S.F. 508 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 1107SZ (2) 86 aw/nh 1/ 13

S.F. 508 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 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 1107SZ (2) 86 aw/nh 2/ 13

S.F. 508 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 1107SZ (2) 86 aw/nh 3/ 13

S.F. 508 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 1107SZ (2) 86 aw/nh 4/ 13

S.F. 508 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. NEW SECTION . 100.19A Consumer fireworks wholesaler 19 —— registration —— penalty. 20 1. For purposes of this section: 21 a. “Consumer fireworks” means first-class consumer fireworks 22 and second-class consumer fireworks, as those terms are defined 23 in section 100.19. 24 b. “Wholesaler” means a person who engages in the business 25 of selling or distributing consumer fireworks for the purpose 26 of resale in this state. 27 2. The state fire marshal shall adopt rules to require all 28 wholesalers to register with the state fire marshal. The state 29 fire marshal may also adopt rules to regulate the storage or 30 transfer of consumer fireworks by wholesalers and to require 31 wholesalers to maintain insurance. 32 3. The state fire marshal shall establish a registration fee 33 of one thousand dollars for wholesalers of consumer fireworks 34 within the state. 35 -5- LSB 1107SZ (2) 86 aw/nh 5/ 13

S.F. 508 4. A person who violates a provision of this section or a 1 rule adopted pursuant to this section is guilty of a simple 2 misdemeanor. 3 Sec. 5. Section 101A.1, subsection 3, Code 2015, is amended 4 to read as follows: 5 3. “Explosive” means any chemical compound, mixture 6 or device, the primary or common purpose of which is to 7 function by explosion with substantially instantaneous 8 release of gas and heat, unless such compound, mixture, or 9 device is otherwise specifically classified by the United 10 States department of transportation. The term “explosive” 11 includes all materials which are classified as a class 1, 12 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 13 department of transportation, under 49 C.F.R. §173.50, and all 14 materials classified as explosive materials under 18 U.S.C. 15 §841, and includes, but is not limited to, dynamite, black 16 powder, pellet powders, initiating explosives, blasting caps, 17 electric blasting caps, safety fuse, fuse lighters, fuse 18 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 19 igniter cord, igniters, smokeless propellant, cartridges for 20 propellant-actuated power devices, cartridges for industrial 21 guns, and overpressure devices, but does not include “fireworks” 22 as “consumer fireworks” , “display fireworks” , or “novelties” as 23 those terms are defined in section 727.2 or ammunition or small 24 arms primers manufactured for use in shotguns, rifles, and 25 pistols. Commercial explosives are those explosives which are 26 intended to be used in commercial or industrial operations. 27 Sec. 6. Section 331.301, Code 2015, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 17. The board of supervisors may by 30 resolution suspend the use of display fireworks, as described 31 in section 727.2, if the board determines that the use of such 32 devices would constitute a threat to public safety. 33 Sec. 7. Section 331.304, subsection 9, Code 2015, is amended 34 to read as follows: 35 -6- LSB 1107SZ (2) 86 aw/nh 6/ 13

S.F. 508 9. The board, upon application, may grant permits for the 1 display use of display fireworks as provided in section 727.2 . 2 Sec. 8. Section 461A.42, subsection 2, Code 2015, is amended 3 to read as follows: 4 2. The use of consumer fireworks, display fireworks, and 5 novelties, as defined in section 727.2 , in state parks and 6 preserves is prohibited except as authorized by a permit issued 7 by the department. The commission shall establish, by rule 8 adopted pursuant to chapter 17A , a fireworks permit system 9 which authorizes the issuance of a limited number of permits to 10 qualified persons to use or display fireworks in selected state 11 parks and preserves. 12 Sec. 9. Section 727.2, Code 2015, is amended to read as 13 follows: 14 727.2 Fireworks. 15 1. Definitions. For purposes of this section: 16 a. “Consumer fireworks” includes first-class consumer 17 fireworks and second-class consumer fireworks as those terms 18 are defined in section 100.19, subsection 1. 19 b. The term “fireworks” “Display fireworks” includes any 20 explosive composition, or combination of explosive substances, 21 or article prepared for the purpose of producing a visible 22 or audible effect by combustion, explosion, deflagration, 23 or detonation, and includes blank cartridges, firecrackers, 24 torpedoes, skyrockets, roman candles, or other fireworks of 25 like construction and fireworks containing any explosive or 26 flammable compound, or other device containing any explosive 27 substance. The term “fireworks” “Display fireworks” does not 28 include goldstar-producing sparklers on wires which contain 29 no magnesium or chlorate or perchlorate, flitter sparklers 30 in paper tubes that do not exceed one-eighth of an inch in 31 diameter, toy snakes which contain no mercury, or caps used 32 in cap pistols novelties or consumer fireworks enumerated in 33 chapter 3 of the American pyrotechnics association’s standard 34 87-1 . 35 -7- LSB 1107SZ (2) 86 aw/nh 7/ 13

S.F. 508 c. “Novelties” includes all novelties enumerated in chapter 1 3 of the American pyrotechnics association’s standard 87-1, and 2 that comply with the labeling regulations promulgated by the 3 United States consumer product safety commission. 4 2. Display fireworks. 5 a. A person, firm, partnership, or corporation who offers 6 for sale, exposes for sale, sells at retail, or uses or 7 explodes any display fireworks, commits a simple misdemeanor . 8 In addition to any other penalties, the punishment imposed 9 for a violation of this section shall include assessment 10 of , punishable by a fine of not less than two hundred fifty 11 dollars. However, the a city council of a city or a county 12 board of supervisors may, upon application in writing, grant a 13 permit for the display of display fireworks by municipalities, 14 fair associations, amusement parks, and other organizations 15 or groups of individuals approved by the city or the county 16 board of supervisors when the display fireworks display will 17 be handled by a competent operator, but no such permit shall 18 be required for the display of display fireworks at the Iowa 19 state fairgrounds by the Iowa state fair board, at incorporated 20 county fairs, or at district fairs receiving state aid. Sales 21 of display fireworks for such display may be made for that 22 purpose only. 23 b. (1) A person who uses or explodes display fireworks 24 while the use of such devices is suspended by a resolution 25 adopted by the county in which the firework is used commits a 26 simple misdemeanor, punishable by a fine of not less than two 27 hundred fifty dollars. 28 (2) A person who uses or explodes display fireworks while 29 the use of such devices is suspended by an order of the state 30 fire marshal commits a simple misdemeanor, punishable by a fine 31 of not less than two hundred fifty dollars. 32 3. Consumer fireworks and novelties. 33 a. A person or a firm, partnership, or corporation may 34 possess, use, or explode consumer fireworks in accordance with 35 -8- LSB 1107SZ (2) 86 aw/nh 8/ 13

S.F. 508 this subsection and subsection 4. 1 b. A person, firm, partnership, or corporation who sells 2 consumer fireworks to a person who is less than eighteen years 3 of age commits a simple misdemeanor, punishable by a fine of 4 not less than two hundred fifty dollars. A person who is less 5 than eighteen years of age who purchases consumer fireworks 6 commits a simple misdemeanor, punishable by a fine of not less 7 than two hundred fifty dollars. 8 c. A person who uses or explodes consumer fireworks or 9 novelties while the use of such devices is suspended by an 10 order of the state fire marshal commits a simple misdemeanor, 11 punishable by a fine of not less than two hundred fifty 12 dollars. 13 4. Limitations. 14 a. A person shall not use or explode consumer fireworks at 15 times other than between the hours of 9:00 a.m. and 10:00 p.m., 16 except that on the following dates consumer fireworks shall not 17 be used at times other than between the hours of 9:00 a.m. and 18 12:30 a.m. on the immediately following day: 19 (1) Memorial Day and the Saturday and Sunday immediately 20 preceding that day. 21 (2) July 4 and the Saturdays and Sundays immediately 22 preceding and following July 4. 23 (3) Labor Day and the Saturday and Sunday immediately 24 preceding that day. 25 (4) December 31 and the Saturdays and Sundays immediately 26 preceding and following December 31. 27 b. A person shall not use consumer fireworks on real 28 property other than that person’s real property or on the real 29 property of a person who has consented to the use of consumer 30 fireworks on that property. 31 c. A person who violates this subsection commits a simple 32 misdemeanor punishable by a fine of not less than fifty dollars 33 and not more than five hundred dollars. 34 3. 5. Applicability. 35 -9- LSB 1107SZ (2) 86 aw/nh 9/ 13

S.F. 508 a. This section does not prohibit the sale by a resident, 1 dealer, manufacturer, or jobber of such fireworks as are 2 not prohibited by this section , or the sale of any kind of 3 fireworks if they are to be shipped out of the state, or the 4 sale or use of blank cartridges for a show or the theater, 5 or for signal purposes in athletic sports or by railroads 6 or trucks, for signal purposes, or by a recognized military 7 organization. 8 b. This section does not apply to any substance or 9 composition prepared and sold for medicinal or fumigation 10 purposes. 11 c. Unless specifically provided otherwise, this section does 12 not apply to novelties. 13 Sec. 10. EFFECTIVE DATE. This Act takes effect June 1, 14 2015. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill provides for the legal sale and use of novelties 19 and consumer fireworks within the state. 20 The bill provides that the state fire marshal has the duty to 21 enforce all laws, and rules of the department of public safety 22 concerned with the storage, transportation, handling, and use 23 of fireworks. 24 Current law provides that a person, firm, partnership, or 25 corporation who offers for sale, exposes for sale, sells at 26 retail, or uses or explodes any fireworks, commits a simple 27 misdemeanor. Current law, however, also provides that a county 28 board of supervisors or the department of natural resources may 29 grant a permit for the display of fireworks if the fireworks 30 display will be handled by a competent operator. Current 31 law further provides that the term “fireworks” includes any 32 explosive composition, or combination of explosive substances, 33 or article prepared for the purpose of producing a visible 34 or audible effect by combustion, explosion, deflagration, 35 -10- LSB 1107SZ (2) 86 aw/nh 10/ 13

S.F. 508 or detonation, including blank cartridges, firecrackers, 1 torpedoes, skyrockets, roman candles, or other fireworks of 2 like construction and fireworks containing any explosive or 3 flammable compound, or other device containing any explosive 4 substance with limited exceptions. 5 The bill maintains these restrictions for display fireworks 6 and provides that the term “display fireworks” shall not 7 include novelties or consumer fireworks. The bill provides 8 definitions for the terms “novelties” and “consumer fireworks”. 9 The bill requires that the state fire marshal establish 10 a consumer fireworks seller license, and requires possession 11 of such a license to legally sell consumer fireworks in this 12 state. The state fire marshal is required to establish a fee 13 schedule for consumer fireworks seller licenses. The bill 14 establishes two classes of consumer fireworks and requires 15 an $800 annual licensing fee for a retailer who devotes 50 16 percent or more of the retailer’s retail floor space to the 17 sale or display of first-class consumer fireworks. Retailers 18 who devote less than 50 percent of the retailer’s retail 19 floor space to the sale or display of first-class consumer 20 fireworks are required to pay an annual licensing fee of $400. 21 A community group that sells first-class consumer fireworks 22 is required to pay an annual licensing fee of $400. The 23 bill requires an annual licensing fee of $100 for retailers 24 or community groups that sell only second-class consumer 25 fireworks. 26 The bill requires that the state fire marshal adopt rules 27 to require that licensed retailers and community groups only 28 offer consumer fireworks for sale in accordance with specified 29 industry standards. The bill also requires that retailers and 30 community groups provide proof of and maintain public liability 31 and public liability insurance. Under the bill, the state fire 32 marshal is required to adopt rules to permit licensed retailers 33 and community groups to sell consumer fireworks at conforming 34 permanent buildings on a year-round basis and at conforming 35 -11- LSB 1107SZ (2) 86 aw/nh 11/ 13

S.F. 508 temporary structures from June 13 to July 11 each year. 1 The bill also provides for the revocation of a consumer 2 fireworks seller license for the intentional violation of 3 licensing requirements. The bill establishes procedures 4 for the revocation of such licenses and procedures for 5 review for such revocations. The bill also establishes a 6 consumer fireworks seller license fee fund under the control 7 of the state fire marshal. The fund shall consist of the 8 fees collected for the licensing of retailers and community 9 groups. The fund is required to be used for administration 10 and enforcement of the state fire marshal’s consumer fireworks 11 related duties and to provide grants to local fire protection 12 and emergency medical service providers. 13 The bill requires that the state fire marshal adopt rules to 14 require that wholesalers of consumer fireworks register with 15 the state fire marshal and allows the state fire marshal to 16 adopt rules related to wholesaler insurance and the storage 17 and transfer of consumer fireworks by wholesalers. The state 18 fire marshal is also required to establish a $1,000 wholesaler 19 registration fee. 20 Under the bill, a violation of a licensing or registration 21 provision established in Code or by rule is considered a simple 22 misdemeanor. A simple misdemeanor is punishable by confinement 23 for no more than 30 days or a fine of at least $65 but not more 24 than $625, or by both. 25 The bill provides that a person or a firm, partnership, or 26 corporation may possess consumer fireworks as provided in the 27 bill. The bill provides that a person, firm, partnership, or 28 corporation who sells any consumer firework to a person who 29 is less than 18 years of age commits a simple misdemeanor. 30 A person who is less than 18 years of age who purchases any 31 consumer fireworks commits a simple misdemeanor. A simple 32 misdemeanor is generally punishable by confinement for no more 33 than 30 days or a fine of at least $65 but not more than $625 or 34 by both, but the bill provides for a fine of at least $250. 35 -12- LSB 1107SZ (2) 86 aw/nh 12/ 13

S.F. 508 The bill provides that the state fire marshal may order the 1 suspension of the use of consumer fireworks, display fireworks, 2 or novelties if the fire marshal determines that the use of 3 such devices would constitute a threat to public safety. The 4 bill also provides that a county board of supervisors may adopt 5 a resolution to suspend the use of display fireworks. The bill 6 provides that a person who violates such an order by the state 7 fire marshal or resolution of a county board of supervisors 8 commits a simple misdemeanor, punishable by a fine of at least 9 $250. 10 The bill also provides certain restrictions on the use 11 or explosion of consumer fireworks. The bill prohibits the 12 use or explosion of consumer fireworks at a time other than 13 between the hours of 9:00 a.m. and 10:00 p.m., except on 14 Memorial Day, the 4th of July, Labor Day, and New Year’s Eve, 15 and weekend days near such holidays. On specified days, the 16 use or explosion of consumer fireworks is prohibited except 17 between the hours of 9:00 a.m. and 12:30 a.m. on the following 18 day. The bill further prohibits the use of fireworks by a 19 person on the real property of another person unless the owner 20 of the real property has consented to such use. Under the 21 bill, a violation of these restrictions is considered a simple 22 misdemeanor punishable by a fine of not less than $50 and not 23 more than $500. 24 The bill takes effect June 1, 2015. 25 -13- LSB 1107SZ (2) 86 aw/nh 13/ 13