FILED SENATE
Apr 3, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 470
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS55046-MHf-3B
Short Title: NC Consumer Fireworks Safety Act. (Public)
Sponsors: Senators Galey, Settle, and Hanig (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PERMIT THE SALE, POSSESSION, AND USE OF CERTAIN CONSUMER
3 FIREWORKS AND TO LEVY AN EXCISE TAX ON THE SALES OF CONSUMER
4 FIREWORKS.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 14-410 reads as rewritten:
7 "§ 14-410. Manufacture, sale and use of pyrotechnics prohibited; exceptions; license
8 required; sale to persons under the age of 16 18 prohibited.
9 (a) Except as otherwise provided in this section, it shall be unlawful for any individual,
10 firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess,
11 receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any description
12 whatsoever within the State of North Carolina.
13 …
14 (a5) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured,
15 or discharged within the State for pyrotechnic or proximate audience display instruction
16 consisting of classroom and practical skills training approved by the Office of State Fire Marshal.
17 (a6) It shall be permissible for pyrotechnics that are consumer fireworks to be possessed,
18 advertised, sold, used, transported, handled, or discharged within the State, provided the
19 possession, advertising, sale, use, transportation, handling, or discharge complies with Part 2 of
20 Article 82A of Chapter 58 of the General Statutes.
21 (b) Notwithstanding the provisions of G.S. 14-414, it shall be unlawful for any
22 individual, firm, partnership, or corporation to sell consumer fireworks as defined in this section
23 or pyrotechnics as defined in G.S. 14-414(2), (3), (4)c., (5), or (6) to persons under the age of
24 16.18.
25 (c) The following definitions apply in this Article:
26 (1) Concert or public exhibition. – A fair, carnival, show of any description, or
27 public celebration.
28 (1a) Consumer fireworks. – Defined in G.S. 58-82A-80.
29 (2) Display operator. – An individual issued a display operator license under
30 G.S. 58-82A-3.
31 (3) State Fire Marshal. – Defined in G.S. 58-80-1."
32 SECTION 2. G.S. 14-415 reads as rewritten:
33 "§ 14-415. Violation made misdemeanor.
34 Any person violating any of the provisions of this Article, except as otherwise specified in
35 said Article, shall be guilty of a Class 2 misdemeanor, except that it is a Class 1 misdemeanor if
36 the sale is in violation of G.S. 14-410(b) or if the exhibition is indoors."
*DRS55046-MHf-3B*
 General Assembly Of North Carolina Session 2023
1 SECTION 3. G.S. 58-82A-1 through G.S. 58-82A-55 are recodified as Part 1 of
2 Article 82A of Chapter 58 of the General Statutes, to be entitled:
3 "Part 1. Display Pyrotechnics Training and Permitting."
4 SECTION 4. Article 82A of Chapter 58 of the General Statutes is amended by
5 adding a new Part to read:
6 "Part 2. Consumer Fireworks.
7 "§ 58-82A-75. Purpose.
8 The sale, use, transport, possession, handling, or discharge of consumer fireworks shall be
9 permitted only in compliance with the provisions of this Part.
10 "§ 58-82A-80. Definitions.
11 The following definitions apply in this Part:
12 (1) Consumer fireworks. – Any small fireworks device designed primarily to
13 produce visible effects by combustion or deflagration that (i) is categorized as
14 a 1.4G firework device under Standard 87-1 of the American Pyrotechnics
15 Association and (ii) complies with the construction, chemical composition,
16 and labeling regulations of the United States Consumer Product Safety
17 Commission, as set forth in the Code of Federal Regulations, Volumes 16 and
18 49. The term does not include the following:
19 a. Novelties.
20 b. Sparkling devices.
21 c. Any rocket or other aerial device that has any of the following
22 characteristics:
23 1. The device is greater than 1/2 inch in diameter.
24 2. The device is greater than 3 inches in length.
25 3. The device includes more than 20 grams of total pyrotechnic
26 composition.
27 4. The device has a stabilizing stick less than 15 inches in length.
28 (2) Consumer fireworks distributor. – A person owning or otherwise controlling
29 a facility where consumer fireworks are stored or otherwise maintained for
30 distribution to fireworks retailers permitted under this Part.
31 (3) Consumer fireworks permanent retailer. – A person that sells only "consumer
32 fireworks," "sparkling devices," "novelties," and related items from a
33 permanent building that is open to the public throughout the year.
34 (4) Consumer fireworks temporary retailer. – A person that sells only "consumer
35 fireworks," "sparkling devices," "novelties," and related items from a
36 fireworks retail stand for no more than 30 days in any 365-day period.
37 (5) Fireworks retail stand. – A building or structure with a floor area not greater
38 than 800 square feet. Stands may include buildings, manufactured buildings,
39 trailers, shipping containers, tents, and temporary structures constructed from
40 plywood, sheet metal, or similar materials.
41 (6) Fireworks safety and education trainer. – A person who has completed
42 training on the function, safe handling, and best practices for the safe use of
43 all categories of consumer fireworks under G.S. 58-82A-130 and annually
44 registers with the Department.
45 (7) Mixed-use fireworks retailer. – A building classified as a mercantile
46 occupancy under local zoning ordinances in which a variety of merchandise
47 is offered for sale to the public and that is not used primarily for the retail sales
48 of consumer fireworks, as defined in section 7.5 of the NFPA standards.
49 (8) NFPA standards. – Standard 1124 of the National Fire Protection Association,
50 2006 edition, as it applies to the retail sale or distribution of consumer
51 fireworks, except as otherwise specified by this Part.
Page 2 DRS55046-MHf-3B
 General Assembly Of North Carolina Session 2023
1 (9) Novelties. – Snaps, party poppers, snakes, glow worms, toy smoke devices,
2 and certain wire sparklers and dipped sticks containing 5 grams or less of
3 pyrotechnic composition. The specification of novelties under this subdivision
4 shall substantially follow the definition of these devices under Standard 87-1
5 of the American Pyrotechnics Association, 2001 edition.
6 (10) Public space. – Any building or area open to the public, whether privately or
7 publicly owned. Public space includes restaurants, theaters, stadiums, arenas,
8 retail establishments, and shopping malls.
9 (11) Sparkling devices. – Defined as "ground and handheld sparkling device" in
10 section 3.1.1 of Standard 87-1 of the American Pyrotechnics Association,
11 2001 edition.
12 "§ 58-82A-85. Possession and use of consumer fireworks.
13 (a) The possession of consumer fireworks is allowed in this State, subject to the
14 requirements and conditions set forth in this section.
15 (b) A city may adopt an ordinance regulating the use of consumer fireworks in
16 accordance with G.S. 160A-190.1.
17 (c) The possession and use of consumer fireworks is subject to the following conditions:
18 (1) The person possessing or using the consumer fireworks must be at least 18
19 years old.
20 (2) The use of consumer fireworks may occur only between the hours of 10:00
21 A.M. and 10:00 P.M., with the following exceptions:
22 a. On July 4, use is permitted until 12:00 A.M.
23 b. On December 31 and the following January 1, use is permitted from
24 8:00 A.M. on December 31 until 12:30 A.M. on January 1.
25 c. During the three days of Diwali, use is permitted until 12:00 A.M.
26 (3) The use of consumer fireworks is prohibited in the following locations:
27 a. In or on the premises of a public or private primary or secondary
28 school, unless the person has written authorization from the school.
29 b. On the campus of a college or university, unless the person has
30 received written authorization from the college or university.
31 c. Within 500 feet of a hospital, veterinary hospital, animal care facility,
32 licensed child care facility, fireworks retailer, fireworks distributor,
33 gas station, or bulk storage facility for petroleum products or other
34 explosive or flammable substances.
35 (4) The possession or use of consumer fireworks is prohibited in or on the
36 premises of any public park or public space, except as otherwise permitted by
37 the person, State agency, or unit of local government owning or otherwise
38 controlling the public park or public space.
39 (d) No county or city may restrict or exclude the transportation of consumer fireworks
40 across or through the county or city. Nothing in this subsection is intended to prevent reasonable
41 transportation-related restrictions applicable to all vehicles or a class of vehicles regardless of
42 cargo, such as vehicle weight limits or truck route restrictions in accordance with U.S.
43 Department of Transportation regulations.
44 "§ 58-82A-90. Sale of consumer fireworks; permit required.
45 (a) No person shall sell consumer fireworks in this State unless the person holds a permit
46 issued under this Part from the Commissioner. The Commissioner shall issue rules to implement
47 this section. Permits of a fireworks retailer shall be posted in a location visible to members of the
48 public visiting the retailer. The Commissioner shall issue a permit to a person who meets the
49 following conditions:
50 (1) Is 21 years of age or older.
51 (2) Complies with all of the requirements of this Part.
DRS55046-MHf-3B Page 3
 General Assembly Of North Carolina Session 2023
1 (3) Has not been convicted of a felony and has not received a pardon.
2 (4) Has not been convicted of an offense for a violation of State or federal law, or
3 been found in violation of any municipal ordinance, involving fireworks or
4 explosives within five years prior to the date of the application for the permit.
5 (5) For a consumer fireworks permanent retailer permit applicant only, holds a
6 federal explosives license issued by the U.S. Department of Justice, Bureau of
7 Alcohol, Tobacco, Firearms and Explosives.
8 (6) Maintains at all times public liability and product liability insurance with
9 minimum coverage limits of five million dollars ($5,000,000) to cover losses,
10 damages, or injury that might occur as a result of the person selling consumer
11 fireworks.
12 (7) Submits the application for a permit no later than April 1 of the year the
13 applicant proposes to begin sales of consumer fireworks under this Part.
14 (8) Provides a lease or evidence of ownership of the site of the proposed fireworks
15 retailer for no less than the duration of the permit. A consumer fireworks
16 temporary retailer operating out of a fireworks retail stand located at a site not
17 owned by the retailer may comply with this subdivision by providing the
18 required authorization under G.S. 58-82A-120.
19 (b) A person issued a permit under this Part shall comply with the following
20 requirements:
21 (1) Standards. – The permittee must comply with (i) any applicable NFPA
22 standards in addition to those set forth in this subsection and (ii) applicable
23 local zoning and land-use rules.
24 (2) Employees. – All employees of a permittee that is a permanent or temporary
25 fireworks retailer that are engaged in the sale of fireworks or sparkling devices
26 must be at least 18 years of age. All employees of a permittee that is a
27 mixed-use fireworks retailer that are engaged in the sale of fireworks or
28 sparkling devices must be at least 16 years of age.
29 (3) Fire suppression devices. – Fire suppression devices must meet the following
30 requirements:
31 a. The permittee must maintain on the premises a minimum of two
32 portable fire extinguishers with a 2A rating.
33 b. The fire extinguishers shall be in two different locations within the
34 premises of the retailer.
35 c. At least one of the extinguishers shall be of the pressurized water type.
36 (4) Required signs. – The permittee shall post signs prohibiting smoking on the
37 premises and discharge of fireworks and sparkling devices.
38 (5) Sales restrictions. – Online and mail order sales of consumer fireworks or
39 sparkling devices by a permittee under this Part are unlawful. All sales must
40 take place on the premises of a consumer fireworks permanent retailer,
41 consumer fireworks temporary retailer, or a mixed-use fireworks retailer.
42 (c) In addition to the requirements set forth in subsections (a) and (b) of this section, a
43 permit issued for a consumer fireworks permanent retailer or consumer fireworks temporary
44 retailer shall include the following requirements:
45 (1) Setbacks. – Areas within 20 feet of the retailer's premises shall be kept free of
46 combustible debris. The retailer may not be located within 300 feet of the
47 following:
48 a. Retail establishments dispensing flammable or combustible liquids,
49 flammable gas, or flammable liquefied gas.
50 b. Above-ground storage tanks storing flammable or combustible liquids,
51 flammable gas, or flammable liquefied gas.
Page 4 DRS55046-MHf-3B
 General Assembly Of North Carolina Session 2023
1 c. Propane dispensing stations.
2 (2) Smoking prohibited. – Smoking shall not be permitted inside the retailer's
3 premises, subject to the retailer's building location, layout, and restrictions.
4 (3) Egress requirements. – Means of egress, including aisles, doors, and exit
5 discharge, shall be clear at all times when the retailer is open to the public,
6 and aisles must be at least 48 inches in width.
7 (4) Fire safety. – The retailer shall create and maintain a fire safety and evacuation
8 plan in a form specified and approved by the Commissioner.
9 (5) Training. – No less than two management or supervisory employees of each
10 permittee subject to this subsection shall be Fireworks Safety and Education
11 Trainers. Fireworks Safety and Education Trainers shall be responsible for the
12 annual trainin