Amends GS 14-410 to establish that it is permissible for pyrotechnics that are consumer fireworks to be possessed, advertised, sold, used, transported, handled, or discharged within the State, so long as compliant with Part 2 of Article 82A of GS Chapter 58 (“Consumer Fireworks”), enacted below. Modifies subsection (b) to change the age to which it is unlawful to sell pyrotechnics, establishing that it is unlawful for any individual, firm, partnership, or corporation to sell consumer fireworks, as defined in GS 58-82A-80, or pyrotechnics as defined in GS 14-414(2), (3), (4)c., (5), or (6) (currently does not include sale of consumer fireworks) to persons under the age of 18 (currently, under the age of 16). Makes conforming changes to the statute's title. Amends GS 14-414 (products excluded from Article 54, governing the sale of pyrotechnics of GS Chapter 14) to now exclude from Article 54 the sale, use, or possession of (1) explosive caps designed to be fired in toy pistols as long as the explosive mixture of the caps doe not exceed .25 of a gram for each cap, and (2) novelties, and sparkling devices, as those terms are now defined in new GS 58-82A-80; removes the five other specified categories that were excluded from the Article. Defines novelties as snaps, party poppers, snakes, glow worms, toy smoke devices, and certain wire sparklers and dipped sticks containing 5 grams or less of pyrotechnic composition (requires the specification of novelties to substantially follow the definition of these devices under Standard 87-1 of the American Pyrotechnics Association) and sparkling devices as consumer fireworks and novelties that do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or produce a report (requires the specification of sparkling devices to substantially follow the definition of "ground and handheld sparkling devices" under Standard 87-1 of the American Pyrotechnics Association). Amends GS 14-415 to make a violation of GS 14-410(b), as amended, a Class 1 misdemeanor rather than a Class 2 misdemeanor.
Recodifies GS 58-82A-1 through GS 58-82A-55 as Part 1 of Article 82A of GS Chapter 58, and names it Display Pyrotechnics Training Permitting, and enacts new Part 2, Consumer Fireworks, as follows.
Defines consumer fireworks to mean any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (1) is categorized as a 1.4G firework device under Standard 87-1 of the American Pyrotechnics Association and (2) complies with the construction, chemical composition, and labeling regulations of the US Consumer Product Safety Commission, as set forth in the CFR, volumes 16 and 49. Defines 13 other terms applicable to new Part 2.  
Enacts new GS 58-82A-85, which prohibits the use and sale of consumer fireworks within a county or city unless that local government has adopted an ordinance to allow the use and sale of consumer fireworks in accordance with new GS 160A-190.1 and GS 153A-130.1. Places the following conditions on the possession and use of consumer fireworks: (1) the person possessing or using the consumer fireworks must be at least 18 years old; (2) the use of consumer fireworks may occur only between the hours of 10 am and 10 pm except for other specified times on July 4th, December 31st, and January 1st; (3) the use of consumer fireworks is prohibited in or on the premises of a public or private primary or secondary school unless the person has received written authorization from the school; on the campus of a college or university unless the person has received written authorization from the college or university; and within 1,500 feet of a hospital, veterinary hospital, animal care facility, licensed child care facility, fireworks retailer, fireworks distributor, gas station, or bulk storage facility for petroleum products or other explosive or flammable substances; and (4) the possession or use of consumer fireworks is prohibited in or on the premises of any public park or public space, except as otherwise permitted by the person, State agency, or unit of local government owning or otherwise controlling the public park, or public space. Prohibits counties and cities from restricting or prohibiting the transportation of consumer fireworks across or through the county or city. Makes further clarifications as to transportation-related restrictions.
Prohibits selling consumer fireworks, sparkling devices, or novelties without a permit issued from the Commissioner of Insurance (Commissioner) in new GS 58-82A-90. Directs the Commissioner to issue rules to implement the statute. Requires permits of a fireworks retailer to be posted in a location visible to the public. Sets out seven conditions that must be met for permits to be issued to a person to operate a fireworks retailer including maintaining public liability and product liability insurance with minimum coverage limits of $5 million. Sets out requirements that must be satisfied by all permittees, and the additional conditions that must be contained in any permit issued for a consumer fireworks permanent retailer or a consumer fireworks temporary retailer. Establishes that the fire code supersedes less stringent requirements of this Part.
Establishes four permit fees in new GS 58-82A-95 ranging from $100 for an incidental sparkling device retailer permit to $5,000 for an initial consumer fireworks permanent retailer permit, a consumer fireworks temporary retailer permit, or a consumer fireworks distributor permit.
Permits the Commissioner, through the Office of the State Fire Marshal, and in consultation with the State Fire and Rescue Commission to issue evidence-based rules under GS 58-82A-100 excluding certain types or categories of  pyrotechnics otherwise meeting the definition of "consumer fireworks" or "sparkling devices" from the provisions of Part 2 upon a finding that the type or category of pyrotechnic presents a significant and widespread risk of death, serious bodily injury, or substantial damage to public or private property. Grants the Commissioner authority, in consultation with the NC Forest Service, to prohibit the use of consumer fireworks during period of declared hazardous forest fire conditions subject to specified press release requirements for affected areas in new GS 58-82A-105.
Establishes in GS 58-82A-110 that GS 14-415 (violations of the prohibition on the manufacture, sale, and use of pyrotechnics) and GS 58-2-70 (Civil penalties or restitution for violations; administrative procedure) apply to violations of Part 2. Authorizes the Commissioner, a State law enforcement officer, a municipal law enforcement officer, a code enforcement officer, or a fire safety official to petition the district court to seize or remove, at the expense of the permit holder, fireworks sold, offered for sale, stored, possessed, or used in violation of Part 2. Authorizes the Commissioner to assess a civil penalty in addition to or instead of suspending a permit pursuant to GS 52-82A-115, as enacted. Makes any violation of GS 58-82A-120 (prohibition on retail stand and tent sales) a Class 1 misdemeanor.
Under GS 58-82A-115, authorizes the Commissioner to suspend the permit of a person authorized to sell consumer fireworks or sparkling devices, or order the payment of a civil penalty, or both, for engaging in: (1) selling fireworks or explosives not authorized under Part 2; (2) selling consumer fireworks or sparkling devices within the state without a valid permit; (3) selling consumer fireworks or sparkling devices to a person who appears to be under the influence of alcohol or drugs; (4) knowingly aiding or assisting in procuring, furnishing, giving, selling, or delivering consumer fireworks or sparkling devices to a person under the age of 18; or (5) selling consumer fireworks, sparkling devices, or novelties at a fireworks retail stand in violation of GS 58-82A-115, as enacted. Provides that it is an affirmative defense to any disciplinary action taken pursuant to this provision that the permit holder procured, furnished, gave, sold, or delivered consumer fireworks or sparkling devices to a person under the age of 18 in reasonable reliance upon fraudulent proof of age presented to the permit holder. Establishes that the civil penalty must be at least $1,000 but cannot exceed $10,000, and requires the Commissioner to consider specified factors in determining the amount issued. Sets forth that a person whose permit has been suspended or has been issued a civil penalty under this provision must receive a hearing before the applicable body within 10 days of the suspension, and if the decision is upheld, the person can seek judicial review in superior court.
Makes it unlawful under GS 58-82A-122 to sell, transfer, or distribute consumer fireworks, sparkling devices, or novelties at a fireworks retail stand or tent unless the fireworks retailer obtains written authorization to conduct business from the owner or custodian of the property wherein the stand or tent is located, if applicable, and there is adequate parking to accommodate customers of the fireworks retail stand and, if applicable, any other businesses that are on the premises.
Requires certain safety labels on the packages of consumer fireworks, sparkling devices, or novelties authorized to be sold under Part 2, and requires fireworks retailers to provide a safety pamphlet created by the Office of the State Fire Marshall to the purchaser that outlines safe handling and best practices in GS 58-82A-125.
Directs the Commissioner in GS 58-82A-130 to create a training course or identify an existing training course to train individuals on the function, safe handling, and best practices for the safe use of all categories of consumer fireworks. Also requires the Commissioner to create and maintain a list of persons who have completed the training. Allows the Department of Insurance to issue rules to implement this section, including reasonable requirements for verification or certification that persons have met the training requirements of this section and to charge a fee to cover the costs of implementing new GS 58-82A-130.
Enacts new GS 153A-130.1 (counties) and GS 160A-190.1 (cities), allowing cities and counties to, by ordinance, regulate the use and sales of consumer fireworks, sparkling devices, and novelties to the public, effective October 1 following adoption and until its repeal, with any repeal effective October 1 following the repeal. Provides that a city or county can enact an ordinance at any time, but ordinances adopted prior to December 1, 2025, become effective December 1, 2025.
Effective December 1, 2025, and applies to offenses committed on or after that date. Directs that prosecutions for offenses committed before the effective date of the act are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable to those prosecutions.

Statutes affected:
Filed: 14-410, 14-414, 14-415
Edition 1: 14-410, 14-414, 14-415