Bill Text: IN HB1119 | 2013 | Regular Session | Introduced
Bill Title: Fireworks sales and display permits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Public Policy [HB1119 Detail]
Download: Indiana-2013-HB1119-Introduced.html
Citations Affected: IC 22-11-14.
Synopsis: Fireworks sales and display permits. Provides that a person
that possesses, transports, or delivers special fireworks, except as
authorized under rules adopted by the fire prevention and building
safety commission (commission), may not be issued a certificate of
compliance by the division of fire and building safety (division) for the
sale of consumer fireworks for a period not to exceed five years after
the date of a violation. Provides that a person that violates a rule
adopted by the commission concerning the granting of permits for the
supervised public display of fireworks by municipalities, fair
associations, amusement parks, and other organizations or groups of
individuals may not be issued a certificate of compliance by the
division for the sale of consumer fireworks for a period not to exceed
five years after the date of the violation of the rule. Requires the state
fire marshal to issue a certificate of compliance to a fireworks retailer
for each sales location that complies with all applicable rules of the
commission, based on an inspection performed by the division. Makes
conforming amendments.
Effective: Upon passage.
January 8, 2013, read first time and referred to Committee on Public Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
(1) adopt rules under IC 4-22-2 for the granting of permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals; and
(2) establish by rule the fee for the permit, which shall be paid into the fire and building services fund created under IC 22-12-6-1.
(b) The application for a permit required under subsection (a) must:
(1) name a competent operator who is to officiate at the display;
(2) set forth a brief resume of the operator's experience;
(3) be made in writing; and
(4) be received with the applicable fee by the division of fire and building safety at least five (5) business days before the display.
No operator who has a prior conviction for violating this chapter may operate any display for one (1) year after the conviction.
(c) Every display shall be handled by a qualified operator approved by the chief of the fire department of the municipality in which the display is to be held. A display shall be located, discharged, or fired as, in the opinion of:
(1) the chief of the fire department of the city or town in which the display is to be held; or
(2) the township fire chief or the fire chief of the municipality nearest the site proposed, in the case of a display to be held outside of the corporate limits of any city or town;
after proper inspection, is not hazardous to property or person.
(d) A permit granted under this section is not transferable.
(e) A denial of a permit by a municipality shall be issued in writing before the date of the display.
(b) In addition to the penalty for a violation described in section 6(a) of this chapter, a person that violates subsection (a) may not be issued a certificate of compliance by the division of fire and building safety for the sale of consumer fireworks for a period not to exceed five (5) years after the date of the violation of subsection (a).
(c) A person that violates a rule adopted under section 2(a) of this chapter may not be issued a certificate of compliance by the division of fire and building safety for the sale of consumer fireworks for a period not to exceed five (5) years after the date of the violation of the rule.
(b) A person who ignites, discharges, or uses consumer fireworks at a site other than:
(1) a special discharge location;
(2) the property of the person; or
(3) the property of another who has given permission to use the consumer fireworks;
commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.
(c) A person less than eighteen (18) years of age who possesses or uses a firework when an adult is not present and responsible at the location of the possession or use commits a Class C infraction. However, if a person possesses or uses a firework when an adult is not present and responsible at the location of the possession or use within five (5) years after a previous possession or use by the person as described in this subsection, whether or not there has been a judgment that the person committed an infraction in the previous possession or use, the person commits a delinquent act under IC 31-37.
(d) A person who ignites, discharges, or uses consumer fireworks:
(1) after 11 p.m. except on a holiday (as defined in IC 1-1-9-1(a)) or December 31, on which dates consumer fireworks may not be ignited, discharged, or used after midnight; or
(2) before 9 a.m.;
commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.
(e) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation causes harm to the property of a person commits a Class A misdemeanor.
(f) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in serious bodily injury to a person commits a Class D felony.
(g) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in the death of a person commits a Class C felony.
(h) A person who knowingly or intentionally fails to collect or remit to the state the public safety fees due under section 12 of this chapter commits a Class D felony.
UPON PASSAGE]: Sec. 11. (a) A retailer may not sell consumer
fireworks until the retailer has:
(1) filed the application required under section 4.5(e) of this
chapter with the state fire marshal for each location from which
the retailer proposes to sell the consumer fireworks, which must
be filed on an annual basis; and
(2) paid an accompanying registration fee of:
(A) one thousand dollars ($1,000) for the first location if a fee
under section 5(b)(3) of this chapter has not been paid;
(B) five hundred dollars ($500) for each additional sales
location in a tent; and
(C) two hundred dollars ($200) for each additional sales
location in a structure;
from which the retailer proposes to sell the consumer fireworks.
Upon receipt of the completed application form, the accompanying fee,
and, if required, the affidavit under subsection (b), the state fire
marshal shall issue a certificate of compliance to the retailer for each
sales location that complies with all applicable rules of the fire
prevention and building safety commission, based on an inspection
performed by the division of fire and building safety.
(b) A person seeking a certificate of compliance authorizing the sale
of consumer fireworks at retail from a structure identified in section
4.5(b)(1), 4.5(b)(2), or 4.5(c) of this chapter, or from a tent under
section 4.5(a) of this chapter shall submit with the application:
(1) an affidavit executed by a responsible party with personal
knowledge, establishing that consumer fireworks were sold at
retail or wholesale from a structure at the same location as of a
date set forth in section 4.5(b)(1), 4.5(b)(2), or 4.5(c) of this
chapter, or from a tent as of a date set forth under section
4.5(a)(9) of this chapter; and
(2) proof of sales of consumer fireworks from that location.
(c) A person may not sell consumer fireworks at retail if a certificate
of compliance from the state fire marshal has not been issued for the
location showing registration under subsection (a).
(d) A certificate of compliance issued to a retailer of consumer
fireworks is not transferable except to a subsequent owner or operator
of a business at the same location in accordance with the policies and
guidelines of the state fire marshal.
