SCS CSHB 146(STA): "An Act relating to fireworks; directing the Department of Public Safety to adopt fireworks regulations; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 146(STA) 01 "An Act relating to fireworks; directing the Department of Public Safety to adopt 02 fireworks regulations; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.81.900(b)(24) is amended to read: 05 (24) "explosive" means a chemical compound, mixture, or device that 06 is commonly used or intended for the purpose of producing a chemical reaction 07 resulting in a substantially instantaneous release of gas and heat, including dynamite, 08 blasting powder, nitroglycerin, blasting caps, and nitrojelly, but excluding consumer 09 fireworks and display [SALABLE] fireworks as designated [DEFINED] in a 10 regulation adopted under AS 18.72.011(a) [AS 18.72.100], black powder, 11 smokeless powder, small arms ammunition, and small arms ammunition primers; 12 * Sec. 2. AS 18.72 is amended by adding a new section to read: 13 Sec. 18.72.011. Regulation of fireworks. (a) The Department of Public Safety 14 shall adopt regulations for the purpose of protecting life and property from fire and
01 explosion by establishing minimum standards for fireworks, including sale, storage, 02 distribution, and use. The Department of Public Safety shall designate by regulation 03 fireworks that qualify as consumer fireworks and fireworks that qualify as display 04 fireworks under this chapter. 05 (b) The commissioner of public safety may establish by regulation, and the 06 Department of Public Safety may charge, reasonable fees for fireworks licenses, 07 fireworks permits, and fireworks inspections. 08 (c) During reasonable business hours, the Department of Public Safety may, 09 for the sole purpose of inspecting fireworks for compliance with regulations adopted 10 under this section, enter a building where fireworks are stored or kept. 11 * Sec. 3. AS 18.72.020 is amended to read: 12 Sec. 18.72.020. Regulation of sale of consumer [SALABLE] fireworks. (a) 13 A person who holds a permit under this section may sell consumer fireworks in 14 the state. A person may apply for a permit by completing a form provided by the 15 state fire marshal. The state fire marshal shall issue a permit to a person 16 [HOLDING A PERMIT REQUIRED BY THE FIRE SAFETY CODE MAY SELL 17 OR OFFER FOR SALE SALABLE FIREWORKS] if 18 (1) the person submits [HAS SUBMITTED] to the state fire marshal a 19 policy, or a certified true copy of a policy, of public liability and products liability 20 insurance, including both accident and occurrence coverage, provided by the 21 wholesale company selling fireworks to the person, in an [THE] amount established 22 in regulation; the policy must name the person [OF AT LEAST $200,000 FOR 23 BODILY INJURY OR DEATH AND AT LEAST $50,000 PROPERTY DAMAGE 24 AND THE PERSON IS NAMED] as an insured party [UPON THE POLICY AND 25 THE POLICY IS CONTINUOUSLY IN FORCE WHILE THE PERSON IS 26 ENGAGED IN THE RETAIL SALE OF FIREWORKS]; and 27 (2) the person pays an endorsement fee [OF $10 IS PAID] to the state 28 fire marshal for an endorsement that is valid for two years or portions of two years 29 from the date of issue during which the permit holder is engaged in the retail sale of 30 consumer fireworks. 31 (b) Upon approval of the insurance required in (a) of this section, the state
01 fire marshal shall endorse the permit [OF THE HOLDER SHALL BE ENDORSED 02 BY THE STATE FIRE MARSHAL] to indicate the holder's right to sell consumer 03 fireworks at retail. The permit must show an expiration date [, AND SHALL 04 INDICATE AN EXPIRATION OF THE AUTHORITY]. The expiration date must 05 [SHALL] coincide with the expiration date of the permit holder's liability insurance. 06 * Sec. 4. AS 18.72.020 is amended by adding new subsections to read: 07 (c) A person holding a permit issued under this section may only sell a 08 consumer firework to a retail customer if the consumer firework was purchased from a 09 wholesaler licensed under this chapter. 10 (d) A person who holds a permit to sell consumer fireworks under this section 11 shall maintain the insurance required under (a) of this section continuously in force 12 while the person is engaged in the retail sale of consumer fireworks. 13 * Sec. 5. AS 18.72.030 is amended to read: 14 Sec. 18.72.030. Fireworks wholesaler's license. (a) A person who holds a 15 license under this section may sell consumer fireworks or display fireworks at 16 wholesale. A person may apply to the state fire marshal for a license to sell 17 consumer fireworks or display [WHO DESIRES TO SELL] fireworks at wholesale 18 in the state [SHALL FIRST MAKE VERIFIED APPLICATION FOR A LICENSE 19 TO THE STATE FIRE MARSHAL] on forms provided by the state fire marshal. 20 [THE FORMS MUST REQUIRE THE APPLICANT TO SUPPLY THE 21 APPLICANT'S SOCIAL SECURITY NUMBER IF THE APPLICANT IS A 22 NATURAL PERSON.] The applicant shall certify that the information provided 23 in the application is true and complete and pay [SHALL BE ACCOMPANIED BY] 24 an annual license fee of $50. 25 (b) A fireworks wholesaler's license [THE LICENSE REQUIRED UNDER 26 (a) OF THIS SECTION] is valid until December 31 of the year of issuance [DURING 27 WHICH IT IS ISSUED] and is renewable upon 28 (1) [THE] payment of each subsequent annual license fee [AND 29 AFFIRMATION THAT THE INFORMATION CONTAINED IN THE 30 WHOLESALER'S ORIGINAL APPLICATION FOR A FIREWORKS 31 WHOLESALER'S LICENSE IS CURRENTLY ACCURATE]; [AND]
01 (2) submission of proof of the existence of a policy that meets the 02 requirements of (c) of this section; and 03 (3) the holder of the fireworks wholesaler's license updating, on a 04 form provided by the state fire marshal, the information provided in the person's 05 most recent application or renewal [SUPPLYING THE WHOLESALER'S SOCIAL 06 SECURITY NUMBER IF IT HAS NOT PREVIOUSLY BEEN SUPPLIED UNDER 07 (a) OF THIS SECTION AND IF THE WHOLESALER IS A NATURAL PERSON]. 08 * Sec. 6. AS 18.72.030 is amended by adding new subsections to read: 09 (c) A person with a wholesaler's license shall maintain a policy of public 10 liability insurance and products liability insurance that includes both accident and 11 occurrence coverage in amounts set by regulation. If the person's policy lapses or does 12 not include coverage at least equal to an amount required by regulation, the person's 13 wholesaler's license is immediately rescinded. 14 (d) A person with a wholesaler's license may only sell consumer fireworks to a 15 person with a valid permit to sell consumer fireworks under AS 18.72.020 and display 16 fireworks to a person with a valid pyrotechnic license under AS 18.72.035. 17 (e) A person with a wholesaler's license shall affix to each record of the sale of 18 a firework the person's license number and the license or permit number of the 19 purchaser and shall maintain a copy of the record of sale for inspection by the state 20 fire marshal. 21 * Sec. 7. AS 18.72 is amended by adding a new section to read: 22 Sec. 18.72.035. Pyrotechnic license. (a) A person may purchase or possess 23 display fireworks in the state if the person holds a pyrotechnic license from the state 24 fire marshal. A person may apply for a license under this section on a form provided 25 by the state fire marshal. The state fire marshal shall issue a pyrotechnic license to a 26 person if 27 (1) the person submits to the state fire marshal proof of a policy of 28 public liability and products liability insurance in the name of the person that includes 29 both accident and occurrence coverage in an amount set by regulation; and 30 (2) the person pays an endorsement fee in an amount set by regulation. 31 (b) A pyrotechnic license issued under this section is valid for two years but is
01 immediately rescinded if the person's insurance policy lapses or does not include 02 coverage in an amount at least equal to an amount required by regulation. 03 (c) The holder of a pyrotechnic license may purchase display fireworks from a 04 person with a fireworks wholesaler's license issued under AS 18.72.030. 05 (d) A license holder under this section may use display fireworks for public 06 display purposes, unless prohibited from doing so under federal law. Before 07 conducting a fireworks display or testing a display firework, the license holder shall 08 apply for and obtain a permit from the state fire marshal. A license holder shall submit 09 an application for a permit under this subsection not later than 10 (1) 14 days before a fireworks display or nonroutine testing is 11 scheduled to occur; or 12 (2) seven days before routine testing occurs. 13 * Sec. 8. AS 18.72.040 is amended to read: 14 Sec. 18.72.040. Criminal penalty. A person who recklessly fails to comply 15 with a provision of this chapter or fireworks regulations adopted under this chapter 16 [IN THE FIRE SAFETY CODE] is guilty of a class B misdemeanor. Each day of 17 noncompliance constitutes a separate offense. In this section, "recklessly" has the 18 meaning given in AS 11.81.900. 19 * Sec. 9. AS 18.72.060 is amended to read: 20 Sec. 18.72.060. Municipal regulation of fireworks. This chapter and 21 fireworks regulations adopted under this chapter [THE FIRE SAFETY CODE] 22 supersede the provisions of an ordinance adopted by a city or borough, whether before 23 or after May 23, 1969, that are less restrictive than this chapter or the code. However, 24 nothing in this section affects the authority of a city or organized borough under other 25 law to prohibit or regulate more restrictively than this chapter the offering for sale, 26 exposure for sale, sale, use, or explosion of fireworks. 27 * Sec. 10. AS 18.72.010 and 18.72.100 are repealed. 28 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITION: REGULATIONS. The Department of Public Safety may adopt 31 regulations necessary to implement the changes made by this Act. The regulations take effect
01 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 02 implemented by the regulations. 03 * Sec. 12. Section 11 of this Act takes effect immediately under AS 01.10.070(c).