FILED SENATE
Feb 1, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 40
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS35016-MHxf-15
Short Title: NC Consumer Fireworks Safety Act. (Public)
Sponsors: Senators Sawyer and Galey (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 (a1) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured,
14 or discharged within the State, provided all of the following apply:
15 (1) The exhibition, use, or discharge is at a concert or public exhibition.
16 (2) All individuals who exhibit, use, handle, or discharge pyrotechnics in
17 connection with a concert or public exhibition have completed the training
18 and licensing required under Article 82A of Chapter 58 of the General
19 Statutes. The display operator or proximate audience display operator, as
20 required under Article 82A of Chapter 58 of the General Statutes, must be
21 present at the concert or public exhibition and must personally direct all
22 aspects of exhibiting, using, handling, or discharging the pyrotechnics.
23 Notwithstanding this subdivision, the display operator for the University of
24 North Carolina School of the Arts may appoint an on-site representative to
25 supervise any performances that include a proximate audience display
26 subsequent to the opening performance, provided that the representative (i) is
27 a minimum of 21 years of age and (ii) is properly trained in the safe discharge
28 of proximate audience displays.
29 (3) The display operator has secured written authority under G.S. 14-413 from the
30 board of county commissioners of the county, or the city if authorized under
31 G.S. 14-413(a1), in which the pyrotechnics are to be exhibited, used or
32 discharged. Written authority from the board of commissioners or city is not
33 required under this subdivision for a concert or public exhibition provided the
34 display operator has secured written authority from (i) The University of
35 North Carolina or the University of North Carolina at Chapel Hill under
36 G.S. 14-413, and pyrotechnics are exhibited on lands or buildings in Orange
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1 County owned by The University of North Carolina or the University of North
2 Carolina at Chapel Hill or (ii) the University of North Carolina School of the
3 Arts and pyrotechnics are exhibited on lands or in buildings owned by the
4 State and used by the University of North Carolina School of the Arts.
5 (a2) Notwithstanding any provision of this section, it shall not be unlawful for a common
6 carrier to receive, transport, and deliver pyrotechnics in the regular course of its business.
7 (a3) The requirements of this section apply to G.S. 14-413(b) and G.S. 14-413(c).
8 (a4) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured,
9 or discharged within the State as a special effect by a production company, as defined in
10 G.S. 105-164.3(30), for a motion picture production, if the motion picture set is closed to the
11 public or is separated from the public by a minimum distance of 500 feet.
12 (a5) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured,
13 or discharged within the State for pyrotechnic or proximate audience display instruction
14 consisting of classroom and practical skills training approved by the Office of State Fire Marshal.
15 (a6) It shall be permissible for pyrotechnics that are consumer fireworks to be possessed,
16 advertised, sold, used, transported, handled, or discharged within the State, provided the
17 possession, advertising, sale, use, transportation, handling, or discharge comply with Part 2 of
18 Article 82A of Chapter 58 of the General Statutes.
19 (b) Notwithstanding the provisions of G.S. 14-414, it shall be unlawful for any
20 individual, firm, partnership, or corporation to sell consumer fireworks as defined in this section
21 or pyrotechnics as defined in G.S. 14-414(2), (3), (4)c., (5), or (6) to persons under the age of
22 16.18.
23 (c) The following definitions apply in this Article:
24 (1) Concert or public exhibition. – A fair, carnival, show of any description, or
25 public celebration.
26 (1a) Consumer fireworks. – Defined in G.S. 58-82A-80.
27 (2) Display operator. – An individual issued a display operator license under
28 G.S. 58-82A-3.
29 (3) State Fire Marshal. – Defined in G.S. 58-80-1."
30 SECTION 2. G.S. 14-415 reads as rewritten:
31 "§ 14-415. Violation made misdemeanor.
32 Any person violating any of the provisions of this Article, except as otherwise specified in
33 said Article, shall be guilty of a Class 2 misdemeanor, except that it is a Class 1 misdemeanor if
34 the sale is in violation of G.S. 14-410(b) or if the exhibition is indoors."
35 SECTION 3. G.S. 58-82A-1 through G.S. 58-82A-55 are recodified as Part 1 of
36 Article 82A of Chapter 58 of the General Statutes, to be entitled:
37 "Part 1. Display Pyrotechnics Training and Permitting."
38 SECTION 4. Article 82A of Chapter 58 of the General Statutes is amended by
39 adding a new Part to read:
40 "Part 2. Consumer Fireworks.
41 "§ 58-82A-75. Purpose.
42 The sale, use, transport, possession, handling, or discharge of consumer fireworks shall be
43 permitted only in compliance with the provisions of this Part.
44 "§ 58-82A-80. Definitions.
45 The following definitions apply in this Part:
46 (1) Consumer fireworks. – Any small fireworks device designed primarily to
47 produce visible effects by combustion or deflagration that (i) is categorized as
48 a 1.4G firework device under Standard 87-1 of the American Pyrotechnics
49 Association and (ii) complies with the construction, chemical composition,
50 and labeling regulations of the United States Consumer Product Safety
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1 Commission, as set forth in the Code of Federal Regulations, volumes 16 and
2 49.
3 (2) Consumer fireworks distributor. – A person owning or otherwise controlling
4 a facility where consumer fireworks are stored or otherwise maintained for
5 distribution to fireworks retailers permitted under this Part.
6 (3) Consumer fireworks permanent retailer. – A person that sells only "consumer
7 fireworks," "sparkling devices," "novelties," and related items from a
8 consumer fireworks retail establishment.
9 (4) Consumer fireworks retail establishment. – A structure that is designed,
10 planned, and constructed to remain in one location that is operated by a
11 consumer fireworks permanent retailer as a retail facility.
12 (5) Consumer fireworks temporary retailer. – A person that sells only "consumer
13 fireworks," "sparkling devices," "novelties," and related items from a
14 fireworks retail stand or a fireworks tent.
15 (6) Fireworks retail stand. – A building or structure with a floor area not greater
16 than 800 square feet, other than a fireworks tent. Stands may include
17 buildings, manufactured buildings, trailers, shipping containers, and
18 temporary structures constructed from plywood, sheet metal, or similar
19 materials.
20 (7) Fireworks retailer. – A consumer fireworks permanent retailer, consumer
21 fireworks temporary retailer, or an incidental sparkling device retailer
22 permitted under this Part.
23 (8) Fireworks safety and education trainer. – A person who has completed
24 training on the function, safe handling, and best practices for the safe use of
25 all categories of consumer fireworks under G.S. 58-82A-130 and annually
26 registers with the Department.
27 (9) Fireworks tent. – A tent, canopy, or membrane structure with a floor area not
28 greater than 1,500 square feet that is not permanently installed.
29 (10) Incidental sparkling device retailer. – A person selling only sparkling devices
30 and novelties that is not a consumer fireworks permanent retailer or consumer
31 fireworks temporary retailer as defined by this section.
32 (11) NFPA standards. – Standard 1124 of the National Fire Protection Association,
33 2017 edition, as it applies to the retail sale or distribution of consumer
34 fireworks, except as otherwise specified by this Part.
35 (12) Novelties. – Snaps, party poppers, snakes, glow worms, toy smoke devices,
36 and certain wire sparklers and dipped sticks containing 5 grams or less of
37 pyrotechnic composition. The specification of novelties under this subdivision
38 shall substantially follow the definition of these devices under Standard 87-1
39 of the American Pyrotechnics Association.
40 (13) Public space. – Any building or area open to the public, whether privately or
41 publicly owned. Public space includes restaurants, theaters, stadiums, arenas,
42 retail establishments, and shopping malls.
43 (14) Sparkling devices. – Consumer fireworks and novelties that do not rise into
44 the air, do not fire inserts or projectiles into the air, and do not explode or
45 produce a report. The specification of sparkling devices under this subdivision
46 shall substantially follow the definition of "ground and handheld sparkling
47 devices" under Standard 87-1 of the American Pyrotechnics Association.
48 "§ 58-82A-85. Possession and use of consumer fireworks.
49 (a) The possession of consumer fireworks is allowed in this State, subject to the following
50 requirements and conditions.
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1 (b) The use and sale of consumer fireworks is prohibited within a county or city unless
2 that county or city has adopted an ordinance to allow the use and sale of consumer fireworks in
3 accordance with G.S. 153A-130.1 and G.S. 160A-190.1.
4 (c) The possession and use of consumer fireworks is subject to the following conditions:
5 (1) The person possessing or using the consumer fireworks must be at least 18
6 years old.
7 (2) The use of consumer fireworks may occur only between the hours of 10:00
8 A.M. and 10:00 P.M., with the following exceptions:
9 a. On July 4, use is permitted until 12:00 A.M.
10 b. On December 31 and the following January 1, use is permitted from
11 8:00 A.M. on December 31 until 12:30 A.M. on January 1.
12 (3) The use of consumer fireworks is prohibited in the following locations:
13 a. In or on the premises of a public or private primary or secondary
14 school, unless the person has written authorization from the school.
15 b. On the campus of a college or university, unless the person has
16 received written authorization from the college or university.
17 c. Within 1,500 feet of a hospital, veterinary hospital, animal care
18 facility, licensed child care facility, fireworks retailer, fireworks
19 distributor, gas station, or bulk storage facility for petroleum products
20 or other explosive or flammable substances.
21 (4) The possession or use of consumer fireworks is prohibited in or on the
22 premises of any public park or public space, except as otherwise permitted by
23 the person, State agency, or unit of local government owning or otherwise
24 controlling the public park, property, or public space.
25 (d) No county or city may restrict or exclude the transportation of consumer fireworks
26 across or through the county or city. Nothing in this subsection is intended to prevent reasonable
27 transportation-related restrictions applicable to all vehicles or a class of vehicles regardless of
28 cargo, such as vehicle weight limits or truck route restrictions in accordance with U.S.
29 Department of Transportation regulations.
30 "§ 58-82A-90. Sale of consumer fireworks; permit required.
31 (a) No person shall sell consumer fireworks, sparkling devices, or novelties in this State
32 unless the person holds a permit issued under this Part from the Commissioner. The
33 Commissioner shall issue rules to implement this section. Permits of a fireworks retailer shall be
34 posted in a location visible to members of the public visiting the retailer. The Commissioner shall
35 issue a permit to a person who meets the following conditions:
36 (1) Is 21 years of age or older.
37 (2) Complies with all the requirements of this Part.
38 (3) Has not been convicted of a felony and has not received a pardon.
39 (4) Has not been convicted of an offense for a violation of State or federal law, or
40 been found in violation of any municipal ordinance, involving fireworks or
41 explosives within five years prior to the date of the application for the permit.
42 (5) Maintains at all times public liability and product liability insurance with
43 minimum coverage limits of five million dollars ($5,000,000) to cover losses,
44 damages, or injury that might occur as a result of the person selling consumer
45 fireworks. The Commissioner, by rule, may increase the amount of liability
46 insurance required to be maintained by a fireworks retailer. In determining
47 whether to increase the amount of required liability insurance, the
48 Commissioner shall consider the maximum amount of inventory the fireworks
49 retailer will have on hand at a given time, any property located within 1,000
50 feet of the property wherein the fireworks will be stored or sold, and any other
51 factors the Commissioner deems important.
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1 (6) Submits the application for a permit no less than 120 days prior to the date the
2 applicant proposes to begin sales of consumer fireworks under this Part.
3 (7) Provides a lease or evidence of ownership of the site of the proposed fireworks
4 retailer for no less than the duration of the permit. A consumer fireworks
5 temporary retailer or incidental sparkling device retailer operating out of a
6 fireworks retail stand or fireworks tent located at a site not owned by the
7 retailer may comply with this subdivision by providing the required
8 authorization under G.S. 58-82A-122.
9 (b) A person i