H.F. 614 Section 1. Section 100.1, subsection 4, paragraph b, Code 1 2015, is amended to read as follows: 2 b. The storage, transportation, handling, and use of 3 flammable liquids, combustibles, fireworks, and explosives; 4 Sec. 2. Section 100.1, Code 2015, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 8. To order the suspension of the use 7 of consumer fireworks, display fireworks, or novelties, as 8 described in section 727.2, if the fire marshal determines that 9 the use of such devices would constitute a threat to public 10 safety. 11 Sec. 3. NEW SECTION . 100.19 Consumer fireworks seller 12 licensing —— penalty. 13 1. As used in this section: 14 a. “APA 87-1” means the American pyrotechnics association 15 standard 87-1, as published in December 2001. 16 b. “Community group” means a nonprofit entity that is open 17 for membership to the general public which is exempt from 18 federal income taxation pursuant to section 501(c)(3) of the 19 Internal Revenue Code or a fraternal benefit society, as that 20 term is defined in section 512B.3. 21 c. “First-class consumer fireworks” means the following 22 consumer fireworks, as described in APA 87-1, chapter 3: 23 (1) Aerial shell kits and reloadable tubes. 24 (2) Chasers. 25 (3) Helicopter and aerial spinners. 26 (4) Firecrackers. 27 (5) Mine and shell devices. 28 (6) Missile-type rockets. 29 (7) Roman candles. 30 (8) Sky rockets and bottle rockets. 31 (9) Multiple tube devices under this paragraph “c” that are 32 manufactured in accordance with APA 87-1, section 3.5. 33 d. “Retailer” means as defined in section 423.1. 34 e. “Second-class consumer fireworks” means the following 35 -1- LSB 1950HV (2) 86 aw/nh 1/ 13

H.F. 614 consumer fireworks, as described in APA 87-1, chapter 3: 1 (1) Cone fountains. 2 (2) Cylindrical fountains. 3 (3) Flitter sparklers. 4 (4) Ground and hand-held sparkling devices, including 5 multiple tube ground and hand-held sparkling devices that are 6 manufactured in accordance with APA 87-1, section 3.5. 7 (5) Ground spinners. 8 (6) Illuminating torches. 9 (7) Toy smoke devices. 10 (8) Wheels. 11 (9) Wire or dipped sparklers. 12 2. a. The state fire marshal shall establish a consumer 13 fireworks seller license. An application for a consumer 14 fireworks seller license shall be made on a form provided 15 by the state fire marshal. The state fire marshal shall 16 adopt rules consistent with this section establishing minimum 17 requirements for a retailer or community group to be issued a 18 consumer fireworks seller license. 19 b. A person shall possess a consumer fireworks seller 20 license under this section in order to sell consumer fireworks. 21 3. a. The state fire marshal shall establish a fee schedule 22 for consumer fireworks seller licenses as follows: 23 (1) For a retailer who devotes fifty percent or more of 24 the retailer’s retail floor space to the sale or display of 25 first-class consumer fireworks, an annual fee of four hundred 26 dollars. 27 (2) For a retailer who devotes less than fifty percent of 28 the retailer’s retail floor space to the sale or display of 29 first-class consumer fireworks, an annual fee of two hundred 30 dollars. 31 (3) For a community group that offers for sale, exposes for 32 sale, or sells first-class consumer fireworks, an annual fee 33 of two hundred dollars. 34 (4) For a retailer or community group that offers for sale, 35 -2- LSB 1950HV (2) 86 aw/nh 2/ 13

H.F. 614 exposes for sale, or sells second-class consumer fireworks, 1 but not first-class consumer fireworks, an annual fee of 2 twenty-five dollars. 3 b. A license issued to a retailer or community group 4 pursuant to paragraph “a” , subparagraph (1), (2), or (3), shall 5 allow the licensee to sell both first-class consumer fireworks 6 and second-class consumer fireworks. 7 4. The state fire marshal shall adopt rules to: 8 a. Require that any retailer or community group offering 9 for sale at retail any consumer fireworks, as described in APA 10 87-1, chapter 3, shall do so in accordance with the national 11 fire protection association standard 1124, published in the 12 code for the manufacture, transportation, storage, and retail 13 sales of fireworks and pyrotechnic articles, 2006 edition. 14 b. Require that a retailer or community group to be issued a 15 license pursuant to this section provide proof of and maintain 16 public liability insurance and product liability insurance 17 with minimum per occurrence coverage of at least five million 18 dollars. 19 c. Permit a retailer or community group issued a license 20 pursuant to this section to sell consumer fireworks, as 21 described in APA 87-1, chapter 3, at the following locations 22 as specified: 23 (1) At a permanent building that meets the requirements of 24 paragraph “a” , year-round. 25 (2) At a temporary structure that meets the requirements of 26 paragraph “a” between June 13 and July 11 each year. 27 d. A retailer or community group shall not transfer consumer 28 fireworks, as described in APA 87-1, chapter 3, to a person who 29 is under eighteen years of age. 30 5. a. The state fire marshal shall adopt rules to provide 31 that a person’s consumer fireworks seller license may be 32 revoked for the intentional violation of this section. The 33 proceedings for revocation shall be held before the division 34 of the state fire marshal, which may revoke the license or 35 -3- LSB 1950HV (2) 86 aw/nh 3/ 13

H.F. 614 licenses involved as provided in paragraph “b” . 1 b. (1) If, upon the hearing of the order to show cause, 2 the division of the state fire marshal finds that the licensee 3 intentionally violated this section, then the license or 4 licenses under which the licensed retailer or community group 5 sells first-class consumer fireworks or second-class consumer 6 fireworks, shall be revoked. 7 (2) Judicial review of actions of the division of the 8 state fire marshal may be sought in accordance with the terms 9 of the Iowa administrative procedure Act, chapter 17A. If 10 the licensee has not filed a petition for judicial review in 11 district court, revocation shall date from the thirty-first 12 day following the date of the order of the division of the 13 state fire marshal. If the licensee has filed a petition for 14 judicial review, revocation shall date from the thirty-first 15 day following entry of the order of the district court, if 16 action by the district court is adverse to the licensee. 17 (3) A new license shall not be issued to a person whose 18 license has been revoked, or to the business in control of the 19 premises on which the violation occurred if it is established 20 that the owner of the business had actual knowledge of the 21 violation resulting in the license revocation, for the period 22 of one year following the date of revocation. 23 6. a. A consumer fireworks seller license fee fund is 24 created in the state treasury under the control of the state 25 fire marshal. Notwithstanding section 12C.7, interest or 26 earnings on moneys in the consumer fireworks seller license fee 27 fund shall be credited to the consumer fireworks seller license 28 fee fund. Moneys in the fund are appropriated to the state 29 fire marshal to be used to fulfill the responsibilities of 30 the state fire marshal for the administration and enforcement 31 of this section and to provide grants pursuant to paragraph 32 “b” . The fund shall include the fees collected by the state 33 fire marshal under the fee schedule established pursuant to 34 subsection 3. 35 -4- LSB 1950HV (2) 86 aw/nh 4/ 13

H.F. 614 b. The state fire marshal shall establish a local fire 1 protection and emergency medical service providers grant 2 program to provide grants to local fire protection service 3 providers and local emergency medical service providers to 4 establish or provide fireworks safety education programming 5 to members of the public. The state fire marshal may also 6 provide grants to local fire protection service providers and 7 local emergency medical service providers for the purchase 8 of necessary enforcement, protection, or emergency response 9 equipment related to the sale and use of consumer fireworks in 10 this state. 11 7. The state fire marshal shall adopt rules for the 12 administration of this section. 13 8. A person who violates a provision of this section or a 14 rule adopted pursuant to this section is guilty of a simple 15 misdemeanor. 16 Sec. 4. Section 101A.1, subsection 3, Code 2015, is amended 17 to read as follows: 18 3. “Explosive” means any chemical compound, mixture 19 or device, the primary or common purpose of which is to 20 function by explosion with substantially instantaneous 21 release of gas and heat, unless such compound, mixture, or 22 device is otherwise specifically classified by the United 23 States department of transportation. The term “explosive” 24 includes all materials which are classified as a class 1, 25 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 26 department of transportation, under 49 C.F.R. §173.50, and all 27 materials classified as explosive materials under 18 U.S.C. 28 §841, and includes, but is not limited to, dynamite, black 29 powder, pellet powders, initiating explosives, blasting caps, 30 electric blasting caps, safety fuse, fuse lighters, fuse 31 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 32 igniter cord, igniters, smokeless propellant, cartridges for 33 propellant-actuated power devices, cartridges for industrial 34 guns, and overpressure devices, but does not include “fireworks” 35 -5- LSB 1950HV (2) 86 aw/nh 5/ 13

H.F. 614 as “consumer fireworks” , “display fireworks” , or “novelties” as 1 those terms are defined in section 727.2 or ammunition or small 2 arms primers manufactured for use in shotguns, rifles, and 3 pistols. Commercial explosives are those explosives which are 4 intended to be used in commercial or industrial operations. 5 Sec. 5. Section 331.301, Code 2015, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 17. The board of supervisors may by 8 resolution suspend the use of display fireworks, as described 9 in section 727.2, if the board determines that the use of such 10 devices would constitute a threat to public safety. 11 Sec. 6. Section 331.304, subsection 9, Code 2015, is amended 12 to read as follows: 13 9. The board, upon application, may grant permits for the 14 display use of display fireworks as provided in section 727.2 . 15 Sec. 7. Section 364.2, Code 2015, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 6. A city council may by resolution suspend 18 or limit the use of consumer fireworks, display fireworks, or 19 novelties, as described in section 727.2, if the city council 20 determines that the use of such devices would constitute a 21 threat to public safety. 22 Sec. 8. Section 461A.42, subsection 2, Code 2015, is amended 23 to read as follows: 24 2. The use of consumer fireworks or display fireworks, 25 as defined in section 727.2 , in state parks and preserves is 26 prohibited except as authorized by a permit issued by the 27 department. The commission shall establish, by rule adopted 28 pursuant to chapter 17A , a fireworks permit system which 29 authorizes the issuance of a limited number of permits to 30 qualified persons to use or display fireworks in selected state 31 parks and preserves. 32 Sec. 9. Section 727.2, Code 2015, is amended to read as 33 follows: 34 727.2 Fireworks. 35 -6- LSB 1950HV (2) 86 aw/nh 6/ 13

H.F. 614 1. Definitions. For purposes of this section: 1 a. “Consumer fireworks” includes first-class consumer 2 fireworks and second-class consumer fireworks as those terms 3 are defined in section 100.19, subsection 1. 4 b. The term “fireworks” “Display fireworks” includes any 5 explosive composition, or combination of explosive substances, 6 or article prepared for the purpose of producing a visible 7 or audible effect by combustion, explosion, deflagration, 8 or detonation, and includes blank cartridges, firecrackers, 9 torpedoes, skyrockets, roman candles, or other fireworks of 10 like construction and fireworks containing any explosive or 11 flammable compound, or other device containing any explosive 12 substance. The term “fireworks” “Display fireworks” does not 13 include goldstar-producing sparklers on wires which contain 14 no magnesium or chlorate or perchlorate, flitter sparklers 15 in paper tubes that do not exceed one-eighth of an inch in 16 diameter, toy snakes which contain no mercury, or caps used 17 in cap pistols novelties or consumer fireworks enumerated in 18 chapter 3 of the American pyrotechnics association’s standard 19 87-1 . 20 c. “Novelties” includes all novelties enumerated in chapter 21 3 of the American pyrotechnics association’s standard 87-1, and 22 that comply with the labeling regulations promulgated by the 23 United States consumer product safety commission. 24 2. Display fireworks. 25 a. A person, firm, partnership, or corporation who offers 26 for sale, exposes for sale, sells at retail, or uses or 27 explodes any display fireworks, commits a simple misdemeanor . 28 In addition to any other penalties, the punishment imposed 29 for a violation of this section shall include assessment 30 of , punishable by a fine of not less than two hundred fifty 31 dollars. However, the a city council of a city or a county 32 board of supervisors may, upon application in writing, grant a 33 permit for the display of display fireworks by municipalities, 34 fair associations, amusement parks, and other organizations 35 -7- LSB 1950HV (2) 86 aw/nh 7/ 13

H.F. 614 or groups of individuals approved by the city or the county 1 board of supervisors when the display fireworks display will 2 be handled by a competent operator, but no such permit shall 3 be required for the display of display fireworks at the Iowa 4 state fairgrounds by the Iowa state fair board, at incorporated 5 county fairs, or at district fairs receiving state aid. Sales 6 of display fireworks for such display may be made for that 7 purpose only. 8 b. (1) A person who uses or explodes display fireworks 9 while the use of such devices is suspended by a resolution 10 adopted by the county or city in which the firework is used 11 commits a simple misdemeanor, punishable by a fine of not less 12 than two hundred fifty dollars. 13 (2) A person who uses or explodes display fireworks while 14 the use of such devices is suspended by an order of the state 15 fire marshal commits a simple misdemeanor, punishable by a fine 16 of not less than two hundred fifty dollars. 17 3. Consumer fireworks and novelties. 18 a. A person or a firm, partnership, or corporation may 19 possess, use, or explode consumer fireworks in accordance with 20 this subsection and subsection 4. 21 b. A person, firm, partnership, or corporation who sells 22 consumer fireworks to a person who is less than eighteen years 23 of age commits a simple misdemeanor, punishable by a fine of 24 not less than two hundred fifty dollars. A person who is less 25 than eighteen years of age who purchases consumer fireworks 26 commits a simple misdemeanor, punishable by a fine of not less 27 than two hundred fifty dollars. 28 c. (1) A person who uses or explodes consumer fireworks 29 or novelties while the use of such devices is suspended by a 30 resolution adopted by the city in which the fireworks are used 31 commits a simple misdemeanor, punishable by a fine of not less 32 than two hundred fifty dollars. 33 (2) A person who uses or explodes consumer fireworks or 34 novelties while the use of such devices is suspended by an 35 -8- LSB 1950HV (2) 86 aw/nh 8/ 13

H.F. 614 order of the state fire marshal commits a simple misdemeanor, 1 punishable by a fine of not less than two hundred fifty 2 dollars. 3 4. Limitations. 4 a. A person shall not use or explode consumer fireworks at 5 times other than between the hours of 9:00 a.m. and 10:00 p.m., 6 except that on the following dates consumer fireworks shall not 7 be used at times other than between the hours of 9:00 a.m. and 8 12:30 a.m. on the immediately following day: 9 (1) Memorial Day and the Saturday and Sunday immediately 10 preceding that day. 11 (2) July 4 and the Saturdays and Sundays immediately 12 preceding and following July 4. 13 (3) Labor Day and the Saturday and Sunday immediately 14 preceding that day. 15 (4) December 31 and the Saturdays and Sundays immediately 16 preceding and following December 31. 17 b. A person shall not use consumer fireworks on real 18 property other than that person’s real property or on the real 19 property of a person who has consented to the use of consumer 20 fireworks on that property. 21 c. A person who violates this subsection commits a simple 22 misdemeanor punishable by a fine of not less than fifty dollars 23 and not more than five hundred dollars. 24 3. 5. Applicability. 25 a. This section does not prohibit the sale by a resident, 26 dealer, manufacturer, or jobber of such fireworks as are 27 not prohibited by this section , or the sale of any kind of 28 fireworks if they are to be shipped out of the state, or the 29 sale or use of blank cartridges for a show or the theater, 30 or for signal purposes in athletic sports or by railroads 31 or trucks, for signal purposes, or by a recognized military 32 organization. 33 b. This section does not apply to any substance or 34 composition prepared and sold for medicinal or fumigation 35 -9- LSB 1950HV (2) 86 aw/nh 9/ 13

H.F. 614 purposes. 1 c. Unless specifically provided otherwise, this section does 2 not apply to novelties. 3 Sec. 10. EFFECTIVE DATE. This Act takes effect June 1, 4 2015. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill provides for the legal sale and use of novelties 9 and consumer fireworks within the state. 10 The bill provides that the state fire marshal has the duty to 11 enforce all laws, and rules of the department of public safety 12 concerned with the storage, transportation, handling, and use 13 of fireworks. 14 Current law provides that a person, firm, partnership, or 15 corporation who offers for sale, exposes for sale, sells at 16 retail, or uses or explodes any fireworks, commits a simple 17 misdemeanor. Current law, however, also provides that a county 18 board of supervisors or the department of natural resources may 19 grant a permit for the display of fireworks if the fireworks 20 display will be handled by a competent operator. Current 21 law further provides that the term “fireworks” includes any 22 explosive composition, or combination of explosive substances, 23 or article prepared for the purpose of producing a visible 24 or audible effect by combustion, explosion, deflagration, 25 or detonation, including blank cartridges, firecrackers, 26 torpedoes, skyrockets, roman candles, or other fireworks of 27 like construction and fireworks containing any explosive or 28 flammable compound, or other device containing any explosive 29 substance with limited exceptions. 30 The bill maintains these restrictions for display fireworks 31 and provides that the term “display fireworks” shall not 32 include novelties or consumer fireworks. The bill provides 33 definitions for the terms “novelties” and “consumer fireworks”. 34 The bill requires that the state fire marshal establish 35 -10- LSB 1950HV (2) 86 aw/nh 10/ 13

H.F. 614 a consumer fireworks seller license, and requires possession 1 of such a license to legally sell consumer fireworks in this 2 state. The state fire marshal is required to establish a fee 3 schedule for consumer fireworks seller licenses. The bill 4 establishes two classes of consumer fireworks and requires 5 a $400 annual licensing fee for a retailer who devotes 50 6 percent or more of the retailer’s retail floor space to the 7 sale or display of first-class consumer fireworks. Retailers 8 who devote less than 50 percent of the retailer’s retail 9 floor space to the sale or display of first-class consumer 10 fireworks are required to pay an annual licensing fee of $200. 11 A community group that sells first-class consumer fireworks 12 is required to pay an annual licensing fee of $200. The 13 bill requires an annual licensing fee of $25 for retailers 14 or community groups that sell only second-class consumer 15 fireworks. 16 The bill requires that the state fire marshal adopt rules 17 to require that licensed retailers and community groups only 18 offer consumer fireworks for sale in accordance with specified 19 industry standards. The bill also requires that retailers and 20 community groups provide proof of and maintain public liability 21 and product liability insurance. Under the bill, the state 22 fire marshal is required to adopt rules to permit licensed 23 retailers and community groups to sell consumer fireworks at 24 conforming permanent buildings on a year-round basis and at 25 conforming temporary structures from June 13 to July 11 each 26 year. 27 The bill also provides for the revocation of a consumer 28 fireworks seller license for the intentional violation of 29 licensing requirements. The bill establishes procedures 30 for the revocation of such licenses and procedures for 31 review for such revocations. The bill also establishes a 32 consumer fireworks seller license fee fund under the control 33 of the state fire marshal. The fund shall consist of the 34 fees collected for the licensing of retailers and community 35 -11- LSB 1950HV (2) 86 aw/nh 11/ 13

H.F. 614 groups. The fund is required to be used for administration 1 and enforcement of the state fire marshal’s consumer fireworks 2 related duties and to provide grants to local fire protection 3 and emergency medical service providers. 4 Under the bill, a violation of a licensing provision 5 established in Code or by rule is considered a simple 6 misdemeanor. A simple misdemeanor is punishable by confinement 7 for no more than 30 days or a fine of at least $65 but not more 8 than $625, or by both. 9 The bill provides that a person or a firm, partnership, or 10 corporation may possess consumer fireworks as provided in the 11 bill. The bill provides that a person, firm, partnership, or 12 corporation who sells any consumer firework to a person who 13 is less than 18 years of age commits a simple misdemeanor. 14 A person who is less than 18 years of age who purchases any 15 consumer fireworks commits a simple misdemeanor. A simple 16 misdemeanor is generally punishable by confinement for no more 17 than 30 days or a fine of at least $65 but not more than $625 or 18 by both, but the bill provides for a fine of a least $250. 19 The bill provides that the state fire marshal may order the 20 suspension of the use of consumer fireworks, display fireworks, 21 or novelties if the fire marshal determines that the use of 22 such devices would constitute a threat to public safety. The 23 bill also provides that a county board of supervisors may adopt 24 a resolution to suspend the use of display fireworks upon 25 such a determination. The bill further provides that a city 26 council may by resolution suspend or limit the use of consumer 27 fireworks, display fireworks, or novelties if the council 28 determines that the use of such devices would constitute a 29 threat to public safety. The bill provides that a person who 30 violates such an order by the state fire marshal or resolution 31 of a county board of supervisors or a city council commits 32 a simple misdemeanor, punishable by a fine of at least $250. 33 The bill also makes conforming charges related to the use of 34 fireworks in state parks and preserves. 35 -12- LSB 1950HV (2) 86 aw/nh 12/ 13

H.F. 614 The bill also provides certain restrictions on the use 1 or explosion of consumer fireworks. The bill prohibits the 2 use or explosion of consumer fireworks at a time other than 3 between the hours of 9:00 a.m. and 10:00 p.m., except on 4 Memorial Day, the 4th of July, Labor Day, and New Year’s Eve, 5 and weekend days near such holidays. On specified days, the 6 use or explosion of consumer fireworks is prohibited except 7 between the hours of 9:00 a.m. and 12:30 a.m. on the following 8 day. The bill further prohibits the use of fireworks by a 9 person on the real property of another person unless the owner 10 of the real property has consented to such use. Under the 11 bill, a violation of these restrictions is considered a simple 12 misdemeanor punishable by a fine of not less than $50 and not 13 more than $500. 14 The bill will take effect June 1, 2015. 15 -13- LSB 1950HV (2) 86 aw/nh 13/ 13