Senate File 318 - Introduced
SENATE FILE
BY MULDER and DOTZLER
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act legalizing the sale and use of fireworks, providing for
2 exceptions and limitations on sales and use, and providing
3 penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2883SS 81
6 ec/gg/14
PAG LIN
1 1 Section 1. Section 232.2, subsection 12, paragraph c, Code
1 2 2005, is amended to read as follows:
1 3 c. The violation of section 123.47, 727.2F, 727.2G, or
1 4 727.2H which is committed by a child.
1 5 Sec. 2. Section 727.2, Code 2005, is amended to read as
1 6 follows:
1 7 727.2 FIREWORKS.
1 8 1. The term "fireworks" includes any explosive
1 9 composition, or combination of explosive substances, or
1 10 article prepared for the purpose of producing a visible or
1 11 audible effect by combustion, explosion, deflagration, or
1 12 detonation, and includes blank cartridges, firecrackers,
1 13 torpedoes, skyrockets, roman candles, or other fireworks of
1 14 like construction and fireworks containing any explosive or
1 15 flammable compound, or other device containing any explosive
1 16 substance or other device containing an explosive substance.
1 17 The term "fireworks" does not include goldstar=producing
1 18 sparklers on wires which contain no magnesium or chlorate or
1 19 perchlorate, flitter sparklers in paper tubes that do not
1 20 exceed one=eighth of an inch in diameter, toy snakes which
1 21 contain no mercury, or caps used in cap pistols.
1 22 2. A person may use, or a licensed firm, copartnership, or
1 23 corporation who offers, or any other business entity
1 24 authorized by law may offer for sale, exposes for sale, sells
1 25 at retail, or uses or explodes any fireworks, commits a simple
1 26 misdemeanor permissible under sections 727.2A and 727.2B. In
1 27 addition to any other penalties, the punishment imposed for a
1 28 violation of this section shall include assessment of a fine
1 29 of not less than two hundred fifty dollars. However, the
1 30 3. The council of a city or a county board of supervisors
1 31 may, upon application in writing, grant a permit for the
1 32 display of fireworks not permissible under section 727.2A by
1 33 municipalities, fair associations, amusement parks, and other
1 34 organizations or groups of individuals approved by the city or
1 35 the county board of supervisors when the fireworks display
2 1 will be handled by a competent operator, but no such permit
2 2 shall be required for the display of fireworks at the Iowa
2 3 state fairgrounds by the Iowa state fair board, at
2 4 incorporated county fairs, or at district fairs receiving
2 5 state aid. Sales of fireworks for such display may be made
2 6 for that purpose only.
2 7 This section does not prohibit the sale by a resident,
2 8 dealer, manufacturer, or jobber of such fireworks as are not
2 9 prohibited by this section, or the sale of any kind of
2 10 fireworks if they are to be shipped out of the state, or the
2 11 sale or use of blank cartridges for a show or the theater, or
2 12 for signal purposes in athletic sports or by railroads or
2 13 trucks, for signal purposes, or by a recognized military
2 14 organization.
2 15 This section does not apply to any substance or composition
2 16 prepared and sold for medicinal or fumigation purposes.
2 17 Sec. 3. NEW SECTION. 727.2A PERMISSIBLE FIREWORKS.
2 18 Permissible fireworks are the consumer fireworks enumerated
2 19 in chapter 3 of the American pyrotechnics association inc.,
2 20 standard 87=1, and that comply with the labeling regulations
2 21 promulgated by the United States consumer product safety
2 22 commission.
2 23 Sec. 4. NEW SECTION. 727.2B EXAMINATION OF FIREWORKS.
2 24 If consumer fireworks are not permissible under section
2 25 727.2A, the proposed seller must submit the fireworks to the
2 26 state fire marshal for examination and approval prior to the
2 27 sale of such fireworks. A person who violates this section
2 28 commits a serious misdemeanor.
2 29 Sec. 5. NEW SECTION. 727.2C RESTRICTIONS ON IMPORTATION
2 30 OF FIREWORKS.
2 31 A person who is not a licensed wholesaler or retailer shall
2 32 not bring fireworks into this state. A person who violates
2 33 this section commits a serious misdemeanor.
2 34 Sec. 6. NEW SECTION. 727.2D RETAIL SALES PERMITTED.
2 35 The retail sale of fireworks shall not take place before
3 1 June 27 and after July 5 of any year. A person who violates
3 2 this section commits a serious misdemeanor.
3 3 Sec. 7. NEW SECTION. 727.2E SALES PERMITS.
3 4 1. The state fire marshal shall issue permits for the sale
3 5 of fireworks. No permit shall be issued to a person under
3 6 eighteen years of age.
3 7 2. All permits shall be for the calendar year or any
3 8 fraction thereof and shall expire on the thirty=first day of
3 9 December of each year.
3 10 3. Permits shall be conspicuously displayed in the permit
3 11 holder's place of business along with a large sign that states
3 12 the law concerning the sale, use, and possession of fireworks
3 13 in this state.
3 14 4. A permit holder shall include a printed copy of the
3 15 law concerning the sale, use, and possession of fireworks in
3 16 this state with each purchase of fireworks.
3 17 5. The state fire marshal shall adopt rules in accordance
3 18 with chapter 17A to regulate the sale and use of fireworks.
3 19 Sec. 8. NEW SECTION. 727.2F SALE TO A MINOR.
3 20 1. A person shall not sell fireworks to any person under
3 21 twelve years of age.
3 22 2. A person shall not sell fireworks to any person under
3 23 eighteen years of age unless that person is in the presence of
3 24 a parent or guardian.
3 25 3. A person under eighteen years of age shall not
3 26 purchase, or attempt to purchase, fireworks in violation of
3 27 this section.
3 28 4. A person who violates this section commits a serious
3 29 misdemeanor.
3 30 Sec. 9. NEW SECTION. 727.2G USE BY A MINOR.
3 31 1. A person shall not permit any person under eight years
3 32 of age to possess or use fireworks.
3 33 2. A person shall not permit any person under twelve years
3 34 of age to possess or use fireworks except when that person is
3 35 in the presence of a parent or guardian.
4 1 3. A person who violates this section commits a serious
4 2 misdemeanor.
4 3 Sec. 10. NEW SECTION. 727.2H USE OF FIREWORKS ==
4 4 RESTRICTIONS.
4 5 1. A person shall not ignite or discharge fireworks within
4 6 six hundred feet of any church, hospital, mental health
4 7 facility, school, or within one hundred feet of a structure
4 8 where fireworks are stored, sold, or offered for sale.
4 9 2. A person shall not ignite or discharge any permissible
4 10 articles of fireworks within or throw the same from a motor
4 11 vehicle, boat, or structure.
4 12 3. A person shall not throw or place any ignited article
4 13 of fireworks into or at a motor vehicle, boat, or structure,
4 14 or at or near any person or group of people or at or near any
4 15 animal.
4 16 4. A person shall not ignite or discharge fireworks within
4 17 three hundred feet of any gasoline pump, gasoline filling
4 18 station or any nonpermanent structure where fireworks are
4 19 stored, sold, or offered for sale.
4 20 5. A violation of this section is punishable under chapter
4 21 712.
4 22 EXPLANATION
4 23 This bill legalizes the sale and use of fireworks under
4 24 certain circumstances. Under current law, only sparklers, toy
4 25 snakes, and toy caps used in a cap gun may legally be sold to
4 26 be used by members of the general public. The bill legalizes
4 27 the sale to and use by the general public of those consumer
4 28 fireworks that are enumerated in a document produced by the
4 29 American pyrotechnic association and that comply with certain
4 30 federal labeling regulations. Other fireworks may be sold if
4 31 they are first submitted and approved by the state fire
4 32 marshal.
4 33 The bill prohibits the sale of fireworks to a minor under
4 34 the age of 12 and provides that a minor aged 12 to 17 must be
4 35 in the presence of a parent or guardian to purchase fireworks.
5 1 If a person sells fireworks to a minor in violation of these
5 2 provisions, or a minor purchases or attempts to purchase
5 3 fireworks in violation of these provisions, the person commits
5 4 a serious misdemeanor. The offense by a person under 18 years
5 5 of age is specifically included within the definition of
5 6 offenses which constitute a delinquent act under the juvenile
5 7 justice code.
5 8 The bill prohibits the use or possession of fireworks by a
5 9 minor under eight years of age. The bill also prohibits the
5 10 use or possession of fireworks by a minor 12 to 17 years of
5 11 age unless that minor is in the presence of a parent or
5 12 guardian. A person who violates these provisions commits a
5 13 serious misdemeanor and the offense is included as a
5 14 delinquent act under the juvenile justice code.
5 15 The bill also prohibits the use of fireworks near a church,
5 16 hospital, mental health facility, school, where fireworks are
5 17 stored or sold, or near a gasoline pump or gasoline filling
5 18 station. The bill also prohibits the discharge of fireworks
5 19 within or thrown from or thrown at a motor vehicle, boat, or
5 20 structure or at or near any person or animal. A violation of
5 21 these provisions is punishable pursuant to Code chapter 712,
5 22 which deals with arson.
5 23 The bill restricts the sale of fireworks to the period
5 24 between June 27 and July 5 of any year.
5 25 The bill provides that the state fire marshal shall issue
5 26 permits for the sale of fireworks and adopt rules to
5 27 administer the sale and use of fireworks. Also, the permits
5 28 must be conspicuously displayed in the permit holder's place
5 29 of business along with a sign that states the law concerning
5 30 the use, sale, and possession of fireworks in this state. A
5 31 copy of the law must also be included by the permit holder
5 32 with each fireworks purchase.
5 33 The bill does not restrict the sale of signals, flares, or
5 34 blank cartridges, or apply to the military, national guard, or
5 35 to law enforcement officers.
6 1 LSB 2883SS 81
6 2 ec:nh/gg/14