or private property, or if the board determines that the use of such devices would not constitute a nuisance to neighboring landowners. The Board may provide permits for the use of display fireworks.
- Public lands and waters – Clarifies that consumer fireworks and display fireworks are prohibited in state parks and preserves, except as authorized by a permit issued by the Department. This does not apply to novelties.
- Display fireworks are defined. Display fireworks do not include novelties or consumer fireworks enumerated in chapter 3 of the American Pyrotechnics Association’s standard 87-1.
- Novelties – Includes all novelties enumerated in chapter 3 of the American Pyrotechnics Association’s standard 87-1, and that comply with federal labeling regulations.
- Allows a city council or a board of supervisors to grant a permit for display fireworks.
- Violation of using fireworks while they are prohibited commits a simple misdemeanor, punishable by a fine of not less than $250.
- A person who sells consumer fireworks while the sale of such devices is not authorized by an ordinance adopted by the county or city commits a simple misdemeanor, punishable by a fine of not less than $250.
- A court may not order imprisonment of a person who has a consumer fireworks violation.
- Consumer fireworks and novelties – A person, firm, partnership or corporation that sells consumer fireworks to someone under 18 commits a simple misdemeanor, punishable by a fine of not less than $250. A person under 18 who purchases consumer fireworks commits a simple misdemeanor, punishable by a fine of not less than $250. A person who explodes consumer fireworks or novelties prohibited by the state fire marshal commits a simple misdemeanor, punishable for a fine of not less than $250.
- Limitations – A person will not use or explode consumer fireworks at times other than between 9 a.m. and 10 p.m., except on the following dates when consumer fireworks will not be used at times other than between 9 a.m. and 12:30 a.m. on the immediately following day:
- Memorial Day and the Saturday and Sunday immediately preceding that day.
- July 4 and the Saturdays and Sundays immediately preceding and following July 4.
- Labor Day and the Saturday and Sunday immediately preceding that day.
- December 31 and the Saturdays and Sundays immediately preceding and following December 31.
- A person will not use consumer fireworks on real property other than their own or that of a person who has consented to the use of consumer fireworks.
- Applicability – This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as are not prohibited by this section, or the sale of any kind of fireworks if they are to be shipped out of Iowa, or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization.
- This section does not apply to any substance of composition prepared and sold for medicinal or fumigation purposes.
- Unless specifically provided otherwise, this section does not apply to novelties.
- Act is effective upon enactment.
- Emergency rule making – Requires the state fire marshal to adopt emergency rules effective immediately upon filing, unless a later date is specified in the rules. Any rules adopted must also be published as a notice of attended action. Rulemaking authority is effective upon enactment.
[2/3: 10-5 (Bowman, Bertrand, Chapman, Courtney, Danielson, Feenstra, Horn, Schoenjahn, Shultz, Whitver voting “yes”; Dearden, Dvorsky, Johnson, McCoy, Petersen voting “no”)]