S.F. 2294 Section 1. Section 100.1, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8. To order the suspension of the use 3 of consumer fireworks, display fireworks, or novelties, as 4 described in section 727.2, if the fire marshal determines that 5 the use of such devices would constitute a threat to public 6 safety. 7 Sec. 2. Section 101A.1, subsection 3, Code 2014, is amended 8 to read as follows: 9 3. “Explosive” means any chemical compound, mixture 10 or device, the primary or common purpose of which is to 11 function by explosion with substantially instantaneous 12 release of gas and heat, unless such compound, mixture, or 13 device is otherwise specifically classified by the United 14 States department of transportation. The term “explosive” 15 includes all materials which are classified as a class 1, 16 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 17 department of transportation, under 49 C.F.R. § 173.50, and 18 all materials classified as explosive materials under 18 19 U.S.C. § 841, and includes, but is not limited to, dynamite, 20 black powder, pellet powders, initiating explosives, blasting 21 caps, electric blasting caps, safety fuse, fuse lighters, fuse 22 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 23 igniter cord, igniters, smokeless propellant, cartridges for 24 propellant-actuated power devices, cartridges for industrial 25 guns, and overpressure devices, but does not include “fireworks” 26 as “consumer fireworks” , “display fireworks” , or “novelties” as 27 those terms are defined in section 727.2 or ammunition or small 28 arms primers manufactured for use in shotguns, rifles, and 29 pistols. Commercial explosives are those explosives which are 30 intended to be used in commercial or industrial operations. 31 Sec. 3. Section 331.301, Code 2014, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 17. The board of supervisors may by 34 resolution suspend the use of consumer fireworks, display 35 -1- LSB 5491SV (1) 85 aw/nh 1/ 7

S.F. 2294 fireworks, or novelties, as described in section 727.2, if the 1 board determines that the use of such devices would constitute 2 a threat to public safety. 3 Sec. 4. Section 331.304, subsection 9, Code 2014, is amended 4 to read as follows: 5 9. The board, upon application, may grant permits for the 6 display use of display fireworks as provided in section 727.2 . 7 Sec. 5. Section 364.2, Code 2014, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 6. A city council may by resolution suspend 10 the use of consumer fireworks, display fireworks, or novelties, 11 as described in section 727.2, if the city council determines 12 that the use of such devices would constitute a threat to 13 public safety. 14 Sec. 6. Section 461A.42, subsection 2, Code 2014, is amended 15 to read as follows: 16 2. The use of consumer fireworks, display fireworks, and 17 novelties, as defined in section 727.2 , in state parks and 18 preserves is prohibited except as authorized by a permit issued 19 by the department. The commission shall establish, by rule 20 adopted pursuant to chapter 17A , a fireworks permit system 21 which authorizes the issuance of a limited number of permits to 22 qualified persons to use or display fireworks in selected state 23 parks and preserves. 24 Sec. 7. Section 727.2, Code 2014, is amended to read as 25 follows: 26 727.2 Fireworks. 27 1. For purposes of this section: 28 a. “Consumer fireworks” includes all consumer fireworks 29 enumerated in chapter 3 of the American pyrotechnics 30 association’s standard 87-1, and that comply with the labeling 31 regulations promulgated by the United States consumer product 32 safety commission. 33 b. The term “fireworks” “Display fireworks” includes any 34 explosive composition, or combination of explosive substances, 35 -2- LSB 5491SV (1) 85 aw/nh 2/ 7

S.F. 2294 or article prepared for the purpose of producing a visible 1 or audible effect by combustion, explosion, deflagration, 2 or detonation, and includes blank cartridges, firecrackers, 3 torpedoes, skyrockets, roman candles, or other fireworks of 4 like construction and fireworks containing any explosive or 5 flammable compound, or other device containing any explosive 6 substance. The term “fireworks” “Display fireworks” does not 7 include goldstar-producing sparklers on wires which contain 8 no magnesium or chlorate or perchlorate, flitter sparklers 9 in paper tubes that do not exceed one-eighth of an inch in 10 diameter, toy snakes which contain no mercury, or caps used 11 in cap pistols novelties or consumer fireworks enumerated in 12 chapter 3 of the American pyrotechnics association’s standard 13 87-1 . 14 c. “Novelties” includes all novelties enumerated in chapter 15 3 of the American pyrotechnics association’s standard 87-1, and 16 that comply with the labeling regulations promulgated by the 17 United States consumer product safety commission. 18 2. A person, firm, partnership, or corporation who offers 19 for sale, exposes for sale, sells at retail, or uses or 20 explodes any display fireworks, commits a simple misdemeanor . 21 In addition to any other penalties, the punishment imposed 22 for a violation of this section shall include assessment 23 of , punishable by a fine of not less than two hundred fifty 24 dollars. However, the a city council of a city or a county 25 board of supervisors may, upon application in writing, grant a 26 permit for the display of display fireworks by municipalities, 27 fair associations, amusement parks, and other organizations 28 or groups of individuals approved by the city or the county 29 board of supervisors when the display fireworks display will 30 be handled by a competent operator, but no such permit shall 31 be required for the display of display fireworks at the Iowa 32 state fairgrounds by the Iowa state fair board, at incorporated 33 county fairs, or at district fairs receiving state aid. Sales 34 of display fireworks for such display may be made for that 35 -3- LSB 5491SV (1) 85 aw/nh 3/ 7

S.F. 2294 purpose only. 1 3. a. A person who uses or explodes display fireworks while 2 the use of such devices is suspended by a resolution adopted 3 by the county or city in which the firework is used commits a 4 simple misdemeanor, punishable by a fine of not less than two 5 hundred fifty dollars. 6 b. A person who uses or explodes display fireworks while the 7 use of such devices is suspended by an order of the state fire 8 marshal commits a simple misdemeanor, punishable by a fine of 9 not less than two hundred fifty dollars. 10 4. a. A person who is at least eighteen years of age or 11 a firm, partnership, or corporation may possess or transfer, 12 offer for sale, expose for sale, or sell at retail to a person 13 who is eighteen years of age or older novelties or consumer 14 fireworks. A person who is eighteen years of age or older may 15 use or explode novelties or consumer fireworks. 16 b. A person, firm, partnership, or corporation who transfers 17 or sells novelties or consumer fireworks to a person who is 18 less than eighteen years of age commits a simple misdemeanor, 19 punishable by a fine of not less than two hundred fifty 20 dollars. A person who is less than eighteen years of age who 21 purchases, possesses, uses, or explodes novelties or consumer 22 fireworks commits a simple misdemeanor, punishable by a fine of 23 not less than two hundred fifty dollars. 24 c. (1) A person who uses or explodes novelties or consumer 25 fireworks while the use of such devices is suspended by a 26 resolution adopted by the county or city in which the firework 27 is used commits a simple misdemeanor, punishable by a fine of 28 not less than two hundred fifty dollars. 29 (2) A person who uses or explodes novelties or consumer 30 fireworks while the use of such devices is suspended by an 31 order of the state fire marshal commits a simple misdemeanor, 32 punishable by a fine of not less than two hundred fifty 33 dollars. 34 3. 5. a. This section does not prohibit the sale by a 35 -4- LSB 5491SV (1) 85 aw/nh 4/ 7

S.F. 2294 resident, dealer, manufacturer, or jobber of such fireworks as 1 are not prohibited by this section , or the sale of any kind 2 of fireworks if they are to be shipped out of the state, or 3 the sale or use of blank cartridges for a show or the theater, 4 or for signal purposes in athletic sports or by railroads 5 or trucks, for signal purposes, or by a recognized military 6 organization. 7 b. This section does not apply to any substance or 8 composition prepared and sold for medicinal or fumigation 9 purposes. 10 c. This section does not apply to goldstar-producing 11 sparklers on wires which contain no magnesium or chlorate or 12 perchlorate, flitter sparklers in paper tubes that do not 13 exceed one-eighth of an inch in diameter, toy snakes which 14 contain no mercury, or caps used in cap pistols. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill provides for the legal sale and use of novelties 19 and consumer fireworks within the state. 20 Current law provides that a person, firm, partnership, or 21 corporation who offers for sale, exposes for sale, sells at 22 retail, or uses or explodes any fireworks, commits a simple 23 misdemeanor. Current law, however, also provides that a county 24 board of supervisors or the department of natural resources may 25 grant a permit for the display of fireworks if the fireworks 26 display will be handled by a competent operator. Current 27 law further provides that the term “fireworks” includes any 28 explosive composition, or combination of explosive substances, 29 or article prepared for the purpose of producing a visible 30 or audible effect by combustion, explosion, deflagration, 31 or detonation, including blank cartridges, firecrackers, 32 torpedoes, skyrockets, roman candles, or other fireworks of 33 like construction and fireworks containing any explosive or 34 flammable compound, or other device containing any explosive 35 -5- LSB 5491SV (1) 85 aw/nh 5/ 7

S.F. 2294 substance with limited exceptions. 1 The bill maintains these restrictions for display fireworks 2 and provides that the term “display fireworks” shall not 3 include novelties or consumer fireworks. The bill provides 4 that the terms “novelties” and “consumer fireworks” each 5 respectively include all novelties or consumer fireworks 6 enumerated in chapter 3 of the American pyrotechnics 7 association’s standard 87-1, which comply with the labeling 8 regulations promulgated by the United States consumer product 9 safety commission. 10 The bill provides that a person who is at least 18 years 11 of age or a firm, partnership, or corporation may possess, or 12 transfer, offer for sale, expose for sale, or sell at retail 13 any novelties or consumer fireworks to any person who is at 14 least 18 years of age. The bill provides that any person who 15 is at least 18 years of age may use or explode novelties or 16 consumer fireworks. 17 The bill provides that a person, firm, partnership, or 18 corporation who transfers or sells novelties or any consumer 19 firework to a person who is less than 18 years of age commits 20 a simple misdemeanor. A person who is less than 18 years of 21 age who purchases, possesses, uses, or explodes novelties or 22 any consumer fireworks commits a simple misdemeanor. A simple 23 misdemeanor is generally punishable by confinement for no more 24 than 30 days or a fine of at least $65 but not more than $625 or 25 by both, but the bill provides for a fine of a least $250. 26 The bill provides that the state fire marshal may order 27 the suspension of the use of consumer fireworks, display 28 fireworks, or novelties if the fire marshal determines that 29 the use of such devices would constitute a threat to public 30 safety. The bill further provides that a county board of 31 supervisors or city council may by ordinance suspend the use 32 of consumer fireworks, display fireworks, or novelties if the 33 board or council determines that the use of such devices would 34 constitute a threat to public safety. The bill provides that a 35 -6- LSB 5491SV (1) 85 aw/nh 6/ 7

S.F. 2294 person who violates such an order or ordinance commits a simple 1 misdemeanor, punishable by a fine of at least $250. 2 The bill maintains current exemptions for goldstar-producing 3 sparklers on wires which contain no magnesium or chlorate or 4 perchlorate, flitter sparklers in paper tubes that do not 5 exceed one-eighth of an inch in diameter, toy snakes which 6 contain no mercury, and caps used in cap pistols. 7 -7- LSB 5491SV (1) 85 aw/nh 7/ 7