HB 146: "An Act relating to fireworks; repealing restrictions on the sale of fireworks; directing the Department of Public Safety to adopt fireworks regulations; and providing for an effective date."
00 HOUSE BILL NO. 146 01 "An Act relating to fireworks; repealing restrictions on the sale of fireworks; directing 02 the Department of Public Safety to adopt fireworks regulations; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.81.900(b)(24) is amended to read: 06 (24) "explosive" means a chemical compound, mixture, or device that 07 is commonly used or intended for the purpose of producing a chemical reaction 08 resulting in a substantially instantaneous release of gas and heat, including dynamite, 09 blasting powder, nitroglycerin, blasting caps, and nitrojelly, but excluding salable 10 fireworks as defined in regulation [AS 18.72.100], black powder, smokeless powder, 11 small arms ammunition, and small arms ammunition primers; 12 * Sec. 2. AS 18.72.010 is repealed and reenacted to read: 13 Sec. 18.72.010. Regulation of fireworks. (a) The Department of Public 14 Safety shall adopt regulations for the purpose of protecting life and property from fire
01 and explosion by establishing minimum standards for fireworks, including sale, 02 storage, distribution, and use. 03 (b) The commissioner of public safety may establish by regulation, and the 04 Department of Public Safety may charge, reasonable fees for fireworks permits and 05 inspections. 06 (c) During reasonable business hours, the Department of Public Safety may, 07 for the sole purpose of inspecting fireworks for compliance with regulations adopted 08 under this section, enter any building where fireworks are stored or kept. 09 * Sec. 3. AS 18.72.040 is amended to read: 10 Sec. 18.72.040. Criminal penalty. A person who recklessly fails to comply 11 with [A PROVISION OF THIS CHAPTER OR] fireworks regulations adopted under 12 AS 18.72.010 [IN THE FIRE SAFETY CODE] is guilty of a class B misdemeanor. 13 Each day of noncompliance constitutes a separate offense. In this section, "recklessly" 14 has the meaning given in AS 11.81.900. 15 * Sec. 4. AS 18.72.060 is amended to read: 16 Sec. 18.72.060. Municipal regulation of fireworks. Fireworks [THIS 17 CHAPTER AND FIREWORKS] regulations adopted under AS 18.72.010 [THE FIRE 18 SAFETY CODE] supersede the provisions of an ordinance adopted by a city or 19 borough, whether before or after May 23, 1969, that are less restrictive than [THIS 20 CHAPTER OR] the regulations [CODE]. However, nothing in this section affects the 21 authority of a city or organized borough under other law to prohibit or regulate more 22 restrictively than regulations adopted under AS 18.72.010 [THIS CHAPTER] the 23 offering for sale, exposure for sale, sale, use, or explosion of fireworks. 24 * Sec. 5. AS 18.72.020, 18.72.030, and 18.72.100 are repealed. 25 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITION: REGULATIONS. The Department of Public Safety may adopt 28 regulations necessary to implement the changes made by this Act. The regulations take effect 29 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 30 implemented by the regulations. 31 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c).