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Senate Study Bill 1051 - IntroducedA Bill ForAn Act 1relating to the possession, sale, transfer, purchase,
2and use of fireworks, providing penalties, and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FIREWORKS REGULATION
3 Section 1. Section 100.1, subsection 4, paragraph b, Code
42017, is amended to read as follows:
5b. The storage, transportation, handling, and use of
6flammable liquids, combustibles, fireworks, and explosives;
7 Sec. 2. Section 100.1, Code 2017, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 8. To order the suspension of the use
10of consumer fireworks, display fireworks, or novelties, as
11described in section 727.2, if the fire marshal determines that
12the use of such devices would constitute a threat to public
13safety.
14 Sec. 3. NEW SECTION. 100.19 Consumer fireworks seller
15licensing — penalty — fund.
161. As used in this section:
17a. “APA 87-1” means the American pyrotechnics association
18standard 87-1, as published in December 2001.
19b. “Community group” means a nonprofit entity that is open
20for membership to the general public which is exempt from
21federal income taxation pursuant to section 501(c)(3) of the
22Internal Revenue Code or a fraternal benefit society, as that
23term is defined in section 512B.3.
24c. “First-class consumer fireworks” means the following
25consumer fireworks, as described in APA 87-1, chapter 3:
26(1) Aerial shell kits and reloadable tubes.
27(2) Chasers.
28(3) Helicopter and aerial spinners.
29(4) Firecrackers.
30(5) Mine and shell devices.
31(6) Missile-type rockets.
32(7) Roman candles.
33(8) Sky rockets and bottle rockets.
34(9) Multiple tube devices under this paragraph “c” that are
35manufactured in accordance with APA 87-1, section 3.5.
-1- 1d. “Retailer” means as defined in section 423.1.
2e. “Second-class consumer fireworks” means the following
3consumer fireworks, as described in APA 87-1, chapter 3:
4(1) Cone fountains.
5(2) Cylindrical fountains.
6(3) Flitter sparklers.
7(4) Ground and hand-held sparkling devices, including
8multiple tube ground and hand-held sparkling devices that are
9manufactured in accordance with APA 87-1, section 3.5.
10(5) Ground spinners.
11(6) Illuminating torches.
12(7) Toy smoke devices.
13(8) Wheels.
14(9) Wire or dipped sparklers.
152. a. The state fire marshal shall establish a consumer
16fireworks seller license. An application for a consumer
17fireworks seller license shall be made on a form provided
18by the state fire marshal. The state fire marshal shall
19adopt rules consistent with this section establishing minimum
20requirements for a retailer or community group to be issued a
21consumer fireworks seller license.
22b. A person shall possess a consumer fireworks seller
23license under this section in order to sell consumer fireworks.
243. a. The state fire marshal shall establish a fee schedule
25for consumer fireworks seller licenses as follows:
26(1) For a retailer at a permanent building who devotes fifty
27percent or more of the retailer’s retail floor space to the
28sale or display of first-class consumer fireworks, an annual
29fee of one thousand dollars.
30(2) For a retailer at a temporary structure who devotes
31fifty percent or more of the retailer’s retail floor space
32to the sale or display of first-class consumer fireworks, an
33annual fee of five hundred dollars.
34(3) For a retailer who devotes less than fifty percent of
35the retailer’s retail floor space to the sale or display of
-2-1first-class consumer fireworks, an annual fee of four hundred
2dollars.
3(4) For a community group that offers for sale, exposes for
4sale, or sells first-class consumer fireworks, an annual fee
5of four hundred dollars.
6(5) For a retailer or community group that offers for sale,
7exposes for sale, or sells second-class consumer fireworks,
8but not first-class consumer fireworks, an annual fee of one
9hundred dollars.
10b. A license issued to a retailer or community group
11pursuant to paragraph “a”, subparagraph (1), (2), (3), or (4),
12shall allow the licensee to sell both first-class consumer
13fireworks and second-class consumer fireworks.
144. The state fire marshal shall adopt rules to:
15a. Require that any retailer or community group offering
16for sale at retail any consumer fireworks, as described in APA
1787-1, chapter 3, shall do so in accordance with the national
18fire protection association standard 1124, published in the
19code for the manufacture, transportation, storage, and retail
20sales of fireworks and pyrotechnic articles, 2006 edition.
21b. Require that a retailer or community group to be issued
22a license pursuant to this section provide proof of and
23maintain commercial general liability insurance with minimum
24per occurrence coverage of at least one million dollars and
25aggregate coverage of at least two million dollars.
26c. Permit a retailer or community group issued a license
27pursuant to this section to sell consumer fireworks, as
28described in APA 87-1, chapter 3, at the following locations
29as specified:
30(1) At a permanent building that meets the requirements of
31paragraph “a”, between May 20 and July 6 and between December 10
32and January 3 each year, all dates inclusive.
33(2) At a temporary structure that meets the requirements of
34paragraph “a” between June 13 and July 6 each year, both dates
35inclusive.
-3- 1d. A retailer or community group shall not transfer consumer
2fireworks, as described in APA 87-1, chapter 3, to a person who
3is under eighteen years of age.
45. a. The state fire marshal shall adopt rules to provide
5that a person’s consumer fireworks seller license may be
6revoked for the intentional violation of this section. The
7proceedings for revocation shall be held before the division
8of the state fire marshal, which may revoke the license or
9licenses involved as provided in paragraph “b”.
10b. (1) If, upon the hearing of the order to show cause,
11the division of the state fire marshal finds that the licensee
12intentionally violated this section, then the license or
13licenses under which the licensed retailer or community group
14sells first-class consumer fireworks or second-class consumer
15fireworks, shall be revoked.
16(2) Judicial review of actions of the division of the
17state fire marshal may be sought in accordance with the terms
18of the Iowa administrative procedure Act, chapter 17A. If
19the licensee has not filed a petition for judicial review in
20district court, revocation shall date from the thirty-first
21day following the date of the order of the division of the
22state fire marshal. If the licensee has filed a petition for
23judicial review, revocation shall date from the thirty-first
24day following entry of the order of the district court, if
25action by the district court is adverse to the licensee.
26(3) A new license shall not be issued to a person whose
27license has been revoked, or to the business in control of the
28premises on which the violation occurred if it is established
29that the owner of the business had actual knowledge of the
30violation resulting in the license revocation, for the period
31of one year following the date of revocation.
326. a. A consumer fireworks fee fund is created in the
33state treasury under the control of the state fire marshal.
34Notwithstanding section 12C.7, interest or earnings on
35moneys in the consumer fireworks fee fund shall be credited
-4-1to the consumer fireworks fee fund. Moneys in the fund are
2appropriated to the state fire marshal to be used to fulfill
3the responsibilities of the state fire marshal for the
4administration and enforcement of this section and section
5100.19A and to provide grants pursuant to paragraph “b”. The
6fund shall include the fees collected by the state fire marshal
7under the fee schedule established pursuant to subsection 3
8and the fees collected by the state fire marshal under section
9100.19A for wholesaler registration.
10b. The state fire marshal shall establish a local fire
11protection and emergency medical service providers grant
12program to provide grants to local fire protection service
13providers and local emergency medical service providers to
14establish or provide fireworks safety education programming
15to members of the public. The state fire marshal may also
16provide grants to local fire protection service providers and
17local emergency medical service providers for the purchase
18of necessary enforcement, protection, or emergency response
19equipment related to the sale and use of consumer fireworks in
20this state.
217. The state fire marshal shall adopt rules for the
22administration of this section.
238. A person who violates a provision of this section or a
24rule adopted pursuant to this section is guilty of a simple
25misdemeanor.
26 Sec. 4. NEW SECTION. 100.19A Consumer fireworks wholesaler
27— registration — penalty.
281. For purposes of this section:
29a. “Consumer fireworks” means first-class consumer fireworks
30and second-class consumer fireworks, as those terms are defined
31in section 100.19.
32b. “Wholesaler” means a person who engages in the business
33of selling or distributing consumer fireworks for the purpose
34of resale in this state.
352. The state fire marshal shall adopt rules to require all
-5-1wholesalers to annually register with the state fire marshal.
2The state fire marshal may also adopt rules to regulate the
3storage or transfer of consumer fireworks by wholesalers and to
4require wholesalers to maintain insurance.
53. The state fire marshal shall establish an annual
6registration fee of one thousand dollars for wholesalers
7of consumer fireworks within the state. Registration fees
8collected pursuant to this section shall be deposited in the
9consumer fireworks fee fund created in section 100.19.
104. A person who violates a provision of this section or a
11rule adopted pursuant to this section is guilty of a simple
12misdemeanor.
13 Sec. 5. Section 101A.1, subsection 3, Code 2017, is amended
14to read as follows:
153. “Explosive” means any chemical compound, mixture
16or device, the primary or common purpose of which is to
17function by explosion with substantially instantaneous
18release of gas and heat, unless such compound, mixture, or
19device is otherwise specifically classified by the United
20States department of transportation. The term “explosive”
21includes all materials which are classified as a class 1,
22division 1.1, 1.2, 1.3, or 1.4 explosive by the United States
23department of transportation, under 49 C.F.R. §173.50, and all
24materials classified as explosive materials under 18 U.S.C.
25§841, and includes, but is not limited to, dynamite, black
26powder, pellet powders, initiating explosives, blasting caps,
27electric blasting caps, safety fuse, fuse lighters, fuse
28igniters, squibs, cordeau detonative fuse, instantaneous fuse,
29igniter cord, igniters, smokeless propellant, cartridges for
30propellant-actuated power devices, cartridges for industrial
31guns, and overpressure devices, but does not include “fireworks”
32 as “consumer fireworks”, “display fireworks”, or “novelties” as
33those terms are defined in section 727.2 or ammunition or small
34arms primers manufactured for use in shotguns, rifles, and
35pistols. Commercial explosives are those explosives which are
-6-1intended to be used in commercial or industrial operations.
2 Sec. 6. Section 331.301, Code 2017, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 17. The board of supervisors may by
5ordinance or resolution prohibit or limit the use of consumer
6fireworks or display fireworks, as described in section 727.2,
7if the board determines that the use of such devices would
8constitute a threat to public safety or private property, or
9if the board determines that the use of such devices would
10constitute a nuisance to neighboring landowners.
11 Sec. 7. Section 331.304, subsection 8, Code 2017, is amended
12to read as follows:
138. The board, upon application, may grant permits for the
14display use of display fireworks as provided in section 727.2.
15 Sec. 8. Section 364.2, Code 2017, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 6. A city council may by ordinance or
18resolution prohibit or limit the use of consumer fireworks,
19display fireworks, or novelties, as described in section 727.2.
20 Sec. 9. Section 461A.42, subsection 2, Code 2017, is amended
21to read as follows:
222. The use of consumer fireworks or display fireworks,
23as defined in section 727.2, in state parks and preserves is
24prohibited except as authorized by a permit issued by the
25department. The commission shall establish, by rule adopted
26pursuant to chapter 17A, a fireworks permit system which
27authorizes the issuance of a limited number of permits to
28qualified persons to use or display fireworks in selected state
29parks and preserves.
30 Sec. 10. Section 727.2, Code 2017, is amended to read as
31follows:
32727.2 Fireworks.
331. Definitions. For purposes of this section:
34a. “Consumer fireworks” includes first-class consumer
35fireworks and second-class consumer fireworks as those terms
-7-1are defined in section 100.19, subsection 1.
2b. The term “fireworks” “Display fireworks” includes any
3explosive composition, or combination of explosive substances,
4or article prepared for the purpose of producing a visible
5or audible effect by combustion, explosion, deflagration,
6or detonation, and includes blank cartridges, firecrackers,
7torpedoes, skyrockets, roman candles, or other fireworks of
8like construction and fireworks containing any explosive or
9flammable compound, or other device containing any explosive
10substance. The term “fireworks” “Display fireworks” does not
11include goldstar-producing sparklers on wires which contain
12no magnesium or chlorate or perchlorate, flitter sparklers
13in paper tubes that do not exceed one-eighth of an inch in
14diameter, toy snakes which contain no mercury, or caps used
15in cap pistols novelties or consumer fireworks enumerated in
16chapter 3 of the American pyrotechnics association’s standard
1787-1.
18c. “Novelties” includes all novelties enumerated in chapter
193 of the American pyrotechnics association’s standard 87-1, and
20that comply with the labeling regulations promulgated by the
21United States consumer product safety commission.
222. Display fireworks.
23a. A person, firm, partnership, or corporation who offers
24for sale, exposes for sale, sells at retail, or uses or
25explodes any display fireworks, commits a simple misdemeanor.
26In addition to any other penalties, the punishment imposed
27for a violation of this section shall include assessment
28of, punishable by a fine of not less than two hundred fifty
29dollars. However, the a city council of a city or a county
30board of supervisors may, upon application in writing, grant a
31permit for the display of display fireworks by municipalities,
32fair associations, amusement parks, and other organizations
33or groups of individuals approved by the city or the county
34board of supervisors when the display fireworks display will
35be handled by a competent operator, but no such permit shall
-8-1be required for the display of display fireworks at the Iowa
2state fairgrounds by the Iowa state fair board, at incorporated
3county fairs, or at district fairs receiving state aid. Sales
4of display fireworks for such display may be made for that
5purpose only.
6b. (1) A person who uses or explodes display fireworks
7while the use of such devices is prohibited or limited by an
8ordinance or resolution adopted by the county or city in which
9the firework is used commits a simple misdemeanor, punishable
10by a fine of not less than two hundred fifty dollars.
11(2) A person who uses or explodes display fireworks while
12the use of such devices is suspended by an order of the state
13fire marshal commits a simple misdemeanor, punishable by a fine
14of not less than two hundred fifty dollars.
153. Consumer fireworks and novelties.
16a. A person or a firm, partnership, or corporation may
17possess, use, or explode consumer fireworks in accordance with
18this subsection and subsection 4.
19b. A person, firm, partnership, or corporation who sells
20consumer fireworks to a person who is less than eighteen years
21of age commits a simple misdemeanor, punishable by a fine of
22not less than two hundred fifty dollars. A person who is less
23than eighteen years of age who purchases consumer fireworks
24commits a simple misdemeanor, punishable by a fine of not less
25than two hundred fifty dollars.
26c. (1) A person who uses or explodes consumer fireworks
27or novelties while the use of such devices is prohibited or
28limited by an ordinance adopted by the county or city in which
29the fireworks are used commits a simple misdemeanor, punishable
30by a fine of not less than two hundred fifty dollars.
31(2) A person who uses or explodes consumer fireworks or
32novelties while the use of such devices is suspended by an
33order of the state fire marshal commits a simple misdemeanor,
34punishable by a fine of not less than two hundred fifty
35dollars.
-9- 14. Limitations.
2a. A person shall not use or explode consumer fireworks on
3days other than June 24 through July 6 and December 24 through
4January 3 of each year, all dates inclusive.
5b. A person shall not use or explode consumer fireworks at
6times other than between the hours of 9:00 a.m.and 10:00 p.m.,
7except that on the following dates consumer fireworks shall not
8be used at times other than between the hours specified:
9(1) Between the hours of 9:00 a.m.and 11:00 p.m.on July
104 and the Saturdays and Sundays immediately preceding and
11following July 4.
12(2) Between the hours of 9:00 a.m.on December 31 and 12:30
13a.m.on the immediately following day.
14(3) Between the hours of 9:00 a.m.and 11:00 p.m.on the
15Saturdays and Sundays immediately preceding and following
16December 31.
17c. A person shall not use consumer fireworks on real
18property other than that person’s real property or on the real
19property of a person who has consented to the use of consumer
20fireworks on that property.
21d. A person who violates this subsection commits a simple
22misdemeanor. A court shall not order imprisonment for
23violation of this subsection.
243. 5. Applicability.
25a. This section does not prohibit the sale by a resident,
26dealer, manufacturer, or jobber of such fireworks as are
27not prohibited by this section, or the sale of any kind of
28fireworks if they are to be shipped out of the state, or the
29sale or use of blank cartridges for a show or the theater,
30or for signal purposes in athletic sports or by railroads
31or trucks, for signal purposes, or by a recognized military
32organization.
33b. This section does not apply to any substance or
34composition prepared and sold for medicinal or fumigation
35purposes.
-10- 1c. Unless specifically provided otherwise, this section does
2not apply to novelties.
3DIVISION II
4RULEMAKING
5 Sec. 11. EMERGENCY RULES. The state fire marshal shall
6adopt emergency rules under section 17A.4, subsection 3, and
7section 17A.5, subsection 2, paragraph “b”, to implement
8the provisions of this Act and the rules shall be effective
9immediately upon filing unless a later date is specified in the
10rules. Any rules adopted in accordance with this section shall
11also be published as a notice of intended action as provided
12in section 17A.4.
13DIVISION III
14EFFECTIVE DATE
15 Sec. 12. EFFECTIVE UPON ENACTMENT. This Act, being deemed
16of immediate importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the regulation of fireworks.
21The bill provides that the state fire marshal has the duty to
22enforce all laws, and rules of the department of public safety
23concerned with the storage, transportation, handling, and use
24of fireworks.
25Current law provides that a person, firm, partnership, or
26corporation who offers for sale, exposes for sale, sells at
27retail, or uses or explodes any fireworks, commits a simple
28misdemeanor. Current law, however, also provides that a county
29board of supervisors or the department of natural resources may
30grant a permit for the display of fireworks if the fireworks
31display will be handled by a competent operator. Current
32law further provides that the term “fireworks” includes any
33explosive composition, or combination of explosive substances,
34or article prepared for the purpose of producing a visible
35or audible effect by combustion, explosion, deflagration,
-11-1or detonation, including blank cartridges, firecrackers,
2torpedoes, skyrockets, roman candles, or other fireworks of
3like construction and fireworks containing any explosive or
4flammable compound, or other device containing any explosive
5substance with limited exceptions.
6The bill maintains these restrictions for display fireworks
7and provides that the term “display fireworks” shall not
8include novelties or consumer fireworks. The bill provides
9definitions for the terms “novelties” and “consumer fireworks”.
10The bill requires that the state fire marshal establish
11a consumer fireworks seller license, and requires possession
12of such a license to legally sell consumer fireworks in this
13state. The state fire marshal is required to establish a fee
14schedule for consumer fireworks seller licenses. The bill
15establishes two classes of consumer fireworks and requires
16a $1,000 annual licensing fee for a retailer at a permanent
17building who devotes 50 percent or more of the retailer’s
18retail floor space to the sale or display of first-class
19consumer fireworks, and a $500 annual licensing fee for a
20retailer at a temporary structure who devotes 50 percent or
21more the retailer’s retail floor space to the sale or display
22of first-class consumer fireworks. Retailers who devote less
23than 50 percent of the retailer’s retail floor space to the
24sale or display of first-class consumer fireworks are required
25to pay an annual licensing fee of $400. A community group
26that sells first-class consumer fireworks is required to pay
27an annual licensing fee of $400. The bill requires an annual
28licensing fee of $100 for retailers or community groups that
29sell only second-class consumer fireworks.
30The bill requires that the state fire marshal adopt rules
31to require that licensed retailers and community groups only
32offer consumer fireworks for sale in accordance with specified
33industry standards. The bill also requires that retailers
34and community groups provide proof of and maintain commercial
35general liability insurance with specified coverage amounts.
-12-1Under the bill, the state fire marshal is required to adopt
2rules to permit licensed retailers and community groups to sell
3consumer fireworks at conforming permanent buildings between
4May 20 and July 6 and between December 10 and January 3 each
5year and at conforming temporary structures from June 13 to
6July 6 each year.
7The bill also provides for the revocation of a consumer
8fireworks seller license for the intentional violation of
9licensing requirements. The bill establishes procedures
10for the revocation of such licenses and procedures for
11review for such revocations. The bill also establishes a
12consumer fireworks fee fund under the control of the state
13fire marshal. The fund shall consist of the fees collected
14for the licensing of retailers and community groups and the
15registration of wholesalers. The fund is required to be used
16for administration and enforcement of the state fire marshal’s
17consumer fireworks related duties and to provide grants to
18local fire protection and emergency medical service providers.
19The bill requires that the state fire marshal adopt rules
20to require that wholesalers of consumer fireworks annually
21register with the state fire marshal and allows the state fire
22marshal to adopt rules related to wholesaler insurance and the
23storage and transfer of consumer fireworks by wholesalers. The
24state fire marshal is also required to establish an annual
25$1,000 wholesaler registration fee to be deposited in the
26consumer fireworks fee fund.
27Under the bill, a violation of a licensing or registration
28provision established in Code or by rule is considered a simple
29misdemeanor. A simple misdemeanor is punishable by confinement
30for no more than 30 days or a fine of at least $65 but not more
31than $625, or by both.
32The bill provides that a person or a firm, partnership, or
33corporation may possess consumer fireworks as provided in the
34bill. The bill provides that a person, firm, partnership, or
35corporation who sells any consumer firework to a person who
-13-1is less than 18 years of age commits a simple misdemeanor.
2A person who is less than 18 years of age who purchases any
3consumer fireworks commits a simple misdemeanor. A simple
4misdemeanor is generally punishable by confinement for no more
5than 30 days or a fine of at least $65 but not more than $625 or
6by both, but the bill provides for a fine of at least $250.
7The bill provides that the state fire marshal may order the
8suspension of the use of consumer fireworks, display fireworks,
9or novelties if the fire marshal determines that the use of
10such devices would constitute a threat to public safety. The
11bill provides that a person who violates such an order by the
12fire marshal commits a simple misdemeanor, punishable by a fine
13of at least $250.
14The bill provides that a county board of supervisors may
15adopt an ordinance or resolution to prohibit or limit the
16use of consumer fireworks or display fireworks if the use of
17such devices would constitute a threat to public safety or
18a nuisance. The bill also provides that a city council may
19adopt an ordinance or resolution to prohibit or limit the use
20of consumer fireworks, display fireworks, or novelties if the
21use of such devices would constitute a threat to public safety
22or a nuisance to landowners. The bill provides that a person
23who uses fireworks when the use is prohibited or limited by an
24ordinance in the city or county in which the devices are used
25commits a simple misdemeanor, punishable by a fine of at least
26$250.
27The bill also provides certain restrictions on the use or
28explosion of consumer fireworks. The bill prohibits the use
29or explosion of consumer fireworks on days other than June
3024 through July 6 and December 24 through January 3 of each
31year. The bill prohibits the use or explosion of consumer
32fireworks at a time other than between the hours of 9:00 a.m.
33and 10:00 p.m.of those days, except as specified in the
34bill. The bill further prohibits the use of fireworks by a
35person on the real property of another person unless the owner
-14-1of the real property has consented to such use. Under the
2bill, a violation of these restrictions is considered a simple
3misdemeanor, provided, however, that a court shall not order
4imprisonment for such a violation.
5The bill requires the state fire marshal to adopt emergency
6rules to implement the provisions of the bill, which shall be
7effective immediately upon filing.
8The bill takes effect upon enactment.
-15-gh/nh
2and use of fireworks, providing penalties, and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FIREWORKS REGULATION
3 Section 1. Section 100.1, subsection 4, paragraph b, Code
42017, is amended to read as follows:
5b. The storage, transportation, handling, and use of
6flammable liquids, combustibles, fireworks, and explosives;
7 Sec. 2. Section 100.1, Code 2017, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 8. To order the suspension of the use
10of consumer fireworks, display fireworks, or novelties, as
11described in section 727.2, if the fire marshal determines that
12the use of such devices would constitute a threat to public
13safety.
14 Sec. 3. NEW SECTION. 100.19 Consumer fireworks seller
15licensing — penalty — fund.
161. As used in this section:
17a. “APA 87-1” means the American pyrotechnics association
18standard 87-1, as published in December 2001.
19b. “Community group” means a nonprofit entity that is open
20for membership to the general public which is exempt from
21federal income taxation pursuant to section 501(c)(3) of the
22Internal Revenue Code or a fraternal benefit society, as that
23term is defined in section 512B.3.
24c. “First-class consumer fireworks” means the following
25consumer fireworks, as described in APA 87-1, chapter 3:
26(1) Aerial shell kits and reloadable tubes.
27(2) Chasers.
28(3) Helicopter and aerial spinners.
29(4) Firecrackers.
30(5) Mine and shell devices.
31(6) Missile-type rockets.
32(7) Roman candles.
33(8) Sky rockets and bottle rockets.
34(9) Multiple tube devices under this paragraph “c” that are
35manufactured in accordance with APA 87-1, section 3.5.
-1- 1d. “Retailer” means as defined in section 423.1.
2e. “Second-class consumer fireworks” means the following
3consumer fireworks, as described in APA 87-1, chapter 3:
4(1) Cone fountains.
5(2) Cylindrical fountains.
6(3) Flitter sparklers.
7(4) Ground and hand-held sparkling devices, including
8multiple tube ground and hand-held sparkling devices that are
9manufactured in accordance with APA 87-1, section 3.5.
10(5) Ground spinners.
11(6) Illuminating torches.
12(7) Toy smoke devices.
13(8) Wheels.
14(9) Wire or dipped sparklers.
152. a. The state fire marshal shall establish a consumer
16fireworks seller license. An application for a consumer
17fireworks seller license shall be made on a form provided
18by the state fire marshal. The state fire marshal shall
19adopt rules consistent with this section establishing minimum
20requirements for a retailer or community group to be issued a
21consumer fireworks seller license.
22b. A person shall possess a consumer fireworks seller
23license under this section in order to sell consumer fireworks.
243. a. The state fire marshal shall establish a fee schedule
25for consumer fireworks seller licenses as follows:
26(1) For a retailer at a permanent building who devotes fifty
27percent or more of the retailer’s retail floor space to the
28sale or display of first-class consumer fireworks, an annual
29fee of one thousand dollars.
30(2) For a retailer at a temporary structure who devotes
31fifty percent or more of the retailer’s retail floor space
32to the sale or display of first-class consumer fireworks, an
33annual fee of five hundred dollars.
34(3) For a retailer who devotes less than fifty percent of
35the retailer’s retail floor space to the sale or display of
-2-1first-class consumer fireworks, an annual fee of four hundred
2dollars.
3(4) For a community group that offers for sale, exposes for
4sale, or sells first-class consumer fireworks, an annual fee
5of four hundred dollars.
6(5) For a retailer or community group that offers for sale,
7exposes for sale, or sells second-class consumer fireworks,
8but not first-class consumer fireworks, an annual fee of one
9hundred dollars.
10b. A license issued to a retailer or community group
11pursuant to paragraph “a”, subparagraph (1), (2), (3), or (4),
12shall allow the licensee to sell both first-class consumer
13fireworks and second-class consumer fireworks.
144. The state fire marshal shall adopt rules to:
15a. Require that any retailer or community group offering
16for sale at retail any consumer fireworks, as described in APA
1787-1, chapter 3, shall do so in accordance with the national
18fire protection association standard 1124, published in the
19code for the manufacture, transportation, storage, and retail
20sales of fireworks and pyrotechnic articles, 2006 edition.
21b. Require that a retailer or community group to be issued
22a license pursuant to this section provide proof of and
23maintain commercial general liability insurance with minimum
24per occurrence coverage of at least one million dollars and
25aggregate coverage of at least two million dollars.
26c. Permit a retailer or community group issued a license
27pursuant to this section to sell consumer fireworks, as
28described in APA 87-1, chapter 3, at the following locations
29as specified:
30(1) At a permanent building that meets the requirements of
31paragraph “a”, between May 20 and July 6 and between December 10
32and January 3 each year, all dates inclusive.
33(2) At a temporary structure that meets the requirements of
34paragraph “a” between June 13 and July 6 each year, both dates
35inclusive.
-3- 1d. A retailer or community group shall not transfer consumer
2fireworks, as described in APA 87-1, chapter 3, to a person who
3is under eighteen years of age.
45. a. The state fire marshal shall adopt rules to provide
5that a person’s consumer fireworks seller license may be
6revoked for the intentional violation of this section. The
7proceedings for revocation shall be held before the division
8of the state fire marshal, which may revoke the license or
9licenses involved as provided in paragraph “b”.
10b. (1) If, upon the hearing of the order to show cause,
11the division of the state fire marshal finds that the licensee
12intentionally violated this section, then the license or
13licenses under which the licensed retailer or community group
14sells first-class consumer fireworks or second-class consumer
15fireworks, shall be revoked.
16(2) Judicial review of actions of the division of the
17state fire marshal may be sought in accordance with the terms
18of the Iowa administrative procedure Act, chapter 17A. If
19the licensee has not filed a petition for judicial review in
20district court, revocation shall date from the thirty-first
21day following the date of the order of the division of the
22state fire marshal. If the licensee has filed a petition for
23judicial review, revocation shall date from the thirty-first
24day following entry of the order of the district court, if
25action by the district court is adverse to the licensee.
26(3) A new license shall not be issued to a person whose
27license has been revoked, or to the business in control of the
28premises on which the violation occurred if it is established
29that the owner of the business had actual knowledge of the
30violation resulting in the license revocation, for the period
31of one year following the date of revocation.
326. a. A consumer fireworks fee fund is created in the
33state treasury under the control of the state fire marshal.
34Notwithstanding section 12C.7, interest or earnings on
35moneys in the consumer fireworks fee fund shall be credited
-4-1to the consumer fireworks fee fund. Moneys in the fund are
2appropriated to the state fire marshal to be used to fulfill
3the responsibilities of the state fire marshal for the
4administration and enforcement of this section and section
5100.19A and to provide grants pursuant to paragraph “b”. The
6fund shall include the fees collected by the state fire marshal
7under the fee schedule established pursuant to subsection 3
8and the fees collected by the state fire marshal under section
9100.19A for wholesaler registration.
10b. The state fire marshal shall establish a local fire
11protection and emergency medical service providers grant
12program to provide grants to local fire protection service
13providers and local emergency medical service providers to
14establish or provide fireworks safety education programming
15to members of the public. The state fire marshal may also
16provide grants to local fire protection service providers and
17local emergency medical service providers for the purchase
18of necessary enforcement, protection, or emergency response
19equipment related to the sale and use of consumer fireworks in
20this state.
217. The state fire marshal shall adopt rules for the
22administration of this section.
238. A person who violates a provision of this section or a
24rule adopted pursuant to this section is guilty of a simple
25misdemeanor.
26 Sec. 4. NEW SECTION. 100.19A Consumer fireworks wholesaler
27— registration — penalty.
281. For purposes of this section:
29a. “Consumer fireworks” means first-class consumer fireworks
30and second-class consumer fireworks, as those terms are defined
31in section 100.19.
32b. “Wholesaler” means a person who engages in the business
33of selling or distributing consumer fireworks for the purpose
34of resale in this state.
352. The state fire marshal shall adopt rules to require all
-5-1wholesalers to annually register with the state fire marshal.
2The state fire marshal may also adopt rules to regulate the
3storage or transfer of consumer fireworks by wholesalers and to
4require wholesalers to maintain insurance.
53. The state fire marshal shall establish an annual
6registration fee of one thousand dollars for wholesalers
7of consumer fireworks within the state. Registration fees
8collected pursuant to this section shall be deposited in the
9consumer fireworks fee fund created in section 100.19.
104. A person who violates a provision of this section or a
11rule adopted pursuant to this section is guilty of a simple
12misdemeanor.
13 Sec. 5. Section 101A.1, subsection 3, Code 2017, is amended
14to read as follows:
153. “Explosive” means any chemical compound, mixture
16or device, the primary or common purpose of which is to
17function by explosion with substantially instantaneous
18release of gas and heat, unless such compound, mixture, or
19device is otherwise specifically classified by the United
20States department of transportation. The term “explosive”
21includes all materials which are classified as a class 1,
22division 1.1, 1.2, 1.3, or 1.4 explosive by the United States
23department of transportation, under 49 C.F.R. §173.50, and all
24materials classified as explosive materials under 18 U.S.C.
25§841, and includes, but is not limited to, dynamite, black
26powder, pellet powders, initiating explosives, blasting caps,
27electric blasting caps, safety fuse, fuse lighters, fuse
28igniters, squibs, cordeau detonative fuse, instantaneous fuse,
29igniter cord, igniters, smokeless propellant, cartridges for
30propellant-actuated power devices, cartridges for industrial
31guns, and overpressure devices, but does not include “fireworks”
32 as “consumer fireworks”, “display fireworks”, or “novelties” as
33those terms are defined in section 727.2 or ammunition or small
34arms primers manufactured for use in shotguns, rifles, and
35pistols. Commercial explosives are those explosives which are
-6-1intended to be used in commercial or industrial operations.
2 Sec. 6. Section 331.301, Code 2017, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 17. The board of supervisors may by
5ordinance or resolution prohibit or limit the use of consumer
6fireworks or display fireworks, as described in section 727.2,
7if the board determines that the use of such devices would
8constitute a threat to public safety or private property, or
9if the board determines that the use of such devices would
10constitute a nuisance to neighboring landowners.
11 Sec. 7. Section 331.304, subsection 8, Code 2017, is amended
12to read as follows:
138. The board, upon application, may grant permits for the
14display use of display fireworks as provided in section 727.2.
15 Sec. 8. Section 364.2, Code 2017, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 6. A city council may by ordinance or
18resolution prohibit or limit the use of consumer fireworks,
19display fireworks, or novelties, as described in section 727.2.
20 Sec. 9. Section 461A.42, subsection 2, Code 2017, is amended
21to read as follows:
222. The use of consumer fireworks or display fireworks,
23as defined in section 727.2, in state parks and preserves is
24prohibited except as authorized by a permit issued by the
25department. The commission shall establish, by rule adopted
26pursuant to chapter 17A, a fireworks permit system which
27authorizes the issuance of a limited number of permits to
28qualified persons to use or display fireworks in selected state
29parks and preserves.
30 Sec. 10. Section 727.2, Code 2017, is amended to read as
31follows:
32727.2 Fireworks.
331. Definitions. For purposes of this section:
34a. “Consumer fireworks” includes first-class consumer
35fireworks and second-class consumer fireworks as those terms
-7-1are defined in section 100.19, subsection 1.
2b. The term “fireworks” “Display fireworks” includes any
3explosive composition, or combination of explosive substances,
4or article prepared for the purpose of producing a visible
5or audible effect by combustion, explosion, deflagration,
6or detonation, and includes blank cartridges, firecrackers,
7torpedoes, skyrockets, roman candles, or other fireworks of
8like construction and fireworks containing any explosive or
9flammable compound, or other device containing any explosive
10substance. The term “fireworks” “Display fireworks” does not
11include goldstar-producing sparklers on wires which contain
12no magnesium or chlorate or perchlorate, flitter sparklers
13in paper tubes that do not exceed one-eighth of an inch in
14diameter, toy snakes which contain no mercury, or caps used
15in cap pistols novelties or consumer fireworks enumerated in
16chapter 3 of the American pyrotechnics association’s standard
1787-1.
18c. “Novelties” includes all novelties enumerated in chapter
193 of the American pyrotechnics association’s standard 87-1, and
20that comply with the labeling regulations promulgated by the
21United States consumer product safety commission.
222. Display fireworks.
23a. A person, firm, partnership, or corporation who offers
24for sale, exposes for sale, sells at retail, or uses or
25explodes any display fireworks, commits a simple misdemeanor.
26In addition to any other penalties, the punishment imposed
27for a violation of this section shall include assessment
28of, punishable by a fine of not less than two hundred fifty
29dollars. However, the a city council of a city or a county
30board of supervisors may, upon application in writing, grant a
31permit for the display of display fireworks by municipalities,
32fair associations, amusement parks, and other organizations
33or groups of individuals approved by the city or the county
34board of supervisors when the display fireworks display will
35be handled by a competent operator, but no such permit shall
-8-1be required for the display of display fireworks at the Iowa
2state fairgrounds by the Iowa state fair board, at incorporated
3county fairs, or at district fairs receiving state aid. Sales
4of display fireworks for such display may be made for that
5purpose only.
6b. (1) A person who uses or explodes display fireworks
7while the use of such devices is prohibited or limited by an
8ordinance or resolution adopted by the county or city in which
9the firework is used commits a simple misdemeanor, punishable
10by a fine of not less than two hundred fifty dollars.
11(2) A person who uses or explodes display fireworks while
12the use of such devices is suspended by an order of the state
13fire marshal commits a simple misdemeanor, punishable by a fine
14of not less than two hundred fifty dollars.
153. Consumer fireworks and novelties.
16a. A person or a firm, partnership, or corporation may
17possess, use, or explode consumer fireworks in accordance with
18this subsection and subsection 4.
19b. A person, firm, partnership, or corporation who sells
20consumer fireworks to a person who is less than eighteen years
21of age commits a simple misdemeanor, punishable by a fine of
22not less than two hundred fifty dollars. A person who is less
23than eighteen years of age who purchases consumer fireworks
24commits a simple misdemeanor, punishable by a fine of not less
25than two hundred fifty dollars.
26c. (1) A person who uses or explodes consumer fireworks
27or novelties while the use of such devices is prohibited or
28limited by an ordinance adopted by the county or city in which
29the fireworks are used commits a simple misdemeanor, punishable
30by a fine of not less than two hundred fifty dollars.
31(2) A person who uses or explodes consumer fireworks or
32novelties while the use of such devices is suspended by an
33order of the state fire marshal commits a simple misdemeanor,
34punishable by a fine of not less than two hundred fifty
35dollars.
-9- 14. Limitations.
2a. A person shall not use or explode consumer fireworks on
3days other than June 24 through July 6 and December 24 through
4January 3 of each year, all dates inclusive.
5b. A person shall not use or explode consumer fireworks at
6times other than between the hours of 9:00 a.m.and 10:00 p.m.,
7except that on the following dates consumer fireworks shall not
8be used at times other than between the hours specified:
9(1) Between the hours of 9:00 a.m.and 11:00 p.m.on July
104 and the Saturdays and Sundays immediately preceding and
11following July 4.
12(2) Between the hours of 9:00 a.m.on December 31 and 12:30
13a.m.on the immediately following day.
14(3) Between the hours of 9:00 a.m.and 11:00 p.m.on the
15Saturdays and Sundays immediately preceding and following
16December 31.
17c. A person shall not use consumer fireworks on real
18property other than that person’s real property or on the real
19property of a person who has consented to the use of consumer
20fireworks on that property.
21d. A person who violates this subsection commits a simple
22misdemeanor. A court shall not order imprisonment for
23violation of this subsection.
243. 5. Applicability.
25a. This section does not prohibit the sale by a resident,
26dealer, manufacturer, or jobber of such fireworks as are
27not prohibited by this section, or the sale of any kind of
28fireworks if they are to be shipped out of the state, or the
29sale or use of blank cartridges for a show or the theater,
30or for signal purposes in athletic sports or by railroads
31or trucks, for signal purposes, or by a recognized military
32organization.
33b. This section does not apply to any substance or
34composition prepared and sold for medicinal or fumigation
35purposes.
-10- 1c. Unless specifically provided otherwise, this section does
2not apply to novelties.
3DIVISION II
4RULEMAKING
5 Sec. 11. EMERGENCY RULES. The state fire marshal shall
6adopt emergency rules under section 17A.4, subsection 3, and
7section 17A.5, subsection 2, paragraph “b”, to implement
8the provisions of this Act and the rules shall be effective
9immediately upon filing unless a later date is specified in the
10rules. Any rules adopted in accordance with this section shall
11also be published as a notice of intended action as provided
12in section 17A.4.
13DIVISION III
14EFFECTIVE DATE
15 Sec. 12. EFFECTIVE UPON ENACTMENT. This Act, being deemed
16of immediate importance, takes effect upon enactment.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the regulation of fireworks.
21The bill provides that the state fire marshal has the duty to
22enforce all laws, and rules of the department of public safety
23concerned with the storage, transportation, handling, and use
24of fireworks.
25Current law provides that a person, firm, partnership, or
26corporation who offers for sale, exposes for sale, sells at
27retail, or uses or explodes any fireworks, commits a simple
28misdemeanor. Current law, however, also provides that a county
29board of supervisors or the department of natural resources may
30grant a permit for the display of fireworks if the fireworks
31display will be handled by a competent operator. Current
32law further provides that the term “fireworks” includes any
33explosive composition, or combination of explosive substances,
34or article prepared for the purpose of producing a visible
35or audible effect by combustion, explosion, deflagration,
-11-1or detonation, including blank cartridges, firecrackers,
2torpedoes, skyrockets, roman candles, or other fireworks of
3like construction and fireworks containing any explosive or
4flammable compound, or other device containing any explosive
5substance with limited exceptions.
6The bill maintains these restrictions for display fireworks
7and provides that the term “display fireworks” shall not
8include novelties or consumer fireworks. The bill provides
9definitions for the terms “novelties” and “consumer fireworks”.
10The bill requires that the state fire marshal establish
11a consumer fireworks seller license, and requires possession
12of such a license to legally sell consumer fireworks in this
13state. The state fire marshal is required to establish a fee
14schedule for consumer fireworks seller licenses. The bill
15establishes two classes of consumer fireworks and requires
16a $1,000 annual licensing fee for a retailer at a permanent
17building who devotes 50 percent or more of the retailer’s
18retail floor space to the sale or display of first-class
19consumer fireworks, and a $500 annual licensing fee for a
20retailer at a temporary structure who devotes 50 percent or
21more the retailer’s retail floor space to the sale or display
22of first-class consumer fireworks. Retailers who devote less
23than 50 percent of the retailer’s retail floor space to the
24sale or display of first-class consumer fireworks are required
25to pay an annual licensing fee of $400. A community group
26that sells first-class consumer fireworks is required to pay
27an annual licensing fee of $400. The bill requires an annual
28licensing fee of $100 for retailers or community groups that
29sell only second-class consumer fireworks.
30The bill requires that the state fire marshal adopt rules
31to require that licensed retailers and community groups only
32offer consumer fireworks for sale in accordance with specified
33industry standards. The bill also requires that retailers
34and community groups provide proof of and maintain commercial
35general liability insurance with specified coverage amounts.
-12-1Under the bill, the state fire marshal is required to adopt
2rules to permit licensed retailers and community groups to sell
3consumer fireworks at conforming permanent buildings between
4May 20 and July 6 and between December 10 and January 3 each
5year and at conforming temporary structures from June 13 to
6July 6 each year.
7The bill also provides for the revocation of a consumer
8fireworks seller license for the intentional violation of
9licensing requirements. The bill establishes procedures
10for the revocation of such licenses and procedures for
11review for such revocations. The bill also establishes a
12consumer fireworks fee fund under the control of the state
13fire marshal. The fund shall consist of the fees collected
14for the licensing of retailers and community groups and the
15registration of wholesalers. The fund is required to be used
16for administration and enforcement of the state fire marshal’s
17consumer fireworks related duties and to provide grants to
18local fire protection and emergency medical service providers.
19The bill requires that the state fire marshal adopt rules
20to require that wholesalers of consumer fireworks annually
21register with the state fire marshal and allows the state fire
22marshal to adopt rules related to wholesaler insurance and the
23storage and transfer of consumer fireworks by wholesalers. The
24state fire marshal is also required to establish an annual
25$1,000 wholesaler registration fee to be deposited in the
26consumer fireworks fee fund.
27Under the bill, a violation of a licensing or registration
28provision established in Code or by rule is considered a simple
29misdemeanor. A simple misdemeanor is punishable by confinement
30for no more than 30 days or a fine of at least $65 but not more
31than $625, or by both.
32The bill provides that a person or a firm, partnership, or
33corporation may possess consumer fireworks as provided in the
34bill. The bill provides that a person, firm, partnership, or
35corporation who sells any consumer firework to a person who
-13-1is less than 18 years of age commits a simple misdemeanor.
2A person who is less than 18 years of age who purchases any
3consumer fireworks commits a simple misdemeanor. A simple
4misdemeanor is generally punishable by confinement for no more
5than 30 days or a fine of at least $65 but not more than $625 or
6by both, but the bill provides for a fine of at least $250.
7The bill provides that the state fire marshal may order the
8suspension of the use of consumer fireworks, display fireworks,
9or novelties if the fire marshal determines that the use of
10such devices would constitute a threat to public safety. The
11bill provides that a person who violates such an order by the
12fire marshal commits a simple misdemeanor, punishable by a fine
13of at least $250.
14The bill provides that a county board of supervisors may
15adopt an ordinance or resolution to prohibit or limit the
16use of consumer fireworks or display fireworks if the use of
17such devices would constitute a threat to public safety or
18a nuisance. The bill also provides that a city council may
19adopt an ordinance or resolution to prohibit or limit the use
20of consumer fireworks, display fireworks, or novelties if the
21use of such devices would constitute a threat to public safety
22or a nuisance to landowners. The bill provides that a person
23who uses fireworks when the use is prohibited or limited by an
24ordinance in the city or county in which the devices are used
25commits a simple misdemeanor, punishable by a fine of at least
26$250.
27The bill also provides certain restrictions on the use or
28explosion of consumer fireworks. The bill prohibits the use
29or explosion of consumer fireworks on days other than June
3024 through July 6 and December 24 through January 3 of each
31year. The bill prohibits the use or explosion of consumer
32fireworks at a time other than between the hours of 9:00 a.m.
33and 10:00 p.m.of those days, except as specified in the
34bill. The bill further prohibits the use of fireworks by a
35person on the real property of another person unless the owner
-14-1of the real property has consented to such use. Under the
2bill, a violation of these restrictions is considered a simple
3misdemeanor, provided, however, that a court shall not order
4imprisonment for such a violation.
5The bill requires the state fire marshal to adopt emergency
6rules to implement the provisions of the bill, which shall be
7effective immediately upon filing.
8The bill takes effect upon enactment.
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