1 SB55
2 213537-3
3 By Senator Melson
4 RFD: Fiscal Responsibility and Economic Development
5 First Read: 02-FEB-21
6 PFD: 01/20/2021
Page 0
 SB55
1 SB55
2
3
4 ENROLLED, An Act,
5 Relating to fireworks and pyrotechnics; to amend
6 Sections 8-17-210, 8-17-211, 8-17-216.1, 8-17-217, 8-17-218,
7 8-17-219, 8-17-220, 8-17-225, 8-17-226, 8-17-237, 8-17-255,
8 34-33-11, 34-33A-12, and 36-19-29, Code of Alabama 1975; and
9 to add Section 36-19-31 to the Code of Alabama 1975; to
10 redesignate common fireworks as consumer fireworks and to
11 provide for the regulation of consumer fireworks; to increase
12 the fees collected by the State Fire Marshal for issuing
13 permits in the regulation of the manufacturing, sale, and
14 display of fireworks and for the use of pyrotechnics before a
15 proximate audience; to further provide for the operation of
16 the State Fire Marshal's Fund and to provide retroactive
17 effect; to provide for a transfer of five percent of the
18 permit fees collected by the State Fire Marshal in the
19 regulation of fireworks and pyrotechnics to the Alabama
20 Firefighters Annuity and Benefit Fund; and to specify that the
21 fees may be increased at certain intervals according to
22 increases in the Consumer Price Index.
23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24 Section 1. Sections 8-17-210, 8-17-211, 8-17-216.1,
25 8-17-217, 8-17-218, 8-17-219, 8-17-220, 8-17-225, 8-17-226,
Page 1
 SB55
1 8-17-237, 8-17-255, 34-33-11, 34-33A-12, and 36-19-29, Code of
2 Alabama 1975, are amended to read as follows:
3 "8-17-210.
4 "As used in this article, the following terms shall
5 have the meanings ascribed to them in this section, unless
6 clearly indicated otherwise:
7 "(1) AERIAL DEVICES. Any type of D.O.T. Class C
8 Consumer Fireworks listed in the APA 87-1, Sections 3.1.2 and
9 3.5.
10 "(2) ANNUAL RETAILER. Any person engaged in the
11 business of making sales of fireworks to consumers within this
12 state throughout the entire calendar year from January 1
13 through December 31.
14 "(3) APA 87-1. The 2001 American Pyrotechnics
15 Standard for Construction and Approval for Transportation of
16 Fireworks, Novelties, and Theatrical Pyrotechnics.
17 "(4) AUDIBLE GROUND DEVICES. Any type of D.O.T.
18 Class C Consumer Firework listed in APA 87-1, Section 3.1.3.
19 "(1)(5) DISTRIBUTOR. Any person engaged in the
20 business of making sales of fireworks for resale to all
21 holders of the required Alabama permits who in turn shall
22 resell to any permit holder; or any person who receives,
23 brings, or imports any fireworks of any kind into the State of
24 Alabama, except to a holder of an Alabama manufacturer's or
25 distributor's permit.
Page 2
 SB55
1 "(2)(6) D.O.T. CLASS C COMMON CONSUMER FIREWORKS.
2 All articles of fireworks as are now or hereafter classified
3 as D.O.T. Class C common 1.4G Consumer fireworks in the
4 regulations of the U.S. Department of Transportation for the
5 transportation of explosive and other dangerous articles,
6 including aerial devices and audible ground devices.
7 "(8)(7) FIREWORKS SEASONS. The dates of June 20
8 through July 10 and December 15 through January 2 of each year
9 shall be the only periods when seasonal retailers may sell
10 fireworks.
11 "(3)(8) MANUFACTURER. Any person engaged in the
12 making, manufacture, or construction of fireworks of any kind
13 within the State of Alabama.
14 "(9) NFPA 1123. The National Fire Protection
15 Association Code for Fireworks Display, as adopted by the
16 State Fire Marshal.
17 "(10) NOVELTIES. Any device listed in APA 87-1,
18 Section 3.2, including, without limitation, the following:
19 "a. Party poppers.
20 "b. Snappers.
21 "c. Toy smoke devices.
22 "d. Snake, glow worms.
23 "e. Wire sparklers, dipped sticks.
24 "(4)(11) PERMIT. The written authority of the State
25 Fire Marshal issued under the authority of this article.
Page 3
 SB55
1 "(5)(12) PERSON. Includes any corporation,
2 association, copartnership or one or more individuals.
3 "(6) RETAILER. Any person engaged in the business of
4 making sales of fireworks to consumers within the State of
5 Alabama during a calendar year from January 1 through December
6 31.
7 "(7)(13) SALE. An exchange of articles or fireworks
8 for money, including barter, exchange, gift, or offer thereof,
9 and each such transaction made by any person, whether as
10 principal proprietor, salesman, agent, association,
11 copartnership, or one or more individuals.
12 "(9)(14) SEASONAL RETAILER. Any person engaged in
13 the business of making sales of fireworks to consumers within
14 the State of Alabama during the fireworks season(s) only, from
15 permanent buildings or temporary or moveable stands.
16 "(15) SPARKLING DEVICES. Handheld or ground based
17 sparkling devices that are non-explosive and non-aerial and
18 contain 75 grams or less of chemical compound per tube or a
19 total of 500 grams or less for multiple tubes and other
20 sparkling devices which emit showers of sparks and sometimes a
21 whistling, spinning, or crackling effect when burning, but
22 does not include aerial devices, audible ground devices, or
23 anything that will detonate or explode.
24 "(10)(16) SPECIAL FIREWORKS. All articles of
25 fireworks that are classified as Class B explosives 1.3G
Page 4
 SB55
1 fireworks in the regulations of the U.S. Department of
2 Transportation, including all articles classified as fireworks
3 other than those classified as Class C.
4 "(11)(17) WHOLESALER. Any person engaged in the
5 business of making sales of fireworks to any other person
6 engaged in the business of making sales at seasonal retail.
7 "8-17-211.
8 "(a) It shall be unlawful for any person to
9 manufacture, sell, offer for sale, or ship or cause to be
10 shipped into or within the State of Alabama, except as herein
11 provided, any item of fireworks or pyrotechnics for use before
12 a proximate audience, without first having secured the
13 required applicable permit, as a manufacturer, distributor,
14 wholesaler, annual retailer, or seasonal retailer, from the
15 State Fire Marshal. Possession of a permit is a condition
16 prerequisite to manufacturing, selling, or offering for sale,
17 or shipping or causing to be shipped any fireworks or
18 pyrotechnics for use before a proximate audience into or
19 within the State of Alabama, except as herein provided. This
20 provision applies to nonresidents as well as residents of the
21 State of Alabama. Mail orders where consumers purchase any
22 fireworks or pyrotechnics for use before a proximate audience
23 through the mail or receive any fireworks or pyrotechnics for
24 use before a proximate audience in Alabama by mail, parcel
25 service, or other carrier are prohibited. A sales clerk must
Page 5
 SB55
1 be on duty to serve consumers at the time of purchase or
2 delivery. All fireworks or pyrotechnics for use before a
3 proximate audience sold and delivered to consumers within the
4 State of Alabama must take place within the State of Alabama
5 and be sold and delivered only by an individual, firm,
6 partnership, or corporation holding the proper Alabama permit
7 and all fireworks or pyrotechnics for use before a proximate
8 audience coming into the state, manufactured, sold, or stored
9 within the state shall be under the supervision of the State
10 Fire Marshal as provided for in this article.
11 "(b) Prior to engaging in the manufacture or sale
12 within the State of Alabama, or shipment into the State of
13 Alabama, of any fireworks or pyrotechnics for use before a
14 proximate audience, each person making shipment or delivery or
15 receiving any fireworks or pyrotechnics for use before a
16 proximate audience into or within the State of Alabama, must
17 make application on forms secured from the State Fire Marshal
18 for a permit or permits required under this article for each
19 location at which fireworks or pyrotechnics for use before a
20 proximate audience are to be offered for sale.
21 "(c) A manufacturer's permit issued under this
22 article shall be subject to rules and regulations promulgated
23 by the State Fire Marshal to govern the manufacture of
24 fireworks or pyrotechnics for use before a proximate audience
Page 6
 SB55
1 as in the judgment of the State Fire Marshal the public
2 welfare may require.
3 "(d) The decision of the State Fire Marshal as to
4 what type of permit or permits shall be required of each
5 person shall be final. The State Fire Marshal may deny a
6 permit to an applicant or revoke a permit if the State Fire
7 Marshal has knowledge or reason to believe the safety
8 standards and conditions of this article are not or cannot be
9 met by the applicant. No permit shall be issued to a person
10 under the age of 18 years. All permits shall be for the
11 calendar year or any fraction thereof and shall expire on
12 December 31 of each year, two days of grace shall be allowed
13 holders of permits after expiration thereof. Only one seasonal
14 retailer permit shall be required for a full calendar year and
15 it shall be valid for both fireworks seasons, provided that
16 the building is not moved from the location where it was
17 originally permitted and no substantial structural or
18 environmental changes have occurred. A seasonal retailer
19 permit may be issued after July tenth for the remaining
20 fireworks season of that calendar year. All permits issued
21 must be displayed in their place of business. No permit
22 provided for herein shall be transferable nor shall a person
23 be permitted to operate under a permit issued to any other
24 person or under a permit issued for another location, unless
25 transfer shall have been approved by the State Fire Marshal.
Page 7
 SB55
1 The holder of an annual retailer permit shall not be required
2 to obtain a seasonal retailer permit.
3 "(e) The State Fire Marshal shall charge for permits
4 issued as follows:
5 "(1) Manufacturer, two three thousand dollars
6 ($2,000) ($3,000).
7 "(2) Distributor, two three thousand dollars
8 ($2,000) ($3,000).
9 "(3) Wholesaler, seven hundred one thousand dollars
10 ($700) ($1,000).
11 "(4) Retailer, two hundred dollars ($200). Annual
12 Retailer:
13 "a. Of aerial devices, sparkling devices, audible
14 ground devices, and novelties, three hundred dollars ($300)
15 per location.
16 "b. Of only sparkling devices and novelties, one
17 hundred fifty dollars ($150) per location.
18 "c. Of only novelties, fifty dollars ($50) per
19 location.
20 "(5) Seasonal Retailer, two three hundred dollars
21 ($200).:
22 a. Of aerial devices, sparkling devices, audible
23 ground devices, and novelties, three hundred dollars ($300)
24 per location.
Page 8
 SB55
1 b. Of only sparkling devices and novelties, one
2 hundred fifty dollars ($150) per location.
3 "(6) Seasonal Retailer after July 10, one hundred
4 dollars ($100) one-half the permit fee indicated in
5 subdivision (5).
6 "(7) Display, fifty dollars ($50) application filed
7 at least 10 business days before display date, seventy-five
8 dollars ($75).
9 "(8) Display, application filed less than 10
10 business days before display date, one hundred fifty dollars
11 ($150).
12 "(f) Only holders of a an annual retailer or
13 seasonal retailer permit may engage in the retail sale of
14 permitted items as defined in Section 8-17-217 aerial devices,
15 sparkling devices, audible ground devices, and novelties, in
16 any quantity, to consumers.
17 "(g) A holder of a manufacturer's permit is not
18 required to have any additional permit or permits in order to
19 sell to distributors, wholesalers, retailers, or seasonal
20 retailers.
21 "(h) A record of all sales by manufacturers,
22 distributors, or wholesalers must be kept showing the names
23 and addresses of purchasers. All fees collected for the
24 permits shall be paid into the State Fire Marshal Marshal's
25 Revolving Fund for the enforcement of this article. The State
Page 9
 SB55
1 Fire Marshal may designate a deputy fire marshal as the
2 "fireworks enforcement officer" who shall have the
3 responsibility of directing enforcement of the state fireworks
4 laws.
5 "(i) The State Fire Marshal is charged with the
6 enforcement of this article and may call upon any state or
7 county or city peace officer for assistance in the enforcement
8 of this article. The fire marshal is not authorized to
9 promulgate rules or regulations in conflict with or that go
10 beyond the scope or intent of this article.
11 "(j) Every five years, the State Fire Marshal may
12 increase the fees by the percentage increase in the Consumer
13 Price Index for all urban consumers as published by the U.S.
14 Department of Labor, Bureau of Labor Statistics from the end
15 of December 2020, to the end of the month preceding the month
16 in which the fee increase is to be effective, rounded down to
17 the nearest dollar. The increase may not exceed two percent
18 per year.
19 "8-17-216.1.
20 "(a) The use of pyrotechnics before a proximate
21 audience shall comply with the requirements set out in the
22 latest edition of the National Fire Protection Association's
23 Standard for the Use of Pyrotechnics Before a Proximate
24 Audience (NFPA 1126) as shall be adopted by the State Fire
25 Marshal. For purposes of this article, the term "proximate
Page 10
 SB55
1 audience" shall mean an indoor audience closer to pyrotechnic
2 devices than permitted by the National Fire Protection
3 Association's Code for Fireworks Display (NFPA 1123).
4 "(b) No person shall use pyrotechnics before a
5 proximate audience without first obtaining a permit therefor
6 from the State Fire Marshal. An application for a permit for
7 the use of pyrotechnics at an event with a proximate audience
8 shall be filed with the State Fire Marshal not less than 10
9 days prior to the planned date of the event. The State Fire
10 Marshal may accept an application for a permit under this
11 section less than 10 days before the planned date of the event
12 if accompanied by a fee of double the amount otherwise
13 required.
14 "(c) The request for a permit under subsection (b)
15 shall be in the form and manner prescribed by the State Fire
16 Marshal. The permit shall be in addition to any locally
17 required permit or approval.
18 "(d) A fee of one hundred fifty dollars ($100)
19 ($150) per event shall be submitted with each application.
20 "(e) Where more than one event is to take place at
21 the same location during the same calendar date, a separate
22 application shall be filed for each event. The application fee
23 for the second and subsequent events on the same calendar date
24 shall be fifty seventy-five dollars ($50) ($75) per event.
Page 11
 SB55
1 "(f) The State Fire Marshal may prescribe such other
2 and additional requirements associated with the use of
3 pyrotechnics before a proximate audience as are deemed
4 necessary for the safety of property and persons present at
5 the proximate event location.
6 "(g) All pyrotechnics found at an event with a
7 proximate audience which does not have a permit shall be
8 confiscated and destroyed by the State Fire Marshal or his or
9 her designee.
10 "(h) All fees collected pursuant to this section
11 shall be paid into the State Fire Marshal Marshal's Revolving
12 Fund for the enforcement of this article.
13 "(i) Every five years, the State Fire Marshal may
14 increase the fees by the percentage increase in the Consumer
15 Price Index for all urban consumers as published by the U.S.
16 Department of Labor, Bureau of Labor Statistics from the end
17 of December 2020, to the end of the month preceding the month
18 in which the fee increase is to be effective, rounded down to
19 the nearest dollar. The increase may not exceed two percent
20 per year.
21 "8-17-217.
22 "(a) It shall