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 Engrossed 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, 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.
(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 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.
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.