S.F. 93 Section 1. NEW SECTION . 101D.1 Definitions. 1 For purposes of this chapter, unless the context otherwise 2 requires: 3 1. “Department” means the department of public safety. 4 2. “Division” means the division of the state fire marshal 5 in the department. 6 3. “Fireworks” means permissible fireworks as described in 7 section 727.2A. 8 4. “License” means a privilege granted by the state fire 9 marshal to operate fireworks, including any privilege related 10 to a license granted by issuance of a stamp or a payment of a 11 fee. 12 5. “License agent” means an individual, business, or 13 governmental agency authorized to sell a license. 14 Sec. 2. NEW SECTION . 101D.2 Fireworks operator license —— 15 fee. 16 1. A person shall not purchase, operate, or ignite fireworks 17 within this state without first obtaining a license from the 18 division for those purposes and paying a fee of forty-one 19 dollars. 20 2. The division shall provide for the issuance of fireworks 21 operator licenses to eligible persons. A person must be at 22 least eighteen years of age and must successfully complete the 23 fireworks safety education program created in section 101D.3 to 24 be eligible for a license under this chapter. 25 3. A license shall be issued for a period not to exceed one 26 year. 27 4. The state fire marshal shall adopt rules for 28 the revocation or suspension of a license and for the 29 administration of this chapter. 30 Sec. 3. NEW SECTION . 101D.3 Fireworks safety education 31 program —— license requirements. 32 1. A person shall not obtain a fireworks operator license 33 unless the person has satisfactorily completed a fireworks 34 safety education course approved by the division and offered 35 -1- LSB 1895XS (3) 85 aw/nh 1/ 9

S.F. 93 by the department. A person who is seventeen years of age or 1 older may enroll in an approved fireworks safety education 2 course, but a person who is seventeen years of age and who 3 has successfully completed the course, shall be issued a 4 certificate of completion which becomes valid on the person’s 5 eighteenth birthday. A certificate of completion from an 6 approved fireworks safety education course issued in this state 7 is valid for the requirements of this section. 8 2. a. A certificate of completion shall not be issued 9 to a person who has not satisfactorily completed the minimum 10 requirements of such a course as adopted by the state fire 11 marshal pursuant to chapter 17A. The state fire marshal shall 12 establish the curriculum for the course. 13 b. Upon completion of the course, each person shall be 14 required to pass an individual oral test or a written test 15 provided by the division in order to receive a certificate 16 of completion. The state fire marshal shall establish 17 the criteria for successfully passing the test. Based on 18 the results of the test and demonstrated safe handling of 19 fireworks, the instructor shall determine the persons who shall 20 be issued a certificate of completion. 21 3. The department shall provide a manual for fireworks 22 safety which shall be used by all instructors and persons 23 receiving fireworks safety education training in this state. 24 The department may produce the manual in a print or electronic 25 format. 26 4. The division shall provide for the certification of 27 persons who wish to become fireworks safety instructors. A 28 person shall not act as an instructor in a fireworks safety 29 education course as provided in this section without first 30 obtaining an instructor’s certificate from the division. 31 5. An officer of the department or a certified instructor 32 may issue a certificate to a person who has not completed the 33 fireworks safety education course but meets other criteria 34 established by the state fire marshal. 35 -2- LSB 1895XS (3) 85 aw/nh 2/ 9

S.F. 93 6. A fireworks operator license obtained under this 1 chapter by a person who gave false information or presented a 2 fraudulent certificate of completion shall be revoked and a new 3 license shall not be issued for at least two years from the 4 date of revocation. A license obtained by a person who has not 5 satisfactorily completed the fireworks safety education course 6 or has not met the requirements established by the state fire 7 marshal shall be revoked. 8 7. An initial fireworks safety certificate of completion 9 shall be issued without cost. A duplicate certificate shall be 10 issued at a cost of three dollars. 11 8. Enrollment in the program shall be free for a person’s 12 initial enrollment. The division shall charge a one hundred 13 dollar fee for any subsequent enrollment. 14 Sec. 4. NEW SECTION . 101D.4 License agents. 15 The state fire marshal may designate license agents for the 16 sale of licenses, but in so doing the interest of the state 17 shall be fully protected. 18 Sec. 5. NEW SECTION . 101D.5 Allocation of fee revenue. 19 All revenue collected from the fireworks operator license 20 fees as provided in section 101D.2, subsection 1, that is 21 collected by the division shall be allocated as follows: 22 1. One dollar of each license fee collected shall be 23 allocated to the division. 24 2. Ten dollars of each license fee collected shall be 25 allocated to fire departments throughout the state of Iowa. 26 The state fire marshal shall adopt rules pursuant to chapter 27 17A for the direction of such moneys. 28 3. Ten dollars of each license fee collected shall be 29 allocated to public school districts throughout the state of 30 Iowa. The state fire marshal shall adopt rules pursuant to 31 chapter 17A for the direction of such moneys. 32 4. Twenty dollars of each license fee collected shall be 33 allocated to the state general fund. 34 Sec. 6. NEW SECTION . 101D.6 Accounting. 35 -3- LSB 1895XS (3) 85 aw/nh 3/ 9

S.F. 93 The state fire marshal shall by rule establish specific 1 requirements for remittance of funds and the necessary 2 accounting and reporting for licenses issued. 3 Sec. 7. NEW SECTION . 101D.7 Operation of fireworks —— 4 penalty. 5 1. A person who does not possess a valid fireworks operator 6 license shall not operate fireworks. 7 2. A person may only operate fireworks during the months of 8 January, May, June, July, or December of each year, or during 9 certain holiday weekends, as permitted by rule adopted by the 10 state fire marshal pursuant to chapter 17A. 11 3. A person shall not operate fireworks at any time when 12 the state fire marshal has declared the operation of fireworks 13 to be a threat to public safety. The state fire marshal may 14 declare such a threat if conditions warrant such a declaration. 15 4. A person shall not operate, ignite, or store fireworks 16 in an unsafe manner as described within the fireworks safety 17 manual described in section 101D.3, subsection 3. 18 5. A licensee who violates the provisions of this section 19 shall have their license suspended and shall be required to 20 successfully complete the fireworks safety education program 21 created in section 101D.3 again before the division may issue 22 another license to that person. 23 6. Any person who violates the provisions of this section is 24 subject to a civil penalty not to exceed three hundred dollars 25 for each offense. 26 Sec. 8. NEW SECTION . 101D.8 Sales permits. 27 1. The division shall issue permits for the sale of 28 fireworks. A permit shall not be issued to a person under 29 eighteen years of age. 30 2. All permits shall be for the calendar year or any 31 fraction thereof and shall expire on the thirty-first day of 32 December of each year. The division may set a fee for issuance 33 of such a permit to cover administrative costs of this section. 34 3. Permits shall be conspicuously displayed in the permit 35 -4- LSB 1895XS (3) 85 aw/nh 4/ 9

S.F. 93 holder’s place of business along with a clearly visible sign 1 that states the law concerning the sale, use, and possession of 2 fireworks in this state. 3 4. The state fire marshal shall adopt rules in accordance 4 with chapter 17A to regulate fireworks sellers and the sale of 5 fireworks, including the establishment of a fee for a permit 6 issued pursuant to this section. 7 Sec. 9. Section 727.2, subsection 2, Code 2013, is amended 8 to read as follows: 9 2. a. A person, or a firm, partnership, or corporation 10 who offers permitted under section 101D.8 may offer for sale , 11 exposes for sale, sells at retail, or uses or explodes any 12 fireworks , commits a simple misdemeanor permissible under 13 sections 727.2A and 727.2B . In addition to any other penalties, 14 the punishment imposed for a violation of this section shall 15 include assessment of a fine of not less than two hundred fifty 16 dollars. However, the 17 b. The council of a city or a county board of supervisors 18 may, upon application in writing, grant a permit for the 19 display of fireworks not permissible under section 727.2A by 20 municipalities, fair associations, amusement parks, and other 21 organizations or groups of individuals approved by the city 22 or the county board of supervisors when the fireworks display 23 will be handled by a competent operator, but no such permit 24 shall be required for the display of fireworks at the Iowa 25 state fairgrounds by the Iowa state fair board, at incorporated 26 county fairs, or at district fairs receiving state aid. Sales 27 of fireworks for such display may be made for that purpose 28 only. 29 Sec. 10. Section 727.2, subsection 3, Code 2013, is amended 30 by striking the subsection. 31 Sec. 11. NEW SECTION . 727.2A Permissible fireworks. 32 Permissible fireworks are the consumer fireworks enumerated 33 in chapter 3 of the American pyrotechnics association, inc., 34 standard 87-1, and that comply with the labeling regulations 35 -5- LSB 1895XS (3) 85 aw/nh 5/ 9

S.F. 93 promulgated by the United States consumer product safety 1 commission. 2 Sec. 12. NEW SECTION . 727.2B Examination of fireworks —— 3 penalty. 4 If consumer fireworks are not permissible under section 5 727.2A, the proposed seller must submit the fireworks to the 6 state fire marshal for examination and approval prior to the 7 sale of such fireworks. A person who violates this section 8 commits a serious misdemeanor. 9 EXPLANATION 10 This bill provides for the legal sale and use of consumer 11 fireworks within the state. 12 The bill provides for the licensure of consumer fireworks 13 operators by the division of the state fire marshal of the 14 department of public safety. The bill provides that a person 15 may not purchase, operate, or explode fireworks within the 16 state without being licensed under the bill. The bill provides 17 that a person must be at least 18 years of age, have completed 18 a fireworks safety education program, and paid a fee of $41 19 in order to receive a license pursuant to the bill. The bill 20 provides that a license will not be for longer than one year. 21 The bill provides that the state fire marshal shall adopt 22 rules for the revocation or suspension of a fireworks operator 23 license and for the administration of the bill. 24 The bill provides for the creation of a fireworks safety 25 education program. The bill provides that successful 26 completion of the program is required in order to be issued a 27 fireworks operator license. The bill provides that a person 28 may enroll in the program upon reaching the age of 17. The 29 bill states that any certificate of completion issued to a 30 person under the age of 18 will not become valid until the 31 person reaches the age of 18. A certificate of completion 32 will not be issued to a person who has not satisfactorily 33 completed the requirements of the program, as adopted by the 34 state fire marshal. The state fire marshal shall establish the 35 -6- LSB 1895XS (3) 85 aw/nh 6/ 9

S.F. 93 curriculum for the program. The program instructor shall issue 1 a certificate of completion based upon passage of the test and 2 upon demonstrated safe handling of fireworks. 3 The bill provides that the division shall administer 4 individual oral or written tests, and that the division shall 5 require passage of the test in order to issue a certificate of 6 completion. The state fire marshal shall establish criteria 7 for passing. 8 The department of public safety shall provide a manual for 9 fireworks safety to be used by all instructors and persons 10 receiving fireworks safety training. The department may 11 produce this manual in either print or electronic form. 12 The division of the state fire marshal shall provide for the 13 certification of instructors. The bill allows for an officer 14 of the department or an instructor to issue a certificate of 15 completion to any person who has not completed the program but 16 who meets other criteria established by the state fire marshal. 17 The bill provides that a person who obtained a license by 18 providing false information or a fraudulent certificate shall 19 have the license revoked and the person shall not be issued a 20 license for at least two years from the date of revocation. 21 The bill also provides for the revocation of licenses where a 22 licensee has not met the requirements of the bill. The bill 23 provides that the initial certificate shall be issued at no 24 cost, but that duplicate certificates shall cost $3. The bill 25 provides that enrollment within the program shall be free for a 26 person’s initial enrollment, but that any subsequent enrollment 27 shall result in a $100 fee. 28 The bill allows the state fire marshal to designate license 29 agents. The bill provides for the distribution of the 30 fireworks operator license fees. From each $41 license fee, 31 $1 will be directed to the division of the fire marshal, $10 32 will be directed to fire departments throughout the state as 33 designated by the fire marshal, $10 will be directed to public 34 school districts throughout the state as designated by the fire 35 -7- LSB 1895XS (3) 85 aw/nh 7/ 9

S.F. 93 marshal, and $20 will be directed to the general fund of the 1 state. 2 The bill provides that a person who does not possess a valid 3 fireworks operator license shall not be allowed to operate 4 fireworks. The bill provides that fireworks may only be 5 operated during certain months and certain holiday weekends. 6 The bill provides that the state fire marshal may, when 7 warranted, declare the operation of fireworks to be a threat 8 to public safety. Operation of fireworks during the time of 9 such a declaration is not permitted. The bill provides that 10 a person shall not operate, ignite, or store fireworks in an 11 unsafe manner as described in the fireworks safety manual. The 12 bill requires that any person violating these provisions have 13 their license suspended and be required to successfully retake 14 the fireworks safety education course before the person could 15 be issued another license. The bill also provides that any 16 person violating the provisions is subject to a civil penalty 17 not to exceed $300 per offense. 18 The bill also provides for the permitting of fireworks 19 sales. The division shall issue such permits and shall not 20 provide such permits to persons under the age of 18. The 21 bill requires that these permits be displayed by the vendor 22 conspicuously. The bill requires that the fire marshal adopt 23 rules to regulate fireworks vendors and the sale of fireworks. 24 The bill amends criminal provisions related to fireworks to 25 allow for the use of consumer fireworks by licensed operators. 26 The bill provides that permissible consumer fireworks, for use 27 by licensed fireworks operators pursuant to the bill, will 28 include those fireworks listed in chapter 3 of the American 29 pyrotechnics association, inc., standard 87-1 that comply with 30 certain labeling regulations. 31 The bill also provides that if a consumer firework is 32 not contained within that chapter, a seller must submit 33 the fireworks to the state fire marshal for examination and 34 approval prior to their sale. The bill provides that violating 35 -8- LSB 1895XS (3) 85 aw/nh 8/ 9