Overview

S.F. 235 expands the definition of legal fireworks, prohibits certain uses, and makes changes to local government powers as it relates to fireworks.

Section 1

Paragraph (a) expands the types of fireworks that are legal in the state. Adds definitions for “APA 87-1,” “consumer fireworks,” “display fireworks,” “fireworks,” “novelties,” and “sparkling devices.”

Paragraph (b) prohibits the use of consumer fireworks and sparkling devices on public property. Prohibits persons younger than 18 years of age from purchasing consumer fireworks and sparkling devices. Requires that persons selling these items verify the purchaser’s age by photographic identification.

Paragraph (c) authorizes local governments to impose an annual sales permit fee for consumer fireworks. The permit fee for consumer fireworks retailers is capped at $350 per single retail location and the permit fee for other retailers is capped at $100.

Prohibits local governments from (1) imposing fees or charges on wholesale of consumer fireworks (previously limited to retailors); (2) imposing any permitting, licensing, fee, or charge on the retail sale or wholesale of sparkling devices or novelties; (3) restricting the sale of sparkling devices, novelties, or consumer fireworks from any permanent or temporary structure that complies with the National Fire Protection Association Standard 1124 (2006 edition); or (4) enacting an ordinance that restricts the wholesale or retail sale of novelties.

Paragraph (d) specifies that this section does not preempt city and town regulations that regulate the conditions of use for consumer fireworks and display fireworks (for example, zoning laws).

Paragraph (e) authorizes counties to exercise the same powers related to regulating the conditions of use for consumer fireworks and display fireworks but specifies that city and town regulations take precedent over any county regulations.

Effective date. June 1, 2018.