|
Senate Engrossed |
|
State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
|
|
SENATE BILL 1348 |
|
|
|
|
AN ACT
Amending sections 36-1601, 36‑1606 and 36‑1607, Arizona Revised Statutes; relating to fireworks.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-1601, Arizona Revised Statutes, is amended to read:
36-1601. Definitions
In this article, unless the context otherwise requires:
1. "APA 87‑1" means the American pyrotechnics association standard 87‑1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.
2. "Consumer firework" means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations parts 172 and 173, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87‑1.
3. "Display firework" means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87‑1.
4. "Fireworks":
(a) Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework.
(b) Does not include:
(i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty‑five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion.
(ii) Toy pistol paper caps that contain less than twenty‑hundredths grains of explosive mixture, or fixed ammunition or primers therefor.
(iii) Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers.
(iv) Permissible consumer fireworks.
5. "Governing body" means the board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town and means the governing body of an incorporated city or town as to the area within its corporate limits.
6. "NFPA 1124" means the national fire protection association code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles, 2013 edition as published in August 2012.
7. "Permissible consumer fireworks":
(a) Means the following types of consumer fireworks as defined by the APA 87‑1:
(i) Ground and handheld sparkling devices.
(ii) Cylindrical fountains.
(iii) Cone fountains.
(iv) Illuminating torches.
(v) Wheels.
(vi) Ground spinners.
(vii) Flitter sparklers.
(viii) Toy smoke devices.
(ix) Wire sparklers or dipped sticks.
(x) Multiple tube ground and handheld sparkling devices, cylindrical fountains, cone fountains and illuminating torches manufactured in accordance with section 3.5 of the APA 87‑1.
(b) Includes, in a county with a population of more than five hundred thousand persons, adult snappers. For the purposes of this subdivision, "adult snapper" means a device that consists of a paper wrapped or plastic tube that does not contain a fuse and produces a single report and meets all applicable requirements for fuseless firecrackers as defined by the consumer product safety commission and the American fireworks safety laboratory.
(b) (c) Does not include anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, including firework items defined by the APA 87‑1 and known as firecrackers, bottle rockets, sky rockets, missile-type rockets, helicopters, aerial spinners, torpedoes, roman candles, mine devices, shell devices and aerial shell kits or reloadable tubes.
8. "Person" includes an individual, partnership, firm or corporation.
Sec. 2. Section 36-1606, Arizona Revised Statutes, is amended to read:
36-1606. Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction
A. The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and their sale or use is not subject to further regulation by a governing body, except as follows:
1. In a county with a population of more than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following:
(a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks within its corporate limits.
(b) Prohibit the sale of permissible consumer fireworks on days other than April 25 through May 7, May 20 through July 6 and December 10 through January 3 of each year and five days before the first day of Diwali and ending two days after the last day of Diwali of each year.
(c) Prohibit the use of permissible consumer fireworks on days other than April 25 through May 7, June 24 through July 6 and December 24 through January 3 of each year and five days before the first day of Diwali and ending two days after the last day of Diwali of each year.
(d) Prohibit on all days the use of permissible consumer fireworks within a one mile one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes.
(e) Prohibit on all days during a stage one or higher fire restriction the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area.
2. In a county with a population of less than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following:
(a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks.
(b) Prohibit the sale of permissible consumer fireworks on days other than May 20 through July 6 and December 10 through January 3 of each year. The sale of permissible consumer fireworks may be prohibited on days between May 20 through July 6 and December 10 through January 3 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place.
(c) Prohibit the use of permissible consumer fireworks on days other than June 24 through July 6 and December 24 through January 3 of each year. The use of permissible consumer fireworks may be prohibited during June 24 through July 6 and December 24 through January 3 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or greater higher fire restriction is in place.
(d) Prohibit on all days the use of permissible consumer fireworks within a one mile one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes.
(e) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area.
B. A governing body that chooses to regulate, consistent with the requirements set forth in NFPA 1124 and subsection A of this section, the sale or use of permissible consumer fireworks may not require any additional signage requirements for the sale or use of permissible consumer fireworks other than those signage requirements stipulated in NFPA 1124, except that additional signage that is eight and one‑half inches by eleven inches in size, that is on cardstock paper in landscape orientation, and that contains the following language and that lists the days of that year that are described in subsection A, paragraphs 1 and 2 of this section relating to the time frame surrounding Diwali, on a contrasting background may be posted by the retail sales display of permissible consumer fireworks:
State of Arizona
Consumer Fireworks Regulations
Arizona Revised Statutes section 36‑1601, et al.
The use of permissible consumer fireworks
as defined under state law is allowed:
April 25 ‑ May 7, June 24 - July 6 and December 24 - January 3
The sale of permissible consumer fireworks
as defined under state law is allowed:
April 25 ‑ May 7, May 20 - July 6 and December 10 - January 3
All other fireworks are prohibited, except
as authorized by local fire department permit.
The sale and use of novelties known as snappers (pop-its),
party poppers, glow worms, snakes, toy smoke devices and
sparklers are permitted at all times.
Permissible consumer fireworks may not be sold to
persons under sixteen years of age.
Check with your local fire department for additional
regulations and dates before using.
C. This article does not prohibit the imposition by ordinance of further regulations and prohibitions by a governing body on the sale, use and possession of fireworks other than permissible consumer fireworks. A governing body may not allow or authorize the sale, use or possession of any fireworks in violation of this article.
Sec. 3. Section 36-1607, Arizona Revised Statutes, is amended to read:
36-1607. Seizure; enforcement
A. The Arizona highway patrol or any sheriff or other peace officer shall seize, remove or cause to be removed, at the expense of the owner, all fireworks or combustibles offered or exposed for sale, stored or possessed in violation of this article.
B. In addition to the persons specified in subsection A of this section, a fire marshal working for or contracted with a city, town, fire district or county may seize, remove or cause to be removed all fireworks for sale or offered for sale in the fire marshal's jurisdiction. The city, town, fire district or county may impose a fine on the owner of the fireworks that at a minimum covers the cost of the enforcement of this subsection.
C. A person that has fireworks confiscated more than two times in a five‑year period is prohibited from selling permissible consumer fireworks in this state for the three succeeding years following the most recent violation.