House File 2473 S-5200 Amend the amendment, S-5196, to House File 2473, 1 as amended, passed, and reprinted by the House, as 2 follows: 3 1. Page 28, after line 38 by inserting: 4 < DIVISION ___ 5 FIREWORKS 6 Sec. ___. Section 100.1, Code 2014, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION . 8. To order the suspension of 9 the use of consumer fireworks, display fireworks, or 10 novelties, as described in section 727.2, if the fire 11 marshal determines that the use of such devices would 12 constitute a threat to public safety. 13 Sec. ___. Section 101A.1, subsection 3, Code 2014, 14 is amended to read as follows: 15 3. “Explosive” means any chemical compound, mixture 16 or device, the primary or common purpose of which is to 17 function by explosion with substantially instantaneous 18 release of gas and heat, unless such compound, mixture, 19 or device is otherwise specifically classified by 20 the United States department of transportation. The 21 term “explosive” includes all materials which are 22 classified as a class 1, division 1.1, 1.2, 1.3, 23 or 1.4 explosive by the United States department of 24 transportation, under 49 C.F.R. § 173.50, and all 25 materials classified as explosive materials under 18 26 U.S.C. § 841, and includes, but is not limited to, 27 dynamite, black powder, pellet powders, initiating 28 explosives, blasting caps, electric blasting caps, 29 safety fuse, fuse lighters, fuse igniters, squibs, 30 cordeau detonative fuse, instantaneous fuse, igniter 31 cord, igniters, smokeless propellant, cartridges for 32 propellant-actuated power devices, cartridges for 33 industrial guns, and overpressure devices, but does not 34 include “fireworks” as “consumer fireworks” , “display 35 fireworks” , or “novelties” as those terms are defined 36 in section 727.2 or ammunition or small arms primers 37 manufactured for use in shotguns, rifles, and pistols. 38 Commercial explosives are those explosives which 39 are intended to be used in commercial or industrial 40 operations. 41 Sec. ___. Section 331.301, Code 2014, is amended by 42 adding the following new subsection: 43 NEW SUBSECTION . 17. The board of supervisors may 44 by resolution suspend the use of consumer fireworks, 45 display fireworks, or novelties, as described in 46 section 727.2, if the board determines that the use 47 of such devices would constitute a threat to public 48 safety. 49 Sec. ___. Section 331.304, subsection 9, Code 2014, 50 -1- S5196.4474 (2) 85 tm/jp 1/ 4 #1.

is amended to read as follows: 1 9. The board, upon application, may grant permits 2 for the display use of display fireworks as provided 3 in section 727.2 . 4 Sec. ___. Section 364.2, Code 2014, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION . 6. A city council may by 7 resolution suspend the use of consumer fireworks, 8 display fireworks, or novelties, as described in 9 section 727.2, if the city council determines that the 10 use of such devices would constitute a threat to public 11 safety. 12 Sec. ___. Section 461A.42, subsection 2, Code 2014, 13 is amended to read as follows: 14 2. The use of consumer fireworks, display 15 fireworks, and novelties, as defined in section 727.2 , 16 in state parks and preserves is prohibited except as 17 authorized by a permit issued by the department. The 18 commission shall establish, by rule adopted pursuant 19 to chapter 17A , a fireworks permit system which 20 authorizes the issuance of a limited number of permits 21 to qualified persons to use or display fireworks in 22 selected state parks and preserves. 23 Sec. ___. Section 727.2, Code 2014, is amended to 24 read as follows: 25 727.2 Fireworks. 26 1. For purposes of this section: 27 a. “Consumer fireworks” includes all consumer 28 fireworks enumerated in chapter 3 of the American 29 pyrotechnics association’s standard 87-1, and that 30 comply with the labeling regulations promulgated by the 31 United States consumer product safety commission. 32 b. The term “fireworks” “Display fireworks” includes 33 any explosive composition, or combination of explosive 34 substances, or article prepared for the purpose of 35 producing a visible or audible effect by combustion, 36 explosion, deflagration, or detonation, and includes 37 blank cartridges, firecrackers, torpedoes, skyrockets, 38 roman candles, or other fireworks of like construction 39 and fireworks containing any explosive or flammable 40 compound, or other device containing any explosive 41 substance. The term “fireworks” “Display fireworks” 42 does not include goldstar-producing sparklers on wires 43 which contain no magnesium or chlorate or perchlorate, 44 flitter sparklers in paper tubes that do not exceed 45 one-eighth of an inch in diameter, toy snakes which 46 contain no mercury, or caps used in cap pistols 47 novelties or consumer fireworks enumerated in chapter 48 3 of the American pyrotechnics association’s standard 49 87-1 . 50 -2- S5196.4474 (2) 85 tm/jp 2/ 4

c. “Novelties” includes all novelties enumerated in 1 chapter 3 of the American pyrotechnics association’s 2 standard 87-1, and that comply with the labeling 3 regulations promulgated by the United States consumer 4 product safety commission. 5 2. A person, firm, partnership, or corporation who 6 offers for sale, exposes for sale, sells at retail, 7 or uses or explodes any display fireworks, commits 8 a simple misdemeanor . In addition to any other 9 penalties, the punishment imposed for a violation of 10 this section shall include assessment of , punishable 11 by a fine of not less than two hundred fifty dollars. 12 However, the a city council of a city or a county 13 board of supervisors may, upon application in writing, 14 grant a permit for the display of display fireworks by 15 municipalities, fair associations, amusement parks, 16 and other organizations or groups of individuals 17 approved by the city or the county board of supervisors 18 when the display fireworks display will be handled 19 by a competent operator, but no such permit shall be 20 required for the display of display fireworks at the 21 Iowa state fairgrounds by the Iowa state fair board, 22 at incorporated county fairs, or at district fairs 23 receiving state aid. Sales of display fireworks for 24 such display may be made for that purpose only. 25 3. a. A person who uses or explodes display 26 fireworks while the use of such devices is suspended 27 by a resolution adopted by the county or city in which 28 the firework is used commits a simple misdemeanor, 29 punishable by a fine of not less than two hundred fifty 30 dollars. 31 b. A person who uses or explodes display fireworks 32 while the use of such devices is suspended by an order 33 of the state fire marshal commits a simple misdemeanor, 34 punishable by a fine of not less than two hundred fifty 35 dollars. 36 4. a. A person who is at least eighteen years of 37 age or a firm, partnership, or corporation may possess 38 or transfer, offer for sale, expose for sale, or sell 39 at retail to a person who is eighteen years of age or 40 older novelties or consumer fireworks. A person who 41 is eighteen years of age or older may use or explode 42 novelties or consumer fireworks. 43 b. A person, firm, partnership, or corporation who 44 transfers or sells novelties or consumer fireworks to 45 a person who is less than eighteen years of age commits 46 a simple misdemeanor, punishable by a fine of not less 47 than two hundred fifty dollars. A person who is less 48 than eighteen years of age who purchases, possesses, 49 uses, or explodes novelties or consumer fireworks 50 -3- S5196.4474 (2) 85 tm/jp 3/ 4

commits a simple misdemeanor, punishable by a fine of 1 not less than two hundred fifty dollars. 2 c. (1) A person who uses or explodes novelties 3 or consumer fireworks while the use of such devices 4 is suspended by a resolution adopted by the county or 5 city in which the firework is used commits a simple 6 misdemeanor, punishable by a fine of not less than two 7 hundred fifty dollars. 8 (2) A person who uses or explodes novelties or 9 consumer fireworks while the use of such devices is 10 suspended by an order of the state fire marshal commits 11 a simple misdemeanor, punishable by a fine of not less 12 than two hundred fifty dollars. 13 3. 5. a. This section does not prohibit the sale 14 by a resident, dealer, manufacturer, or jobber of such 15 fireworks as are not prohibited by this section , or 16 the sale of any kind of fireworks if they are to be 17 shipped out of the state, or the sale or use of blank 18 cartridges for a show or the theater, or for signal 19 purposes in athletic sports or by railroads or trucks, 20 for signal purposes, or by a recognized military 21 organization. 22 b. This section does not apply to any substance 23 or composition prepared and sold for medicinal or 24 fumigation purposes. 25 c. This section does not apply to 26 goldstar-producing sparklers on wires which contain no 27 magnesium or chlorate or perchlorate, flitter sparklers 28 in paper tubes that do not exceed one-eighth of an inch 29 in diameter, toy snakes which contain no mercury, or 30 caps used in cap pistols. 31 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 32 of this Act, being deemed of immediate importance, 33 takes effect upon enactment. > 34 2. By renumbering as necessary. 35 ______________________________ JAKE CHAPMAN -4- S5196.4474 (2) 85 tm/jp 4/ 4 #2.