House File 2254 - Introduced
HOUSE FILE
BY J.R. VAN FOSSEN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the licensure of operators authorized to use
2 and explode fireworks and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5496YH 81
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PAG LIN
1 1 Section 1. Section 461A.42, subsection 2, Code 2005, is
1 2 amended to read as follows:
1 3 2. The use of fireworks, as defined in section 727.2, in
1 4 state parks and preserves is prohibited except as authorized
1 5 by a permit issued by the department. The commission shall
1 6 establish, by rule adopted pursuant to chapter 17A, a
1 7 fireworks permit system which authorizes the issuance of a
1 8 limited number of permits to qualified persons with a
1 9 fireworks operator license issued pursuant to section 727.2A
1 10 to use or display fireworks in selected state parks and
1 11 preserves. A person violating this subsection is guilty of a
1 12 simple misdemeanor. In addition to any other penalties, the
1 13 punishment imposed for a violation of this subsection shall
1 14 include assessment of a fine of not less than two hundred
1 15 fifty dollars. The court shall order restitution if any
1 16 damages were caused by the violation which may include, but is
1 17 not limited to, community service.
1 18 Sec. 2. Section 727.2, unnumbered paragraph 2, Code 2005,
1 19 is amended to read as follows:
1 20 A person, firm, copartnership, or corporation who offers
1 21 for sale, exposes for sale, sells at retail, or uses or
1 22 explodes any fireworks, commits a simple misdemeanor. In
1 23 addition to any other penalties, the punishment imposed for a
1 24 violation of this section shall include assessment of a fine
1 25 of not less than two hundred fifty dollars. However, the
1 26 council of a city or a county board of supervisors may, upon
1 27 application in writing, grant a permit for the display of
1 28 fireworks by municipalities, fair associations, amusement
1 29 parks, and other organizations or groups of individuals
1 30 approved by the city or the county board of supervisors when
1 31 the fireworks display will be handled by a competent operator,
1 32 but no such with a fireworks operator license issued pursuant
1 33 to section 727.2A. A permit shall not be required for the
1 34 display of fireworks at the Iowa state fairgrounds by the Iowa
1 35 state fair board, at incorporated county fairs, or at district
2 1 fairs receiving state aid except that the display of fireworks
2 2 shall be handled by an operator with a fireworks operator
2 3 license issued pursuant to section 727.2A. Sales of fireworks
2 4 for such display may be made for that purpose only.
2 5 Sec. 3. NEW SECTION. 727.2A FIREWORKS OPERATOR LICENSE
2 6 == HOW ISSUED.
2 7 1. The state fire marshal shall issue fireworks operator
2 8 licenses to persons who, in the state fire marshal's
2 9 discretion, are of good character and sound judgment and have
2 10 sufficient knowledge and training of the use and handling of
2 11 fireworks to protect the public safety. The license shall
2 12 authorize the holder to use or explode any fireworks subject
2 13 to the requirements of section 727.2. Licenses shall be
2 14 issued for a period of one year, but may be issued for shorter
2 15 periods, and may be revoked or suspended by the state fire
2 16 marshal for any of the following reasons:
2 17 a. Falsification of information submitted in the
2 18 application for a license.
2 19 b. Proof that the licensee has violated any provision of
2 20 this section or section 727.2 or any rule prescribed by the
2 21 state fire marshal pursuant to this section.
2 22 2. Licenses shall be issued by the state fire marshal upon
2 23 payment of a fee of sixty dollars, valid for a period of one
2 24 calendar year commencing on January 1 and terminating on
2 25 December 31. However, an initial license may be issued during
2 26 any calendar year for the number of months remaining in such
2 27 calendar year, computed to the first day of the month when the
2 28 application for the license is approved. The license fee
2 29 shall be charged on a pro rata basis for the number of months
2 30 remaining in the year of issue. Applications for renewal of
2 31 licenses shall be submitted within thirty days prior to the
2 32 license expiration date and shall be accompanied by payment of
2 33 the prescribed annual fee.
2 34 3. Judicial review of the action of the state fire marshal
2 35 may be sought in accordance with the terms of the Iowa
3 1 administrative procedure Act, chapter 17A.
3 2 4. The fees collected by the state fire marshal in issuing
3 3 licenses under this section shall be deposited in the state
3 4 general fund.
3 5 EXPLANATION
3 6 This bill establishes a fireworks operator license to be
3 7 issued by the state fire marshal which authorizes the holder
3 8 to use or detonate fireworks as authorized by law. The bill
3 9 provides that the state fire marshal shall issue an operator
3 10 license only to persons who are of good character and sound
3 11 judgment who have sufficient knowledge and training of the use
3 12 and handling of fireworks to protect the public safety. The
3 13 bill provides for an annual fee of $60 for the license which
3 14 shall be deposited in the general fund of the state. The bill
3 15 also provides for the revocation or suspension of a license
3 16 under certain circumstances.
3 17 The bill provides that entities otherwise authorized to
3 18 allow the display of fireworks shall only permit the display
3 19 to be conducted by a person with a fireworks operator license.
3 20 Code section 461A.42, which permits the use of fireworks in
3 21 state parks and preserves under certain circumstances, is
3 22 amended to provide that any person authorized to use and
3 23 explode fireworks shall have a fireworks operator license.
3 24 Code section 727.2, which authorizes fireworks displays for
3 25 fairs or if allowed by the applicable city or county, is also
3 26 amended to provide that any person authorized to use and
3 27 explode fireworks shall have a fireworks operator license. A
3 28 violation of this section concerning fireworks is a simple
3 29 misdemeanor and subjects the violator to a fine of not less
3 30 than $250.
3 31 LSB 5496YH 81
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