Today's Law As Amended


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SB-277 Fireworks: dangerous fireworks: seizure: management.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 12505 of the Health and Safety Code is amended to read:

12505.
 “Dangerous fireworks” includes all of the following:
(a) Any fireworks which that  contain any of the following:
(1) Arsenic sulfide, arsenates, or arsenites.
(2) Boron.
(3) Chlorates, except:
(A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
(B) In caps and party poppers.
(C) In those small items (such items, such  as ground spinners) spinners,  wherein the total powder content does not exceed 4 grams grams,  of which not greater than 15 percent (or percent, or  600 milligrams) milligrams,  is potassium, sodium, or barium chlorate.
(4) Gallates or Gallic acid.
(5) Magnesium,   Magnesium (magnesium-aluminum  except that magnesium-aluminum  alloys, called magnalium, are permitted).  permitted. 
(6) Mercury salts.
(7) Phosphorous (red or white that is red or white,  except that red phosphorus is permissible in caps and party poppers).  poppers. 
(8) Picrates or picric acid.
(9) Thiocyanates.
(10) Titanium, except in particle size greater than 100-mesh.
(11) Zirconium.
(12) Lead and lead compounds, including red oxide.
(13) Hexachlorobenzene (perchlorobenzene) at the limit to 0.01% by weight.
(b) Firecrackers.
(c) Skyrockets and rockets, including all devices which that  employ any a  combustible or explosive material and which that  rise in the air during discharge.
(d) Roman candles, including all devices which that  discharge balls of fire into the air.
(e) Chasers, including all devices which that  dart or travel about the surface of the ground during discharge.
(f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter.
(g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers,  auto foolers,  cigarette loads, exploding golf balls, and trick matches.
(h) Fireworks known as devil-on-the-walk, or any other firework which that  explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.
(i) Torpedoes of all kinds which that  explode on impact.
(j) Fireworks kits.
(k) Such other  Other  fireworks examined and tested by the State Fire Marshal and determined by him,  the State Fire Marshal,  with the advice of the State Board of Fire Services, to possess characteristics of design or construction which that  make such the  fireworks unsafe for use by any a  person not specially qualified or trained in the use of fireworks.

SEC. 2.

 Section 12509 of the Health and Safety Code is repealed.

12509.
 “Exporter” means any person who sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of this state.

SEC. 3.

 Section 12513 of the Health and Safety Code is amended to read:

12513.
 “Importer”  “Importer-exporter” or “importer and exporter”  means any person who for any purpose does any of the following:
(a) Brings fireworks into this state or causes fireworks to be brought into this state.
(b) Procures the delivery or receives shipments of any  fireworks into this state.
(c) Buys or contracts to buy fireworks for shipment into this state.
(d) Sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of the state.

SEC. 4.

 Section 12555 of the Health and Safety Code is amended to read:

12555.
 The State Fire Marshal or his  the State Fire Marshal’s  salaried deputies may make an examination of the books and records of any a  licensee or permittee relative to fireworks, and may visit and inspect any a  building or other premises subject to the control of, or used by, the licensee or permittee for any purpose related to fireworks of any a  licensee or permittee at any time he  the State Fire Marshal  may deem necessary for the purpose of enforcing the provisions of  this part.

SEC. 5.

 Section 12561 of the Health and Safety Code is amended to read:

12561.
 All fireworks examined by the State Fire Marshal and determined by him  the State Fire Marshal  to come within the definition of “dangerous fireworks” in Section 12505 shall be classified as dangerous fireworks.

SEC. 6.

 Section 12562 of the Health and Safety Code is amended to read:

12562.
 All fireworks examined by the State Fire Marshal and determined by him  the State Fire Marshal  to come within the definition of “safe and sane fireworks” in Section 12529 shall be classified as safe and sane fireworks.

SEC. 7.

 Section 12563 of the Health and Safety Code is amended to read:

12563.
 All fireworks examined by the State Fire Marshal and determined by him  the State Fire Marshal  to come within the definition of “agricultural and wildlife fireworks” in Section 12503 shall be classified as agricultural and wildlife fireworks.

SEC. 8.

 Section 12564 of the Health and Safety Code is amended to read:

12564.
 All fireworks examined by the State Fire Marshal and determined by him  the State Fire Marshal  to come within the definition of “exempt fireworks” in Section 12508 shall be classified as exempt fireworks.

SEC. 9.

 Section 12565 of the Health and Safety Code is amended to read:

12565.
 All fireworks or toy propellent propellant  devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him or her  the State Fire Marshal  to come within the definition of “model rocket” or “model rocket motor” in Section 12519 or 12520, respectively, shall be classified as model rocket motors.

SEC. 10.

 Section 12566 of the Health and Safety Code is amended to read:

12566.
 All pyrotechnic devices examined by the State Fire Marshal and found by him  the State Fire Marshal  to come within the definition of “emergency signaling devices” in Section 12506 shall be classified by the State Fire Marshal as emergency signaling devices.

SEC. 11.

 Section 12570 of the Health and Safety Code is amended to read:

12570.
 The State Fire Marshal may issue any a  license described in this part, subject to the regulations which he  that the State Fire Marshal  may adopt that are  not inconsistent with the provisions of  this part.

SEC. 12.

 Section 12581 of the Health and Safety Code is amended to read:

12581.
 Any A  person who desires to manufacture, import, export, sell sell,  or use fireworks, fireworks  shall first make a  written application for a license to the State Fire Marshal on forms provided by him. Such  the State Fire Marshal. The  application shall be accompanied by the annual license fee as prescribed in this chapter.

SEC. 13.

 Section 12585 of the Health and Safety Code is amended to read:

12585.
 Any An  applicant may withdraw his their  application for a license or renewal of a license and the State Fire Marshal may allow the withdrawal when he  the State Fire Marshal  has determined that it is in the best interest of public safety or the administration of this part.

SEC. 14.

 Section 12586 of the Health and Safety Code is amended to read:

12586.
 The suspension, expiration, or forfeiture by operation of law of a license issued by the State Fire Marshal, or its suspension, forfeiture, or cancellation by order of the State Fire Marshal or by a court of law, or its surrender to the State Fire Marshal shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the State Fire Marshal of his  the State Fire Marshal’s  authority to institute or continue disciplinary action against the licensee upon any ground provided by law, or to enter an order suspending or revoking a license or otherwise taking disciplinary action against the licensee on any such ground.

SEC. 15.

 Section 12587 of the Health and Safety Code is amended to read:

12587.
 A written report by the State Fire Marshal, any of his  the State Fire Marshal’s  deputies, or salaried assistants, or by the chief of any a  city or county fire department or fire protection district or their authorized representatives, disclosing that the applicant for a license or for renewal of a license does not meet, or the premises for which the license is required do not meet, the qualifications or conditions for such the  license as required by this part or regulations adopted pursuant to this part, may constitute grounds for denial of any an  application for the license or renewal of the license.

SEC. 16.

 Section 12590 of the Health and Safety Code is amended to read:

12590.
 The State Fire Marshal may deny or revoke any a  license issued pursuant to this part if the State Fire Marshal finds any of the following conditions has occurred:
(a) The licensee has failed to pay the annual renewal license fee provided in this chapter.
(b) The licensee or license applicant has violated any provisions of this part or any regulations adopted by the State Fire Marshal pursuant to this part.
(c) The licensee or license applicant has created or caused a fire nuisance.
(d) The licensee has failed to keep full, complete, and accurate records or failed to file any required reports.
(e) Any A  fact or condition exists which, that,  if it had existed at the time of the original application for the license license,  reasonably would have warranted the State Fire Marshal in refusing originally to issue the license.
(f) The permit issued under Section 12640 has been rescinded or revoked by the issuing authority.
(g) Any A  licensee or license applicant has refused to make available to the State Fire Marshal full, complete, and accurate records.
(h) The licensee has engaged in or facilitated the distribution or unauthorized sale of dangerous fireworks to a person or entity not holding a requisite State Fire Marshal license.

SEC. 17.

 Section 12604 of the Health and Safety Code is amended to read:

12604.
 Following the revocation or voluntary surrender of a license, or failure to renew his their  license, any a  person in lawful possession of lawfully acquired fireworks for which a license is required may sell or otherwise dispose of such the  fireworks only under supervision of the State Fire Marshal and in such a manner as he  the State Fire Marshal  shall provide by regulations and solely to persons who are authorized to buy, possess, sell, or use such those  fireworks. Such That  disposal shall be accomplished not later than 90 days from the legal revocation, voluntary surrender, or day that the license expires. Any  expiration of the license. A  person possessing fireworks pursuant to this section shall report the disposition of such the  fireworks to the local authority who issued the storage permit within the time period specified by this section.

SEC. 18.

 Section 12605 of the Health and Safety Code is amended to read:

12605.
 Any A  person found guilty of violating any of the provisions of this part is not eligible to apply for a new license, apply for a renewal of a license, or take an examination for any a  license for a period of one year from the date of any a  conviction. The State Fire Marshal may waive the provisions of  this section when he  the State Fire Marshal  finds the granting of a license will not endanger public safety.

SEC. 19.

 Section 12635.5 is added to the Health and Safety Code, to read:

12635.5.
 (a) The State Fire Marshal Dangerous Fireworks Training and Education Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, this fund is continuously appropriated without regard to fiscal years to the State Fire Marshal for the purpose of training local fire and law enforcement agencies regarding the identification, risks, dangers, and proper storage and management associated with dangerous fireworks and safe and sane fireworks seized pursuant to this part.
(b) Pursuant to Section 12630, the State Fire Marshal shall establish and collect an additional fee on permits for dangerous fireworks issued pursuant to Section 12640 in an amount necessary to enforce this part with respect to training and education regarding dangerous fireworks. Notwithstanding Section 12635, these fees shall be deposited in the State Fire Marshal Dangerous Fireworks Training and Education Fund.
(c) A local fire department, a local fire protection agency, a local law enforcement agency, or any other public agency authorized by statute to enforce the State Fire Marshal’s regulations may apply to the State Fire Marshal for a grant for its reasonable costs in participating in the State Fire Marshal’s education and training program pursuant to this section.

SEC. 20.

 Section 12637 of the Health and Safety Code is amended to read:

12637.
 (a)  All fireworks or pyrotechnic devices intended for sale in this state, which that  are products of nonlicensed manufacturers, shall be examined and classified by the State Fire Marshal upon written application on forms provided by him. Such  the State Fire Marshal. The  application shall be accompanied by a fee as follows: in an amount reasonably related to the costs of administering the requirements of this section as determined by the State Fire Marshal. 
(a) (b)  The   Ten dollars ($10)  fee shall be assessed  for each label of an item of identical size and design of a given lot or batch, provided that the lot or batch is identifiable by a code, serial number, shipment lot, case cargo number, etc.  or other similar methods. 
(c) Each lot or batch shall include 10 samples of the firework or pyrotechnic device, with the proper label, name of the item, EX or FC number, how it should be classified, such as safe and sane, snap cap, or party popper, and a copy of the EX or FC application with the chemical analysis and a drawing of the item.
(d) A separate application and fee shall be submitted for each lot or batch.
A  (e)  separate application and fee shall be submitted for each lot or batch.  The State Fire Marshal seal and the wholesalers or importers registration number shall not be imprinted on the label until the lot or batch has been examined and classified.

SEC. 21.

 Section 12643 of the Health and Safety Code is amended to read:

12643.
 Any A  licensee desiring to do any an  act specified in Section 12640 shall first make a  written application for a permit to the chief of the fire department or the chief fire prevention officer of the city or county, or to such other  another  issuing authority which that  may be designated by the governing body of the city or county. In the event there is no such not an  officer or person appointed within the area, an  application shall be made to the State Fire Marshal or his  the State Fire Marshal’s  deputy. Applications for permits shall be made in writing at least 10 days prior to  before  the proposed act.

SEC. 22.

 Section 12645 of the Health and Safety Code is amended to read:

12645.
 The officer to whom the application for a permit is made shall undertake an investigation and submit a report of his  the officer’s  findings and his  the officer’s  recommendation concerning the issuance of the permit, together with his  the officer’s  reasons therefor, to the governing body of the city or county. The applicant for a permit to conduct a public display shall file a certificate evidencing the possession of a valid public display license with the officer making the investigation.

SEC. 23.

 Section 12648 of the Health and Safety Code is amended to read:

12648.
 The officer to whom the application for a permit for a public display of fireworks is made shall make an investigation  investigate  to determine whether such a  the  display as proposed will be of such a  character or so  located such  that it may be hazardous to property or dangerous to any person. He  The officer  shall, in the exercise of reasonable discretion, recommend granting or denying the permit, subject to such those  conditions as he  the officer  may prescribe.

SEC. 24.

 Section 12649 of the Health and Safety Code is amended to read:

12649.
 The applicant for a permit for any a  public display of fireworks shall, at the time of application, submit his their  license for inspection and furnish proof that he carries they carry  compensation insurance for his their  employees as provided by the laws of this state.

SEC. 25.

 Section 12723 of the Health and Safety Code is amended to read:

12723.
 (a) It is the intent of the Legislature that this section, as well as Sections 12724 and 12726 create a uniform statewide policy regarding a state, county, special district, or local government entity’s safe seizure, storage, repurposing, destruction, or disposal of class 1.4G federally approved dangerous fireworks and class 1.4G California classified safe and sane fireworks. It is further the intent of the Legislature that any savings achieved to the State Fire Marshal Fireworks Enforcement and Disposal Fund, established pursuant to Section 12728, because of this section and Section 12724, should be allocated to enforcement efforts targeting the sale, storage, transportation, importation, and use of dangerous fireworks and should not impact additional funds that may be appropriated to this fund each fiscal year.
(b) For purposes of this section and Section 12726, the following terms shall apply:
(1) “Collection site” means a recognized site where seizing entities shall deposit fireworks for collection by the State Fire Marshal or the State Fire Marshal’s designee.
(2) “Commercially viable” means federally approved dangerous consumer fireworks or California classified safe and sane fireworks that have been determined by the State Fire Marshal or the State Fire Marshal’s designee to be in a physical condition to be repurposed or resold in states that are not contiguous to California.
(3) “Federally approved dangerous fireworks” means dangerous fireworks, as defined in Section 12505, that are approved by the United States Consumer Product Safety Commission and comply with Part 1507 of Title 16 of the Code of Federal Regulations and the United States Department of Transportation requirements set forth in Title 49 of the Code of Federal Regulations.
(4) “Management” or “managed” means adherence to a uniform statewide policy regarding the state, a county, a special district, or a local government entity’s safe seizure, storage, repurposing, destruction, or disposal of class 1.4G federally approved dangerous fireworks or class 1.4G California classified safe and sane fireworks seized by any of the above entities.
(5) “Safe and sane fireworks” has the same meaning as Section 12529.
(a) (c)  The authority seizing fireworks under the provisions of  this chapter shall notify the State Fire Marshal not more than three days following the date of seizure and shall state the reason for the seizure and the quantity, type, and location of the fireworks. Fireworks, with the exception of dangerous fireworks, seized pursuant to Section 12721 shall be disposed of  managed  by the State Fire Marshal in the manner prescribed by the State Fire Marshal  Marshal, in accordance with Section 12726,  at any time subsequent to 60 days from the seizure or 10 days from the final termination of proceedings under the provisions of  Section 12593 or 12724, whichever is later. Dangerous fireworks shall be disposed of  managed  according to procedures in Sections 12724 and 12726. Fireworks seized by any authority as defined in this chapter, other than the State Fire Marshal or his or her  the State Fire Marshal’s  salaried assistants, shall be held in trust for  managed in a manner prescribed by  the State Fire Marshal by that authority.
(b) This section shall become operative on January 1, 2016.

SEC. 26.

 Section 12726 of the Health and Safety Code is amended to read:

12726.
 (a) The dangerous or safe and sane  fireworks seized pursuant to this part shall be disposed of  managed  by the State Fire Marshal in the manner prescribed by the State Fire Marshal at any time after the final determination of proceedings under Section 12724, or upon final termination of proceedings under Section 12593, whichever is later. If no proceedings are commenced pursuant to Section 12724, the State Fire Marshal may dispose of the fireworks after all of the following requirements are satisfied: shall manage these fireworks pursuant to subdivisions (d) to (k), inclusive. 
(1) A random sampling of the dangerous fireworks has been taken, as defined by regulations adopted by the State Fire Marshal pursuant to Section 12552.
(2) The analysis of the random sampling has been completed.
(3) Photographs have been taken of the dangerous fireworks to be destroyed.
(4) The State Fire Marshal has given written approval for the destruction of the dangerous fireworks. This approval shall specify the total weight of the dangerous fireworks seized, the total weight of the dangerous fireworks to be destroyed, and the total weight of the dangerous fireworks not to be destroyed.
(b) (1)  To carry out the purposes of this section, the State Fire Marshal shall acquire and use statewide mobile dangerous fireworks destruction units to collect and destroy seized dangerous fireworks from local and state agencies. shall, in consultation with the relevant federal and state agencies and local jurisdictions, develop specific protocols and procedures for the safe seizure, storage, repurposing, destruction, or disposal of class 1.4G federally approved dangerous fireworks and class 1.4G California classified safe and sane fireworks. 
(2) State, county, special district, and local government entities shall handle, transport, and store seized fireworks in a manner prescribed by the State Fire Marshal.
(c) If dangerous fireworks are seized pursuant to a local ordinance that provides for administrative fines or penalties and these fines or penalties are collected, the local government entity collecting the fines or penalties shall forward 65 25  percent of the collected moneys to the Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Section 12728.
(d) This section shall become operative on January 1, 2016. The seizing entity shall separate fireworks that are not legal for sale to consumers in California or any other state, and ensure that this material is stored in accordance with all applicable state and federal hazardous waste laws and regulations until the time when these fireworks can be disposed of by the appropriate local bomb squad. At their time of seizure and thereafter, all seized, commercially viable, federally approved dangerous fireworks and California classified safe and sane fireworks shall remain hazardous material until the State Fire Marshal or designee determines otherwise. 
(e) The seizing entity shall notify the State Fire Marshal or designee within three days of the determination that the seized product may be transferred. The notification shall include the amount of federally approved dangerous consumer fireworks or safe and sane fireworks that have been seized, a general description of the condition of the packaging of the fireworks, and the collection site from which the fireworks will be collected.
(f) The State Fire Marshal or designee shall arrange for pickup or transportation of all federally approved dangerous consumer fireworks or safe and sane fireworks that are at the collection site. The State Fire Marshal or designee shall be responsible for sorting the commercially viable fireworks from hazardous waste and managing all of the material in compliance with state and federal laws.
(g) Any commercially viable, federally approved dangerous consumer fireworks or safe and sane fireworks shall be available for sale by any California licensed fireworks importer-exporter or wholesaler, in good standing. The revenue from the sales shall be deposited in the State Fire Marshal Fireworks Enforcement and Disposal Fund, established pursuant to Section 12728.
(h) The importer-exporter or wholesaler who purchases fireworks pursuant to subdivision (g) may, to the extent allowed by any applicable state and federal laws, repurpose and retain any seized commercially viable federally approved dangerous consumer fireworks within the state for a period not exceeding 90 days. Before the expiration of the 90-day period, they shall ship those fireworks to a site operated by the importer-exporter, wholesaler, or another entity in another state that is authorized to accept the shipment.
(i) (1) The State Fire Marshal or the State Fire Marshal’s designee shall not be required to accept any of the following materials:
(A) Military ordnance.
(B) Explosives as defined by Section 12000.
(C) Blasting caps.
(D) Explosive precursor chemicals.
(E) Loose pyrotechnic powder.
(F) Black powder.
(G) Smokeless powder.
(H) Destructive devices.
(I) Improvised explosive devices.
(J) Homemade fireworks.
(K) Emergency signaling devices.
(L) Agricultural and wildlife devices.
(M) Road flares.
(N) Fuzees.
(O) Electric matches.
(P) Hobby fuses.
(Q) Butane lighters.
(R) Matches.
(S) Class 1.3G fireworks.
(T) Wet fireworks.
(U) Hazardous waste.
(V) Banned hazardous substances.
(2) Seized fireworks shall not be accepted by the State Fire Marshal or the State Fire Marshal’s designee without an accompanying completed seizure form, as created by the State Fire Marshal.
(j) (1) On a quarterly basis, each seizing entity shall notify the State Fire Marshal of all administrative, civil, or criminal fines or penalties levied or collected pursuant to Section 12700, 12702, or 12703 or for any violations of subdivision (b) of Section 12700 or any regulation or ordinance adopted pursuant to subdivision (b) of Section 12700.
(2) Within 60 days of the seizing entity’s receipt of any or all administrative, civil, or criminal fines or penalties described in paragraph (1), 25 percent of all sums collected in each quarter by the seizing entity shall be transmitted to the State Fire Marshal for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, established pursuant to Section 12728.
(k) On or by January 31 of each year, the State Fire Marshal shall advise each seizing entity of all of the following:
(1) The total poundage of all seized fireworks the seizing entity delivered during the last calendar year.
(2) The total poundage of all seized fireworks delivered by the seizing entity in the last calendar year that could not be repurposed and the cost of disposing the fireworks.
(3) That the seizing entity shall be responsible for 50 percent of the cost incurred for disposal minus all sums transmitted to the State Fire Marshal during the last calendar year by that seizing entity pursuant to subdivision (c).
SEC. 27.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.