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AB-1497 Fireworks: violations: penalties.(2021-2022)

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Date Published: 02/20/2021 04:00 AM
AB1497:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1497


Introduced by Assembly Member Frazier

February 19, 2021


An act to amend Sections 12505, 12555, 12558, 12561, 12562, 12563, 12564, 12565, 12566, 12570, 12581, 12585, 12586, 12587, 12604, 12605, 12643, 12645, 12648, 12649, 12670, 12673, 12686, 12700, and 12725 of the Health and Safety Code, relating to fireworks.


LEGISLATIVE COUNSEL'S DIGEST


AB 1497, as introduced, Frazier. Fireworks: violations: penalties.
The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property, and requires the State Fire Marshal to appoint deputies and employees as may be required to carry out the provisions of that law. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits any fireworks or pyrotechnic devices from being imported, sold, or offered for sale before the fireworks or devices have been examined and classified by the State Fire Marshal. Existing law authorizes the State Fire Marshal to issue licenses related to fireworks and pyrotechnic devices, including a wholesaler’s license. Existing law makes it unlawful for a person to violate the State Fireworks Law and the regulations issued pursuant thereto, and to possess a specified amount of dangerous fireworks, punishable by a fine or by imprisonment, as specified.
This bill would increase the amount of the fine to be imposed for violating the State Fireworks Law or related regulation, would increase the amount of certain fines for possessing a specified amount of dangerous fireworks, and would specify the fine and imprisonment penalties for a 3rd or subsequent conviction.
This bill would also make numerous nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


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 as ground spinners) items, such as ground spinners, wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) percent, or 600 milligrams, is potassium, sodium, or barium chlorate.
(4)  Gallates or Gallic acid.

(5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).

(5) Magnesium, except that magnesium-aluminum alloys, called magnalium, are permitted.
(6)  Mercury salts.

(7) Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).

(7) Phosphorus that is red or white, except that red phosphorus is permissible in caps and party poppers.
(8)  Picrates or picric acid.
(9)  Thiocyanates.
(10)  Titanium, except in particle size greater than 100-mesh.
(11)  Zirconium.
(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, 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 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. 3.

 Section 12558 of the Health and Safety Code is amended to read:

12558.
 The licensee or permittee shall permit the chief of the issuing authority, or his the chief’s authorized representatives, as qualified in Section 12721, to enter and inspect any a building or other premises subject to the control of of, or used by by, the licensee or permittee for any a purpose related to fireworks at any time for the purpose of enforcing the provisions of this part.

SEC. 4.

 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. 5.

 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. 6.

 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. 7.

 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. 8.

 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. 9.

 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. 10.

 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. 11.

 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 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. 12.

 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. 13.

 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. 14.

 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. 15.

 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 a person’s 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 expiration of the license expires. Any 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. 16.

 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. 17.

 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. 18.

 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. 19.

 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. 20.

 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 the applicant carries compensation insurance for his their employees as provided by the laws of this state.

SEC. 21.

 Section 12670 of the Health and Safety Code is amended to read:

12670.
 It is unlawful for any a person to advertise that he the person is in any a business or venture involving fireworks or pyrotechnic devices or shall to cause his the person’s name or business name style to be included in any a classified advertisement or directory under a classification which that includes the word fireworks, unless he the person is licensed pursuant to this part.

SEC. 22.

 Section 12673 of the Health and Safety Code is amended to read:

12673.
 It is unlawful for any a person to store any fireworks without having in his their possession a valid permit as required by this part.

SEC. 23.

 Section 12686 of the Health and Safety Code is amended to read:

12686.
 It is unlawful for any a person to use any special effects fireworks unless he the person possesses a pyrotechnic operator license.

SEC. 24.

 Section 12700 of the Health and Safety Code is amended to read:

12700.
 (a) Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) one thousand dollars ($1,000) or more than one thousand dollars ($1,000), five thousand dollars ($5,000), or by imprisonment in the a county jail for not exceeding one year, or by both that fine and imprisonment.
(b) A person who violates any provision of this part, or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:
(1) A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) one thousand dollars ($1,000) or more than one thousand dollars ($1,000), two thousand five hundred dollars ($2,500), or by imprisonment in the a county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than one thousand dollars ($1,000) two thousand five hundred dollars ($2,500) or more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year year, or by both that fine and imprisonment. Upon a third or subsequent conviction, a person shall be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(2) A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) two thousand five hundred dollars ($2,500) or more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(3) A person who possesses a gross weight, including packaging, of not less than 100 pounds or more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or a county jail for not more than one year, or by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(4) A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.
(c) Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.

SEC. 25.

 Section 12725 of the Health and Safety Code is amended to read:

12725.
 The State Fire Marshal, his the State Fire Marshal’s salaried deputies, or any chief or his the chief’s authorized representatives as qualified in this chapter may prevent, stop, or cause to be stopped, any a public display in progress, or any a proposed public display, when the location, discharge, or firing of such that public display is determined by him the State Fire Marshal, any chief, or deputy thereof to be hazardous to property or dangerous to the public.