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Senate Study Bill 1035 - IntroducedA Bill ForAn Act 1modifying provisions relating to the regulation and
2sale of certain fireworks, making penalties applicable, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 9C.1, subsection 3, Code 2019, is amended
2to read as follows:
33. The provisions of this chapter shall not be construed
4to apply to persons selling at wholesale to merchants, nor to
5transient vendors of drugs, nor to persons running a huckster
6wagon, or selling or distributing livestock feeds, fresh meats,
7fish, fruit, or vegetables, nor to persons selling consumer
8fireworks, display fireworks, or novelties, as those terms are
9defined in section 727.2, nor to persons selling their own work
10or production either by themselves or employees.
11 Sec. 2. Section 100.19, Code 2019, is amended by adding the
12following new subsections:
13 NEW SUBSECTION. 3A. a. The state fire marshal shall
14approve or deny a completed application for a consumer
15fireworks seller license, submitted on or before April 30, no
16later than the following June 1 for an application to sell
17consumer fireworks at a permanent building, or no later than
18the following June 13 for an application to sell consumer
19fireworks at a temporary structure.
20b. If the state fire marshal fails to act on a completed
21application for a license within the applicable time frame as
22specified in paragraph “a”, the application shall be deemed
23approved. This paragraph shall not restrict the authority of
24the state fire marshal to revoke a license approved pursuant to
25this paragraph for any intentional violation of this section,
26in accordance with subsection 6.
27 NEW SUBSECTION. 7A. a. The state fire marshal shall have
28sole authority to require or authorize inspections relating to
29consumer fireworks seller licensing pursuant to this section.
30A city or county shall not have the authority to require or
31authorize any inspection relating to consumer fireworks seller
32licensing, provided, however, that the state fire marshal may
33authorize a city or county employee to conduct an inspection on
34behalf of the state fire marshal.
35b. Any inspection required or authorized by the state fire
-1-1marshal relating to consumer fireworks seller licensing shall
2be paid from moneys deposited in the consumer fireworks fee
3fund created in subsection 7, paragraph “a”, regardless of
4whether the inspection is conducted by the state fire marshal
5or any other person authorized by the state fire marshal.
6 Sec. 3. Section 100.19, subsection 4, Code 2019, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. d. Prohibit a retailer or community group
9issued a license pursuant to this section to sell consumer
10fireworks, as described in APA 87-1, chapter 3, in any
11residential zone or district.
12 Sec. 4. NEW SECTION. 100.19B Fireworks regulation —
13uniform application.
141. In order to provide for the uniform application of
15the provisions of sections 100.19, 100.19A, 727.2, and any
16other provision relating to the regulation of fireworks within
17this state, it is intended that the sole and only regulation
18of fireworks in the state, including consumer fireworks,
19display fireworks, and novelties, shall be those enacted by
20the general assembly and attendant rules allowed thereunder
21by the division of the state fire marshal. A municipality,
22county, or other governmental unit within this state shall not
23make any law, ordinance, or regulation relating to consumer
24fireworks, display fireworks, or novelties, except as provided
25in subsection 3. All such laws, ordinances, or regulations
26existing on the effective date of this Act shall be or become
27void, unenforceable, and of no effect.
282. A municipality, county, or other governmental unit
29that adopts or enforces any law, ordinance, or regulation in
30violation of this section shall be liable for court costs,
31expenses, and reasonable attorney fees incurred by a prevailing
32party bringing a claim against the municipality, county, or
33other governmental unit based on the adoption or enforcement of
34the law, ordinance, or regulation.
353. a. This section shall not limit the authority of
-2-1a city or county to prohibit or limit the use of consumer
2fireworks pursuant to section 331.301, subsection 17, or 364.2,
3subsection 6, or to grant permits for the display of display
4fireworks pursuant to section 727.2, subsection 2, paragraph
5“a”.
6b. This section shall not limit the authority of the
7department of natural resources to issue permits for the use
8of consumer fireworks and display fireworks in state parks and
9preserves pursuant to section 461A.42, subsection 2.
104. For purposes of this section, “consumer fireworks”,
11“display fireworks”, and “novelties” means the same as those
12terms are defined in section 727.2.
13 Sec. 5. Section 331.301, subsection 17, Code 2019, is
14amended to read as follows:
1517. The board of supervisors may by ordinance or resolution
16prohibit or limit the use of consumer fireworks or display
17fireworks, as described in section 727.2, if the board
18determines that the use of such devices would constitute a
19threat to public safety or private property, or if the board
20determines that the use of such devices would constitute a
21nuisance to neighboring landowners on dates and at times that
22are more stringent than the limitations described in section
23727.2, subsection 4, provided, however, that the board of
24supervisors shall not prohibit or limit the use of consumer
25fireworks on July 4 as otherwise provided in section 727.2,
26subsection 4.
27 Sec. 6. NEW SECTION. 335.2A Sale of consumer fireworks —
28limitation.
29A county shall not adopt or enforce any ordinance under
30this chapter to regulate, restrict, or prohibit the location
31of permanent buildings or temporary structures used for the
32sale of consumer fireworks pursuant to section 100.19, in any
33location zoned for commercial or industrial purposes.
34 Sec. 7. Section 364.2, subsection 6, Code 2019, is amended
35to read as follows:
-3- 16. A city council may by ordinance or resolution prohibit
2or limit the use of consumer fireworks, display fireworks,
3or novelties, as described in section 727.2, on dates and at
4times that are more stringent than the limitations described
5in section 727.2, subsection 4, provided, however, that a
6city council shall not prohibit or limit the use of consumer
7fireworks on July 4 as otherwise provided in section 727.2,
8subsection 4.
9 Sec. 8. Section 414.1, subsection 1, Code 2019, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. c. A city shall not adopt or enforce any
12regulation or restriction under this chapter to regulate,
13restrict, or prohibit the location of permanent buildings or
14temporary structures used for the sale of consumer fireworks
15pursuant to section 100.19, in any location zoned for
16commercial or industrial purposes.
17 Sec. 9. Section 727.2, subsection 4, paragraph b, Code 2019,
18is amended to read as follows:
19b. A person shall not use or explode consumer fireworks at
20times other than between the hours of 9:00 a.m.and 10:00 p.m.,
21except that on the following dates consumer fireworks shall not
22be used at times other than between the hours specified:
23(1) Between the hours of 9:00 a.m.and 11:00 p.m.on July 4
24and the Fridays and Saturdays and Sundays immediately preceding
25and following July 4.
26(2) Between the hours of 9:00 a.m.on December 31 and 12:30
27a.m.on the immediately following day.
28(3) Between the hours of 9:00 a.m.and 11:00 p.m.on the
29Fridays and Saturdays and Sundays immediately preceding and
30following December 31.
31 Sec. 10. Section 727.2, subsection 4, Code 2019, is amended
32by adding the following new paragraph:
33 NEW PARAGRAPH. 0c. A city or county may prohibit or limit
34the use of consumer fireworks on dates and at times that are
35more stringent than the limitations described in paragraphs “a”
-4-1and “b”, except for times applicable to July 4, pursuant to
2section 331.301, subsection 17, or 364.2, subsection 6.
3 Sec. 11. EFFECTIVE DATE. This Act, being deemed of
4immediate importance, takes effect upon enactment.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill modifies provisions relating to the regulation and
9sale of certain fireworks.
10Current Code chapter 9C requires persons bringing any goods,
11wares, or merchandise into Iowa with the intent to sell such
12goods, wares, or merchandise to obtain a transient merchant
13license, unless otherwise exempted from licensure. The bill
14provides that these licensure requirements shall not apply
15to persons selling consumer fireworks, display fireworks, or
16novelties, as those terms are defined in Code section 727.2.
17Current Code section 100.19 requires the state fire
18marshal to regulate the sale of consumer fireworks in Iowa
19by establishing licensure requirements and issuing consumer
20fireworks seller licenses to retailers and community groups.
21The bill requires the state fire marshal to approve or deny a
22completed application for a consumer fireworks seller license,
23submitted on or before April 30, no later than the following
24June 1 for an application to sell at a permanent building, or
25no later than the following June 13 for an application to sell
26at a temporary structure. If the state fire marshal fails
27to act on a completed application within the applicable time
28frame, the application shall be deemed approved. However, the
29state fire marshal may revoke an approved application for any
30intentional violation of Code section 100.19 in accordance with
31that Code section.
32The bill provides that the state fire marshal shall adopt
33rules to prohibit the sale of consumer fireworks in any
34residential zone or district.
35The bill provides that the state fire marshal shall have the
-5-1sole authority to require or authorize inspections relating
2to consumer fireworks seller licensure. A city or county
3shall not have the authority to require or authorize any such
4inspection, but the state fire marshal may authorize a city or
5county employee to conduct an inspection on behalf of the state
6fire marshal. The bill provides that any inspection required
7or authorized by the state fire marshal shall be paid from
8moneys deposited in the consumer fireworks fee fund created in
9Code section 100.19(7)(a), regardless of whether the state fire
10marshal or another authorized person conducts the inspection.
11The bill provides that the sole and only regulation of
12fireworks in Iowa, including consumer fireworks, display
13fireworks, and novelties, as those terms are defined in Code
14section 727.2, shall be those enacted by the general assembly
15and any rules provided by the division of the state fire
16marshal. A municipality, county, or other governmental unit in
17Iowa shall not make any law, ordinance, or regulation relating
18to such fireworks, except as specified in the bill. All such
19regulations adopted or enforced by a municipality, county, or
20other governmental unit in existence on the effective date of
21the bill shall become void and unenforceable. If a claim is
22brought against a municipality, county, or other governmental
23unit based on the adoption or enforcement of a regulation in
24violation of the bill, the municipality, county, or other
25governmental unit shall be liable for court costs, expenses,
26and reasonable attorney fees incurred by a prevailing party.
27Current law allows a county to prohibit or limit the use
28of consumer fireworks or display fireworks under specified
29circumstances. Current law also allows a city to prohibit or
30limit the use of consumer fireworks, display fireworks, or
31novelties. The bill modifies these provisions by providing
32that a city or county may by ordinance or resolution prohibit
33or limit the use of consumer fireworks on dates and at times
34that are more stringent than the limitations described in Code
35section 727.2(4), except for times applicable to July 4.
-6- 1The bill provides that a city or county shall not adopt or
2enforce any zoning regulation under Code chapter 335 or 414
3to regulate, restrict, or prohibit the location of permanent
4buildings or temporary structures used for the sale of consumer
5fireworks pursuant to Code section 100.19, in any location
6zoned for commercial or industrial purposes.
7Current Code section 727.2(4) authorizes the use of consumer
8fireworks on certain days and at certain times, including the
9Saturdays and Sundays immediately preceding and following
10July 4 and December 31. The bill replaces “Saturdays and
11Sundays” with “Fridays and Saturdays”. A person who violates
12Code section 727.2(4) commits a simple misdemeanor. A simple
13misdemeanor is punishable by confinement for no more than 30
14days or a fine of at least $65 but not more than $625 or by
15both. However, a court shall not order imprisonment for a
16violation of Code section 727.2(4).
17The bill takes effect upon enactment.
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2sale of certain fireworks, making penalties applicable, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 9C.1, subsection 3, Code 2019, is amended
2to read as follows:
33. The provisions of this chapter shall not be construed
4to apply to persons selling at wholesale to merchants, nor to
5transient vendors of drugs, nor to persons running a huckster
6wagon, or selling or distributing livestock feeds, fresh meats,
7fish, fruit, or vegetables, nor to persons selling consumer
8fireworks, display fireworks, or novelties, as those terms are
9defined in section 727.2, nor to persons selling their own work
10or production either by themselves or employees.
11 Sec. 2. Section 100.19, Code 2019, is amended by adding the
12following new subsections:
13 NEW SUBSECTION. 3A. a. The state fire marshal shall
14approve or deny a completed application for a consumer
15fireworks seller license, submitted on or before April 30, no
16later than the following June 1 for an application to sell
17consumer fireworks at a permanent building, or no later than
18the following June 13 for an application to sell consumer
19fireworks at a temporary structure.
20b. If the state fire marshal fails to act on a completed
21application for a license within the applicable time frame as
22specified in paragraph “a”, the application shall be deemed
23approved. This paragraph shall not restrict the authority of
24the state fire marshal to revoke a license approved pursuant to
25this paragraph for any intentional violation of this section,
26in accordance with subsection 6.
27 NEW SUBSECTION. 7A. a. The state fire marshal shall have
28sole authority to require or authorize inspections relating to
29consumer fireworks seller licensing pursuant to this section.
30A city or county shall not have the authority to require or
31authorize any inspection relating to consumer fireworks seller
32licensing, provided, however, that the state fire marshal may
33authorize a city or county employee to conduct an inspection on
34behalf of the state fire marshal.
35b. Any inspection required or authorized by the state fire
-1-1marshal relating to consumer fireworks seller licensing shall
2be paid from moneys deposited in the consumer fireworks fee
3fund created in subsection 7, paragraph “a”, regardless of
4whether the inspection is conducted by the state fire marshal
5or any other person authorized by the state fire marshal.
6 Sec. 3. Section 100.19, subsection 4, Code 2019, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. d. Prohibit a retailer or community group
9issued a license pursuant to this section to sell consumer
10fireworks, as described in APA 87-1, chapter 3, in any
11residential zone or district.
12 Sec. 4. NEW SECTION. 100.19B Fireworks regulation —
13uniform application.
141. In order to provide for the uniform application of
15the provisions of sections 100.19, 100.19A, 727.2, and any
16other provision relating to the regulation of fireworks within
17this state, it is intended that the sole and only regulation
18of fireworks in the state, including consumer fireworks,
19display fireworks, and novelties, shall be those enacted by
20the general assembly and attendant rules allowed thereunder
21by the division of the state fire marshal. A municipality,
22county, or other governmental unit within this state shall not
23make any law, ordinance, or regulation relating to consumer
24fireworks, display fireworks, or novelties, except as provided
25in subsection 3. All such laws, ordinances, or regulations
26existing on the effective date of this Act shall be or become
27void, unenforceable, and of no effect.
282. A municipality, county, or other governmental unit
29that adopts or enforces any law, ordinance, or regulation in
30violation of this section shall be liable for court costs,
31expenses, and reasonable attorney fees incurred by a prevailing
32party bringing a claim against the municipality, county, or
33other governmental unit based on the adoption or enforcement of
34the law, ordinance, or regulation.
353. a. This section shall not limit the authority of
-2-1a city or county to prohibit or limit the use of consumer
2fireworks pursuant to section 331.301, subsection 17, or 364.2,
3subsection 6, or to grant permits for the display of display
4fireworks pursuant to section 727.2, subsection 2, paragraph
5“a”.
6b. This section shall not limit the authority of the
7department of natural resources to issue permits for the use
8of consumer fireworks and display fireworks in state parks and
9preserves pursuant to section 461A.42, subsection 2.
104. For purposes of this section, “consumer fireworks”,
11“display fireworks”, and “novelties” means the same as those
12terms are defined in section 727.2.
13 Sec. 5. Section 331.301, subsection 17, Code 2019, is
14amended to read as follows:
1517. The board of supervisors may by ordinance or resolution
16prohibit or limit the use of consumer fireworks or display
17fireworks, as described in section 727.2, if the board
18determines that the use of such devices would constitute a
19threat to public safety or private property, or if the board
20determines that the use of such devices would constitute a
21nuisance to neighboring landowners on dates and at times that
22are more stringent than the limitations described in section
23727.2, subsection 4, provided, however, that the board of
24supervisors shall not prohibit or limit the use of consumer
25fireworks on July 4 as otherwise provided in section 727.2,
26subsection 4.
27 Sec. 6. NEW SECTION. 335.2A Sale of consumer fireworks —
28limitation.
29A county shall not adopt or enforce any ordinance under
30this chapter to regulate, restrict, or prohibit the location
31of permanent buildings or temporary structures used for the
32sale of consumer fireworks pursuant to section 100.19, in any
33location zoned for commercial or industrial purposes.
34 Sec. 7. Section 364.2, subsection 6, Code 2019, is amended
35to read as follows:
-3- 16. A city council may by ordinance or resolution prohibit
2or limit the use of consumer fireworks, display fireworks,
3or novelties, as described in section 727.2, on dates and at
4times that are more stringent than the limitations described
5in section 727.2, subsection 4, provided, however, that a
6city council shall not prohibit or limit the use of consumer
7fireworks on July 4 as otherwise provided in section 727.2,
8subsection 4.
9 Sec. 8. Section 414.1, subsection 1, Code 2019, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. c. A city shall not adopt or enforce any
12regulation or restriction under this chapter to regulate,
13restrict, or prohibit the location of permanent buildings or
14temporary structures used for the sale of consumer fireworks
15pursuant to section 100.19, in any location zoned for
16commercial or industrial purposes.
17 Sec. 9. Section 727.2, subsection 4, paragraph b, Code 2019,
18is amended to read as follows:
19b. A person shall not use or explode consumer fireworks at
20times other than between the hours of 9:00 a.m.and 10:00 p.m.,
21except that on the following dates consumer fireworks shall not
22be used at times other than between the hours specified:
23(1) Between the hours of 9:00 a.m.and 11:00 p.m.on July 4
24and the Fridays and Saturdays and Sundays immediately preceding
25and following July 4.
26(2) Between the hours of 9:00 a.m.on December 31 and 12:30
27a.m.on the immediately following day.
28(3) Between the hours of 9:00 a.m.and 11:00 p.m.on the
29Fridays and Saturdays and Sundays immediately preceding and
30following December 31.
31 Sec. 10. Section 727.2, subsection 4, Code 2019, is amended
32by adding the following new paragraph:
33 NEW PARAGRAPH. 0c. A city or county may prohibit or limit
34the use of consumer fireworks on dates and at times that are
35more stringent than the limitations described in paragraphs “a”
-4-1and “b”, except for times applicable to July 4, pursuant to
2section 331.301, subsection 17, or 364.2, subsection 6.
3 Sec. 11. EFFECTIVE DATE. This Act, being deemed of
4immediate importance, takes effect upon enactment.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill modifies provisions relating to the regulation and
9sale of certain fireworks.
10Current Code chapter 9C requires persons bringing any goods,
11wares, or merchandise into Iowa with the intent to sell such
12goods, wares, or merchandise to obtain a transient merchant
13license, unless otherwise exempted from licensure. The bill
14provides that these licensure requirements shall not apply
15to persons selling consumer fireworks, display fireworks, or
16novelties, as those terms are defined in Code section 727.2.
17Current Code section 100.19 requires the state fire
18marshal to regulate the sale of consumer fireworks in Iowa
19by establishing licensure requirements and issuing consumer
20fireworks seller licenses to retailers and community groups.
21The bill requires the state fire marshal to approve or deny a
22completed application for a consumer fireworks seller license,
23submitted on or before April 30, no later than the following
24June 1 for an application to sell at a permanent building, or
25no later than the following June 13 for an application to sell
26at a temporary structure. If the state fire marshal fails
27to act on a completed application within the applicable time
28frame, the application shall be deemed approved. However, the
29state fire marshal may revoke an approved application for any
30intentional violation of Code section 100.19 in accordance with
31that Code section.
32The bill provides that the state fire marshal shall adopt
33rules to prohibit the sale of consumer fireworks in any
34residential zone or district.
35The bill provides that the state fire marshal shall have the
-5-1sole authority to require or authorize inspections relating
2to consumer fireworks seller licensure. A city or county
3shall not have the authority to require or authorize any such
4inspection, but the state fire marshal may authorize a city or
5county employee to conduct an inspection on behalf of the state
6fire marshal. The bill provides that any inspection required
7or authorized by the state fire marshal shall be paid from
8moneys deposited in the consumer fireworks fee fund created in
9Code section 100.19(7)(a), regardless of whether the state fire
10marshal or another authorized person conducts the inspection.
11The bill provides that the sole and only regulation of
12fireworks in Iowa, including consumer fireworks, display
13fireworks, and novelties, as those terms are defined in Code
14section 727.2, shall be those enacted by the general assembly
15and any rules provided by the division of the state fire
16marshal. A municipality, county, or other governmental unit in
17Iowa shall not make any law, ordinance, or regulation relating
18to such fireworks, except as specified in the bill. All such
19regulations adopted or enforced by a municipality, county, or
20other governmental unit in existence on the effective date of
21the bill shall become void and unenforceable. If a claim is
22brought against a municipality, county, or other governmental
23unit based on the adoption or enforcement of a regulation in
24violation of the bill, the municipality, county, or other
25governmental unit shall be liable for court costs, expenses,
26and reasonable attorney fees incurred by a prevailing party.
27Current law allows a county to prohibit or limit the use
28of consumer fireworks or display fireworks under specified
29circumstances. Current law also allows a city to prohibit or
30limit the use of consumer fireworks, display fireworks, or
31novelties. The bill modifies these provisions by providing
32that a city or county may by ordinance or resolution prohibit
33or limit the use of consumer fireworks on dates and at times
34that are more stringent than the limitations described in Code
35section 727.2(4), except for times applicable to July 4.
-6- 1The bill provides that a city or county shall not adopt or
2enforce any zoning regulation under Code chapter 335 or 414
3to regulate, restrict, or prohibit the location of permanent
4buildings or temporary structures used for the sale of consumer
5fireworks pursuant to Code section 100.19, in any location
6zoned for commercial or industrial purposes.
7Current Code section 727.2(4) authorizes the use of consumer
8fireworks on certain days and at certain times, including the
9Saturdays and Sundays immediately preceding and following
10July 4 and December 31. The bill replaces “Saturdays and
11Sundays” with “Fridays and Saturdays”. A person who violates
12Code section 727.2(4) commits a simple misdemeanor. A simple
13misdemeanor is punishable by confinement for no more than 30
14days or a fine of at least $65 but not more than $625 or by
15both. However, a court shall not order imprisonment for a
16violation of Code section 727.2(4).
17The bill takes effect upon enactment.
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