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House Study Bill 171 - 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 that are not classified as novelties
13pursuant to APA 87-1, section 3.2.
14(8) Wheels.
15(9) Wire or dipped sparklers that are not classified as
16novelties pursuant to APA 87-1, section 3.2.
172. a. The state fire marshal shall establish a consumer
18fireworks seller license. An application for a consumer
19fireworks seller license shall be made on a form provided
20by the state fire marshal. The state fire marshal shall
21adopt rules consistent with this section establishing minimum
22requirements for a retailer or community group to be issued a
23consumer fireworks seller license.
24b. A person shall possess a consumer fireworks seller
25license under this section in order to sell consumer fireworks.
263. a. The state fire marshal shall establish a fee schedule
27for consumer fireworks seller licenses as follows:
28(1) For a retailer at a permanent building who devotes fifty
29percent or more of the retailer’s retail floor space to the
30sale or display of first-class consumer fireworks, an annual
31fee of one thousand dollars.
32(2) For a retailer at a temporary structure who devotes
33fifty percent or more of the retailer’s retail floor space
34to the sale or display of first-class consumer fireworks, an
35annual fee of five hundred dollars.
-2- 1(3) For a retailer who devotes less than fifty percent of
2the retailer’s retail floor space to the sale or display of
3first-class consumer fireworks, an annual fee of four hundred
4dollars.
5(4) For a community group that offers for sale, exposes for
6sale, or sells first-class consumer fireworks, an annual fee
7of four hundred dollars.
8(5) For a retailer or community group that offers for sale,
9exposes for sale, or sells second-class consumer fireworks,
10but not first-class consumer fireworks, an annual fee of one
11hundred dollars.
12b. A license issued to a retailer or community group
13pursuant to paragraph “a”, subparagraph (1), (2), (3), or (4),
14shall allow the licensee to sell both first-class consumer
15fireworks and second-class consumer fireworks.
164. The state fire marshal shall adopt rules to:
17a. Require that any retailer or community group offering
18for sale at retail any consumer fireworks, as described in APA
1987-1, chapter 3, shall do so in accordance with the national
20fire protection association standard 1124, published in the
21code for the manufacture, transportation, storage, and retail
22sales of fireworks and pyrotechnic articles, 2006 edition.
23b. Require that a retailer or community group to be issued
24a license pursuant to this section provide proof of and
25maintain commercial general liability insurance with minimum
26per occurrence coverage of at least one million dollars and
27aggregate coverage of at least two million dollars.
28c. Permit a retailer or community group issued a license
29pursuant to this section to sell consumer fireworks, as
30described in APA 87-1, chapter 3, at the following locations
31as specified:
32(1) At a permanent building that meets the requirements of
33paragraph “a”, between June 1 and July 8 and between December 10
34and January 3 each year, all dates inclusive.
35(2) At a temporary structure that meets the requirements of
-3-1paragraph “a” between June 13 and July 8 each year, both dates
2inclusive.
3d. A retailer or community group shall not transfer consumer
4fireworks, as described in APA 87-1, chapter 3, to a person who
5is under eighteen years of age.
65. a. The state fire marshal shall adopt rules to provide
7that a person’s consumer fireworks seller license may be
8revoked for the intentional violation of this section. The
9proceedings for revocation shall be held before the division
10of the state fire marshal, which may revoke the license or
11licenses involved as provided in paragraph “b”.
12b. (1) If, upon the hearing of the order to show cause,
13the division of the state fire marshal finds that the licensee
14intentionally violated this section, then the license or
15licenses under which the licensed retailer or community group
16sells first-class consumer fireworks or second-class consumer
17fireworks, shall be revoked.
18(2) Judicial review of actions of the division of the
19state fire marshal may be sought in accordance with the terms
20of the Iowa administrative procedure Act, chapter 17A. If
21the licensee has not filed a petition for judicial review in
22district court, revocation shall date from the thirty-first
23day following the date of the order of the division of the
24state fire marshal. If the licensee has filed a petition for
25judicial review, revocation shall date from the thirty-first
26day following entry of the order of the district court, if
27action by the district court is adverse to the licensee.
28(3) A new license shall not be issued to a person whose
29license has been revoked, or to the business in control of the
30premises on which the violation occurred if it is established
31that the owner of the business had actual knowledge of the
32violation resulting in the license revocation, for the period
33of one year following the date of revocation.
346. a. A consumer fireworks fee fund is created in the
35state treasury under the control of the state fire marshal.
-4-1Notwithstanding section 12C.7, interest or earnings on
2moneys in the consumer fireworks fee fund shall be credited
3to the consumer fireworks fee fund. Moneys in the fund are
4appropriated to the state fire marshal to be used to fulfill
5the responsibilities of the state fire marshal for the
6administration and enforcement of this section and section
7100.19A and to provide grants pursuant to paragraph “b”. The
8fund shall include the fees collected by the state fire marshal
9under the fee schedule established pursuant to subsection 3
10and the fees collected by the state fire marshal under section
11100.19A for wholesaler registration.
12b. The state fire marshal shall establish a local fire
13protection and emergency medical service providers grant
14program to provide grants to local fire protection service
15providers and local emergency medical service providers to
16establish or provide fireworks safety education programming
17to members of the public. The state fire marshal may also
18provide grants to local fire protection service providers and
19local emergency medical service providers for the purchase
20of necessary enforcement, protection, or emergency response
21equipment related to the sale and use of consumer fireworks in
22this state.
237. The state fire marshal shall adopt rules for the
24administration of this section.
258. A person who violates a provision of this section or a
26rule adopted pursuant to this section is guilty of a simple
27misdemeanor.
28 Sec. 4. NEW SECTION. 100.19A Consumer fireworks wholesaler
29— registration — penalty.
301. For purposes of this section:
31a. “Consumer fireworks” means first-class consumer fireworks
32and second-class consumer fireworks, as those terms are defined
33in section 100.19.
34b. “Wholesaler” means a person who engages in the business
35of selling or distributing consumer fireworks for the purpose
-5-1of resale in this state.
22. The state fire marshal shall adopt rules to require all
3wholesalers to annually register with the state fire marshal.
4The state fire marshal may also adopt rules to regulate the
5storage or transfer of consumer fireworks by wholesalers and to
6require wholesalers to maintain insurance.
73. The state fire marshal shall establish an annual
8registration fee of one thousand dollars for wholesalers
9of consumer fireworks within the state. Registration fees
10collected pursuant to this section shall be deposited in the
11consumer fireworks fee fund created in section 100.19.
124. A person who violates a provision of this section or a
13rule adopted pursuant to this section is guilty of a simple
14misdemeanor.
15 Sec. 5. Section 101A.1, subsection 3, Code 2017, is amended
16to read as follows:
173. “Explosive” means any chemical compound, mixture
18or device, the primary or common purpose of which is to
19function by explosion with substantially instantaneous
20release of gas and heat, unless such compound, mixture, or
21device is otherwise specifically classified by the United
22States department of transportation. The term “explosive”
23includes all materials which are classified as a class 1,
24division 1.1, 1.2, 1.3, or 1.4 explosive by the United States
25department of transportation, under 49 C.F.R. §173.50, and all
26materials classified as explosive materials under 18 U.S.C.
27§841, and includes, but is not limited to, dynamite, black
28powder, pellet powders, initiating explosives, blasting caps,
29electric blasting caps, safety fuse, fuse lighters, fuse
30igniters, squibs, cordeau detonative fuse, instantaneous fuse,
31igniter cord, igniters, smokeless propellant, cartridges for
32propellant-actuated power devices, cartridges for industrial
33guns, and overpressure devices, but does not include “fireworks”
34 as “consumer fireworks”, “display fireworks”, or “novelties” as
35those terms are defined in section 727.2 or ammunition or small
-6-1arms primers manufactured for use in shotguns, rifles, and
2pistols. Commercial explosives are those explosives which are
3intended to be used in commercial or industrial operations.
4 Sec. 6. Section 331.301, Code 2017, is amended by adding the
5following new subsection:
6 NEW SUBSECTION. 17. The board of supervisors may by
7ordinance or resolution prohibit or limit the use of consumer
8fireworks or display fireworks, as described in section 727.2,
9if the board determines that the use of such devices would
10constitute a threat to public safety or private property, or
11if the board determines that the use of such devices would
12constitute a nuisance to neighboring landowners.
13 Sec. 7. Section 331.304, subsection 8, Code 2017, is amended
14to read as follows:
158. The board, upon application, may grant permits for the
16display use of display fireworks as provided in section 727.2.
17 Sec. 8. Section 364.2, Code 2017, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 6. A city council may by ordinance or
20resolution prohibit or limit the use of consumer fireworks,
21display fireworks, or novelties, as described in section 727.2.
22 Sec. 9. Section 461A.42, subsection 2, Code 2017, is amended
23to read as follows:
242. The use of consumer fireworks or display fireworks,
25as defined in section 727.2, in state parks and preserves is
26prohibited except as authorized by a permit issued by the
27department. The commission shall establish, by rule adopted
28pursuant to chapter 17A, a fireworks permit system which
29authorizes the issuance of a limited number of permits to
30qualified persons to use or display fireworks in selected state
31parks and preserves.
32 Sec. 10. Section 727.2, Code 2017, is amended to read as
33follows:
34727.2 Fireworks.
351. Definitions. For purposes of this section:
-7- 1a. “Consumer fireworks” includes first-class consumer
2fireworks and second-class consumer fireworks as those terms
3are defined in section 100.19, subsection 1. “Consumer
4fireworks” does not include novelties enumerated in chapter
53 of the American pyrotechnics association’s standard 87-1
6or display fireworks enumerated in chapter 4 of the American
7pyrotechnics association’s standard 87-1.
8b. The term “fireworks” “Display fireworks” includes any
9explosive composition, or combination of explosive substances,
10or article prepared for the purpose of producing a visible
11or audible effect by combustion, explosion, deflagration,
12or detonation, and includes blank cartridges, firecrackers,
13torpedoes, skyrockets, roman candles, or other fireworks of
14like construction and fireworks containing any explosive or
15flammable compound, or other device containing any explosive
16substance. The term “fireworks” “Display fireworks” does not
17include goldstar-producing sparklers on wires which contain
18no magnesium or chlorate or perchlorate, flitter sparklers
19in paper tubes that do not exceed one-eighth of an inch in
20diameter, toy snakes which contain no mercury, or caps used
21in cap pistols novelties or consumer fireworks enumerated in
22chapter 3 of the American pyrotechnics association’s standard
2387-1.
24c. “Novelties” includes all novelties enumerated in chapter
253 of the American pyrotechnics association’s standard 87-1, and
26that comply with the labeling regulations promulgated by the
27United States consumer product safety commission.
282. Display fireworks.
29a. A person, firm, partnership, or corporation who offers
30for sale, exposes for sale, sells at retail, or uses or
31explodes any display fireworks, commits a simple misdemeanor.
32In addition to any other penalties, the punishment imposed
33for a violation of this section shall include assessment
34of, punishable by a fine of not less than two hundred fifty
35dollars. However, the a city council of a city or a county
-8-1board of supervisors may, upon application in writing, grant a
2permit for the display of display fireworks by municipalities,
3fair associations, amusement parks, and other organizations
4or groups of individuals approved by the city or the county
5board of supervisors when the display fireworks display will
6be handled by a competent operator, but no such permit shall
7be required for the display of display fireworks at the Iowa
8state fairgrounds by the Iowa state fair board, at incorporated
9county fairs, or at district fairs receiving state aid. Sales
10of display fireworks for such display may be made for that
11purpose only.
12b. (1) A person who uses or explodes display fireworks
13while the use of such devices is prohibited or limited by an
14ordinance or resolution adopted by the county or city in which
15the firework is used commits a simple misdemeanor, punishable
16by a fine of not less than two hundred fifty dollars.
17(2) A person who uses or explodes display fireworks while
18the use of such devices is suspended by an order of the state
19fire marshal commits a simple misdemeanor, punishable by a fine
20of not less than two hundred fifty dollars.
213. Consumer fireworks and novelties.
22a. A person or a firm, partnership, or corporation may
23possess, use, or explode consumer fireworks in accordance with
24this subsection and subsection 4.
25b. A person, firm, partnership, or corporation who sells
26consumer fireworks to a person who is less than eighteen years
27of age commits a simple misdemeanor, punishable by a fine of
28not less than two hundred fifty dollars. A person who is less
29than eighteen years of age who purchases consumer fireworks
30commits a simple misdemeanor, punishable by a fine of not less
31than two hundred fifty dollars.
32c. (1) A person who uses or explodes consumer fireworks
33or novelties while the use of such devices is prohibited or
34limited by an ordinance adopted by the county or city in which
35the fireworks are used commits a simple misdemeanor, punishable
-9-1by a fine of not less than two hundred fifty dollars.
2(2) A person who uses or explodes consumer fireworks or
3novelties while the use of such devices is suspended by an
4order of the state fire marshal commits a simple misdemeanor,
5punishable by a fine of not less than two hundred fifty
6dollars.
74. Limitations.
8a. A person shall not use or explode consumer fireworks on
9days other than June 1 through July 8 and December 10 through
10January 3 of each year, all dates inclusive.
11b. A person shall not use or explode consumer fireworks at
12times other than between the hours of 9:00 a.m.and 10:00 p.m.,
13except that on the following dates consumer fireworks shall not
14be used at times other than between the hours specified:
15(1) Between the hours of 9:00 a.m.and 11:00 p.m.on July
164 and the Saturdays and Sundays immediately preceding and
17following July 4.
18(2) Between the hours of 9:00 a.m.on December 31 and 12:30
19a.m.on the immediately following day.
20(3) Between the hours of 9:00 a.m.and 11:00 p.m.on the
21Saturdays and Sundays immediately preceding and following
22December 31.
23c. A person shall not use consumer fireworks on real
24property other than that person’s real property or on the real
25property of a person who has consented to the use of consumer
26fireworks on that property.
27d. A person who violates this subsection commits a simple
28misdemeanor. A court shall not order imprisonment for
29violation of this subsection.
303. 5. Applicability.
31a. This section does not prohibit the sale by a resident,
32dealer, manufacturer, or jobber of such fireworks as are
33not prohibited by this section, or the sale of any kind of
34fireworks if they are to be shipped out of the state, or the
35sale or use of blank cartridges for a show or the theater,
-10-1or for signal purposes in athletic sports or by railroads
2or trucks, for signal purposes, or by a recognized military
3organization.
4b. This section does not apply to any substance or
5composition prepared and sold for medicinal or fumigation
6purposes.
7c. Unless specifically provided otherwise, this section does
8not apply to novelties.
9DIVISION II
10RULEMAKING
11 Sec. 11. EMERGENCY RULES. The state fire marshal shall
12adopt emergency rules under section 17A.4, subsection 3, and
13section 17A.5, subsection 2, paragraph “b”, to implement
14the provisions of this Act and the rules shall be effective
15immediately upon filing unless a later date is specified in the
16rules. Any rules adopted in accordance with this section shall
17also be published as a notice of intended action as provided
18in section 17A.4.
19DIVISION III
20EFFECTIVE DATE
21 Sec. 12. EFFECTIVE UPON ENACTMENT. This Act, being deemed
22of immediate importance, takes effect upon enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to the regulation of fireworks.
27The bill provides that the state fire marshal has the duty to
28enforce all laws, and rules of the department of public safety
29concerned with the storage, transportation, handling, and use
30of fireworks.
31Current law provides that a person, firm, partnership, or
32corporation who offers for sale, exposes for sale, sells at
33retail, or uses or explodes any fireworks, commits a simple
34misdemeanor. Current law, however, also provides that a county
35board of supervisors or the department of natural resources may
-11-1grant a permit for the display of fireworks if the fireworks
2display will be handled by a competent operator. Current
3law further provides that the term “fireworks” includes any
4explosive composition, or combination of explosive substances,
5or article prepared for the purpose of producing a visible
6or audible effect by combustion, explosion, deflagration,
7or detonation, including blank cartridges, firecrackers,
8torpedoes, skyrockets, roman candles, or other fireworks of
9like construction and fireworks containing any explosive or
10flammable compound, or other device containing any explosive
11substance with limited exceptions.
12The bill maintains these restrictions for display fireworks
13and provides that the term “display fireworks” shall not
14include novelties or consumer fireworks. The bill provides
15definitions for the terms “novelties” and “consumer fireworks”.
16The bill requires that the state fire marshal establish
17a consumer fireworks seller license, and requires possession
18of such a license to legally sell consumer fireworks in this
19state. The state fire marshal is required to establish a fee
20schedule for consumer fireworks seller licenses. The bill
21establishes two classes of consumer fireworks and requires
22a $1,000 annual licensing fee for a retailer at a permanent
23building who devotes 50 percent or more of the retailer’s
24retail floor space to the sale or display of first-class
25consumer fireworks, and a $500 annual licensing fee for a
26retailer at a temporary structure who devotes 50 percent or
27more the retailer’s retail floor space to the sale or display
28of first-class consumer fireworks. Retailers who devote less
29than 50 percent of the retailer’s retail floor space to the
30sale or display of first-class consumer fireworks are required
31to pay an annual licensing fee of $400. A community group
32that sells first-class consumer fireworks is required to pay
33an annual licensing fee of $400. The bill requires an annual
34licensing fee of $100 for retailers or community groups that
35sell only second-class consumer fireworks.
-12- 1The bill requires that the state fire marshal adopt rules
2to require that licensed retailers and community groups only
3offer consumer fireworks for sale in accordance with specified
4industry standards. The bill also requires that retailers
5and community groups provide proof of and maintain commercial
6general liability insurance with specified coverage amounts.
7Under the bill, the state fire marshal is required to adopt
8rules to permit licensed retailers and community groups to sell
9consumer fireworks at conforming permanent buildings between
10June 1 and July 8 and between December 10 and January 3 each
11year and at conforming temporary structures from June 13 to
12July 8 each year.
13The bill also provides for the revocation of a consumer
14fireworks seller license for the intentional violation of
15licensing requirements. The bill establishes procedures
16for the revocation of such licenses and procedures for
17review for such revocations. The bill also establishes a
18consumer fireworks fee fund under the control of the state
19fire marshal. The fund shall consist of the fees collected
20for the licensing of retailers and community groups and the
21registration of wholesalers. The fund is required to be used
22for administration and enforcement of the state fire marshal’s
23consumer fireworks related duties and to provide grants to
24local fire protection and emergency medical service providers.
25The bill requires that the state fire marshal adopt rules
26to require that wholesalers of consumer fireworks annually
27register with the state fire marshal and allows the state fire
28marshal to adopt rules related to wholesaler insurance and the
29storage and transfer of consumer fireworks by wholesalers. The
30state fire marshal is also required to establish an annual
31$1,000 wholesaler registration fee to be deposited in the
32consumer fireworks fee fund.
33Under the bill, a violation of a licensing or registration
34provision established in Code or by rule is considered a simple
35misdemeanor. A simple misdemeanor is punishable by confinement
-13-1for no more than 30 days or a fine of at least $65 but not more
2than $625, or by both.
3The bill provides that a person or a firm, partnership, or
4corporation may possess consumer fireworks as provided in the
5bill. The bill provides that a person, firm, partnership, or
6corporation who sells any consumer firework to a person who
7is less than 18 years of age commits a simple misdemeanor.
8A person who is less than 18 years of age who purchases any
9consumer fireworks commits a simple misdemeanor. A simple
10misdemeanor is generally punishable by confinement for no more
11than 30 days or a fine of at least $65 but not more than $625 or
12by both, but the bill provides for a fine of at least $250.
13The bill provides that the state fire marshal may order the
14suspension of the use of consumer fireworks, display fireworks,
15or novelties if the fire marshal determines that the use of
16such devices would constitute a threat to public safety. The
17bill provides that a person who violates such an order by the
18fire marshal commits a simple misdemeanor, punishable by a fine
19of at least $250.
20The bill provides that a county board of supervisors may
21adopt an ordinance or resolution to prohibit or limit the
22use of consumer fireworks or display fireworks if the use of
23such devices would constitute a threat to public safety or
24a nuisance. The bill also provides that a city council may
25adopt an ordinance or resolution to prohibit or limit the use
26of consumer fireworks, display fireworks, or novelties if the
27use of such devices would constitute a threat to public safety
28or a nuisance to landowners. The bill provides that a person
29who uses fireworks when the use is prohibited or limited by an
30ordinance in the city or county in which the devices are used
31commits a simple misdemeanor, punishable by a fine of at least
32$250.
33The bill also provides certain restrictions on the use or
34explosion of consumer fireworks. The bill prohibits the use
35or explosion of consumer fireworks on days other than June
-14-11 through July 8 and December 10 through January 3 of each
2year. The bill prohibits the use or explosion of consumer
3fireworks at a time other than between the hours of 9:00 a.m.
4and 10:00 p.m.of those days, except as specified in the
5bill. The bill further prohibits the use of fireworks by a
6person on the real property of another person unless the owner
7of the real property has consented to such use. Under the
8bill, a violation of these restrictions is considered a simple
9misdemeanor, provided, however, that a court shall not order
10imprisonment for such a violation.
11The bill requires the state fire marshal to adopt emergency
12rules to implement the provisions of the bill, which shall be
13effective immediately upon filing.
14The 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 that are not classified as novelties
13pursuant to APA 87-1, section 3.2.
14(8) Wheels.
15(9) Wire or dipped sparklers that are not classified as
16novelties pursuant to APA 87-1, section 3.2.
172. a. The state fire marshal shall establish a consumer
18fireworks seller license. An application for a consumer
19fireworks seller license shall be made on a form provided
20by the state fire marshal. The state fire marshal shall
21adopt rules consistent with this section establishing minimum
22requirements for a retailer or community group to be issued a
23consumer fireworks seller license.
24b. A person shall possess a consumer fireworks seller
25license under this section in order to sell consumer fireworks.
263. a. The state fire marshal shall establish a fee schedule
27for consumer fireworks seller licenses as follows:
28(1) For a retailer at a permanent building who devotes fifty
29percent or more of the retailer’s retail floor space to the
30sale or display of first-class consumer fireworks, an annual
31fee of one thousand dollars.
32(2) For a retailer at a temporary structure who devotes
33fifty percent or more of the retailer’s retail floor space
34to the sale or display of first-class consumer fireworks, an
35annual fee of five hundred dollars.
-2- 1(3) For a retailer who devotes less than fifty percent of
2the retailer’s retail floor space to the sale or display of
3first-class consumer fireworks, an annual fee of four hundred
4dollars.
5(4) For a community group that offers for sale, exposes for
6sale, or sells first-class consumer fireworks, an annual fee
7of four hundred dollars.
8(5) For a retailer or community group that offers for sale,
9exposes for sale, or sells second-class consumer fireworks,
10but not first-class consumer fireworks, an annual fee of one
11hundred dollars.
12b. A license issued to a retailer or community group
13pursuant to paragraph “a”, subparagraph (1), (2), (3), or (4),
14shall allow the licensee to sell both first-class consumer
15fireworks and second-class consumer fireworks.
164. The state fire marshal shall adopt rules to:
17a. Require that any retailer or community group offering
18for sale at retail any consumer fireworks, as described in APA
1987-1, chapter 3, shall do so in accordance with the national
20fire protection association standard 1124, published in the
21code for the manufacture, transportation, storage, and retail
22sales of fireworks and pyrotechnic articles, 2006 edition.
23b. Require that a retailer or community group to be issued
24a license pursuant to this section provide proof of and
25maintain commercial general liability insurance with minimum
26per occurrence coverage of at least one million dollars and
27aggregate coverage of at least two million dollars.
28c. Permit a retailer or community group issued a license
29pursuant to this section to sell consumer fireworks, as
30described in APA 87-1, chapter 3, at the following locations
31as specified:
32(1) At a permanent building that meets the requirements of
33paragraph “a”, between June 1 and July 8 and between December 10
34and January 3 each year, all dates inclusive.
35(2) At a temporary structure that meets the requirements of
-3-1paragraph “a” between June 13 and July 8 each year, both dates
2inclusive.
3d. A retailer or community group shall not transfer consumer
4fireworks, as described in APA 87-1, chapter 3, to a person who
5is under eighteen years of age.
65. a. The state fire marshal shall adopt rules to provide
7that a person’s consumer fireworks seller license may be
8revoked for the intentional violation of this section. The
9proceedings for revocation shall be held before the division
10of the state fire marshal, which may revoke the license or
11licenses involved as provided in paragraph “b”.
12b. (1) If, upon the hearing of the order to show cause,
13the division of the state fire marshal finds that the licensee
14intentionally violated this section, then the license or
15licenses under which the licensed retailer or community group
16sells first-class consumer fireworks or second-class consumer
17fireworks, shall be revoked.
18(2) Judicial review of actions of the division of the
19state fire marshal may be sought in accordance with the terms
20of the Iowa administrative procedure Act, chapter 17A. If
21the licensee has not filed a petition for judicial review in
22district court, revocation shall date from the thirty-first
23day following the date of the order of the division of the
24state fire marshal. If the licensee has filed a petition for
25judicial review, revocation shall date from the thirty-first
26day following entry of the order of the district court, if
27action by the district court is adverse to the licensee.
28(3) A new license shall not be issued to a person whose
29license has been revoked, or to the business in control of the
30premises on which the violation occurred if it is established
31that the owner of the business had actual knowledge of the
32violation resulting in the license revocation, for the period
33of one year following the date of revocation.
346. a. A consumer fireworks fee fund is created in the
35state treasury under the control of the state fire marshal.
-4-1Notwithstanding section 12C.7, interest or earnings on
2moneys in the consumer fireworks fee fund shall be credited
3to the consumer fireworks fee fund. Moneys in the fund are
4appropriated to the state fire marshal to be used to fulfill
5the responsibilities of the state fire marshal for the
6administration and enforcement of this section and section
7100.19A and to provide grants pursuant to paragraph “b”. The
8fund shall include the fees collected by the state fire marshal
9under the fee schedule established pursuant to subsection 3
10and the fees collected by the state fire marshal under section
11100.19A for wholesaler registration.
12b. The state fire marshal shall establish a local fire
13protection and emergency medical service providers grant
14program to provide grants to local fire protection service
15providers and local emergency medical service providers to
16establish or provide fireworks safety education programming
17to members of the public. The state fire marshal may also
18provide grants to local fire protection service providers and
19local emergency medical service providers for the purchase
20of necessary enforcement, protection, or emergency response
21equipment related to the sale and use of consumer fireworks in
22this state.
237. The state fire marshal shall adopt rules for the
24administration of this section.
258. A person who violates a provision of this section or a
26rule adopted pursuant to this section is guilty of a simple
27misdemeanor.
28 Sec. 4. NEW SECTION. 100.19A Consumer fireworks wholesaler
29— registration — penalty.
301. For purposes of this section:
31a. “Consumer fireworks” means first-class consumer fireworks
32and second-class consumer fireworks, as those terms are defined
33in section 100.19.
34b. “Wholesaler” means a person who engages in the business
35of selling or distributing consumer fireworks for the purpose
-5-1of resale in this state.
22. The state fire marshal shall adopt rules to require all
3wholesalers to annually register with the state fire marshal.
4The state fire marshal may also adopt rules to regulate the
5storage or transfer of consumer fireworks by wholesalers and to
6require wholesalers to maintain insurance.
73. The state fire marshal shall establish an annual
8registration fee of one thousand dollars for wholesalers
9of consumer fireworks within the state. Registration fees
10collected pursuant to this section shall be deposited in the
11consumer fireworks fee fund created in section 100.19.
124. A person who violates a provision of this section or a
13rule adopted pursuant to this section is guilty of a simple
14misdemeanor.
15 Sec. 5. Section 101A.1, subsection 3, Code 2017, is amended
16to read as follows:
173. “Explosive” means any chemical compound, mixture
18or device, the primary or common purpose of which is to
19function by explosion with substantially instantaneous
20release of gas and heat, unless such compound, mixture, or
21device is otherwise specifically classified by the United
22States department of transportation. The term “explosive”
23includes all materials which are classified as a class 1,
24division 1.1, 1.2, 1.3, or 1.4 explosive by the United States
25department of transportation, under 49 C.F.R. §173.50, and all
26materials classified as explosive materials under 18 U.S.C.
27§841, and includes, but is not limited to, dynamite, black
28powder, pellet powders, initiating explosives, blasting caps,
29electric blasting caps, safety fuse, fuse lighters, fuse
30igniters, squibs, cordeau detonative fuse, instantaneous fuse,
31igniter cord, igniters, smokeless propellant, cartridges for
32propellant-actuated power devices, cartridges for industrial
33guns, and overpressure devices, but does not include “fireworks”
34 as “consumer fireworks”, “display fireworks”, or “novelties” as
35those terms are defined in section 727.2 or ammunition or small
-6-1arms primers manufactured for use in shotguns, rifles, and
2pistols. Commercial explosives are those explosives which are
3intended to be used in commercial or industrial operations.
4 Sec. 6. Section 331.301, Code 2017, is amended by adding the
5following new subsection:
6 NEW SUBSECTION. 17. The board of supervisors may by
7ordinance or resolution prohibit or limit the use of consumer
8fireworks or display fireworks, as described in section 727.2,
9if the board determines that the use of such devices would
10constitute a threat to public safety or private property, or
11if the board determines that the use of such devices would
12constitute a nuisance to neighboring landowners.
13 Sec. 7. Section 331.304, subsection 8, Code 2017, is amended
14to read as follows:
158. The board, upon application, may grant permits for the
16display use of display fireworks as provided in section 727.2.
17 Sec. 8. Section 364.2, Code 2017, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 6. A city council may by ordinance or
20resolution prohibit or limit the use of consumer fireworks,
21display fireworks, or novelties, as described in section 727.2.
22 Sec. 9. Section 461A.42, subsection 2, Code 2017, is amended
23to read as follows:
242. The use of consumer fireworks or display fireworks,
25as defined in section 727.2, in state parks and preserves is
26prohibited except as authorized by a permit issued by the
27department. The commission shall establish, by rule adopted
28pursuant to chapter 17A, a fireworks permit system which
29authorizes the issuance of a limited number of permits to
30qualified persons to use or display fireworks in selected state
31parks and preserves.
32 Sec. 10. Section 727.2, Code 2017, is amended to read as
33follows:
34727.2 Fireworks.
351. Definitions. For purposes of this section:
-7- 1a. “Consumer fireworks” includes first-class consumer
2fireworks and second-class consumer fireworks as those terms
3are defined in section 100.19, subsection 1. “Consumer
4fireworks” does not include novelties enumerated in chapter
53 of the American pyrotechnics association’s standard 87-1
6or display fireworks enumerated in chapter 4 of the American
7pyrotechnics association’s standard 87-1.
8b. The term “fireworks” “Display fireworks” includes any
9explosive composition, or combination of explosive substances,
10or article prepared for the purpose of producing a visible
11or audible effect by combustion, explosion, deflagration,
12or detonation, and includes blank cartridges, firecrackers,
13torpedoes, skyrockets, roman candles, or other fireworks of
14like construction and fireworks containing any explosive or
15flammable compound, or other device containing any explosive
16substance. The term “fireworks” “Display fireworks” does not
17include goldstar-producing sparklers on wires which contain
18no magnesium or chlorate or perchlorate, flitter sparklers
19in paper tubes that do not exceed one-eighth of an inch in
20diameter, toy snakes which contain no mercury, or caps used
21in cap pistols novelties or consumer fireworks enumerated in
22chapter 3 of the American pyrotechnics association’s standard
2387-1.
24c. “Novelties” includes all novelties enumerated in chapter
253 of the American pyrotechnics association’s standard 87-1, and
26that comply with the labeling regulations promulgated by the
27United States consumer product safety commission.
282. Display fireworks.
29a. A person, firm, partnership, or corporation who offers
30for sale, exposes for sale, sells at retail, or uses or
31explodes any display fireworks, commits a simple misdemeanor.
32In addition to any other penalties, the punishment imposed
33for a violation of this section shall include assessment
34of, punishable by a fine of not less than two hundred fifty
35dollars. However, the a city council of a city or a county
-8-1board of supervisors may, upon application in writing, grant a
2permit for the display of display fireworks by municipalities,
3fair associations, amusement parks, and other organizations
4or groups of individuals approved by the city or the county
5board of supervisors when the display fireworks display will
6be handled by a competent operator, but no such permit shall
7be required for the display of display fireworks at the Iowa
8state fairgrounds by the Iowa state fair board, at incorporated
9county fairs, or at district fairs receiving state aid. Sales
10of display fireworks for such display may be made for that
11purpose only.
12b. (1) A person who uses or explodes display fireworks
13while the use of such devices is prohibited or limited by an
14ordinance or resolution adopted by the county or city in which
15the firework is used commits a simple misdemeanor, punishable
16by a fine of not less than two hundred fifty dollars.
17(2) A person who uses or explodes display fireworks while
18the use of such devices is suspended by an order of the state
19fire marshal commits a simple misdemeanor, punishable by a fine
20of not less than two hundred fifty dollars.
213. Consumer fireworks and novelties.
22a. A person or a firm, partnership, or corporation may
23possess, use, or explode consumer fireworks in accordance with
24this subsection and subsection 4.
25b. A person, firm, partnership, or corporation who sells
26consumer fireworks to a person who is less than eighteen years
27of age commits a simple misdemeanor, punishable by a fine of
28not less than two hundred fifty dollars. A person who is less
29than eighteen years of age who purchases consumer fireworks
30commits a simple misdemeanor, punishable by a fine of not less
31than two hundred fifty dollars.
32c. (1) A person who uses or explodes consumer fireworks
33or novelties while the use of such devices is prohibited or
34limited by an ordinance adopted by the county or city in which
35the fireworks are used commits a simple misdemeanor, punishable
-9-1by a fine of not less than two hundred fifty dollars.
2(2) A person who uses or explodes consumer fireworks or
3novelties while the use of such devices is suspended by an
4order of the state fire marshal commits a simple misdemeanor,
5punishable by a fine of not less than two hundred fifty
6dollars.
74. Limitations.
8a. A person shall not use or explode consumer fireworks on
9days other than June 1 through July 8 and December 10 through
10January 3 of each year, all dates inclusive.
11b. A person shall not use or explode consumer fireworks at
12times other than between the hours of 9:00 a.m.and 10:00 p.m.,
13except that on the following dates consumer fireworks shall not
14be used at times other than between the hours specified:
15(1) Between the hours of 9:00 a.m.and 11:00 p.m.on July
164 and the Saturdays and Sundays immediately preceding and
17following July 4.
18(2) Between the hours of 9:00 a.m.on December 31 and 12:30
19a.m.on the immediately following day.
20(3) Between the hours of 9:00 a.m.and 11:00 p.m.on the
21Saturdays and Sundays immediately preceding and following
22December 31.
23c. A person shall not use consumer fireworks on real
24property other than that person’s real property or on the real
25property of a person who has consented to the use of consumer
26fireworks on that property.
27d. A person who violates this subsection commits a simple
28misdemeanor. A court shall not order imprisonment for
29violation of this subsection.
303. 5. Applicability.
31a. This section does not prohibit the sale by a resident,
32dealer, manufacturer, or jobber of such fireworks as are
33not prohibited by this section, or the sale of any kind of
34fireworks if they are to be shipped out of the state, or the
35sale or use of blank cartridges for a show or the theater,
-10-1or for signal purposes in athletic sports or by railroads
2or trucks, for signal purposes, or by a recognized military
3organization.
4b. This section does not apply to any substance or
5composition prepared and sold for medicinal or fumigation
6purposes.
7c. Unless specifically provided otherwise, this section does
8not apply to novelties.
9DIVISION II
10RULEMAKING
11 Sec. 11. EMERGENCY RULES. The state fire marshal shall
12adopt emergency rules under section 17A.4, subsection 3, and
13section 17A.5, subsection 2, paragraph “b”, to implement
14the provisions of this Act and the rules shall be effective
15immediately upon filing unless a later date is specified in the
16rules. Any rules adopted in accordance with this section shall
17also be published as a notice of intended action as provided
18in section 17A.4.
19DIVISION III
20EFFECTIVE DATE
21 Sec. 12. EFFECTIVE UPON ENACTMENT. This Act, being deemed
22of immediate importance, takes effect upon enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to the regulation of fireworks.
27The bill provides that the state fire marshal has the duty to
28enforce all laws, and rules of the department of public safety
29concerned with the storage, transportation, handling, and use
30of fireworks.
31Current law provides that a person, firm, partnership, or
32corporation who offers for sale, exposes for sale, sells at
33retail, or uses or explodes any fireworks, commits a simple
34misdemeanor. Current law, however, also provides that a county
35board of supervisors or the department of natural resources may
-11-1grant a permit for the display of fireworks if the fireworks
2display will be handled by a competent operator. Current
3law further provides that the term “fireworks” includes any
4explosive composition, or combination of explosive substances,
5or article prepared for the purpose of producing a visible
6or audible effect by combustion, explosion, deflagration,
7or detonation, including blank cartridges, firecrackers,
8torpedoes, skyrockets, roman candles, or other fireworks of
9like construction and fireworks containing any explosive or
10flammable compound, or other device containing any explosive
11substance with limited exceptions.
12The bill maintains these restrictions for display fireworks
13and provides that the term “display fireworks” shall not
14include novelties or consumer fireworks. The bill provides
15definitions for the terms “novelties” and “consumer fireworks”.
16The bill requires that the state fire marshal establish
17a consumer fireworks seller license, and requires possession
18of such a license to legally sell consumer fireworks in this
19state. The state fire marshal is required to establish a fee
20schedule for consumer fireworks seller licenses. The bill
21establishes two classes of consumer fireworks and requires
22a $1,000 annual licensing fee for a retailer at a permanent
23building who devotes 50 percent or more of the retailer’s
24retail floor space to the sale or display of first-class
25consumer fireworks, and a $500 annual licensing fee for a
26retailer at a temporary structure who devotes 50 percent or
27more the retailer’s retail floor space to the sale or display
28of first-class consumer fireworks. Retailers who devote less
29than 50 percent of the retailer’s retail floor space to the
30sale or display of first-class consumer fireworks are required
31to pay an annual licensing fee of $400. A community group
32that sells first-class consumer fireworks is required to pay
33an annual licensing fee of $400. The bill requires an annual
34licensing fee of $100 for retailers or community groups that
35sell only second-class consumer fireworks.
-12- 1The bill requires that the state fire marshal adopt rules
2to require that licensed retailers and community groups only
3offer consumer fireworks for sale in accordance with specified
4industry standards. The bill also requires that retailers
5and community groups provide proof of and maintain commercial
6general liability insurance with specified coverage amounts.
7Under the bill, the state fire marshal is required to adopt
8rules to permit licensed retailers and community groups to sell
9consumer fireworks at conforming permanent buildings between
10June 1 and July 8 and between December 10 and January 3 each
11year and at conforming temporary structures from June 13 to
12July 8 each year.
13The bill also provides for the revocation of a consumer
14fireworks seller license for the intentional violation of
15licensing requirements. The bill establishes procedures
16for the revocation of such licenses and procedures for
17review for such revocations. The bill also establishes a
18consumer fireworks fee fund under the control of the state
19fire marshal. The fund shall consist of the fees collected
20for the licensing of retailers and community groups and the
21registration of wholesalers. The fund is required to be used
22for administration and enforcement of the state fire marshal’s
23consumer fireworks related duties and to provide grants to
24local fire protection and emergency medical service providers.
25The bill requires that the state fire marshal adopt rules
26to require that wholesalers of consumer fireworks annually
27register with the state fire marshal and allows the state fire
28marshal to adopt rules related to wholesaler insurance and the
29storage and transfer of consumer fireworks by wholesalers. The
30state fire marshal is also required to establish an annual
31$1,000 wholesaler registration fee to be deposited in the
32consumer fireworks fee fund.
33Under the bill, a violation of a licensing or registration
34provision established in Code or by rule is considered a simple
35misdemeanor. A simple misdemeanor is punishable by confinement
-13-1for no more than 30 days or a fine of at least $65 but not more
2than $625, or by both.
3The bill provides that a person or a firm, partnership, or
4corporation may possess consumer fireworks as provided in the
5bill. The bill provides that a person, firm, partnership, or
6corporation who sells any consumer firework to a person who
7is less than 18 years of age commits a simple misdemeanor.
8A person who is less than 18 years of age who purchases any
9consumer fireworks commits a simple misdemeanor. A simple
10misdemeanor is generally punishable by confinement for no more
11than 30 days or a fine of at least $65 but not more than $625 or
12by both, but the bill provides for a fine of at least $250.
13The bill provides that the state fire marshal may order the
14suspension of the use of consumer fireworks, display fireworks,
15or novelties if the fire marshal determines that the use of
16such devices would constitute a threat to public safety. The
17bill provides that a person who violates such an order by the
18fire marshal commits a simple misdemeanor, punishable by a fine
19of at least $250.
20The bill provides that a county board of supervisors may
21adopt an ordinance or resolution to prohibit or limit the
22use of consumer fireworks or display fireworks if the use of
23such devices would constitute a threat to public safety or
24a nuisance. The bill also provides that a city council may
25adopt an ordinance or resolution to prohibit or limit the use
26of consumer fireworks, display fireworks, or novelties if the
27use of such devices would constitute a threat to public safety
28or a nuisance to landowners. The bill provides that a person
29who uses fireworks when the use is prohibited or limited by an
30ordinance in the city or county in which the devices are used
31commits a simple misdemeanor, punishable by a fine of at least
32$250.
33The bill also provides certain restrictions on the use or
34explosion of consumer fireworks. The bill prohibits the use
35or explosion of consumer fireworks on days other than June
-14-11 through July 8 and December 10 through January 3 of each
2year. The bill prohibits the use or explosion of consumer
3fireworks at a time other than between the hours of 9:00 a.m.
4and 10:00 p.m.of those days, except as specified in the
5bill. The bill further prohibits the use of fireworks by a
6person on the real property of another person unless the owner
7of the real property has consented to such use. Under the
8bill, a violation of these restrictions is considered a simple
9misdemeanor, provided, however, that a court shall not order
10imprisonment for such a violation.
11The bill requires the state fire marshal to adopt emergency
12rules to implement the provisions of the bill, which shall be
13effective immediately upon filing.
14The bill takes effect upon enactment.
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