H.F. 614 DIVISION I 1 FIREWORKS REGULATION 2 Section 1. Section 100.1, subsection 4, paragraph b, Code 3 2015, 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 2015, 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. 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- HF 614 (3) 86 aw/nh/md 1/ 11

H.F. 614 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- HF 614 (3) 86 aw/nh/md 2/ 11

H.F. 614 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 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- HF 614 (3) 86 aw/nh/md 3/ 11

H.F. 614 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- HF 614 (3) 86 aw/nh/md 4/ 11

H.F. 614 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- HF 614 (3) 86 aw/nh/md 5/ 11

H.F. 614 of consumer fireworks within the state. Registration fees 1 collected pursuant to this section shall be deposited in 2 the consumer fireworks fee fund created in section 100.19, 3 subsection 6. 4 4. A person who violates a provision of this section or a 5 rule adopted pursuant to this section is guilty of a simple 6 misdemeanor. 7 Sec. 5. Section 101A.1, subsection 3, Code 2015, is amended 8 to read as follows: 9 3. “Explosive” means any chemical compound, mixture 10 or device, the primary or common purpose of which is to 11 function by explosion with substantially instantaneous 12 release of gas and heat, unless such compound, mixture, or 13 device is otherwise specifically classified by the United 14 States department of transportation. The term “explosive” 15 includes all materials which are classified as a class 1, 16 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 17 department of transportation, under 49 C.F.R. §173.50, and all 18 materials classified as explosive materials under 18 U.S.C. 19 §841, and includes, but is not limited to, dynamite, black 20 powder, pellet powders, initiating explosives, blasting caps, 21 electric blasting caps, safety fuse, fuse lighters, fuse 22 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 23 igniter cord, igniters, smokeless propellant, cartridges for 24 propellant-actuated power devices, cartridges for industrial 25 guns, and overpressure devices, but does not include “fireworks” 26 as “consumer fireworks” , “display fireworks” , or “novelties” as 27 those terms are defined in section 727.2 or ammunition or small 28 arms primers manufactured for use in shotguns, rifles, and 29 pistols. Commercial explosives are those explosives which are 30 intended to be used in commercial or industrial operations. 31 Sec. 6. Section 331.301, Code 2015, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 17. The board of supervisors may by 34 ordinance or resolution limit or restrict the use of consumer 35 -6- HF 614 (3) 86 aw/nh/md 6/ 11

H.F. 614 fireworks or display fireworks, as described in section 727.2, 1 if the board determines that the use of such devices would 2 constitute a threat to public safety or private property, or 3 if the board determines that the use of such devices would 4 constitute a nuisance to neighboring landowners. 5 Sec. 7. Section 331.304, subsection 9, Code 2015, is amended 6 to read as follows: 7 9. The board, upon application, may grant permits for the 8 display use of display fireworks as provided in section 727.2 . 9 Sec. 8. Section 364.2, Code 2015, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 6. A city council may by ordinance or 12 resolution prohibit or limit the use of consumer fireworks, 13 display fireworks, or novelties, as described in section 727.2. 14 Sec. 9. Section 461A.42, subsection 2, Code 2015, is amended 15 to read as follows: 16 2. The use of consumer fireworks or display fireworks, 17 as defined in section 727.2 , in state parks and preserves is 18 prohibited except as authorized by a permit issued by the 19 department. The commission shall establish, by rule adopted 20 pursuant to chapter 17A , a fireworks permit system which 21 authorizes the issuance of a limited number of permits to 22 qualified persons to use or display fireworks in selected state 23 parks and preserves. 24 Sec. 10. Section 727.2, Code 2015, is amended to read as 25 follows: 26 727.2 Fireworks. 27 1. Definitions. For purposes of this section: 28 a. “Consumer fireworks” includes first-class consumer 29 fireworks and second-class consumer fireworks as those terms 30 are defined in section 100.19, subsection 1. 31 b. The term “fireworks” “Display 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 -7- HF 614 (3) 86 aw/nh/md 7/ 11

H.F. 614 or detonation, and includes 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. The term “fireworks” “Display fireworks” does not 5 include goldstar-producing sparklers on wires which contain 6 no magnesium or chlorate or perchlorate, flitter sparklers 7 in paper tubes that do not exceed one-eighth of an inch in 8 diameter, toy snakes which contain no mercury, or caps used 9 in cap pistols novelties or consumer fireworks enumerated in 10 chapter 3 of the American pyrotechnics association’s standard 11 87-1 . 12 c. “Novelties” includes all novelties enumerated in chapter 13 3 of the American pyrotechnics association’s standard 87-1, and 14 that comply with the labeling regulations promulgated by the 15 United States consumer product safety commission. 16 2. Display fireworks. 17 a. A person, firm, partnership, or corporation who offers 18 for sale, exposes for sale, sells at retail, or uses or 19 explodes any display fireworks, commits a simple misdemeanor . 20 In addition to any other penalties, the punishment imposed 21 for a violation of this section shall include assessment 22 of , punishable by a fine of not less than two hundred fifty 23 dollars. However, the a city council of a city or a county 24 board of supervisors may, upon application in writing, grant a 25 permit for the display of display fireworks by municipalities, 26 fair associations, amusement parks, and other organizations 27 or groups of individuals approved by the city or the county 28 board of supervisors when the display fireworks display will 29 be handled by a competent operator, but no such permit shall 30 be required for the display of display fireworks at the Iowa 31 state fairgrounds by the Iowa state fair board, at incorporated 32 county fairs, or at district fairs receiving state aid. Sales 33 of display fireworks for such display may be made for that 34 purpose only. 35 -8- HF 614 (3) 86 aw/nh/md 8/ 11

H.F. 614 b. (1) A person who uses or explodes display fireworks 1 while the use of such devices is prohibited or limited by an 2 ordinance adopted by the county or city in which the firework 3 is used commits a simple misdemeanor, punishable by a fine of 4 not less than two hundred fifty dollars. 5 (2) A person who uses or explodes display fireworks while 6 the use of such devices is suspended by an order of the state 7 fire marshal commits a simple misdemeanor, punishable by a fine 8 of not less than two hundred fifty dollars. 9 3. Consumer fireworks and novelties. 10 a. A person or a firm, partnership, or corporation may 11 possess, use, or explode consumer fireworks in accordance with 12 this subsection and subsection 4. 13 b. A person, firm, partnership, or corporation who sells 14 consumer fireworks to a person who is less than eighteen years 15 of age commits a simple misdemeanor, punishable by a fine of 16 not less than two hundred fifty dollars. A person who is less 17 than eighteen years of age who purchases consumer fireworks 18 commits a simple misdemeanor, punishable by a fine of not less 19 than two hundred fifty dollars. 20 c. (1) A person who uses or explodes consumer fireworks 21 or novelties while the use of such devices is prohibited or 22 limited by an ordinance adopted by the county or city in which 23 the fireworks are used commits a simple misdemeanor, punishable 24 by a fine of not less than two hundred fifty dollars. 25 (2) A person who uses or explodes consumer fireworks or 26 novelties while the use of such devices is suspended by an 27 order of the state fire marshal commits a simple misdemeanor, 28 punishable by a fine of not less than two hundred fifty 29 dollars. 30 4. Limitations. 31 a. A person shall not use or explode consumer fireworks at 32 times other than between the hours of 9:00 a.m. and 10:00 p.m., 33 except that on the following dates consumer fireworks shall not 34 be used at times other than between the hours of 9:00 a.m. and 35 -9- HF 614 (3) 86 aw/nh/md 9/ 11

H.F. 614 12:30 a.m. on the immediately following day: 1 (1) Memorial Day and the Saturday and Sunday immediately 2 preceding that day. 3 (2) July 4 and the Saturdays and Sundays immediately 4 preceding and following July 4. 5 (3) Labor Day and the Saturday and Sunday immediately 6 preceding that day. 7 (4) December 31 and the Saturdays and Sundays immediately 8 preceding and following December 31. 9 b. A person shall not use consumer fireworks on real 10 property other than that person’s real property or on the real 11 property of a person who has consented to the use of consumer 12 fireworks on that property. 13 c. A person who violates this subsection commits a simple 14 misdemeanor. A court shall not order imprisonment for 15 violation of this subsection. 16 3. 5. Applicability. 17 a. This section does not prohibit the sale by a resident, 18 dealer, manufacturer, or jobber of such fireworks as are 19 not prohibited by this section , or the sale of any kind of 20 fireworks if they are to be shipped out of the state, or the 21 sale or use of blank cartridges for a show or the theater, 22 or for signal purposes in athletic sports or by railroads 23 or trucks, for signal purposes, or by a recognized military 24 organization. 25 b. This section does not apply to any substance or 26 composition prepared and sold for medicinal or fumigation 27 purposes. 28 c. Unless specifically provided otherwise, this section does 29 not apply to novelties. 30 Sec. 11. EFFECTIVE DATE. This division of this Act takes 31 effect December 1, 2015. 32 DIVISION II 33 RULEMAKING 34 Sec. 12. EMERGENCY RULES. The state fire marshal shall 35 -10- HF 614 (3) 86 aw/nh/md 10/ 11

H.F. 614 adopt emergency rules under section 17A.4, subsection 3, and 1 section 17A.5, subsection 2, paragraph “b”, to implement 2 the provisions of this Act and the rules shall be effective 3 immediately upon filing unless a later date is specified in the 4 rules. Any rules adopted in accordance with this section shall 5 also be published as a notice of intended action as provided 6 in section 17A.4. 7 Sec. 13. EFFECTIVE UPON ENACTMENT. This division of this 8 Act, being deemed of immediate importance, takes effect upon 9 enactment. 10 -11- HF 614 (3) 86 aw/nh/md 11/ 11