GREEN SHEET REDIGEST
HB 532 2018 Regular Session Mack
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
FIRE PROTECT/FIRE MARSHAL: Provides relative to the regulation of fireworks
and pyrotechnics.
DIGEST
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.
Proposed law provides that illegal fireworks or aerial luminaries shall be subject to seizure
by the state fire marshal, his deputies, or any authorized law enforcement officer as
contraband and further subject to the forfeiture procedure for property seized in connection
with criminal proceedings (R.S. 15:41).
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.
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Prepared by Michelle Ridge. 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 one year 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.
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Prepared by Michelle Ridge. 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 five 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 five 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.
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Prepared by Michelle Ridge. 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)-(F))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the reengrossed bill
1. Deletes provisions relative to a court proceeding for property seized and provides
that seized property will follow the same forfeiture procedure as property seized
in connection with criminal proceedings (R.S. 15:41).
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Prepared by Michelle Ridge.