HLS 18RS-614 REENGROSSED 2018 Regular Session HOUSE BILL NO. 532 BY REPRESENTATIVE MACK FIRE PROTECT/FIRE MARSHAL: Provides relative to the regulation of fireworks and pyrotechnics 1 AN ACT 2To amend and reenact R.S. 51:650(introductory paragraph), (10), and (13), 651.1(D), 3 652(A) and (B), 655, and 656(A), (B), (C)(1)(f), and (E) and to enact R.S. 4 51:650(14) through (31) and 651.1(E) through (G), relative to the regulation of 5 fireworks; to provide for definitions; to provide relative to unlawful sales and use; 6 to provide for certain fireworks displays; to provide for licenses and permits; to 7 authorize the promulgation and adoption of administrative rules; to direct the 8 Louisiana State Law Institute to arrange in alphabetical order and renumber certain 9 definitions; and to provide for related matters. 10Be it enacted by the Legislature of Louisiana: 11 Section 1. R.S. 51:650(introductory paragraph), (10), and (13), 651.1(D), 652(A) and 12(B), 655, and 656(A), (B), (C)(1)(f), and (E) are hereby amended and reenacted and R.S. 1351:650(14) through (31) and 651.1(E) through (G) are hereby enacted to read as follows: 14 §650. Definitions 15 As used in this Part, the following terms shall have the meanings ascribed to 16 them in this Section unless the context clearly indicates otherwise: 17 * * * Page 1 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 (10) "Public display" means the display of 1.4S, 1.4G, or 1.3G fireworks, 2 including fireworks not listed as permissible in R.S. 51:651, used for any purpose 3 relating to the amusement of the general public. 4 * * * 5 (13) "Resident" means any person who has been domiciled in Louisiana for 6 a period of at least twelve months immediately preceding the date of application for 7 the permit and who has not claimed residence in any other state for any other 8 purpose "1.3G Fireworks" is a United States Department of Transportation 9 (hereinafter referred to in this Section as "DOT") classification indicating display 10 fireworks to be used by professionals in a public display. 11 (14) "1.4G Fireworks" mean consumer fireworks intended for use by the 12 general public. 13 (15) "Aerial luminary" means an airborne paper or membrane lantern 14 containing a small candle, or other device for fuel, that heats air from inside the 15 lantern causing the lantern to rise into the air and remain airborne until the candle or 16 other fuel device extinguishes or is caused to descend by environmental effects. 17 These items are commonly known as sky lanterns, Hawaii lanterns, Kongming 18 lanterns, Chinese lanterns, fire balloons, or flying luminaries. 19 (16) "Articles pyrotechnic" means a controlled pyrotechnic device intended 20 for professional use to create the effects of heat, gas, sound, dispersion of aerosols, 21 emission of visible electromagnetic radiation, or a combination of these effects that 22 may be similar to consumer fireworks in chemical composition and construction but 23 are not approved for consumer use. Such articles comply with the weight limits for 24 consumer fireworks, but are not labeled as such, and are classified by DOT in 49 25 CFR 172.101 as UN0431 or UN0432. 26 (17) "Class C Public Display" means the outdoor display of only 1.4G and 27 consumer fireworks for any purpose relating to the amusement of the general public 28 sanctioned or made by a public entity. Page 2 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 (18) "Consumer fireworks" are small fireworks usually sold at retail to 2 consumers during designated periods. These include a number of small devices 3 designed to produce audible effects, ground devices containing fifty milligrams (50 4 mg) or less of flash powder, and aerial devices containing one hundred thirty 5 milligrams (130 mg) or less of flash powder. The DOT classifies consumer 6 fireworks in 49 CFR 172.101 as UN0336 and UN0337. 7 (19)(a) "Display fireworks" are large fireworks used in commercial display 8 shows under the direct supervision of a licensed pyrotechnic operator. These 9 fireworks are designed primarily to produce visible or audible effects by combustion, 10 deflagration, or detonation. They include but are not limited to salutes containing 11 more than two grains (130 mg) of flash powder, aerial shells containing more than 12 forty grams of pyrotechnic compositions, and other display pieces which exceed the 13 limits of explosive materials for classification as consumer fireworks. They also 14 include fused set pieces containing components which together exceed fifty 15 milligrams (50 mg) of flash powder. Display fireworks are classified by DOT in 49 16 CFR 172.101 as UN0333, UN0334, or UN0335. 17 (b) As provided for in this Paragraph, aerial shells containing more than forty 18 grams of pyrotechnic compositions include any break charge and visible or audible 19 effect compositions, but are exclusive of lift charge. 20 (20) "Fire prevention officer" means a chief of a fire department, a sheriff, 21 a constable, another local enforcement officer primarily responsible for fire 22 prevention, or if there is no local fire authority, the state fire marshal or his designee. 23 (21) "Firework" and "pyrotechnic" mean a broad composition or device used 24 for the purpose of producing a visible or audible effect by combustion, explosion, 25 deflagration, or detonation, and which are further defined in three general categories: 26 "articles pyrotechnic", "consumer fireworks", and "display fireworks". The term 27 "firework" does not include blank cartridges, railroad flares, model rockets, or any 28 novelty or toy cap pistols, caps, toy canes, toy guns, or other devices in which paper 29 caps containing twenty-five hundredths (25/100) grains or less of explosive Page 3 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 compounds are used, provided they are so constructed that the hand cannot come in 2 contact with the cap when in place for exploding, and toy paper pistol caps which 3 contain less than twenty-five hundredths (25/100) grains of explosive compounds. 4 The provisions of this Paragraph shall not be construed to impose labeling 5 requirements for any fireworks or novelties other than those required as provided in 6 federal law. 7 (22) "Firm" means a sole proprietorship, partnership, corporation, limited 8 liability company, or any other entity. 9 (23) "Illegal firework" means a firework device assembled, manufactured, 10 distributed, or sold in violation of this Part. 11 (24) "IMS system" means the information management system operated and 12 maintained by the office of state fire marshal. 13 (25) "License" means the document issued by the office of state fire marshal 14 to a firm or person authorizing the firm or person to engage in the activities as 15 defined by this Part and administrative rules. 16 (26) "Licensee" means any person or firm issued a license by the office of 17 state fire marshal to engage in the activities as defined by this Part and administrative 18 rules. 19 (27) "Novelty" means a device containing small amounts of pyrotechnic or 20 explosive composition but does not fall under the category of consumer fireworks. 21 Such devices include but are not limited to snakes, tanks, poppers, and snappers that 22 produce limited visible or audible effects. 23 (28) "Office" means the office of state fire marshal. 24 (29) "Person" includes any firm, corporation, association, co-partnership, or 25 one or more individuals. 26 (30) "Public entity" includes but is not limited to the state, its agencies, 27 departments, offices and commissions, political subdivisions, municipalities, and 28 parishes. Page 4 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 (31) "Pyrotechnic operator" means a person licensed through the office of 2 state fire marshal who, by experience, training, and examination, has demonstrated 3 the necessary skill and ability for safely assembling, discharging, and supervising 4 public displays of Fireworks 1.3G or 1.4G. 5 * * * 6 §651.1. Possession, sale, or use of certain fireworks prohibited; penalties 7 * * * 8 D. It is unlawful for a person in this state to sell, offer for sale, distribute, 9 possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, 10 Hawaii lanterns, Kongming lanterns, Chinese lanterns, sky candles, fire balloons, or 11 flying luminaries. 12 E. The state fire marshal, his deputies, or any authorized police or peace 13 officer of this state shall seize as contraband any illegal fireworks or aerial 14 luminaries as defined in this Part. Fireworks or aerial luminaries seized in the 15 enforcement of this Part shall be held in custody of the sheriff in the parish where 16 such fireworks or aerial luminaries were seized. 17 F. The party surrendering the fireworks or aerial luminaries, if aggrieved by 18 the action, may file an appeal in writing to the district court in the parish where the 19 fireworks or aerial luminaries were seized. Upon hearing the appeal, the district 20 court may authorize the return of part or all of the confiscated fireworks or aerial 21 luminaries; otherwise, the court shall authorize and direct that such contraband 22 fireworks or aerial luminaries be destroyed. 23 G. Whoever violates this Section shall, upon conviction, be fined not more 24 than one thousand dollars or imprisoned, with or without hard labor, for not more 25 than two years, or both. Each violation of this Section constitutes a separate offense. 26 §652. Proper naming; certification on shipping cases; time for selling; exceptions; 27 sale and storage in homes prohibited 28 A. No permissible articles of consumer fireworks enumerated in R.S. 51:651 29 shall be sold, offered for sale, or used in the state of Louisiana, unless it shall be such Page 5 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 fireworks are properly named to conform to the nomenclature of R.S. 51:651 and 2 unless it is certified on all shipping cases and by imprinting on the article or retail 3 container "United States Department of Transportation UN 0336 UN0336, 1.4G, 4 1.4S, or consumer fireworks". Such imprint shall be of sufficient size and so 5 positioned as to be readily recognized by law enforcement authorities and the general 6 public. 7 B. Permissible items of fireworks, enumerated in R.S. 51:651, may be sold 8 at retail only from noon June sixteenth through midnight July fifth and noon 9 December fifteenth through midnight January first of each calendar year. only, 10 except that the term "fireworks" shall not include toy pistols, toy canes, toy guns, or 11 other devices in which paper caps containing twenty-five hundredths (25/100) grains 12 or less of explosive compounds are used, provided they are so constructed that the 13 hand cannot come in contact with the cap when in place for exploding, and toy paper 14 pistol caps which contain less than twenty-five hundredths (25/100) grains of 15 explosive compounds, and the sale and use of which shall be permitted at all times. 16 * * * 17 §655. Fireworks for public displays; permits; fee; Public displays; proximate 18 displays; Class C public displays; licenses; permits; fees; adoption of rules 19 and regulations 20 A.(1) Nothing in this Part shall be construed as applying to the shipping, 21 sale, possession, and use of fireworks for public displays by holders of a permit for 22 a public display to be conducted in accordance with the rules and regulations 23 promulgated by the state fire marshal. Fireworks which are to be used for public 24 display only and which are otherwise prohibited for retail sale and use within the 25 state shall include all items of fireworks designated by the regulations of the United 26 States Department of Transportation as class "UNO335, 1.3G Display Fireworks" 27 and shall consist of any items not enumerated and classified as permissible in R.S. 28 51:651. Fireworks that are to be used for public display only must at all times be 29 kept in the possession of those responsible and be stored in an appropriate storage Page 6 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 in accordance with the regulations of the National Fire Protection Association, 2 Pamphlet 44A, 1983, or any subsequent amended editions thereof that are adopted 3 by the state fire marshal. Fireworks that are to be used for public display must be 4 confined to that use only. 5 (2) Purchase, storage, and transportation of fireworks used for public display 6 shall be governed by R.S. 40:1472.1 et seq. Fireworks that are to be used for public 7 display shall, from the time of issuance of a permit by the fire marshal and upon 8 placement at the site of display, be appropriately stored in accordance with the 9 National Fire Protection Association, Pamphlet 44A, as adopted by the state fire 10 marshal. 11 B.(1) A person, firm, corporation, or other legal entity desiring a permit for 12 a public display may either apply to the office of state fire marshal or to a certified 13 local authority certified under the provisions of R.S. 40:1563, which application shall 14 be received by either the state fire marshal or the certified local authority at least five 15 days prior to the event. The application shall contain the following information in 16 the form of an affidavit sworn to and subscribed to before a notary public: 17 (a) The date, time, and place of the public display including the length of 18 time of the display. 19 (b) All fire prevention plans and provisions that will be in force and all fire 20 prevention personnel and equipment available to assure safety of the public attending 21 the public display. 22 (c) A copy of the permit issued by the office of state fire marshal to the 23 distributor who will be supplying or conducting the public display to assure the state 24 fire marshal or his certified local authority that the fireworks and the actual 25 presentation and conduct of the public display will not endanger the public safety. 26 (2) The fee for application for a permit for a public display shall be one 27 hundred dollars and shall be used to offset the cost of processing the permit request 28 and cover the expense of on-site inspections. Page 7 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 C. No person, firm, or corporation supplying fireworks for public display 2 shall ship, sell, possess, or use fireworks designed for public display unless the 3 supplier has obtained a distributor's permit as provided in R.S. 51:656. No person, 4 firm, or corporation holding a permit for a public display may obtain fireworks for 5 use in any public display from any person, firm, or corporation that has not obtained 6 a distributor's permit as provided in R.S. 51:656. 7 D. The state fire marshal is authorized to adopt and promulgate rules and 8 regulations in accordance with the Administrative Procedure Act to ensure that the 9 supplier of the fireworks and the holder of a public display permit will adequately 10 protect the public safety. 11 E.(1) Applicants for a pyrotechnic operator license or pyrotechnic special 12 effects operator license shall take a written examination and obtain a passing grade 13 of at least seventy percent. Persons holding a valid blaster's license, as described in 14 R.S. 40:1472.1 et seq., on September 30, 2003, may forego the written examination 15 by the demonstration of practical tests or documentation deemed necessary by the 16 state fire marshal to determine the applicant's knowledge and ability. The content, 17 type, frequency, and location of the examinations shall be set by the state fire 18 marshal. 19 (2) Applicants who fail may refile and take a reexamination. 20 (3) A licensee whose license has been expired for two years or more and 21 makes application for a new license must retake and pass the written examination. 22 (4) A license shall not be issued to any person if any of the following apply: 23 (a) The applicant is a convicted felon. 24 (b) The applicant fails to meet the requirements of Paragraph (1) of this 25 Subsection. 26 (c) The applicant has not assisted in conducting at least five permitted public 27 displays and has not served as lead operator on at least one permitted public display 28 in this state, under the direct supervision of and verified in writing by a pyrotechnic 29 operator or pyrotechnic special effects operator licensed in Louisiana. Page 8 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 (d) The applicant is under the age of twenty-one years. 2 (5) A conviction or a plea of guilty or nolo contendere shall not constitute 3 an automatic disqualification as otherwise required pursuant to Paragraph (4) of this 4 Subsection, if more than ten years has elapsed between the date of application and 5 the successful completion or service of any sentence, deferred adjudication, or period 6 of probation or parole, or Code of Criminal Procedure Article 893 or equivalent 7 judicial dismissal process granted. 8 (6) The pocket license document issued along with the regular license 9 document is for identification purposes only and must be carried by the licensee 10 when engaged in the business. 11 (7) The license shall be good for a period of one year from the date of issue. 12 (8) The cost of the license shall be fifty dollars for a new license and twenty- 13 five dollars for renewals. 14 A. A person or firm shall not make a public display, as defined by this Part, 15 without obtaining a pyrotechnic operator's license properly issued by the office of 16 state fire marshal. The pyrotechnic operator is responsible for safely storing, setting 17 up, and removing pyrotechnic materials and devices after a display and in 18 accordance with manufacturer standards. 19 B. A person or firm shall not make a proximate display, as defined by this 20 Part, without obtaining a pyrotechnic special effects operator's license properly 21 issued by the office of state fire marshal. 22 C.(1) Applicants for a pyrotechnic operator's license or pyrotechnic special 23 effects operator's license shall make application to the office of state fire marshal, 24 take a written examination, and obtain a passing grade of at least seventy percent. 25 Persons holding a valid blaster's license, as described in R.S. 40:1472.1 et seq., on 26 or before September 30, 2003, may forego the written examination by the 27 demonstration through practical tests or documentation deemed necessary by the 28 state fire marshal to determine the applicant's knowledge and ability. The content, Page 9 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 type, frequency, and location of the examinations shall be set by the state fire 2 marshal. 3 (2) Applicants who fail may reapply and take a reexamination. 4 (3) A licensee whose license has been expired for two years or more and who 5 makes application for a new license shall retake and pass the written examination to 6 receive a renewed license. 7 (4) A license shall not be issued to any person if any of the following apply: 8 (a) The applicant is a convicted felon. 9 (b) The applicant fails to meet the requirements of Paragraph (1) of this 10 Subsection. 11 (c)(i) The pyrotechnic operator applicant has not assisted in conducting at 12 least five permitted public displays and has not served as lead operator on at least 13 one permitted public display in this state, under the direct supervision of and verified 14 in writing by a pyrotechnic operator licensed in Louisiana. 15 (ii) The pyrotechnic special effects operator applicant has not assisted in 16 conducting at least five permitted proximate displays and has not served as lead 17 operator on at least one permitted proximate display in this state, under the direct 18 supervision of and verified in writing by a pyrotechnic special effects operator 19 licensed in Louisiana. 20 (d) The applicant is under the age of twenty-one years. 21 (5) A conviction or a plea of guilty or nolo contendere does not constitute 22 an automatic disqualification, as otherwise provided in Paragraph (4) of this 23 Subsection, if more than ten years have elapsed between the date of application and 24 the successful completion or service of any sentence, deferred adjudication, or period 25 of probation or parole, or Code of Criminal Procedure Article 893, or equivalent 26 judicial dismissal process granted. 27 (6) The pocket license document issued along with the regular license 28 document is for identification purposes only and shall be carried by the licensee 29 when engaged in the business. Page 10 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 (7) The license is valid for a period of one year from the date of issue. 2 (8) The cost of the license is fifty dollars for a new license and twenty-five 3 dollars for renewals. 4 D. A person or firm shall not make a Class C public display, as defined by 5 this Part, without obtaining a Class C pyrotechnic operator's license properly issued 6 by the office of state fire marshal. 7 (1) Applicants for a Class C pyrotechnic operator license shall receive 8 training and certification from the office of state fire marshal. 9 (2) A licensee whose license has been expired for three years or more and 10 who makes application for a new license shall receive training and recertification by 11 the office of state fire marshal. 12 (3) A license shall not be issued to any person if any of the following apply: 13 (a) The applicant fails to meet the requirements of Paragraph (1) of this 14 Subsection. 15 (b) The applicant is under the age of twenty-one years. 16 (4) The pocket license document issued along with the regular license 17 document is for identification purposes only and shall be carried by the licensee 18 when engaged in the business. 19 (5) The license is valid for a period of one year from the date of issue. 20 (6) The cost of the license is twenty-five dollars for a new license and fifteen 21 dollars for renewals. 22 E.(1) A person or firm shall not make or perform a public display, proximate 23 display, or Class C public display, as defined in this Part, without first obtaining a 24 permit from the office of state fire marshal. 25 (2) A person or firm desiring a permit for a public display or proximate 26 display may either apply to the office of state fire marshal or to a certified local 27 authority certified under the provisions of R.S. 40:1563, which application shall be 28 received by either the state fire marshal or the certified local authority at least five Page 11 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 days prior to the event. The application shall contain all of the following 2 information: 3 (a) The date, time, and place of the public display or proximate display 4 including the length of time of the display. 5 (b) All fire prevention plans and provisions that will be in force and all fire 6 prevention personnel and equipment available to assure safety of the public attending 7 the display. 8 (c) A copy of the permit issued by the office of state fire marshal to the 9 distributor who will be supplying or conducting the public display or proximate 10 display to assure the state fire marshal or his certified local authority that the 11 fireworks and the actual presentation and conduct of the public display or proximate 12 display will not endanger the public safety. 13 (3) A public entity desiring a permit for a Class C public display may apply 14 to the office of state fire marshal, which application shall be received by the state fire 15 marshal at least five days prior to the event. The application shall contain the 16 following information: 17 (a) The date, time, and place of the Class C public display including the 18 length of time of the display. 19 (b) All plans and provisions that will be in force to assure safety of the public 20 attending the public display. 21 (c) A copy of the training certification issued by the office of state fire 22 marshal to the person or firm who will be conducting the Class C public display to 23 assure the state fire marshal that the fireworks and the actual presentation and 24 conduct of the Class C public display will not endanger the public safety. 25 (4) The fee for application for a permit for a public display or proximate 26 display is one hundred dollars and shall be used to offset the cost of processing the 27 permit request and cover the expense of onsite inspections. The fee for the 28 application for a permit for a Class C public display is twenty-five dollars and shall Page 12 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 be used to offset the cost of processing the permit request and any necessary onsite 2 inspections. 3 F. A person or firm supplying fireworks for public display or proximate 4 display shall not ship, sell, possess, or use fireworks designed for public display or 5 proximate display unless the supplier has obtained a distributor's permit as provided 6 in R.S. 51:656. No person or firm holding a permit for a public display or proximate 7 display may obtain fireworks for use in any public display or proximate display from 8 any person or firm that has not obtained a distributor's permit as provided in R.S. 9 51:656. 10 G. The state fire marshal may promulgate and adopt rules and regulations in 11 accordance with the Administrative Procedure Act to ensure that the supplier of the 12 fireworks and the holder of a public display, proximate display, or Class C public 13 display permit will adequately protect the public safety. 14 H.(1) Fireworks that are to be used for public display or proximate display 15 only shall at all times be kept in the possession of those responsible and be stored in 16 an appropriate storage in accordance with the regulations of NFPA 1124 as published 17 by the National Fire Protection Association, or any subsequent amended editions 18 thereof that are adopted by the state fire marshal. Fireworks that are to be used for 19 public display shall be confined to that use only. 20 (2) Purchase, storage, and transportation of fireworks used for public display 21 or proximate display are governed by R.S. 40:1472.1 et seq. Fireworks that are to 22 be used for public display or proximate display shall, from the time of issuance of 23 a permit by the fire marshal and upon placement at the site of display, be 24 appropriately stored in accordance with NFPA 1124 as published by the National 25 Fire Protection Association, or any subsequent amended editions thereof that are 26 adopted by the state fire marshal. Page 13 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 §656. Permit to sell fireworks; application; fees; permit numbers 2 A. It shall be is unlawful to sell, construct, or manufacture any items of 3 fireworks without first obtaining a retail permit therefor to be properly issued by the 4 state fire marshal. 5 B.(1) Prior to engaging in the sale of fireworks, an applicant shall submit to 6 the state fire marshal an application on a form provided by the state fire marshal, or 7 electronically through the IMS system, on or before April June first of each year 8 setting forth any facts and information as the state fire marshal may determine 9 necessary and proper considering the requirements of public health, safety, and 10 welfare. Prior to obtaining and in order to maintain a permit, the facilities of the 11 permittee shall comply with the applicable provisions of the Life Safety Code and 12 subsequent referenced standards as adopted by the state fire marshal under the 13 requirements pursuant to the provisions of R.S. 40:1578.6. 14 (2) The retail permit shall be is effective for purchases of wholesale 15 fireworks, and the permit shall be such permit is effective from the date of issuance 16 through midnight December thirty-first of the applicable year. No A retailer's permit 17 shall not be issued pursuant to this Part from June sixteenth through July fifth nor 18 from December fifteenth through January first of each year. All other permits issued 19 pursuant to the provisions of this Section shall be are valid from the date issued 20 through midnight April first of the ensuing permit year. All applications filed after 21 April first shall will be assessed a late fee equal to the amount of the permit required 22 by this Section. 23 C.(1) The applicant shall pay a permit fee for each type of business 24 conducted and for each location at which the business is conducted, according to the 25 following schedule: 26 * * * Page 14 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 1 (f) Retailer $100.00 2 Resident $100.00 3 Nonresident $800.00 4 * * * 5 E. It shall be is unlawful for a jobber or retailer who holds a permit issued 6 under pursuant to the provisions of this Part to purchase fireworks from a distributor 7 domiciled outside the state of Louisiana unless that distributor can show proof that 8 he holds a valid permit issued under as provided in this Part to perform the functions 9 of a distributor and importer. If the distributor does not hold a valid permit, then the 10 jobber or retailer shall become is then liable for the permit and shall immediately 11 purchase a permit from the office of state fire marshal. 12 Section 2. This Act shall become effective upon signature by the governor or, if not 13signed by the governor, upon expiration of the time for bills to become law without signature 14by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 15vetoed by the governor and subsequently approved by the legislature, this Act shall become 16effective on the day following such approval. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 532 Reengrossed 2018 Regular Session Mack Abstract: Regulates with respect to fireworks and pyrotechnics, including regulations for licenses, permits, and fees. Present law provides certain definitions. Present law defines "public display". Proposed law modifies the present law definition. Present law defines "resident". Proposed law deletes the present law definition. Proposed law adds and defines the following terms: "1.3G Fireworks", "1.4G Fireworks", "air luminary", "articles pyrotechnic", "Class C Public Display", "consumer fireworks", "display fireworks", "fire prevention officer", "firework", "pyrotechnic", "firm", "illegal fireworks", "IMS system", "proximate display", "license", "licensee", "novelty", "office", "person", "public entity", and "pyrotechnic operator". Proposed law prohibits persons in this state from selling, offering for sale, distributing, possessing, igniting, or otherwise using aerial luminaries, commonly known as sky lanterns, Page 15 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 Hawaii lanterns, Knogming Lanterns, Chinese lanterns, sky candles, fire balloons, or flying luminaries. Authorizes the fire marshal and authorized police or peace officers to seize such aerial luminaries as contraband. Provides for seized contraband to be held in custody of the sheriff in the parish where such contraband was seized. Proposed law authorizes an aggrieved party to file an appeal to the district court in the parish where the contraband was seized. Authorizes the district court to return part or all of the confiscated contraband; otherwise, the court is required to have the contraband destroyed. Present law provides certain penalties for violations of present law. Proposed law adds to present law that each violation of present law and proposed law constitutes a separate offense. Present law provides that "fireworks" does not include toy pistols, toy canes, toy guns, or other devices that do not contain certain amounts of explosive compounds. Proposed law deletes present law. Proposed law prohibits a person or firm from making a public display without obtaining a pyrotechnic operator's license issued by the office of state fire marshal. Provides the pyrotechnic operator is responsible for safely storing, setting up, and removing pyrotechnic materials and devices after a display and in accordance with manufacturer standards. Proposed law prohibits a person or firm from making a proximate display without obtaining a pyrotechnic special effects operator's license from the office of state fire marshal. Proposed law requires applicants for a pyrotechnic operator's license or pyrotechnic special effects operator's license to make application to the office of state fire marshal. Requires the taking and passage of a written examination. Requires a passing grade of at least 70%. Proposed law provides that persons holding a valid blaster's license, as defined in present law, on or before Sept. 30, 2003, may forego the written examination by demonstration of practical tests or documentation deemed necessary by the fire marshal to determine the applicant's knowledge and ability. Proposed law requires the content, type, frequency, and location of examinations to be set by the fire marshal. Provides the following with respect to those seeking licensure: (1) Applicants who fail may reapply and take a reexamination. (2) Requires a licensee whose license has been expired for two years or more and who makes application for a new license to retake and pass the written examination to receive a renewed license. Proposed law provides a license will not be issued to any person if any of the following apply: (1)The applicant is a convicted felon. (2)The applicant fails to meet the requirements of proposed law. (3)The applicant for pyrotechnic operator licensure has not assisted in conducting at least five permitted public displays and has not served as lead operator on at least one permitted public display in the state of La. under the direct supervision of and verified in writing by a pyrotechnic operator licensed in this state. Page 16 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 (4)The applicant for pyrotechnic special effects operator licensure has not assisted in conducting at least five permitted proximate displays and has not served as lead operator on at least one permitted proximate display in the state of La. under the direct supervision of and verified in writing by a pyrotechnic special effects operator in this state. (5)The applicant is less than 21 years old. Proposed law provides that a conviction or a plea of guilty or nolo contendere does not constitute an automatic disqualification if more than 10 years have elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication, or period of probation or parole, or Code of Criminal Procedure or other judicial dismissal. Proposed law provides the pocket license document issued along with the regular license document is for identification purposes only. Requires the licensee to carry it when engaged in the business. Proposed law provides that a license is valid for a period of 1year from the date of issue. Proposed law provides the cost of a new license is $50 and $25 for renewals. Proposed law prohibits a person or firm from making a Class C public display without obtaining a Class C pyrotechnic operator's license from the office of state fire marshal. Requires applicants for a Class C pyrotechnic operator license to receive training and certification from the office of state fire marshal. Proposed law requires a licensee whose license has been expired for three years or more and who makes application for a new license to receive training and recertification by the office of state fire marshal. Proposed law provides a license will not be issued to any person if any of the following apply: (1) The applicant fails to meet the requirements of proposed law. (2) The applicant is less than 21 years old. Proposed law provides the cost of a new license is $25 and $15 for renewals. Proposed law prohibits a person or firm from making or performing a public display, proximate display, or Class C public display without first obtaining a permit from the office of state fire marshal. Authorizes a person or firm desiring a permit to either apply to the office of state fire marshal or to a certified local authority. Requires the application to be received by either the fire marshal or the certified local authority at least 5 days prior to the event. Proposed law requires the application to contain the following information: (1) The date, time, and place of the public display or proximate display including the length of time of the display. (2) All fire prevention plans and provisions that will be in force and all fire prevention personnel and equipment available to assure safety of the public attending the display. (3) A copy of the permit issued by the office of state fire marshal to the distributor who will be supplying or conducting the public display or proximate display to assure the state fire Page 17 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 marshal or his certified local authority that the fireworks, actual presentation, and conduct of the public display or proximate display will not endanger the public safety. Proposed law provides for a public entity desiring a permit for a Class C public display to apply to the office of state fire marshal. Requires the application to be received by the state fire marshal at least 5 days prior to the event. Provides for the application to contain all of the following information: (1)The date, time, and place of the Class C public display including the length of time of the display. (2)All plans and provisions that will be in force to assure safety of the public attending the public display. (3)A copy of the training certification issued by the office of state fire marshal to the person or firm who will be conducting the Class C public display to assure certain information relative to the public safety. Proposed law provides an application fee for a permit for a public display or proximate display. Provides the fee is $100. Requires the fee to be used to offset the cost of processing the permit request and the expense of onsite inspections. Proposed law provides the application fee for a permit for a Class C public display is $25. Requires the fee to be used to offset the cost of processing the permit request and any necessary onsite inspections. Proposed law prohibits a person or firm supplying fireworks for public display or proximate display from shipping, selling, possessing, or using fireworks designed for public display or proximate display unless the supplier has obtained a distributor's permit. Proposed law prohibits a person or firm holding a permit for a public or proximate display from obtaining fireworks for use in any public or proximate display from any person or firm that has not obtained a distributor's permit. Proposed law authorizes the state fire marshal to adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act to ensure that the supplier of the fireworks and the holder of a public display, proximate display, or Class C public display permit will adequately protect the public safety. Proposed law requires fireworks to be used for public or proximate display only to at all times be kept in the possession of those responsible and be appropriately stored in accordance with certain law of the National Fire Protection Association. Proposed law provides regulations regarding the purchase, storage, and transportation of fireworks used for public display or proximate display are governed by certain provisions in present law. Requires fireworks to be used for public or proximate display to be appropriately stored and displayed in accordance with certain law of the National Fire Protection Association. Proposed law authorizes applicants for the sale of fireworks to apply electronically through the IMS system as defined in proposed law. Present law provides certain dates for the sale of fireworks. Proposed law modifies such dates for when fireworks may be sold. Present law authorizes a retailer permit. Provides a fee of $100 for residents and $800 for nonresidents. Page 18 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 18RS-614 REENGROSSED HB NO. 532 Proposed law deletes the resident and nonresident designations and fees in present law. Adds the permit fee is $100 for all applicants. (Amends R.S. 51:650(intro. para.), (10), and (13), 651.1(D), 652(A) and (B), 655, and 656(A)-(C)(1), (f), and (E); Adds R.S. 51:650(14)-(31) and 651.1(E)-(G)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Commerce to the original bill: 1. Make technical changes. Page 19 of 19 CODING: Words in struck through type are deletions from existing law; words underscored are additions.