H.F. _____ Section 1. Section 100.1, subsection 4, paragraph b, Code 1 2015, is amended to read as follows: 2 b. The storage, transportation, handling, and use of 3 flammable liquids, combustibles, fireworks, and explosives; 4 Sec. 2. Section 100.1, Code 2015, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 8. To order the suspension of the use 7 of consumer fireworks, display fireworks, or novelties, as 8 described in section 727.2, if the fire marshal determines that 9 the use of such devices would constitute a threat to public 10 safety. 11 Sec. 3. NEW SECTION . 100.19 Consumer fireworks seller 12 licensing —— penalty. 13 1. As used in this section: 14 a. “APA 87-1” means the American pyrotechnics association 15 standard 87-1, as published in December 2001. 16 b. “Community group” means a nonprofit entity that is open 17 for membership to the general public which is exempt from 18 federal income taxation pursuant to section 501(c)(3) of the 19 Internal Revenue Code or a fraternal benefit society, as that 20 term is defined in section 512B.3. 21 c. “First-class consumer fireworks” means the following 22 consumer fireworks, as described in APA 87-1, chapter 3: 23 (1) Aerial shell kits and reloadable tubes. 24 (2) Chasers. 25 (3) Helicopter and aerial spinners. 26 (4) Firecrackers. 27 (5) Mine and shell devices. 28 (6) Missile-type rockets. 29 (7) Roman candles. 30 (8) Sky rockets and bottle rockets. 31 (9) Multiple tube devices under this paragraph “c” that are 32 manufactured in accordance with APA 87-1, section 3.5. 33 d. “Retailer” means an individual or entity engaged in 34 this state in the business of selling consumer fireworks, as 35 -1- LSB 1950YC (3) 86 aw/nh 1/ 13

H.F. _____ described in APA 87-1, chapter 3, on a retail basis. 1 e. “Second-class consumer fireworks” means the following 2 consumer fireworks, as described in APA 87-1, chapter 3: 3 (1) Cone fountains. 4 (2) Cylindrical fountains. 5 (3) Flitter sparklers. 6 (4) Ground and hand-held sparkling devices, including 7 multiple tube ground and hand-held sparkling devices that are 8 manufactured in accordance with APA 87-1, section 3.5. 9 (5) Ground spinners. 10 (6) Illuminating torches. 11 (7) Toy smoke devices. 12 (8) Wheels. 13 (9) Wire or dipped sparklers. 14 2. a. The state fire marshal shall establish a consumer 15 fireworks seller license. An application for a consumer 16 fireworks seller license shall be made on a form provided 17 by the state fire marshal. The state fire marshal shall 18 adopt rules consistent with this section establishing minimum 19 requirements for a retailer or community group to be issued a 20 consumer fireworks seller license. 21 b. A person shall possess a consumer fireworks seller 22 license under this section in order to sell consumer fireworks. 23 3. a. The state fire marshal shall establish a fee schedule 24 for consumer fireworks seller licenses as follows: 25 (1) For a retailer who devotes fifty percent or more of 26 the retailer’s retail floor space to the sale or display of 27 first-class consumer fireworks, an annual fee of four hundred 28 dollars. 29 (2) For a retailer who devotes less than fifty percent of 30 the retailer’s retail floor space to the sale or display of 31 first-class consumer fireworks, an annual fee of two hundred 32 dollars. 33 (3) For a community group that offers for sale, exposes for 34 sale, or sells first-class consumer fireworks, an annual fee 35 -2- LSB 1950YC (3) 86 aw/nh 2/ 13

H.F. _____ of two hundred dollars. 1 (4) For a retailer or community group that offers for sale, 2 exposes for sale, or sells second-class consumer fireworks, 3 but not first-class consumer fireworks, an annual fee of 4 twenty-five dollars. 5 b. A license issued to a retailer or community group 6 pursuant to paragraph “a” , subparagraph (1), (2), or (3), shall 7 allow the licensee to sell both first-class consumer fireworks 8 and second-class consumer fireworks. 9 4. The state fire marshal shall adopt rules to: 10 a. Require that any retailer or community group offering 11 for sale at retail any consumer fireworks, as described in APA 12 87-1, chapter 3, shall do so in accordance with the national 13 fire protection association standard 1124, published in the 14 code for the manufacture, transportation, storage, and retail 15 sales of fireworks and pyrotechnic articles, 2006 edition. 16 b. Require that a retailer or community group to be issued a 17 license pursuant to this section provide proof of and maintain 18 public liability insurance and product liability insurance 19 with minimum per occurrence coverage of at least five million 20 dollars. 21 c. Permit a retailer or community group issued a license 22 pursuant to this section to sell consumer fireworks, as 23 described in APA 87-1, chapter 3, at the following locations 24 as specified: 25 (1) At a permanent building that meets the requirements of 26 paragraph “a” , year-round. 27 (2) At a temporary structure that meets the requirements of 28 paragraph “a” between June 13 and July 11 each year. 29 d. A retailer or community group shall not transfer consumer 30 fireworks, as described in APA 87-1, chapter 3, to a person who 31 is under eighteen years of age. 32 5. a. The state fire marshal shall adopt rules to provide 33 that a person’s consumer fireworks seller license may be 34 revoked for the intentional violation of this section. The 35 -3- LSB 1950YC (3) 86 aw/nh 3/ 13

H.F. _____ proceedings for revocation shall be held before the division 1 of the state fire marshal, which may revoke the license or 2 licenses involved as provided in paragraph “b” . 3 b. (1) If, upon the hearing of the order to show cause, 4 the division of the state fire marshal finds that the licensee 5 intentionally violated this section, then the license or 6 licenses under which the licensed retailer or community group 7 sells first-class consumer fireworks or second-class consumer 8 fireworks, shall be revoked. 9 (2) Judicial review of actions of the division of the 10 state fire marshal may be sought in accordance with the terms 11 of the Iowa administrative procedure Act, chapter 17A. If 12 the licensee has not filed a petition for judicial review in 13 district court, revocation shall date from the thirty-first 14 day following the date of the order of the division of the 15 state fire marshal. If the licensee has filed a petition for 16 judicial review, revocation shall date from the thirty-first 17 day following entry of the order of the district court, if 18 action by the district court is adverse to the licensee. 19 (3) A new license or shall not be issued to a person whose 20 license has been revoked, or to the business in control of the 21 premises on which the violation occurred if it is established 22 that the owner of the business had actual knowledge of the 23 violation resulting in the license revocation, for the period 24 of one year following the date of revocation. 25 6. a. A consumer fireworks seller license fee fund is 26 created in the state treasury under the control of the state 27 fire marshal. Notwithstanding section 12C.7, interest or 28 earnings on moneys in the consumer fireworks seller license fee 29 fund shall be credited to the consumer fireworks seller license 30 fee fund. Moneys in the fund are appropriated to the state 31 fire marshal to be used to fulfill the responsibilities of 32 the state fire marshal for the administration and enforcement 33 of this section and to provide grants pursuant to paragraph 34 “b” . The fund shall include the fees collected by the state 35 -4- LSB 1950YC (3) 86 aw/nh 4/ 13

H.F. _____ fire marshal under the fee schedule established pursuant to 1 subsection 3. 2 b. The state fire marshal shall establish a local fire 3 protection and emergency medical service providers grant 4 program to provide grants to local fire protection service 5 providers and local emergency medical service providers to 6 establish or provide fireworks safety education programming 7 to members of the public. The state fire marshal may also 8 provide grants to local fire protection service providers and 9 local emergency medical service providers for the purchase 10 of necessary enforcement, protection, or emergency response 11 equipment related to the sale and use of consumer fireworks in 12 this state. 13 7. The state fire marshal shall adopt rules for the 14 administration of this section. 15 8. A person who violates a provision of this section or a 16 rule adopted pursuant to this section is guilty of a simple 17 misdemeanor. 18 Sec. 4. Section 101A.1, subsection 3, Code 2015, is amended 19 to read as follows: 20 3. “Explosive” means any chemical compound, mixture 21 or device, the primary or common purpose of which is to 22 function by explosion with substantially instantaneous 23 release of gas and heat, unless such compound, mixture, or 24 device is otherwise specifically classified by the United 25 States department of transportation. The term “explosive” 26 includes all materials which are classified as a class 1, 27 division 1.1, 1.2, 1.3, or 1.4 explosive by the United States 28 department of transportation, under 49 C.F.R. §173.50, and all 29 materials classified as explosive materials under 18 U.S.C. 30 §841, and includes, but is not limited to, dynamite, black 31 powder, pellet powders, initiating explosives, blasting caps, 32 electric blasting caps, safety fuse, fuse lighters, fuse 33 igniters, squibs, cordeau detonative fuse, instantaneous fuse, 34 igniter cord, igniters, smokeless propellant, cartridges for 35 -5- LSB 1950YC (3) 86 aw/nh 5/ 13

H.F. _____ propellant-actuated power devices, cartridges for industrial 1 guns, and overpressure devices, but does not include “fireworks” 2 as “consumer fireworks” , “display fireworks” , or “novelties” as 3 those terms are defined in section 727.2 or ammunition or small 4 arms primers manufactured for use in shotguns, rifles, and 5 pistols. Commercial explosives are those explosives which are 6 intended to be used in commercial or industrial operations. 7 Sec. 5. Section 331.301, Code 2015, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 17. The board of supervisors may by 10 resolution suspend the use of display fireworks, as described 11 in section 727.2, if the board determines that the use of such 12 devices would constitute a threat to public safety. 13 Sec. 6. Section 331.304, subsection 9, Code 2015, is amended 14 to read as follows: 15 9. The board, upon application, may grant permits for the 16 display use of display fireworks as provided in section 727.2 . 17 Sec. 7. Section 364.2, Code 2015, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 6. A city council may by resolution suspend 20 the use of consumer fireworks, display fireworks, or novelties, 21 as described in section 727.2, if the city council determines 22 that the use of such devices would constitute a threat to 23 public safety. 24 Sec. 8. Section 461A.42, subsection 2, Code 2015, is amended 25 to read as follows: 26 2. The use of consumer fireworks, display fireworks, and 27 novelties, as defined in section 727.2 , in state parks and 28 preserves is prohibited except as authorized by a permit issued 29 by the department. The commission shall establish, by rule 30 adopted pursuant to chapter 17A , a fireworks permit system 31 which authorizes the issuance of a limited number of permits to 32 qualified persons to use or display fireworks in selected state 33 parks and preserves. 34 Sec. 9. Section 727.2, Code 2015, is amended to read as 35 -6- LSB 1950YC (3) 86 aw/nh 6/ 13

H.F. _____ follows: 1 727.2 Fireworks. 2 1. Definitions. For purposes of this section: 3 a. “Consumer fireworks” includes first-class consumer 4 fireworks and second-class consumer fireworks as those terms 5 are defined in section 100.19, subsection 1. 6 b. The term “fireworks” “Display fireworks” includes any 7 explosive composition, or combination of explosive substances, 8 or article prepared for the purpose of producing a visible 9 or audible effect by combustion, explosion, deflagration, 10 or detonation, and includes blank cartridges, firecrackers, 11 torpedoes, skyrockets, roman candles, or other fireworks of 12 like construction and fireworks containing any explosive or 13 flammable compound, or other device containing any explosive 14 substance. The term “fireworks” “Display fireworks” does not 15 include goldstar-producing sparklers on wires which contain 16 no magnesium or chlorate or perchlorate, flitter sparklers 17 in paper tubes that do not exceed one-eighth of an inch in 18 diameter, toy snakes which contain no mercury, or caps used 19 in cap pistols novelties or consumer fireworks enumerated in 20 chapter 3 of the American pyrotechnics association’s standard 21 87-1 . 22 c. “Novelties” includes all novelties enumerated in chapter 23 3 of the American pyrotechnics association’s standard 87-1, and 24 that comply with the labeling regulations promulgated by the 25 United States consumer product safety commission. 26 2. Display fireworks. 27 a. A person, firm, partnership, or corporation who offers 28 for sale, exposes for sale, sells at retail, or uses or 29 explodes any display fireworks, commits a simple misdemeanor . 30 In addition to any other penalties, the punishment imposed 31 for a violation of this section shall include assessment 32 of , punishable by a fine of not less than two hundred fifty 33 dollars. However, the a city council of a city or a county 34 board of supervisors may, upon application in writing, grant a 35 -7- LSB 1950YC (3) 86 aw/nh 7/ 13

H.F. _____ permit for the display of display fireworks by municipalities, 1 fair associations, amusement parks, and other organizations 2 or groups of individuals approved by the city or the county 3 board of supervisors when the display fireworks display will 4 be handled by a competent operator, but no such permit shall 5 be required for the display of display fireworks at the Iowa 6 state fairgrounds by the Iowa state fair board, at incorporated 7 county fairs, or at district fairs receiving state aid. Sales 8 of display fireworks for such display may be made for that 9 purpose only. 10 b. (1) A person who uses or explodes display fireworks 11 while the use of such devices is suspended by a resolution 12 adopted by the county or city in which the firework is used 13 commits a simple misdemeanor, punishable by a fine of not less 14 than two hundred fifty dollars. 15 (2) A person who uses or explodes display fireworks while 16 the use of such devices is suspended by an order of the state 17 fire marshal commits a simple misdemeanor, punishable by a fine 18 of not less than two hundred fifty dollars. 19 3. Consumer fireworks and novelties. 20 a. A person or a firm, partnership, or corporation may 21 possess, use, or explode consumer fireworks in accordance with 22 this subsection and subsection 4. 23 b. A person, firm, partnership, or corporation who sells 24 consumer fireworks to a person who is less than eighteen years 25 of age commits a simple misdemeanor, punishable by a fine of 26 not less than two hundred fifty dollars. A person who is less 27 than eighteen years of age who purchases consumer fireworks 28 commits a simple misdemeanor, punishable by a fine of not less 29 than two hundred fifty dollars. 30 c. (1) A person who uses or explodes consumer fireworks 31 or novelties while the use of such devices is suspended by a 32 resolution adopted by the city in which the fireworks are used 33 commits a simple misdemeanor, punishable by a fine of not less 34 than two hundred fifty dollars. 35 -8- LSB 1950YC (3) 86 aw/nh 8/ 13

H.F. _____ (2) A person who uses or explodes consumer fireworks or 1 novelties while the use of such devices is suspended by an 2 order of the state fire marshal commits a simple misdemeanor, 3 punishable by a fine of not less than two hundred fifty 4 dollars. 5 4. Limitations. 6 a. A person shall not use or explode consumer fireworks at 7 times other than between the hours of 9:00 a.m. and 10:00 p.m., 8 except that on the following dates consumer fireworks shall not 9 be used at times other than between the hours of 9:00 a.m. and 10 12:30 a.m. on the immediately following day: 11 (1) Memorial Day and the Saturday and Sunday immediately 12 preceding that day. 13 (2) July 4 and the Saturdays and Sundays immediately 14 preceding and following July 4. 15 (3) Labor Day and the Saturday and Sunday immediately 16 preceding that day. 17 (4) December 31 and the Saturdays and Sundays immediately 18 preceding and following December 31. 19 b. A person shall not use consumer fireworks on real 20 property other than that person’s real property or on the real 21 property of a person who has consented to the use of consumer 22 fireworks on that property. 23 c. A person who violates this subsection commits a simple 24 misdemeanor punishable by a fine of not less than fifty dollars 25 and not more than five hundred dollars. 26 3. 5. Applicability. 27 a. This section does not prohibit the sale by a resident, 28 dealer, manufacturer, or jobber of such fireworks as are 29 not prohibited by this section , or the sale of any kind of 30 fireworks if they are to be shipped out of the state, or the 31 sale or use of blank cartridges for a show or the theater, 32 or for signal purposes in athletic sports or by railroads 33 or trucks, for signal purposes, or by a recognized military 34 organization. 35 -9- LSB 1950YC (3) 86 aw/nh 9/ 13

H.F. _____ b. This section does not apply to any substance or 1 composition prepared and sold for medicinal or fumigation 2 purposes. 3 c. Unless specifically provided otherwise, this section does 4 not apply to novelties. 5 Sec. 10. EFFECTIVE DATE. This Act takes effect June 1, 6 2015. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill provides for the legal sale and use of novelties 11 and consumer fireworks within the state. 12 The bill provides that the state fire marshal has the duty to 13 enforce all laws, and rules of the department of public safety 14 concerned with the storage, transportation, handling, and use 15 of fireworks. 16 Current law provides that a person, firm, partnership, or 17 corporation who offers for sale, exposes for sale, sells at 18 retail, or uses or explodes any fireworks, commits a simple 19 misdemeanor. Current law, however, also provides that a county 20 board of supervisors or the department of natural resources may 21 grant a permit for the display of fireworks if the fireworks 22 display will be handled by a competent operator. Current 23 law further provides that the term “fireworks” includes any 24 explosive composition, or combination of explosive substances, 25 or article prepared for the purpose of producing a visible 26 or audible effect by combustion, explosion, deflagration, 27 or detonation, including blank cartridges, firecrackers, 28 torpedoes, skyrockets, roman candles, or other fireworks of 29 like construction and fireworks containing any explosive or 30 flammable compound, or other device containing any explosive 31 substance with limited exceptions. 32 The bill maintains these restrictions for display fireworks 33 and provides that the term “display fireworks” shall not 34 include novelties or consumer fireworks. The bill provides 35 -10- LSB 1950YC (3) 86 aw/nh 10/ 13

H.F. _____ definitions for the terms “novelties” and “consumer fireworks”. 1 The bill requires that the state fire marshal establish 2 a consumer fireworks seller license, and requires possession 3 of such a license to legally sell consumer fireworks in this 4 state. The state fire marshal is required to establish a fee 5 schedule for consumer fireworks seller licenses. The bill 6 establishes two classes of consumer fireworks and requires 7 a $400 annual licensing fee for a retailer who devotes 50 8 percent or more of the retailer’s retail floor space to the 9 sale or display of first-class consumer fireworks. Retailers 10 who devote less than 50 percent of the retailer’s retail 11 floor space to the sale or display of first-class consumer 12 fireworks are required to pay an annual licensing fee of $200. 13 A community group that sells first-class consumer fireworks 14 is required to pay an annual licensing fee of $200. The 15 bill requires an annual licensing fee of $25 for retailers 16 or community groups that sell only second-class consumer 17 fireworks. 18 The bill requires that the state fire marshal adopt rules 19 to require that licensed retailers and community groups only 20 offer consumer fireworks for sale in accordance with specified 21 industry standards. The bill also requires that retailers and 22 community groups provide proof of and maintain public liability 23 and public liability insurance. Under the bill, the state fire 24 marshal is required to adopt rules to permit licensed retailers 25 and community groups to sell consumer fireworks at conforming 26 permanent buildings on a year-round basis and at conforming 27 temporary structures from June 13 to July 11 each year. 28 The bill also provides for the revocation of a consumer 29 fireworks seller license for the intentional violation of 30 licensing requirements. The bill establishes procedures 31 for the revocation of such licenses and procedures for 32 review for such revocations. The bill also establishes a 33 consumer fireworks seller license fee fund under the control 34 of the state fire marshal. The fund shall consist of the 35 -11- LSB 1950YC (3) 86 aw/nh 11/ 13

H.F. _____ fees collected for the licensing of retailers and community 1 groups. The fund is required to be used for administration 2 and enforcement of the state fire marshal’s consumer fireworks 3 related duties and to provide grants to local fire protection 4 and emergency medical service providers. 5 Under the bill, a violation of a licensing provision 6 established in Code or by rule is considered a simple 7 misdemeanor. A simple misdemeanor is punishable by confinement 8 for no more than 30 days or a fine of at least $65 but not more 9 than $625, or by both. 10 The bill provides that a person or a firm, partnership, or 11 corporation may possess consumer fireworks as provided in the 12 bill. The bill provides that a person, firm, partnership, or 13 corporation who sells any consumer firework to a person who 14 is less than 18 years of age commits a simple misdemeanor. 15 A person who is less than 18 years of age who purchases any 16 consumer fireworks commits a simple misdemeanor. A simple 17 misdemeanor is generally punishable by confinement for no more 18 than 30 days or a fine of at least $65 but not more than $625 or 19 by both, but the bill provides for a fine of a least $250. 20 The bill provides that the state fire marshal may order the 21 suspension of the use of consumer fireworks, display fireworks, 22 or novelties if the fire marshal determines that the use of 23 such devices would constitute a threat to public safety. The 24 bill also provides that a county board of supervisors may adopt 25 a resolution to suspend the use of display fireworks upon such 26 a determination. The bill further provides that a city council 27 may by resolution suspend the use of consumer fireworks, 28 display fireworks, or novelties if the council determines that 29 the use of such devices would constitute a threat to public 30 safety. The bill provides that a person who violates such an 31 order by the state fire marshal or resolution of a county board 32 of supervisors or a city council commits a simple misdemeanor, 33 punishable by a fine of at least $250. 34 The bill also provides certain restrictions on the use 35 -12- LSB 1950YC (3) 86 aw/nh 12/ 13

H.F. _____ or explosion of consumer fireworks. The bill prohibits the 1 use or explosion of consumer fireworks at a time other than 2 between the hours of 9:00 a.m. and 10:00 p.m., except on 3 Memorial Day, the 4th of July, Labor Day, and New Year’s Eve, 4 and weekend days near such holidays. On specified days, the 5 use or explosion of consumer fireworks is prohibited except 6 between the hours of 9:00 a.m. and 12:30 a.m. on the following 7 day. The bill further prohibits the use of fireworks by a 8 person on the real property of another person unless the owner 9 of the real property has consented to such use. Under the 10 bill, a violation of these restrictions is considered a simple 11 misdemeanor punishable by a fine of not less than $50 and not 12 more than $500. 13 The bill will take effect June 1, 2015. 14 -13- LSB 1950YC (3) 86 aw/nh 13/ 13