1 HB386
2 207504-3
3 By Representative Rich
4 RFD: Insurance
5 First Read: 09-FEB-21
Page 0
1 207504-3:n:02/09/2021:FC/ma LSA2020-1367R2
2
3
4
5
6
7
8 SYNOPSIS: Under existing law, the State Fire Marshal
9 collects certain fees for issuing permits in the
10 regulation of the manufacturing, sale, and display
11 of fireworks, including those defined as common
12 fireworks, and for the use of pyrotechnics before a
13 proximate audience, all fees so collected are paid
14 into the State Fire Marshal's Fund for the
15 enforcement of those laws, and these fees are
16 subject to being increased according to changes in
17 the Consumer Price Index.
18 This bill would redesignate common fireworks
19 as consumer fireworks and would provide for a
20 specific designation of sparkling devices and
21 novelties as defined under federal law. The bill
22 would specify that a city and county ordinance
23 could not conflict with this act for these items.
24 This bill would increase the fees collected
25 by the State Fire Marshal for issuing permits in
26 the regulation of the manufacturing, sale, and
Page 1
1 display of fireworks and for the use of
2 pyrotechnics before a proximate audience.
3 This bill would also provide for a
4 semi-annual transfer of five percent of the permit
5 fees collected by the State Fire Marshal in the
6 regulation of fireworks and pyrotechnics to the
7 Alabama Firefighters Annuity and Benefit Fund.
8 This bill would also specify that the fees
9 may be increased at certain intervals according to
10 increases in the Consumer Price Index.
11
12 A BILL
13 TO BE ENTITLED
14 AN ACT
15
16 Relating to fireworks and pyrotechnics; to amend
17 Sections 8-17-210, 8-17-211, 8-17-216.1, 8-17-217, 8-17-218,
18 8-17-219, 8-17-220, 8-17-225, 8-17-226, 8-17-237, 8-17-255,
19 34-33-11, 34-33A-12, and 36-19-29, Code of Alabama 1975; and
20 to add Section 36-19-31 to the Code of Alabama 1975; to
21 redesignate common fireworks as consumer fireworks and to
22 provide for the regulation of consumer fireworks; to specify
23 that city and county ordinances may not conflict with the
24 regulation of certain sparkling devices and novelty fireworks
25 as defined in this act; to increase the fees collected by the
26 State Fire Marshal for issuing permits in the regulation of
27 the manufacturing, sale, and display of fireworks and for the
Page 2
1 use of pyrotechnics before a proximate audience; to further
2 provide for the operation of the State Fire Marshal's Fund and
3 to provide retroactive effect; to provide for a transfer of
4 five percent of the permit fees collected by the State Fire
5 Marshal in the regulation of fireworks and pyrotechnics to the
6 Alabama Firefighters Annuity and Benefit Fund; and to specify
7 that the fees may be increased at certain intervals according
8 to increases in the Consumer Price Index.
9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
10 Section 1. Sections 8-17-210, 8-17-211, 8-17-216.1,
11 8-17-217, 8-17-218, 8-17-219, 8-17-220, 8-17-225, 8-17-226,
12 8-17-237, 8-17-255, 34-33-11, 34-33A-12, and 36-19-29, Code of
13 Alabama 1975, are amended to read as follows:
14 "8-17-210.
15 "As used in this article, the following terms shall
16 have the meanings ascribed to them in this section, unless
17 clearly indicated otherwise:
18 "(1) AERIAL DEVICES. Any type of D.O.T. Class C
19 Consumer Fireworks listed in the APA 87-1, Sections 3.1.2 and
20 3.5.
21 "(2) ANNUAL RETAILER. Any person engaged in the
22 business of making sales of fireworks to consumers within this
23 state throughout the entire calendar year from January 1
24 through December 31.
25 "(3) APA 87-1. The 2001 American Pyrotechnics
26 Standard for Construction and Approval for Transportation of
27 Fireworks, Novelties, and Theatrical Pyrotechnics.
Page 3
1 "(4) AUDIBLE GROUND DEVICES. Any type of D.O.T.
2 Class C Consumer Firework listed in APA 87-1, Section 3.1.3.
3 "(1)(5) DISTRIBUTOR. Any person engaged in the
4 business of making sales of fireworks for resale to all
5 holders of the required Alabama permits who in turn shall
6 resell to any permit holder; or any person who receives,
7 brings, or imports any fireworks of any kind into the State of
8 Alabama, except to a holder of an Alabama manufacturer's or
9 distributor's permit.
10 "(2)(6) D.O.T. CLASS C COMMON CONSUMER FIREWORKS.
11 All articles of fireworks as are now or hereafter classified
12 as D.O.T. Class C common 1.4G Consumer fireworks in the
13 regulations of the U.S. Department of Transportation for the
14 transportation of explosive and other dangerous articles,
15 including aerial devices, audible ground devices, and
16 sparkling devices.
17 "(8)(7) FIREWORKS SEASONS. The dates of June 20
18 through July 10 and December 15 through January 2 of each year
19 shall be the only periods when seasonal retailers may sell
20 fireworks.
21 "(3)(8) MANUFACTURER. Any person engaged in the
22 making, manufacture, or construction of fireworks of any kind
23 within the State of Alabama.
24 "(9) NFPA 1123. The National Fire Protection
25 Association Code for Fireworks Display, as adopted by the
26 State Fire Marshal.
Page 4
1 "(10) NOVELTIES. Any device listed in APA 87-1,
2 Section 3.2, including, without limitation, the following:
3 "a. Party poppers.
4 "b. Snappers.
5 "c. Toy smoke devices.
6 "d. Snake, glow worms.
7 "e. Wire sparklers, dipped sticks.
8 "(4)(11) PERMIT. The written authority of the State
9 Fire Marshal issued under the authority of this article.
10 "(5)(12) PERSON. Includes any corporation,
11 association, copartnership or one or more individuals.
12 "(6) RETAILER. Any person engaged in the business of
13 making sales of fireworks to consumers within the State of
14 Alabama during a calendar year from January 1 through December
15 31.
16 "(7)(13) SALE. An exchange of articles or fireworks
17 for money, including barter, exchange, gift, or offer thereof,
18 and each such transaction made by any person, whether as
19 principal proprietor, salesman, agent, association,
20 copartnership, or one or more individuals.
21 "(9)(14) SEASONAL RETAILER. Any person engaged in
22 the business of making sales of fireworks to consumers within
23 the State of Alabama during the fireworks season(s) only, from
24 permanent buildings or temporary or moveable stands.
25 "(15) SPARKLING DEVICES. Handheld or ground based
26 sparkling devices that are non-explosive and non-aerial and
27 contain 75 grams or less of chemical compound per tube or a
Page 5
1 total of 500 grams or less for multiple tubes and other
2 sparkling devices which emit showers of sparks and sometimes a
3 whistling, spinning, or crackling effect when burning, but
4 does not include aerial devices, audible ground devices, or
5 anything that will detonate or explode.
6 "(10)(16) SPECIAL FIREWORKS. All articles of
7 fireworks that are classified as Class B explosives 1.3G
8 fireworks in the regulations of the U.S. Department of
9 Transportation, including all articles classified as fireworks
10 other than those classified as Class C.
11 "(11)(17) WHOLESALER. Any person engaged in the
12 business of making sales of fireworks to any other person
13 engaged in the business of making sales at seasonal retail.
14 "8-17-211.
15 "(a) It shall be unlawful for any person to
16 manufacture, sell, offer for sale, or ship or cause to be
17 shipped into or within the State of Alabama, except as herein
18 provided, any item of fireworks or pyrotechnics for use before
19 a proximate audience, without first having secured the
20 required applicable permit, as a manufacturer, distributor,
21 wholesaler, annual retailer, or seasonal retailer, from the
22 State Fire Marshal. Possession of a permit is a condition
23 prerequisite to manufacturing, selling, or offering for sale,
24 or shipping or causing to be shipped any fireworks or
25 pyrotechnics for use before a proximate audience into or
26 within the State of Alabama, except as herein provided. This
27 provision applies to nonresidents as well as residents of the
Page 6
1 State of Alabama. Mail orders where consumers purchase any
2 fireworks or pyrotechnics for use before a proximate audience
3 through the mail or receive any fireworks or pyrotechnics for
4 use before a proximate audience in Alabama by mail, parcel
5 service, or other carrier are prohibited. A sales clerk must
6 be on duty to serve consumers at the time of purchase or
7 delivery. All fireworks or pyrotechnics for use before a
8 proximate audience sold and delivered to consumers within the
9 State of Alabama must take place within the State of Alabama
10 and be sold and delivered only by an individual, firm,
11 partnership, or corporation holding the proper Alabama permit
12 and all fireworks or pyrotechnics for use before a proximate
13 audience coming into the state, manufactured, sold, or stored
14 within the state shall be under the supervision of the State
15 Fire Marshal as provided for in this article.
16 "(b) Prior to engaging in the manufacture or sale
17 within the State of Alabama, or shipment into the State of
18 Alabama, of any fireworks or pyrotechnics for use before a
19 proximate audience, each person making shipment or delivery or
20 receiving any fireworks or pyrotechnics for use before a
21 proximate audience into or within the State of Alabama, must
22 make application on forms secured from the State Fire Marshal
23 for a permit or permits required under this article for each
24 location at which fireworks or pyrotechnics for use before a
25 proximate audience are to be offered for sale.
26 "(c) A manufacturer's permit issued under this
27 article shall be subject to rules and regulations promulgated
Page 7
1 by the State Fire Marshal to govern the manufacture of
2 fireworks or pyrotechnics for use before a proximate audience
3 as in the judgment of the State Fire Marshal the public
4 welfare may require.
5 "(d) The decision of the State Fire Marshal as to
6 what type of permit or permits shall be required of each
7 person shall be final. The State Fire Marshal may deny a
8 permit to an applicant or revoke a permit if the State Fire
9 Marshal has knowledge or reason to believe the safety
10 standards and conditions of this article are not or cannot be
11 met by the applicant. No permit shall be issued to a person
12 under the age of 18 years. All permits shall be for the
13 calendar year or any fraction thereof and shall expire on
14 December 31 of each year, two days of grace shall be allowed
15 holders of permits after expiration thereof. Only one seasonal
16 retailer permit shall be required for a full calendar year and
17 it shall be valid for both fireworks seasons, provided that
18 the building is not moved from the location where it was
19 originally permitted and no substantial structural or
20 environmental changes have occurred. A seasonal retailer
21 permit may be issued after July tenth for the remaining
22 fireworks season of that calendar year. All permits issued
23 must be displayed in their place of business. No permit
24 provided for herein shall be transferable nor shall a person
25 be permitted to operate under a permit issued to any other
26 person or under a permit issued for another location, unless
27 transfer shall have been approved by the State Fire Marshal.
Page 8
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, one hundred dollars ($100)
19 per 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.
25 b. Of only sparkling devices and novelties, one
26 hundred fifty dollars ($150) per location.
Page 9
1 "(6) Seasonal Retailer after July 10, one hundred
2 dollars ($100) one-half the permit fee indicated in
3 subdivision (5).
4 "(7) Display, fifty dollars ($50) application filed
5 at least 10 business days before display date, seventy-five
6 dollars ($75).
7 "(8) Display, application filed less than 10
8 business days before display date, one hundred fifty dollars
9 ($150).
10 "(f) Only holders of a an annual retailer or
11 seasonal retailer permit may engage in the retail sale of
12 permitted items as defined in Section 8-17-217 aerial devices,
13 sparkling devices, audible ground devices, and novelties, in
14 any quantity, to consumers.
15 "(g) A holder of a manufacturer's permit is not
16 required to have any additional permit or permits in order to
17 sell to distributors, wholesalers, retailers, or seasonal
18 retailers.
19 "(h) A record of all sales by manufacturers,
20 distributors, or wholesalers must be kept showing the names
21 and addresses of purchasers. All fees collected for the
22 permits shall be paid into the State Fire Marshal Marshal's
23 Revolving Fund for the enforcement of this article. The State
24 Fire Marshal may designate a deputy fire marshal as the
25 "fireworks enforcement officer" who shall have the
26 responsibility of directing enforcement of the state fireworks
27 laws.
Page 10
1 "(i) The State Fire Marshal is charged with the
2 enforcement of this article and may call upon any state or
3 county or city peace officer for assistance in the enforcement
4 of this article. The fire marshal is not authorized to
5 promulgate rules or regulations in conflict with or that go
6 beyond the scope or intent of this article.
7 "(j) Every five years, the State Fire Marshal may
8 increase the fees by the percentage increase in the Consumer
9 Price Index for all urban consumers as published by the U.S.
10 Department of Labor, Bureau of Labor Statistics from the end
11 of December 2020, to the end of the month preceding the month
12 in which the fee increase is to be effective, rounded down to
13 the nearest dollar. The increase may not exceed two percent
14 per year.
15 "8-17-216.1.
16 "(a) The use of pyrotechnics before a proximate
17 audience shall comply with the requirements set out in the
18 latest edition of the National Fire Protection Association's
19 Standard for the Use of Pyrotechnics Before a Proximate
20 Audience (NFPA 1126) as shall be adopted by the State Fire
21 Marshal. For purposes of this article, the term "proximate
22 audience" shall mean an indoor audience closer to pyrotechnic
23 devices than permitted by the National Fire Protection
24 Association's Code for Fireworks Display (NFPA 1123).
25 "(b) No person shall use pyrotechnics before a
26 proximate audience without first obtaining a permit therefor
27 from the State Fire Marshal. An application for a permit for
Page 11
1 the use of pyrotechnics at an event with a proximate audience
2 shall be filed with the State Fire Marshal not less than 10
3 days prior to the planned date of the event. The State Fire
4 Marshal may accept an application for a permit under this
5 section less than 10 days before the planned date of the event
6 if accompanied by a fee of double the amount otherwise
7 required.
8 "(c) The request for a permit under subsection (b)
9 shall be in the form and manner prescribed by the State Fire
10 Marshal. The permit shall be in addition to any locally
11 required permit or approval.
12 "(d) A fee of one hundred fifty do