S.F. 2113 DIVISION I 1 FIREWORKS REGULATION 2 Section 1. Section 100.1, subsection 4, paragraph b, Code 3 2016, is amended to read as follows: 4 b. The storage, transportation, handling, and use of 5 flammable liquids, combustibles, fireworks, and explosives; 6 Sec. 2. Section 100.1, Code 2016, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 8. To order the suspension of the use 9 of consumer fireworks, display fireworks, or novelties, as 10 described in section 727.2, if the fire marshal determines that 11 the use of such devices would constitute a threat to public 12 safety. 13 Sec. 3. NEW SECTION . 100.19 Consumer fireworks seller 14 licensing —— penalty —— fund. 15 1. As used in this section: 16 a. “APA 87-1” means the American pyrotechnics association 17 standard 87-1, as published in December 2001. 18 b. “Community group” means a nonprofit entity that is open 19 for membership to the general public which is exempt from 20 federal income taxation pursuant to section 501(c)(3) of the 21 Internal Revenue Code or a fraternal benefit society, as that 22 term is defined in section 512B.3. 23 c. “First-class consumer fireworks” means the following 24 consumer fireworks, as described in APA 87-1, chapter 3: 25 (1) Aerial shell kits and reloadable tubes. 26 (2) Chasers. 27 (3) Helicopter and aerial spinners. 28 (4) Firecrackers. 29 (5) Mine and shell devices. 30 (6) Missile-type rockets. 31 (7) Roman candles. 32 (8) Sky rockets and bottle rockets. 33 (9) Multiple tube devices under this paragraph “c” that are 34 manufactured in accordance with APA 87-1, section 3.5. 35 -1- LSB 1107SW (2) 86 gh/nh 1/ 15

S.F. 2113 d. “Retailer” means as defined in section 423.1. 1 e. “Second-class consumer fireworks” means the following 2 consumer fireworks, as described in APA 87-1, chapter 3: 3 (1) Cone fountains. 4 (2) Cylindrical fountains. 5 (3) Flitter sparklers. 6 (4) Ground and hand-held sparkling devices, including 7 multiple tube ground and hand-held sparkling devices that are 8 manufactured in accordance with APA 87-1, section 3.5. 9 (5) Ground spinners. 10 (6) Illuminating torches. 11 (7) Toy smoke devices. 12 (8) Wheels. 13 (9) Wire or dipped sparklers. 14 2. a. The state fire marshal shall establish a consumer 15 fireworks seller license. An application for a consumer 16 fireworks seller license shall be made on a form provided 17 by the state fire marshal. The state fire marshal shall 18 adopt rules consistent with this section establishing minimum 19 requirements for a retailer or community group to be issued a 20 consumer fireworks seller license. 21 b. A person shall possess a consumer fireworks seller 22 license under this section in order to sell consumer fireworks. 23 3. a. The state fire marshal shall establish a fee schedule 24 for consumer fireworks seller licenses as follows: 25 (1) For a retailer who devotes fifty percent or more of 26 the retailer’s retail floor space to the sale or display of 27 first-class consumer fireworks, an annual fee of eight hundred 28 dollars. 29 (2) For a retailer who devotes less than fifty percent of 30 the retailer’s retail floor space to the sale or display of 31 first-class consumer fireworks, an annual fee of four hundred 32 dollars. 33 (3) For a community group that offers for sale, exposes for 34 sale, or sells first-class consumer fireworks, an annual fee 35 -2- LSB 1107SW (2) 86 gh/nh 2/ 15

S.F. 2113 of four hundred dollars. 1 (4) For a retailer or community group that offers for sale, 2 exposes for sale, or sells second-class consumer fireworks, 3 but not first-class consumer fireworks, an annual fee of one 4 hundred dollars. 5 b. A license issued to a retailer or community group 6 pursuant to paragraph “a” , subparagraph (1), (2), or (3), shall 7 allow the licensee to sell both first-class consumer fireworks 8 and second-class consumer fireworks. 9 4. The state fire marshal shall adopt rules to: 10 a. Require that any retailer or community group offering 11 for sale at retail any consumer fireworks, as described in APA 12 87-1, chapter 3, shall do so in accordance with the national 13 fire protection association standard 1124, published in the 14 code for the manufacture, transportation, storage, and retail 15 sales of fireworks and pyrotechnic articles, 2006 edition. 16 b. Require that a retailer or community group to be issued a 17 license pursuant to this section provide proof of and maintain 18 public liability insurance and product liability insurance 19 with minimum per occurrence coverage of at least five million 20 dollars. 21 c. Permit a retailer or community group issued a license 22 pursuant to this section to sell consumer fireworks, as 23 described in APA 87-1, chapter 3, at the following locations 24 as specified: 25 (1) At a permanent building that meets the requirements of 26 paragraph “a” , year-round. 27 (2) At a temporary structure that meets the requirements of 28 paragraph “a” between June 13 and July 11 each year. 29 d. A retailer or community group shall not transfer consumer 30 fireworks, as described in APA 87-1, chapter 3, to a person who 31 is under eighteen years of age. 32 5. a. The state fire marshal shall adopt rules to provide 33 that a person’s consumer fireworks seller license may be 34 revoked for the intentional violation of this section. The 35 -3- LSB 1107SW (2) 86 gh/nh 3/ 15

S.F. 2113 proceedings for revocation shall be held before the division 1 of the state fire marshal, which may revoke the license or 2 licenses involved as provided in paragraph “b” . 3 b. (1) If, upon the hearing of the order to show cause, 4 the division of the state fire marshal finds that the licensee 5 intentionally violated this section, then the license or 6 licenses under which the licensed retailer or community group 7 sells first-class consumer fireworks or second-class consumer 8 fireworks, shall be revoked. 9 (2) Judicial review of actions of the division of the 10 state fire marshal may be sought in accordance with the terms 11 of the Iowa administrative procedure Act, chapter 17A. If 12 the licensee has not filed a petition for judicial review in 13 district court, revocation shall date from the thirty-first 14 day following the date of the order of the division of the 15 state fire marshal. If the licensee has filed a petition for 16 judicial review, revocation shall date from the thirty-first 17 day following entry of the order of the district court, if 18 action by the district court is adverse to the licensee. 19 (3) A new license shall not be issued to a person whose 20 license has been revoked, or to the business in control of the 21 premises on which the violation occurred if it is established 22 that the owner of the business had actual knowledge of the 23 violation resulting in the license revocation, for the period 24 of one year following the date of revocation. 25 6. a. A consumer fireworks fee fund is created in the 26 state treasury under the control of the state fire marshal. 27 Notwithstanding section 12C.7, interest or earnings on 28 moneys in the consumer fireworks fee fund shall be credited 29 to the consumer fireworks fee fund. Moneys in the fund are 30 appropriated to the state fire marshal to be used to fulfill 31 the responsibilities of the state fire marshal for the 32 administration and enforcement of this section and section 33 100.19A and to provide grants pursuant to paragraph “b” . The 34 fund shall include the fees collected by the state fire marshal 35 -4- LSB 1107SW (2) 86 gh/nh 4/ 15

S.F. 2113 under the fee schedule established pursuant to subsection 3 1 and the fees collected by the state fire marshal under section 2 100.19A for wholesaler registration. 3 b. The state fire marshal shall establish a local fire 4 protection and emergency medical service providers grant 5 program to provide grants to local fire protection service 6 providers and local emergency medical service providers to 7 establish or provide fireworks safety education programming 8 to members of the public. The state fire marshal may also 9 provide grants to local fire protection service providers and 10 local emergency medical service providers for the purchase 11 of necessary enforcement, protection, or emergency response 12 equipment related to the sale and use of consumer fireworks in 13 this state. 14 7. The state fire marshal shall adopt rules for the 15 administration of this section. 16 8. A person who violates a provision of this section or a 17 rule adopted pursuant to this section is guilty of a simple 18 misdemeanor. 19 Sec. 4. NEW SECTION . 100.19A Consumer fireworks wholesaler 20 —— registration —— penalty. 21 1. For purposes of this section: 22 a. “Consumer fireworks” means first-class consumer fireworks 23 and second-class consumer fireworks, as those terms are defined 24 in section 100.19. 25 b. “Wholesaler” means a person who engages in the business 26 of selling or distributing consumer fireworks for the purpose 27 of resale in this state. 28 2. The state fire marshal shall adopt rules to require all 29 wholesalers to annually register with the state fire marshal. 30 The state fire marshal may also adopt rules to regulate the 31 storage or transfer of consumer fireworks by wholesalers and to 32 require wholesalers to maintain insurance. 33 3. The state fire marshal shall establish an annual 34 registration fee of one thousand dollars for wholesalers 35 -5- LSB 1107SW (2) 86 gh/nh 5/ 15

S.F. 2113 of consumer fireworks within the state. Registration fees 1 collected pursuant to this section shall be deposited in the 2 consumer fireworks fee fund created in section 100.19. 3 4. A person who violates a provision of this section or a 4 rule adopted pursuant to this section is guilty of a simple 5 misdemeanor. 6 Sec. 5. Section 101A.1, subsection 3, Code 2016, is amended 7 to read as follows: 8 3. “Explosive” means any chemical compound, mixture 9 or device, the primary or common purpose of which is to 10 function by explosion with substantially instantaneous 11 release of gas and heat, unless such compound, mixture, or 12 device is otherwise specifically classified by the United 13 States department of transportation. The term “explosive” 14 includes all materials which are classified as a class 1, 15 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 16 department of transportation, under 49 C.F.R. §173.50, and all 17 materials classified as explosive materials under 18 U.S.C. 18 §841, and includes, but is not limited to, dynamite, black 19 powder, pellet powders, initiating explosives, blasting caps, 20 electric blasting caps, safety fuse, fuse lighters, fuse 21 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 22 igniter cord, igniters, smokeless propellant, cartridges for 23 propellant-actuated power devices, cartridges for industrial 24 guns, and overpressure devices, but does not include “fireworks” 25 as “consumer fireworks” , “display fireworks” , or “novelties” as 26 those terms are defined in section 727.2 or ammunition or small 27 arms primers manufactured for use in shotguns, rifles, and 28 pistols. Commercial explosives are those explosives which are 29 intended to be used in commercial or industrial operations. 30 Sec. 6. Section 331.301, Code 2016, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 17. a. The board of supervisors may 33 by ordinance or resolution authorize the use of consumer 34 fireworks or display fireworks, as described in section 727.2, 35 -6- LSB 1107SW (2) 86 gh/nh 6/ 15

S.F. 2113 if the board determines that the use of such devices would not 1 constitute a threat to public safety or private property, or 2 if the board determines that the use of such devices would not 3 constitute a nuisance to neighboring landowners. 4 b. The board of supervisors may by ordinance or resolution 5 authorize the sale of consumer fireworks, as described in 6 section 727.2, if the board determines that the sale of such 7 devices would not constitute a threat to public safety or 8 private property, or if the board determines that the sale of 9 such devices would not constitute a nuisance to neighboring 10 landowners. 11 Sec. 7. Section 331.304, subsection 8, Code 2016, is amended 12 to read as follows: 13 8. The board, upon application, may grant permits for the 14 display use of display fireworks as provided in section 727.2 . 15 Sec. 8. Section 364.2, Code 2016, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 6. a. A city council may by ordinance or 18 resolution authorize the use of consumer fireworks, display 19 fireworks, or novelties, as described in section 727.2. 20 However, a city council may authorize the use of such devices 21 only if the county in which the city is located has also 22 authorized the use of such devices by ordinance or resolution 23 pursuant to section 331.301, subsection 17. 24 b. A city council may by ordinance or resolution authorize 25 the sale of consumer fireworks, as described in section 727.2. 26 However, a city council may authorize the sale of such devices 27 only if the county in which the city is located within has also 28 authorized the sale of such devices by ordinance or resolution 29 pursuant to section 331.301, subsection 17. 30 Sec. 9. Section 461A.42, subsection 2, Code 2016, is amended 31 to read as follows: 32 2. The use of consumer fireworks , or display fireworks, 33 as defined in section 727.2 , in state parks and preserves is 34 prohibited except as authorized by a permit issued by the 35 -7- LSB 1107SW (2) 86 gh/nh 7/ 15

S.F. 2113 department. The commission shall establish, by rule adopted 1 pursuant to chapter 17A , a fireworks permit system which 2 authorizes the issuance of a limited number of permits to 3 qualified persons to use or display fireworks in selected state 4 parks and preserves. 5 Sec. 10. Section 727.2, Code 2016, is amended to read as 6 follows: 7 727.2 Fireworks. 8 1. Definitions. For purposes of this section: 9 a. “Consumer fireworks” includes first-class consumer 10 fireworks and second-class consumer fireworks as those terms 11 are defined in section 100.19, subsection 1. 12 b. The term “fireworks” “Display fireworks” includes any 13 explosive composition, or combination of explosive substances, 14 or article prepared for the purpose of producing a visible 15 or audible effect by combustion, explosion, deflagration, 16 or detonation, and includes blank cartridges, firecrackers, 17 torpedoes, skyrockets, roman candles, or other fireworks of 18 like construction and fireworks containing any explosive or 19 flammable compound, or other device containing any explosive 20 substance. The term “fireworks” “Display fireworks” does not 21 include goldstar-producing sparklers on wires which contain 22 no magnesium or chlorate or perchlorate, flitter sparklers 23 in paper tubes that do not exceed one-eighth of an inch in 24 diameter, toy snakes which contain no mercury, or caps used 25 in cap pistols novelties or consumer fireworks enumerated in 26 chapter 3 of the American pyrotechnics association’s standard 27 87-1 . 28 c. “Novelties” includes all novelties enumerated in chapter 29 3 of the American pyrotechnics association’s standard 87-1, and 30 that comply with the labeling regulations promulgated by the 31 United States consumer product safety commission. 32 2. Display fireworks. 33 a. A person, firm, partnership, or corporation who offers 34 for sale, exposes for sale, sells at retail, or uses or 35 -8- LSB 1107SW (2) 86 gh/nh 8/ 15

S.F. 2113 explodes any display fireworks, commits a simple misdemeanor . 1 In addition to any other penalties, the punishment imposed 2 for a violation of this section shall include assessment 3 of , punishable by a fine of not less than two hundred fifty 4 dollars. However, the a city council of a city or a county 5 board of supervisors may, upon application in writing, grant a 6 permit for the display of display fireworks by municipalities, 7 fair associations, amusement parks, and other organizations 8 or groups of individuals approved by the city or the county 9 board of supervisors when the display fireworks display will 10 be handled by a competent operator, but no such permit shall 11 be required for the display of display fireworks at the Iowa 12 state fairgrounds by the Iowa state fair board, at incorporated 13 county fairs, or at district fairs receiving state aid. Sales 14 of display fireworks for such display may be made for that 15 purpose only. 16 b. (1) A person who uses or explodes display fireworks 17 while the use of such devices is not authorized by an ordinance 18 or resolution adopted by the county or city in which the 19 firework is used commits a simple misdemeanor, punishable by a 20 fine of not less than two hundred fifty dollars. 21 (2) A person who uses or explodes display fireworks while 22 the use of such devices is suspended by an order of the state 23 fire marshal commits a simple misdemeanor, punishable by a fine 24 of not less than two hundred fifty dollars. 25 3. Consumer fireworks and novelties. 26 a. A person or a firm, partnership, or corporation may 27 possess, use, or explode consumer fireworks in accordance with 28 this subsection and subsection 4. 29 b. A person, firm, partnership, or corporation who sells 30 consumer fireworks to a person who is less than eighteen years 31 of age commits a simple misdemeanor, punishable by a fine of 32 not less than two hundred fifty dollars. A person who is less 33 than eighteen years of age who purchases consumer fireworks 34 commits a simple misdemeanor, punishable by a fine of not less 35 -9- LSB 1107SW (2) 86 gh/nh 9/ 15

S.F. 2113 than two hundred fifty dollars. 1 c. (1) A person who uses or explodes consumer fireworks or 2 novelties while the use of such devices is not authorized by an 3 ordinance adopted by the county or city in which the fireworks 4 are used commits a simple misdemeanor, punishable by a fine of 5 not less than two hundred fifty dollars. 6 (2) A person who offers for sale, exposes for sale, or sells 7 at retail consumer fireworks while the sale of such devices is 8 not authorized by an ordinance adopted by the county or city 9 in which the fireworks are sold commits a simple misdemeanor, 10 punishable by a fine of not less than two hundred fifty 11 dollars. 12 (3) A person who uses or explodes consumer fireworks or 13 novelties while the use of such devices is suspended by an 14 order of the state fire marshal commits a simple misdemeanor, 15 punishable by a fine of not less than two hundred fifty 16 dollars. 17 4. Limitations. 18 a. A person shall not use or explode consumer fireworks at 19 times other than between the hours of 9:00 a.m. and 10:00 p.m., 20 except that on the following dates consumer fireworks shall not 21 be used at times other than between the hours of 9:00 a.m. and 22 12:30 a.m. on the immediately following day: 23 (1) Memorial Day and the Saturday and Sunday immediately 24 preceding that day. 25 (2) July 4 and the Saturdays and Sundays immediately 26 preceding and following July 4. 27 (3) Labor Day and the Saturday and Sunday immediately 28 preceding that day. 29 (4) December 31 and the Saturdays and Sundays immediately 30 preceding and following December 31. 31 b. A person shall not use consumer fireworks on real 32 property other than that person’s real property or on the real 33 property of a person who has consented to the use of consumer 34 fireworks on that property. 35 -10- LSB 1107SW (2) 86 gh/nh 10/ 15

S.F. 2113 c. A person who violates this subsection commits a simple 1 misdemeanor. A court shall not order imprisonment for 2 violation of this subsection. 3 3. 5. Applicability. 4 a. This section does not prohibit the sale by a resident, 5 dealer, manufacturer, or jobber of such fireworks as are 6 not prohibited by this section , or the sale of any kind of 7 fireworks if they are to be shipped out of the state, or the 8 sale or use of blank cartridges for a show or the theater, 9 or for signal purposes in athletic sports or by railroads 10 or trucks, for signal purposes, or by a recognized military 11 organization. 12 b. This section does not apply to any substance or 13 composition prepared and sold for medicinal or fumigation 14 purposes. 15 c. Unless specifically provided otherwise, this section does 16 not apply to novelties. 17 Sec. 11. EFFECTIVE UPON ENACTMENT. This division of this 18 Act, being deemed of immediate importance, takes effect upon 19 enactment. 20 DIVISION II 21 RULEMAKING 22 Sec. 12. EMERGENCY RULES. The state fire marshal shall 23 adopt emergency rules under section 17A.4, subsection 3, and 24 section 17A.5, subsection 2, paragraph “b”, to implement 25 the provisions of this Act and the rules shall be effective 26 immediately upon filing unless a later date is specified in the 27 rules. Any rules adopted in accordance with this section shall 28 also be published as a notice of intended action as provided 29 in section 17A.4. 30 Sec. 13. EFFECTIVE UPON ENACTMENT. This division of this 31 Act, being deemed of immediate importance, takes effect upon 32 enactment. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -11- LSB 1107SW (2) 86 gh/nh 11/ 15

S.F. 2113 the explanation’s substance by the members of the general assembly. 1 This bill relates to the regulation of fireworks. 2 The bill provides that the state fire marshal has the duty to 3 enforce all laws, and rules of the department of public safety 4 concerned with the storage, transportation, handling, and use 5 of fireworks. 6 Current law provides that a person, firm, partnership, or 7 corporation who offers for sale, exposes for sale, sells at 8 retail, or uses or explodes any fireworks, commits a simple 9 misdemeanor. Current law, however, also provides that a county 10 board of supervisors or the department of natural resources may 11 grant a permit for the display of fireworks if the fireworks 12 display will be handled by a competent operator. Current 13 law further provides that the term “fireworks” includes any 14 explosive composition, or combination of explosive substances, 15 or article prepared for the purpose of producing a visible 16 or audible effect by combustion, explosion, deflagration, 17 or detonation, including blank cartridges, firecrackers, 18 torpedoes, skyrockets, roman candles, or other fireworks of 19 like construction and fireworks containing any explosive or 20 flammable compound, or other device containing any explosive 21 substance with limited exceptions. 22 The bill maintains these restrictions for display fireworks 23 and provides that the term “display fireworks” shall not 24 include novelties or consumer fireworks. The bill provides 25 definitions for the terms “novelties” and “consumer fireworks”. 26 The bill requires that the state fire marshal establish 27 a consumer fireworks seller license, and requires possession 28 of such a license to legally sell consumer fireworks in this 29 state. The state fire marshal is required to establish a fee 30 schedule for consumer fireworks seller licenses. The bill 31 establishes two classes of consumer fireworks and requires 32 an $800 annual licensing fee for a retailer who devotes 50 33 percent or more of the retailer’s retail floor space to the 34 sale or display of first-class consumer fireworks. Retailers 35 -12- LSB 1107SW (2) 86 gh/nh 12/ 15

S.F. 2113 who devote less than 50 percent of the retailer’s retail 1 floor space to the sale or display of first-class consumer 2 fireworks are required to pay an annual licensing fee of $400. 3 A community group that sells first-class consumer fireworks 4 is required to pay an annual licensing fee of $400. The 5 bill requires an annual licensing fee of $100 for retailers 6 or community groups that sell only second-class consumer 7 fireworks. 8 The bill requires that the state fire marshal adopt rules 9 to require that licensed retailers and community groups only 10 offer consumer fireworks for sale in accordance with specified 11 industry standards. The bill also requires that retailers and 12 community groups provide proof of and maintain public liability 13 and product liability insurance. Under the bill, the state 14 fire marshal is required to adopt rules to permit licensed 15 retailers and community groups to sell consumer fireworks at 16 conforming permanent buildings on a year-round basis and at 17 conforming temporary structures from June 13 to July 11 each 18 year. 19 The bill also provides for the revocation of a consumer 20 fireworks seller license for the intentional violation of 21 licensing requirements. The bill establishes procedures 22 for the revocation of such licenses and procedures for 23 review for such revocations. The bill also establishes a 24 consumer fireworks fee fund under the control of the state 25 fire marshal. The fund shall consist of the fees collected 26 for the licensing of retailers and community groups and the 27 registration of wholesalers. The fund is required to be used 28 for administration and enforcement of the state fire marshal’s 29 consumer fireworks related duties and to provide grants to 30 local fire protection and emergency medical service providers. 31 The bill requires that the state fire marshal adopt rules 32 to require that wholesalers of consumer fireworks annually 33 register with the state fire marshal and allows the state fire 34 marshal to adopt rules related to wholesaler insurance and the 35 -13- LSB 1107SW (2) 86 gh/nh 13/ 15

S.F. 2113 storage and transfer of consumer fireworks by wholesalers. The 1 state fire marshal is also required to establish an annual 2 $1,000 wholesaler registration fee to be deposited in the 3 consumer fireworks fee fund. 4 Under the bill, a violation of a licensing or registration 5 provision 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 at 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 provides that a person who violates such an order by the 24 fire marshal commits a simple misdemeanor, punishable by a fine 25 of at least $250. 26 The bill provides that a county board of supervisors 27 may adopt an ordinance or resolution to authorize the use 28 of consumer fireworks or display fireworks or the sale of 29 consumer fireworks if the use or sale of such devices would not 30 constitute a threat to public safety or a nuisance. The bill 31 also provides that a city council may adopt an ordinance or 32 resolution to authorize the use of consumer fireworks, display 33 fireworks, or novelties or the sale of consumer fireworks if 34 the use or sale of such devices would not constitute a threat 35 -14- LSB 1107SW (2) 86 gh/nh 14/ 15

S.F. 2113 to public safety or a nuisance to landowners. However, a city 1 council may only adopt an ordinance or resolution authorizing 2 the use or sale of fireworks only if the county in which the 3 city is located has also authorized the use or sale of such 4 devices by ordinance or resolution. The bill provides that 5 a person who uses or sells fireworks when the use or sale is 6 not authorized by an ordinance in the city or county in which 7 the devices are used or sold commits a simple misdemeanor, 8 punishable by a fine of at least $250. 9 The bill also provides certain restrictions on the use or 10 explosion of consumer fireworks. The bill prohibits the use or 11 explosion of consumer fireworks at a time other than between 12 the hours of 9:00 a.m. and 10:00 p.m., except on Memorial Day, 13 the 4th of July, Labor Day, and New Year’s Eve, and weekend 14 days near such holidays. On those specified days, the use or 15 explosion of consumer fireworks is prohibited except between 16 the hours of 9:00 a.m. and 12:30 a.m. on the following day. 17 The bill further prohibits the use of fireworks by a person 18 on the real property of another person unless the owner of 19 the real property has consented to such use. Under the bill, 20 a violation of these restrictions is considered a simple 21 misdemeanor, provided, however, that a court shall not order 22 imprisonment for such a violation. 23 The bill requires the state fire marshal to adopt emergency 24 rules to implement the provisions of the bill, which shall be 25 effective immediately upon filing. 26 The bill takes effect upon enactment. 27 -15- LSB 1107SW (2) 86 gh/nh 15/ 15