California Assembly Bill AB467 Amended / Bill

 BILL NUMBER: AB 467AMENDED BILL TEXT AMENDED IN SENATE JUNE 3, 2015 AMENDED IN ASSEMBLY APRIL 6, 2015 INTRODUCED BY Assembly Member Chang FEBRUARY 23, 2015 An act to amend Sections  12519 and 12520   12519, 12520, 12565, 12602, 12632, 12634, 12640, 12688, and 12722  of the Health and Safety Code, relating to explosives. LEGISLATIVE COUNSEL'S DIGEST AB 467, as amended, Chang. Pyrotechnic devices: model rockets. Existing law authorizes the State Fire Marshal to issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices. Existing law provides that a license shall not be required for the retail sale, use, or discharge of model rocket engines. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits the importation, sale, or offering for sale prior to the classification. Existing law requires all fireworks or toy propellant devices containing pyrotechnic compositions that the State Fire Marshal finds come within the definition of a "model rocket" or "model rocket engine" to be classified as model rocket engines. Existing law prohibits a person from launching a model rocket from a site without first securing authorization from the authority having jurisdiction. Existing law defines a model rocket as a toy or educational device that weighs not more than 500 grams, including the engine and any payload, that is propelled by a model rocket engine. Existing law defines a model rocket engine as a commercially manufactured, nonreusable rocket propulsion device that is constructed of nonmetallic casing and solid propellant, as provided. This bill would add to the definition of "model rocket" a requirement that it conform to the definition of "model rocket" as used in the 2013 edition of the "NFPA 1122: Code for Model  Rocketry"   Rocketry," or a more recent edition as adopted by the State Fire Marshal,  and would increase the maximum weight of a model rocket to not more than 1500 grams.  This   bill would change all references in statute to model rocket engines to instead refer to model rocket motors.  The bill would revise the definition of "model rocket  engine"   motor   "  to mean a rocket propulsion device using commercially manufactured solid propellant that does not require mixing by the user and that conforms to the definition of "model rocket  engine"   motor   "  as used in the 2012 edition of the "NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket  Motors."   Motors," or a more recent edition as adopted by the State Fire Marshal.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12519 of the Health and Safety Code is amended to read: 12519. "Model rocket" means a toy or educational device that weighs not more than 1500 grams, including the engine and any payload, that is propelled by a model rocket  engine,   motor,  and that conforms to the definition of "model rocket" in the 2013 edition of the "NFPA 1122: Code for Model  Rocketry."   Rocketry," or a more recent edition as adopted by the State Fire Marshal.  SEC. 2. Section 12520 of the Health and Safety Code is amended to read: 12520. "Model rocket  engine"   motor   "  means a rocket propulsion device using commercially manufactured solid propellant, that does not require mixing by the user, and that conforms to the definition of "model rocket  engine"  motor"  in the 2012 edition of the "NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket  Motors."   Motors," or a more recent edition as adopted by the State Fire Marshal.   SEC. 3.   Section 12565 of the   Health and Safety Code   is amended to read:  12565. All fireworks or toy propellent devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him  or her  to come within the definition of "model rocket" or "model rocket  engine"   motor   "  in Section 12519 or 12520, respectively, shall be classified as model rocket  engines.   motors.   SEC. 4.   Section 12602 of the   Health and Safety Code   is amended to read:  12602. A license shall not be required for the retail sale, use, or discharge of agricultural and wildlife fireworks, model rocket  engines,   motors,  or emergency signaling devices.  SEC. 5.   Section 12632 of the   Health and Safety Code   is amended to read:  12632. The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket  engines   motors  shall be established and collected by the State Fire Marshal.  SEC. 6.   Section 12634 of the   Health and Safety Code   is amended to read:  12634. When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate license for the same person to manufacture, wholesale, import, or export agricultural and wildlife fireworks or model rocket  engines   motors  pursuant to Section 12631 or 12632 shall not be required where the license allows  such   the  activity with respect to other fireworks.  SEC. 7.   Section 12640 of the   Health and Safety Code   is amended to read:  12640. In any case where this chapter requires that a permit be obtained from the State Fire Marshal, or in any case where the public agency having local jurisdiction requires pursuant to this chapter that a permit be obtained,  any   a  licensee shall possess a valid permit before performing any of the following: (a) Manufacturing, importing, exporting, storing, possessing, or selling dangerous fireworks at wholesale. (b) Manufacturing, importing, exporting, storing, selling at wholesale and retail safe and sane fireworks and transporting safe and sane fireworks, except that a transportation permit shall not be required for safe and sane fireworks possessed by retail licensees. (c) Manufacturing, importing, exporting, possessing, storing, transporting, using, selling at wholesale and retail, those fireworks classified by the State Fire Marshal as agricultural and wildlife fireworks. (d) Manufacturing, importing, exporting, possessing, storing, selling at wholesale and retail, model rocket  engines.   motors.  (e) Discharging dangerous fireworks at any place, including a public display. (f) Using special effects.  SEC. 8.   Section 12688 of the   Health and Safety Code   is amended to read:  12688. It is unlawful for  any   a person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket  engines,   motors,  unless he  or she  possesses a valid license or permit.  SEC. 9.   Section 12722 of the   Health and Safety Code   is amended to read:  12722. The following fireworks may be seized pursuant to Section 12721: (a) Those fireworks  which   that  are sold, offered for sale, possessed, stored, used, or transported within this state prior to having been examined, classified, and registered by the State Fire Marshal, except those specific items designated as samples pending examination, classification, and registration by the State Fire Marshal where the licensee provides documentary evidence that  such   the  action by the State Fire Marshal is pending. (b) All imported fireworks possessed without benefit of the filing of notices as required by this part. (c) Safe and sane fireworks stored in violation of the conditions required by the permit as provided in this part. (d) Safe and sane fireworks sold or offered for sale at retail  which   that  do not bear the State Fire Marshal label of registration and firing instructions. (e) Safe and sane fireworks sold or offered for sale at retail  which   that  are in unsealed packages or containers  which   that  do not bear the State Fire Marshal label of registration and firing instructions. (f) Safe and sane fireworks sold or offered for sale at retail before 12 noon on the 28th day of June or after 12 noon on the sixth day of July of each year. (g) Each safe and sane fireworks item sold or offered for sale at retail  which   that  does not have its fuse or other igniting device protected by a cap approved by the State Fire Marshal, or groups of fireworks with exposed fuses  which   that  are not enclosed in sealed packages  which   that  bear the State Fire Marshal label of registration. The State Fire Marshal shall approve  such   the  caps as he  or she  determines provide reasonable protection from unintentional ignition of the fireworks. (h) Dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by  any   a  person who does not possess a valid permit authorizing  any   an  activity listed in this part. (i)  Any fireworks   Fireworks stored or sold in  any   a  public garage or public oil station, or on any premises where gasoline or any other class 1 flammable liquids are stored or dispensed. (j)  Any fireworks   Fireworks  still possessed by a person who has just thrown any ignited fireworks at  any   a  person or group of persons. (k)  Any model   Model  rocket  engines   motors  or model rockets with  engines   motors  possessed by  any   a  person  not holding   who does not hold  a valid permit. (  l  )  Any emergency   An emergency  signaling device sold, offered for sale, or used  which   that  does not bear the State Fire Marshal label of registration as required by this part. (m)  Any fireworks   Fireworks  or pyrotechnic device offered for sale by  any   a  person violating  any provision of  this part.