S.F. 226 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 an individual or entity engaged in 34 this state in the business of selling consumer fireworks, as 35 -1- LSB 1107SV (1) 86 aw/nh 1/ 12

S.F. 226 described in APA 87-1, chapter 3, on a retail basis. 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 four 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 two 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 1107SV (1) 86 aw/nh 2/ 12

S.F. 226 of two 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 4 twenty-five 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 1107SV (1) 86 aw/nh 3/ 12

S.F. 226 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 or 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 seller license fee fund is 26 created in the state treasury under the control of the state 27 fire marshal. Notwithstanding section 12C.7, interest or 28 earnings on moneys in the consumer fireworks seller license fee 29 fund shall be credited to the consumer fireworks seller license 30 fee fund. Moneys in the fund are appropriated to the state 31 fire marshal to be used to fulfill the responsibilities of 32 the state fire marshal for the administration and enforcement 33 of this section and to provide grants pursuant to paragraph 34 “b” . The fund shall include the fees collected by the state 35 -4- LSB 1107SV (1) 86 aw/nh 4/ 12

S.F. 226 fire marshal under the fee schedule established pursuant to 1 subsection 3. 2 b. The state fire marshal shall establish a local fire 3 protection and emergency medical service providers grant 4 program to provide grants to local fire protection service 5 providers and local emergency medical service providers to 6 establish or provide fireworks safety education programming 7 to members of the public. The state fire marshal may also 8 provide grants to local fire protection service providers and 9 local emergency medical service providers for the purchase 10 of necessary enforcement, protection, or emergency response 11 equipment related to the sale and use of consumer fireworks in 12 this state. 13 7. The state fire marshal shall adopt rules for the 14 administration of this section. 15 8. A person who violates a provision of this section or a 16 rule adopted pursuant to this section is guilty of a simple 17 misdemeanor. 18 Sec. 4. Section 101A.1, subsection 3, Code 2015, is amended 19 to read as follows: 20 3. “Explosive” means any chemical compound, mixture 21 or device, the primary or common purpose of which is to 22 function by explosion with substantially instantaneous 23 release of gas and heat, unless such compound, mixture, or 24 device is otherwise specifically classified by the United 25 States department of transportation. The term “explosive” 26 includes all materials which are classified as a class 1, 27 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 28 department of transportation, under 49 C.F.R. §173.50, and all 29 materials classified as explosive materials under 18 U.S.C. 30 §841, and includes, but is not limited to, dynamite, black 31 powder, pellet powders, initiating explosives, blasting caps, 32 electric blasting caps, safety fuse, fuse lighters, fuse 33 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 34 igniter cord, igniters, smokeless propellant, cartridges for 35 -5- LSB 1107SV (1) 86 aw/nh 5/ 12

S.F. 226 propellant-actuated power devices, cartridges for industrial 1 guns, and overpressure devices, but does not include “fireworks” 2 as “consumer fireworks” , “display fireworks” , or “novelties” as 3 those terms are defined in section 727.2 or ammunition or small 4 arms primers manufactured for use in shotguns, rifles, and 5 pistols. Commercial explosives are those explosives which are 6 intended to be used in commercial or industrial operations. 7 Sec. 5. Section 331.301, Code 2015, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 17. The board of supervisors may by 10 resolution suspend the use of display fireworks, as described 11 in section 727.2, if the board determines that the use of such 12 devices would constitute a threat to public safety. 13 Sec. 6. Section 331.304, subsection 9, Code 2015, is amended 14 to read as follows: 15 9. The board, upon application, may grant permits for the 16 display use of display fireworks as provided in section 727.2 . 17 Sec. 7. Section 461A.42, subsection 2, Code 2015, is amended 18 to read as follows: 19 2. The use of consumer fireworks, display fireworks, and 20 novelties, as defined in section 727.2 , in state parks and 21 preserves is prohibited except as authorized by a permit issued 22 by the department. The commission shall establish, by rule 23 adopted pursuant to chapter 17A , a fireworks permit system 24 which authorizes the issuance of a limited number of permits to 25 qualified persons to use or display fireworks in selected state 26 parks and preserves. 27 Sec. 8. Section 727.2, Code 2015, is amended to read as 28 follows: 29 727.2 Fireworks. 30 1. Definitions. For purposes of this section: 31 a. “Consumer fireworks” includes first-class consumer 32 fireworks and second-class consumer fireworks as those terms 33 are defined in section 100.19, subsection 1. 34 b. The term “fireworks” “Display fireworks” includes any 35 -6- LSB 1107SV (1) 86 aw/nh 6/ 12

S.F. 226 explosive composition, or combination of explosive substances, 1 or article prepared for the purpose of producing a visible 2 or audible effect by combustion, explosion, deflagration, 3 or detonation, and includes blank cartridges, firecrackers, 4 torpedoes, skyrockets, roman candles, or other fireworks of 5 like construction and fireworks containing any explosive or 6 flammable compound, or other device containing any explosive 7 substance. The term “fireworks” “Display fireworks” does not 8 include goldstar-producing sparklers on wires which contain 9 no magnesium or chlorate or perchlorate, flitter sparklers 10 in paper tubes that do not exceed one-eighth of an inch in 11 diameter, toy snakes which contain no mercury, or caps used 12 in cap pistols novelties or consumer fireworks enumerated in 13 chapter 3 of the American pyrotechnics association’s standard 14 87-1 . 15 c. “Novelties” includes all novelties enumerated in chapter 16 3 of the American pyrotechnics association’s standard 87-1, and 17 that comply with the labeling regulations promulgated by the 18 United States consumer product safety commission. 19 2. Display fireworks. 20 a. A person, firm, partnership, or corporation who offers 21 for sale, exposes for sale, sells at retail, or uses or 22 explodes any display fireworks, commits a simple misdemeanor . 23 In addition to any other penalties, the punishment imposed 24 for a violation of this section shall include assessment 25 of , punishable by a fine of not less than two hundred fifty 26 dollars. However, the a city council of a city or a county 27 board of supervisors may, upon application in writing, grant a 28 permit for the display of display fireworks by municipalities, 29 fair associations, amusement parks, and other organizations 30 or groups of individuals approved by the city or the county 31 board of supervisors when the display fireworks display will 32 be handled by a competent operator, but no such permit shall 33 be required for the display of display fireworks at the Iowa 34 state fairgrounds by the Iowa state fair board, at incorporated 35 -7- LSB 1107SV (1) 86 aw/nh 7/ 12

S.F. 226 county fairs, or at district fairs receiving state aid. Sales 1 of display fireworks for such display may be made for that 2 purpose only. 3 b. (1) A person who uses or explodes display fireworks 4 while the use of such devices is suspended by a resolution 5 adopted by the county in which the firework is used commits a 6 simple misdemeanor, punishable by a fine of not less than two 7 hundred fifty dollars. 8 (2) A person who uses or explodes display fireworks while 9 the use of such devices is suspended by an order of the state 10 fire marshal commits a simple misdemeanor, punishable by a fine 11 of not less than two hundred fifty dollars. 12 3. Consumer fireworks and novelties. 13 a. A person or a firm, partnership, or corporation may 14 possess, use, or explode consumer fireworks in accordance with 15 this subsection and subsection 4. 16 b. A person, firm, partnership, or corporation who sells 17 consumer fireworks to a person who is less than eighteen years 18 of age commits a simple misdemeanor, punishable by a fine of 19 not less than two hundred fifty dollars. A person who is less 20 than eighteen years of age who purchases consumer fireworks 21 commits a simple misdemeanor, punishable by a fine of not less 22 than two hundred fifty dollars. 23 c. A person who uses or explodes consumer fireworks or 24 novelties while the use of such devices is suspended by an 25 order of the state fire marshal commits a simple misdemeanor, 26 punishable by a fine of not less than two hundred fifty 27 dollars. 28 4. Limitations. 29 a. A person shall not use or explode consumer fireworks at 30 times other than between the hours of 9:00 a.m. and 10:00 p.m., 31 except that on the following dates consumer fireworks shall not 32 be used at times other than between the hours of 9:00 a.m. and 33 12:30 a.m. on the immediately following day: 34 (1) Memorial Day and the Saturday and Sunday immediately 35 -8- LSB 1107SV (1) 86 aw/nh 8/ 12

S.F. 226 preceding that day. 1 (2) July 4 and the Saturdays and Sundays immediately 2 preceding and following July 4. 3 (3) Labor Day and the Saturday and Sunday immediately 4 preceding that day. 5 (4) December 31 and the Saturdays and Sundays immediately 6 preceding and following December 31. 7 b. A person shall not use consumer fireworks on real 8 property other than that person’s real property or on the real 9 property of a person who has consented to the use of consumer 10 fireworks on that property. 11 c. A person who violates this subsection commits a simple 12 misdemeanor punishable by a fine of not less than fifty dollars 13 and not more than five hundred dollars. 14 3. 5. Applicability. 15 a. This section does not prohibit the sale by a resident, 16 dealer, manufacturer, or jobber of such fireworks as are 17 not prohibited by this section , or the sale of any kind of 18 fireworks if they are to be shipped out of the state, or the 19 sale or use of blank cartridges for a show or the theater, 20 or for signal purposes in athletic sports or by railroads 21 or trucks, for signal purposes, or by a recognized military 22 organization. 23 b. This section does not apply to any substance or 24 composition prepared and sold for medicinal or fumigation 25 purposes. 26 c. Unless specifically provided otherwise, this section does 27 not apply to novelties. 28 Sec. 9. EFFECTIVE DATE. This Act takes effect June 1, 2015. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill provides for the legal sale and use of novelties 33 and consumer fireworks within the state. 34 The bill provides that the state fire marshal has the duty to 35 -9- LSB 1107SV (1) 86 aw/nh 9/ 12

S.F. 226 enforce all laws, and rules of the department of public safety 1 concerned with the storage, transportation, handling, and use 2 of fireworks. 3 Current law provides that a person, firm, partnership, or 4 corporation who offers for sale, exposes for sale, sells at 5 retail, or uses or explodes any fireworks, commits a simple 6 misdemeanor. Current law, however, also provides that a county 7 board of supervisors or the department of natural resources may 8 grant a permit for the display of fireworks if the fireworks 9 display will be handled by a competent operator. Current 10 law further provides that the term “fireworks” includes any 11 explosive composition, or combination of explosive substances, 12 or article prepared for the purpose of producing a visible 13 or audible effect by combustion, explosion, deflagration, 14 or detonation, including blank cartridges, firecrackers, 15 torpedoes, skyrockets, roman candles, or other fireworks of 16 like construction and fireworks containing any explosive or 17 flammable compound, or other device containing any explosive 18 substance with limited exceptions. 19 The bill maintains these restrictions for display fireworks 20 and provides that the term “display fireworks” shall not 21 include novelties or consumer fireworks. The bill provides 22 definitions for the terms “novelties” and “consumer fireworks”. 23 The bill requires that the state fire marshal establish 24 a consumer fireworks seller license, and requires possession 25 of such a license to legally sell consumer fireworks in this 26 state. The state fire marshal is required to establish a fee 27 schedule for consumer fireworks seller licenses. The bill 28 establishes two classes of consumer fireworks and requires 29 a $400 annual licensing fee for a retailer who devotes 50 30 percent or more of the retailer’s retail floor space to the 31 sale or display of first-class consumer fireworks. Retailers 32 who devote less than 50 percent of the retailer’s retail 33 floor space to the sale or display of first-class consumer 34 fireworks are required to pay an annual licensing fee of $200. 35 -10- LSB 1107SV (1) 86 aw/nh 10/ 12

S.F. 226 A community group that sells first-class consumer fireworks 1 is required to pay an annual licensing fee of $200. The 2 bill requires an annual licensing fee of $25 for retailers 3 or community groups that sell only second-class consumer 4 fireworks. 5 The bill requires that the state fire marshal adopt rules 6 to require that licensed retailers and community groups only 7 offer consumer fireworks for sale in accordance with specified 8 industry standards. The bill also requires that retailers and 9 community groups provide proof of and maintain public liability 10 and public liability insurance. Under the bill, the state fire 11 marshal is required to adopt rules to permit licensed retailers 12 and community groups to sell consumer fireworks at conforming 13 permanent buildings on a year-round basis and at conforming 14 temporary structures from June 13 to July 11 each year. 15 The bill also provides for the revocation of a consumer 16 fireworks seller license for the intentional violation of 17 licensing requirements. The bill establishes procedures 18 for the revocation of such licenses and procedures for 19 review for such revocations. The bill also establishes a 20 consumer fireworks seller license fee fund under the control 21 of the state fire marshal. The fund shall consist of the 22 fees collected for the licensing of retailers and community 23 groups. The fund is required to be used for administration 24 and enforcement of the state fire marshal’s consumer fireworks 25 related duties and to provide grants to local fire protection 26 and emergency medical service providers. 27 Under the bill, a violation of a licensing provision 28 established in Code or by rule is considered a simple 29 misdemeanor. A simple misdemeanor is punishable by confinement 30 for no more than 30 days or a fine of at least $65 but not more 31 than $625, or by both. 32 The bill provides that a person or a firm, partnership, or 33 corporation may possess consumer fireworks as provided in the 34 bill. The bill provides that a person, firm, partnership, or 35 -11- LSB 1107SV (1) 86 aw/nh 11/ 12

S.F. 226 corporation who sells any consumer firework to a person who 1 is less than 18 years of age commits a simple misdemeanor. 2 A person who is less than 18 years of age who purchases any 3 consumer fireworks commits a simple misdemeanor. A simple 4 misdemeanor is generally punishable by confinement for no more 5 than 30 days or a fine of at least $65 but not more than $625 or 6 by both, but the bill provides for a fine of a least $250. 7 The bill provides that the state fire marshal may order the 8 suspension of the use of consumer fireworks, display fireworks, 9 or novelties if the fire marshal determines that the use of 10 such devices would constitute a threat to public safety. The 11 bill also provides that a county board of supervisors may adopt 12 a resolution to suspend the use of display fireworks. The bill 13 provides that a person who violates such an order by the state 14 fire marshal or resolution of a county board of supervisors 15 commits a simple misdemeanor, punishable by a fine of at least 16 $250. 17 The bill also provides certain restrictions on the use 18 or explosion of consumer fireworks. The bill prohibits the 19 use or explosion of consumer fireworks at a time other than 20 between the hours of 9:00 a.m. and 10:00 p.m., except on 21 Memorial Day, the 4th of July, Labor Day, and New Year’s Eve, 22 and weekend days near such holidays. On specified days, the 23 use or explosion of consumer fireworks is prohibited except 24 between the hours of 9:00 a.m. and 12:30 a.m. on the following 25 day. The bill further prohibits the use of fireworks by a 26 person on the real property of another person unless the owner 27 of the real property has consented to such use. Under the 28 bill, a violation of these restrictions is considered a simple 29 misdemeanor punishable by a fine of not less than $50 and not 30 more than $500. 31 The bill will take effect June 1, 2015. 32 -12- LSB 1107SV (1) 86 aw/nh 12/ 12