EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 81
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
0805S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 49.266, 253.195, 320.106, 320.111, 320.116, 320.121, 320.126, 320.131,
320.141, 320.151, 320.371, and 568.070, RSMo, and to enact in lieu thereof fourteen
new sections relating to fireworks protections, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 49.266, 253.195, 320. 106, 320.111, 1
320.116, 320.121, 320.126, 320.131, 320.141, 320.151, 320.371, 2
and 568.070, RSMo, are repealed and fourteen new sections 3
enacted in lieu thereof, to be known as sections 49.266, 4
253.195, 320.106, 320.111, 320.116, 320.121, 320.126, 320.127, 5
320.131, 320.141, 320.147, 320.151, 320.371, and 568.070, to 6
read as follows:7
49.266. 1. The county commission in all counties of 1
the first, second, third, or fourth classification may by 2
order or ordinance promulgate reasonable regulations 3
concerning the use of county property, the hours, 4
conditions, methods and manner of such use and the 5
regulation of pedestrian and vehicular traffic and parking 6
thereon. 7
2. Violation of any regulation so adopted under 8
subsection 1 of this section is an infraction. 9
3. Upon a determination by the state fire marshal that 10
a burn ban order is appropriate for a county because: 11 SB 81 2
(1) An actual or impending occurrence of a natural 12
disaster of major proportions within the county jeopardizes 13
the safety and welfare of the inhabitants of such county; and 14
(2) The U.S. Drought Monitor has designated the county 15
as an area of severe, extreme, or exceptional drought, the 16
county commission may adopt an order or ordinance issuing a 17
burn ban, which may carry a penalty of up to a class A 18
misdemeanor. State agencies responsible for fire management 19
or suppression activities and persons conducting 20
agricultural burning using best management practices shall 21
not be subject to the provisions of this subsec tion. The 22
ability of an individual, organization, or corporation to 23
sell fireworks shall not be affected by the issuance of a 24
burn ban. The county burn ban may prohibit the explosion or 25
ignition of any missile or skyrocket as the terms "missile" 26
and "skyrocket" are defined by the [2012] 2022 edition of 27
the American Fireworks Standards Laboratory (AFSL), but 28
shall not ban the explosion or ignition of any other 29
consumer fireworks as the term "consumer fireworks" is 30
defined under section 320.106. 31
4. The regulations so adopted shall be codified, 32
printed and made available for public use and adequate signs 33
concerning smoking, traffic and parking regulations shall be 34
posted. 35
253.195. Fireworks, as defined in section [320.110] 1
320.106, of any type are prohibited within the boundaries of 2
any state park except upon the written permission granted by 3
the department of natural resources. 4
320.106. As used in sections 320.106 to 320.161, 1
unless clearly indicat ed otherwise, the following terms mean: 2
(1) "American Pyrotechnics Association (APA), Standard 3
87-1", a voluntary standard, or subsequent standard [which] 4 SB 81 3
that may amend or supersede this standard for manufacturers, 5
importers, and distributors of fireworks, in which fireworks 6
classifications are assigned based upon the weight and type 7
of chemical composition contained for each specific type of 8
device including, but not limited to, specific permissible 9
and restricted chemicals. Such standard shall be construed 10
to include the following APA standards: 11
(a) APA 87-1A Standard for Construction, 12
Classification, Approval, and Transportation of Consumer 13
Fireworks; 14
(b) APA 87-1B Standard for the Construction, 15
Classification, Approval, and Transportation of Display 16
Fireworks; and 17
(c) APA 87-1C Standard for the Construction, 18
Classification, Approval, and Transportation of 19
Entertainment and Technical Pyrotechnics; 20
As used in this chapter, the current editions of APA 87 -1 21
are controlling. Any future editions or amendments to 22
future editions adopted related to standards contained in 23
APA 87-1 by the American Pyrotechnics Association shall only 24
be in effect upon formal review of the fire marshal's office 25
and promulgation of rules un der their rulemaking authority 26
as set out in this chapter and chapter 536 ; 27
(2) "Annual retailer", any person engaged in the 28
business of making sales of consumer fireworks at wholesale 29
or retail within the state of Missouri during a calendar 30
year from the first day of January through the thirty -first 31
day of December; 32
(3) "Articles pyrotechnic", devices containing 33
compositions, which produce a visual and audible effect 34
primarily used in the entertainment and technical 35 SB 81 4
training/development industries, that comply with the limits 36
and requirements of APA Standard 87 -1C and that may not be 37
offered for sale to the general public; 38
(4) "Chemical composition", all pyrotechnic and 39
explosive composition formulations contained in fireworks 40
devices as defined in American Pyrotechnics Association 41
(APA), Standard 87-1; 42
[(3)] (5) "Consumer fireworks", explosive and 43
pyrotechnic devices designed for sale and use by the general 44
public that conform with requirements set forth by the 45
United States Consumer Product Safety Commission (CPSC) and 46
designed primarily to produce visible or audible effects by 47
combustion [and includes] including, but not limited to, 48
aerial devices [and], ground devices, [all of which are 49
classified as fireworks, U NO336, within 49 CFR Part 172 ] 50
fuses, and novelties in compliance with APA Standard 87 -1A; 51
[(4)] (6) "Discharge site", the area immediately 52
surrounding the fireworks mortars used for an outdoor 53
fireworks display; 54
[(5)] (7) "Dispenser", a device designed for the 55
measurement and delivery of liquids as fuel; 56
(8) "Display before a proximate audience", the 57
discharge or use of fireworks or special effects before a 58
proximate audience or in any indoor setting, in accordance 59
with the guidelines established by NFPA 1126: Code Standard 60
for the Use of Pyrotechnics Before a Proximate Audience; 61
[(6)] (9) "Display fireworks", [explosive] devices 62
[designed primarily to produce visible or audible effects by 63
combustion, deflagration or detona tion. This term includes 64
devices containing more than two grains (130 mg) of 65
explosive composition intended for public display. These 66
devices are classified as fireworks, UN0333 or UN0334 or 67 SB 81 5
UNO335, within 49 CFR Part 172 ] containing chemical 68
compositions that are intended for use in professional 69
firework shows, designed to produce visible or audible 70
effects, and comply with the limits and requirements of APA 71
Standard 87-1B; 72
[(7)] (10) "Display site", the immediate area where a 73
fireworks display is conducted, including the discharge 74
site, the fallout area, and the required separation distance 75
from mortars to spectator viewing areas, but not spectator 76
viewing areas or vehicle parking areas; 77
[(8)] (11) "Distributor", any person engage d in the 78
business of selling fireworks to wholesalers, [jobbers] 79
annual retailers, seasonal retailers, other persons, or 80
governmental bodies that possess the necessary permits as 81
specified in sections 320.106 to 320.161 [, including any 82
person that imports any fireworks of any kind in any manner 83
into the state of Missouri ]; 84
[(9)] (12) "Fireworks", any composition or device for 85
producing a visible[, audible, or both visible and ] or an 86
audible effect for entertainment purposes by combustion, 87
deflagration, or detonation and that meets the definition of 88
consumer[, proximate,] fireworks, articles pyrotechnic, or 89
display fireworks as set forth [by 49 CFR Part 171 to end, 90
United States Department of Transportation hazardous 91
materials regulations ] in this section; 92
[(10)] (13) "Fireworks season", the period beginning 93
on the twentieth day of June and continuing through the 94
tenth day of July of the same year and the period beginning 95
on the twentieth day of December and continuing through the 96
second day of January of the next year, which shall be the 97
only periods of time that seasonal retailers may be 98
permitted to sell consumer fireworks; 99 SB 81 6
[(11) "Jobber", any person engaged in the business of 100
making sales of consumer fireworks at wholes ale or retail 101
within the state of Missouri to nonlicensed buyers for use 102
and distribution outside the state of Missouri during a 103
calendar year from the first day of January through the 104
thirty-first day of December; ] 105
(14) "Flame effect", the combu stion of solids, 106
liquids, or gases using atmospheric oxygen to produce 107
thermal, physical, visual, or audible phenomena before an 108
audience; 109
(15) "Flame effect operator", the single individual 110
with overall responsibility for flame effect operations and 111
safety who has met additional requirements established by 112
promulgated rules and has successfully completed a proximate - 113
audience training course recognized and approved by the 114
state fire marshal; 115
[(12)] (16) "Licensed display operator", any person 116
who supervises, manages, or directs the discharge of outdoor 117
display fireworks or articles pyrotechnic , either by manual 118
or electrical means; who has met additional requirements 119
established by promulgated rule and has successfully 120
completed a display fireworks training course recognized and 121
approved by the state fire marshal; 122
(17) "Licensed pyrotechnic effects operator", an 123
individual who has responsibility for pyrotechnic safety and 124
who controls, initiates, or otherwise creates special 125
effects or uses fireworks or pyrotechnic material before a 126
proximate audience or in any indoor setting and who has met 127
additional requirements established by promulgated rules and 128
has successfully completed a proximate audience training 129
course recognized and approved by the state fire marshal; 130 SB 81 7
[(13)] (18) "Manufacturer", any person engaged in the 131
making, manufacture, assembly , altering, or construction of 132
fireworks of any kind within the state of Missouri for the 133
purpose of selling or distribu ting; 134
[(14)] (19) "NFPA", National Fire Protection 135
Association, an international codes and standards 136
organization; 137
As used in chapter 320, the current editions of NFPA 1123, 138
NFPA 1124, and NFPA 1126 are controlling. Any future 139
editions or amendments to future editions adopted related to 140
standards contained in NFPA 1123, NFPA 1124, or NFPA 1126 by 141
the National Fire Protection Association shall only be in 142
effect upon formal review of the fire marshal's office and 143
promulgation of rules under the ir rulemaking authority as 144
set out in this chapter and chapter 536; 145
(20) "Outdoor fireworks display", a presentation of 146
fireworks before a public audience in accordance with the 147
guidelines established by NFPA 1123: Code for Fireworks 148
Display; 149
[(15)] (21) "Permanent structure", buildings and 150
structures with permanent foundations other than tents, 151
mobile homes, stands, and trailers; 152
[(16)] (22) "Permit", the written authority of the 153
state fire marshal issued pursuant to sections 320.1 06 to 154
320.161 to sell, possess, manufacture, discharge, or 155
distribute fireworks; 156
[(17)] (23) "Person", any corporation, association, 157
partnership or individual or group thereof; 158
[(18) "Proximate fireworks", a chemical mixture used 159
in the entertainment industry to produce visible or audible 160 SB 81 8
effects by combustion, deflagration, or detonation, as 161
classified within 49 CFR Part 172 as UN0431 or UN0432; 162
(19) "Pyrotechnic operator" or "special effects 163
operator", an individual who has respon sibility for 164
pyrotechnic safety and who controls, initiates, or otherwise 165
creates special effects for proximate fireworks and who has 166
met additional requirements established by promulgated rules 167
and has successfully completed a proximate fireworks 168
training course recognized and approved by the state fire 169
marshal;] 170
(24) "Proximate audience", an audience closer to 171
pyrotechnic devices than permitted by NFPA 1123: Code for 172
Fireworks Display; 173
[(20)] (25) "Sale", an exchange of articles of 174
fireworks for money, including barter, exchange, [gift] or 175
offer thereof, and each such transaction made by any person, 176
whether as a principal proprietor, salesman, agent, 177
association, copartnership or one or more individuals; 178
[(21)] (26) "Seasonal retailer", any person within the 179
state of Missouri engaged in the business of making sales of 180
consumer fireworks in Missouri only during a fireworks 181
season [as defined by subdivision (10) of this section ]; 182
(27) "Substantial damage", damage of any origin 183
sustained by a structure whereby the cost of restoring the 184
structure to its before -damaged condition would equal or 185
exceed fifty percent of the market value of the structure 186
before the damage occurred; 187
(28) "Substantial improvement", any r epair, 188
reconstruction, rehabilitation, alteration, addition, or 189
other improvement of a building or structure, the cost of 190
which equals or exceeds fifty percent of the market value of 191
the structure before the improvement or repair is started. 192 SB 81 9
If the structure has substantial damage, any repairs are 193
considered improvement regardless of the actual repair work 194
performed. The term shall not include either of the 195
following: 196
(a) Any project for improvement of a building required 197
to correct existing health, sanitary, or safety code 198
violations identified by the building official and that are 199
the minimum necessary to ensure safe living conditions; or 200
(b) Any alteration of a historic structure, provided 201
that the alteration will not preclude th e structure's 202
continued designation as a historic structure; 203
[(22)] (29) "Wholesaler", any person engaged in the 204
business of making sales of consumer fireworks to any other 205
person engaged in the business of making sales of consumer 206
fireworks at retail within the state of Missouri. 207
320.111. 1. It is unlawful for any person to 1
manufacture, sell, offer for sale, ship or cause to be 2
shipped into or within the state of Missouri except as 3
herein provided any item of fireworks, wi thout first having 4
secured the required applicable permit as a manufacturer, 5
distributor, wholesaler, [jobber] annual retailer, or 6
seasonal retailer from the state fire marshal and applicable 7
federal permit or license. Possession of said permit is a 8
condition precedent to manufacturing, selling or offering 9
for sale, shipping or causing to be shipped any fireworks 10
into the state of Missouri, except as herein provided. This 11
provision applies to nonresidents as well as residents of 12
the state of Missouri. 13
2. The state fire marshal has the authority and is 14
authorized and directed to issue permits for the sale of 15
fireworks. No permit shall be issued to a person under the 16
age of eighteen years. All permits except for seasonal 17 SB 81 10
retailers shall be for the calendar year or any fraction 18
thereof and shall expire on the thirty -first day of December 19
of each year. 20
3. Permits issued must be displayed in the permit 21
holder's place of business. No permit provided for herein 22
shall be transferable nor shall a person operate under a 23
permit issued to another person or under a permit issued for 24
another location. Manufacturer, wholesaler, [jobber] annual 25
retailer, and distributor permit holders operating out of 26
multiple locations shall obtain a pe rmit for each location. 27
4. Failure to make application for a permit by May 28
thirty-first of the calendar year may result in the fire 29
marshal's refusal to issue a [license] permit to the 30
[licensee] permitee or applicant for such calendar year. 31
5. Any false statement or declaration made on a permit 32
application may result in the state fire marshal's refusal 33
to issue such permit to the requesting person for a period 34
of time not to exceed three years. 35
6. The state fire marshal is authorize d [and directed 36
to charge the following ] to assess permit and licensing fees 37
for permits and licenses: 38
(1) Manufacturer, a fee of [seven hundred seventy - 39
five] one thousand dollars per calendar year; 40
(2) Distributor, a fee of [seven hundred seventy-five] 41
one thousand dollars per calendar year; 42
(3) Wholesaler, a fee of [two hundred seventy-five] 43
fire hundred dollars per calendar year; 44
(4) [Jobber] Annual retailer, a fee of [five] seven 45
hundred [twenty-five] fifty dollars per calendar year per 46
sales location; 47
(5) Seasonal retailer, a fee of [fifty] one hundred 48
dollars per calendar year per sales location; 49 SB 81 11
(6) [Display] Outdoor fireworks display permit, a fee 50
of one hundred dollars per calendar year per location; 51
(7) [Proximate fireworks display permit ] Display 52
before proximate audience , a fee of one hundred dollars per 53
calendar year per location; 54
(8) [Licensed] Display operator license, a fee of one 55
hundred dollars for a three -year license; 56
(9) Pyrotechnic effects operator license, a fee of one 57
hundred dollars for a three -year license. 58
7. A holder of a manufacturer's permit shall not be 59
required to have any additional permits in order to sell to 60
distributors, wholesalers, [jobbers] annual retailers or 61
seasonal retailers, or to sell display, or [proximate 62
fireworks] articles pyrotechnic . 63
8. A holder of a distributor's permit shall not be 64
required to have any additional permits in order to sell to 65
wholesalers, [jobbers] annual retailers, seasonal retailers 66
or to sell display fireworks, or [proximate fireworks] 67
articles pyrotechnic . 68
9. A holder of [a jobber's] an annual retailer permit 69
shall not be required to have any additional permit in order 70
to sell consumer fireworks at retail during the fireworks 71
season from such [jobber's] annual retailer's permanent 72
structure. 73
10. (1) All fees collected for permits issued 74
pursuant to this section shall be deposited [to the credit 75
of the fire education fund created pursuant to section 76
320.094] as follows: 77
(a) Eighty percent into the fire education fund 78
created under section 320.094; and 79 SB 81 12
(b) Twenty percent into the cigarette fire safety 80
standard and firefighter protection act fund created under 81
section 320.371. 82
(2) Any person engaged in more than one permit 83
classification shall pay one permit fee based upon the 84
permit classification yielding the highest amount of revenue. 85
11. The state fire marshal is charged with the 86
enforcement of the provisio ns of sections 320.106 to 320.161 87
and may call upon any state, county or city peace officer 88
for assistance in the enforcement of the provisions of 89
sections 320.106 to 320.161. The state fire marshal may 90
promulgate rules pursuant to the requirements of this 91
section and chapter 536 necessary to carry out his or her 92
responsibilities under this act including rules requiring 93
training, examination, and licensing of licensed display 94
operators and pyrotechnic effects operators engaging in or 95
responsible for the handling and use of display fireworks 96
and [proximate fireworks] articles pyrotechnic . The test 97
shall incorporate the rules of the state fire marshal, which 98
shall be based upon nationally recognized standards. No 99
rule or portion of a rule promu lgated pursuant to this 100
chapter shall become effective unless it has been 101
promulgated pursuant to the provisions of chapter 536. 102
12. The state fire marshal, upon notification by the 103
department of revenue, may withhold permits from applicants 104
upon evidence that all state sales taxes for the preceding 105
year or years have not been paid; except, this subsection 106
shall not apply if an applicant is pursuing any proper 107
remedy at law challenging the amount, collection, or 108
assessment of any sales tax. 109
13. A holder of a distributor, wholesaler, or 110
[jobber's] annual retailer's permit shall be required to 111 SB 81 13
operate out of a permanent structure in compliance with all 112
applicable building and fire regulations in the city or 113
county in which said person i s operating a fireworks 114
business. Seasonal retail permit locations shall be in 115
compliance with all applicable building and fire 116
regulations. The applicant may be subject to a fire safety 117
inspection by the state fire marshal based upon promulgated 118
rules and regulations adopted by the state fire marshal. 119
14. It is unlawful for any manufacturer, distributor, 120
wholesaler, or [jobber] annual retailer to sell consumer 121
fireworks to a seasonal retailer who has not acquired an 122
appropriate permit from the state fire marshal for the 123
current permit period. A seasonal retailer shall acquire 124
and present the appropriate permit from the state fire 125
marshal before any manufacturer, distributor, wholesaler or 126
[jobber] annual retailer is allowed to sell cons umer 127
fireworks to such seasonal retailer, provided that such 128
seasonal retailer is purchasing the consumer fireworks for 129
resale in this state. 130
15. The state fire marshal and the marshal's deputies 131
may conduct inspections of any premises and all po rtions of 132
buildings where fireworks are stored, manufactured, kept or 133
being offered for sale. All persons selling, offering for 134
sale, barter, gift, exchange, or offer thereof any fireworks 135
shall cooperate fully with the state fire marshal and the 136
marshal's deputies during any such inspection. This 137
inspection shall be performed during normal business hours. 138
16. In addition to any other penalty, any person who 139
manufactures, sells, offers for sale, ships or causes to be 140
shipped into or caused t o be shipped into the state of 141
Missouri, for use in Missouri, any items of fireworks 142
without first having the required applicable permit shall be 143 SB 81 14
assessed a civil penalty of up to a one thousand dollar fine 144
for each day of operation up to a maximum of ten thousand 145
dollars. 146
320.116. 1. The state fire marshal may revoke any 1
permit or license issued pursuant to sections 320.106 to 2
320.161 upon evidence that the holder has willfully violated 3
any of the provisions of sections 320.106 to 320.161. If a 4
holder of a permit has multiple permitted locations, any 5
suspension or revocation shall only apply to the permitted 6
location where the violation resulting in suspension or 7
revocation occurred. 8
2. The state fire marshal may refu se to issue a 9
license or permit to any applicant when the permit or 10
license of the individual, corporation, or partner is under 11
suspension or revocation. The state fire marshal may refuse 12
to issue a license or permit to a person who is a partner, 13
shareholder, manager, officer, spouse, or relative of the 14
applicant or a party to the applicant. 15
3. The state fire marshal, in his or her discretion, 16
may refuse to issue a permit, for a period not to exceed 17
three years, to a person whose permit has b een revoked for 18
the possession or sale of illegal fireworks, as referred to 19
in section 320.136. 20
[3.] 4. The state fire marshal, the marshal's 21
deputies, the marshal's designees or any authorized police 22
or peace officer shall seize as contraband an y illegal 23
fireworks as defined pursuant to sections 320.106 to 24
320.161. Such illegal fireworks seized in the enforcement 25
of sections 320.106 to 320.161 shall be held in custody of 26
the state fire marshal in proper storage facilities. The 27
person surrendering the fireworks may bring an in rem 28
proceeding in the circuit court of the county where the 29 SB 81 15
fireworks were seized. Upon hearing, the circuit court may 30
authorize the return of all or part of the confiscated 31
fireworks or the court may authorize an d direct that such 32
contraband fireworks be destroyed. If a proceeding is not 33
brought within thirty days, the fireworks shall be destroyed 34
by the state fire marshal. The state fire marshal shall 35
seize, take, remove or cause to be removed, at the expen se 36
of the owner, all stocks of fireworks offered or exposed for 37
sale, stored or held in violation of the provisions of 38
sections 320.106 to 320.161. All costs, including any 39
expenses incurred with the seizure, shall be the 40
responsibility of the adjudi cated party if case disposition 41
is in the favor of the state fire marshal. 42
[4.] 5. Any person aggrieved by any official action of 43
the state fire marshal affecting their permit status 44
including revocation, suspension, failure to renew a permit, 45
or refusal to grant a permit may seek a determination 46
thereon by the administrative hearing commission pursuant to 47
the provisions of section 621.045. 48
320.121. 1. The provisions of sections 320.106 to 1
320.161 shall not be construed to abrogate or in any way 2
affect the powers of the following political subdivisions to 3
regulate or prohibit fireworks within its corporate limits: 4
(1) Any city, town, or village in this state; or 5
(2) Any county operating under a charter form of 6
government. 7
2. It is unlawful for any manufacturer, distributor, 8
wholesaler, [jobber]annual retailer, or seasonal retailer to 9
sell or ship by common carrier fireworks to consumers within 10
the corporate limits of the following political subdivision s 11
which prohibit the sale or possession of fireworks: 12
(1) Any city, town, or village in this state; or 13 SB 81 16
(2) Any county operating under a charter form of 14
government. 15
320.126. 1. Any person, entity, partnership, 1
corporation, or association transporting display fireworks 2
or [proximate fireworks] articles pyrotechnic or display 3
fireworks and [proximate fireworks]articles pyrotechnic into 4
the state of Missouri for the purpose of resale [or to 5
conduct a display] shall be permitted by the state fire 6
marshal as a distributor or manufacturer and have obtained 7
any applicable federal license or permit. 8
2. [Sale of display or proximate fireworks shall be 9
limited to a holder of a federal license or permit and a 10
distributor or manufacturer permit issued by the state fire 11
marshal] Only holders of a state issued manufacturer or 12
distributor permit shall be allowed to sell display 13
fireworks and articles pyrotechnic within the state of 14
Missouri. A permitted manufacturer or d istributor may sell 15
display fireworks and articles pyrotechnic only to those 16
persons who maintain either a state issued manufacturer or 17
distributor permit or a valid state issued display operator 18
license or pyrotechnic effect operator license. For the 19
sale of display fireworks, proof of any required federal 20
license or permit shall be required prior to finalizing any 21
sell or transfer. 22
3. Possession of display [or proximate fireworks for 23
resale to holders of a permit for display or proximate ] 24
fireworks or articles pyrotechnic shall be confined to 25
holders of a state manufacturer or distributor permit [and 26
applicable federal license or permit ] or holders or either a 27
valid state issued display operator license or pyrotechnic 28
effect operator license. For possession of display 29 SB 81 17
fireworks, proof of any required federal license or permit 30
shall be maintained by the possessor . 31
4. [Permits for display or proximate fireworks may be 32
granted to municipalities, fair associations, amusement 33
parks, organizations, persons, firms or corporations. Such 34
permits may be granted upon application and approval by the 35
state fire marshal or local fire service authorities of the 36
community where the display is proposed to be held. All 37
applications submitt ed for display or proximate fireworks 38
permits must be submitted to the office of the state fire 39
marshal a minimum of ten working days prior to the date of 40
the event. The application shall be made on a form provided 41
or approved by the state fire marsha l. Every such display 42
shall be supervised, managed, or directed by a Missouri 43
licensed operator, or pyrotechnic operator on site pursuant 44
to subdivisions (11) and (18) of section 320.106 and shall 45
be located, discharged, or fired so as in the opinion of the 46
permitting authority, after proper inspection based on the 47
most current edition of the National Fire Protection 48
Association standards, NFPA 1123, 1124, and 1126, to not be 49
hazardous to any person or property. After a permit has 50
been granted, the sale, possession, use and distribution of 51
fireworks for such display shall be lawful for that purpose 52
only. A copy of all permits issued for display or proximate 53
fireworks shall be forwarded by the permit holder to the 54
state fire marshal's office. No permit granted hereunder 55
shall be transferable and shall apply to only one location. 56
No holder of a manufacturer or distributor permit shall 57
sell, barter, or transfer display or proximate fireworks to 58
anyone not possessing an applicable permit or license. 59
5. Possession of display or proximate fireworks shall 60
be limited to a holder of a display or proximate fireworks 61 SB 81 18
permit issued by the authority having jurisdiction where the 62
display or proximate fireworks is proposed to be held or the 63
state fire marshal or holder of a state manufacturer or 64
distributor permit and applicable federal license or permit. 65
6. Before issuing any permit for a display or 66
proximate fireworks, the municipality, fair association, 67
amusement park, organization, firm, persons, or corporation 68
making application therefor shall furnish proof of financial 69
responsibility in an amount established by promulgated rule 70
to the permitting authority in order to satisfy claims for 71
damages to property or personal injuries arising out of any 72
act or omission on the part of such person, firm or 73
corporation or any agent or employee thereof. 74
7. Any establishment where proximate fireworks are to 75
be discharged shall be inspected by the state fire marshal 76
or local fire department having jurisdiction for compliance 77
with NFPA 101 Life Safety Code or equivalent nationally 78
recognized code in relation to means of egress, occupancy 79
load, and automatic sprinkler and fire alarm systems. All 80
permits issued will be forwarded to the state fire marshal 81
by the permit holder. Permits will be issued in the same 82
manner as those required in this section ] This section shall 83
not be construed to prohibit a holder of a manufacturer or 84
distributor permit from transporting or selling di splay 85
fireworks or articles pyrotechnic to persons who are not 86
residents of this state . 87
320.127. 1. Permits for outdoor fireworks displays or 1
displays before a proximate audience may be granted to 2
municipalities, fair associations, amusement parks, 3
organizations, persons, firms, or corporations. Such 4
permits may be granted upon application and approval by the 5
state fire marshal or local fire service authorities of the 6 SB 81 19
community where the outdoor fireworks display or the display 7
before a proximate audience is proposed to be held. All 8
applications submitted to the state fire marshal for an 9
outdoor fireworks display permit or a display before a 10
proximate audience permit shall be submitted to the office 11
of the state fire marsh al a minimum of ten working days 12
prior to the date of the event. The application shall be 13
made on a form provided or approved by the state fire 14
marshal. Every such outdoor fireworks display or display 15
before a proximate audience shall be supervised, managed, or 16
directed by a Missouri licensed display operator, or 17
pyrotechnic effects operator on site and shall be located, 18
discharged, or fired so as in the opinion of the permitting 19
authority, after proper inspection based on the National 20
Fire Protection Association standards, NFPA 1123, 1124, and 21
1126, to not be hazardous to any person or property. A copy 22
of all permits issued for outdoor fireworks displays or 23
displays before a proximate audience issued by a local fire 24
service authority shall b e forwarded by the permit holder to 25
the state fire marshal's office upon request. No permit 26
granted hereunder shall be transferable and each permit 27
shall apply to only one location. 28
2. Before issuing any permit for outdoor fireworks 29
display or a display before a proximate audience, the 30
municipality, fair association, amusement park, 31
organization, firm, persons, or corporation making 32
application therefore shall furnish proof of financial 33
responsibility in an amount established by promulgated r ule 34
to the permitting authority in order to satisfy claims for 35
damages to property or personal injuries arising out of any 36
act or omission on the part of such person, firm, or 37
corporation or any agent or employee thereof. 38 SB 81 20
3. Any establishment, ve nue, or shoot site where an 39
outdoor fireworks display or a display before a proximate 40
audience is to take place shall be inspected by the state 41
fire marshal or local fire department having jurisdiction 42
for compliance with NFPA 1123 Code for Fireworks D isplay, 43
NFPA 1126 Code for the Use of Pyrotechnics Before a 44
Proximate Audience, and NFPA 101 Life Safety Code or 45
equivalent nationally recognized code in relation to means 46
of egress, occupancy load, and automatic sprinkler and fire 47
alarm systems. All permits issued shall be forwarded to the 48
state fire marshal by the permit holder, upon the state fire 49
marshal's request. Permits shall be issued in the same 50
manner as those required in this section. 51
4. Notwithstanding any provisions of this sect ion to 52
the contrary, a holder of a valid state issued display 53
operator license conducting a private outdoor firework 54
display for a non-commercial purpose shall not be subject to 55
the permitting requirements in subsections 1 through 3 of 56
this section; provided, however, that all such non - 57
commercial, private outdoor firework displays shall be 58
conducted in compliance with NFPA 1123. For the purposes of 59
this section, "non-commercial purpose" shall mean not 60
connected with or engaged in for a commercial purpose or in 61
exchange for any monetary consideration. 62
320.131. 1. It is unlawful for any person to possess, 1
sell or use within the state of Missouri, or ship into the 2
state of Missouri, except as provided in section 320.126, 3
any pyrotechnics commonly known as "fireworks" and defined 4
as consumer fireworks in [subdivision (3) of] section 5
320.106 [other than items now or hereafter classified as 6
fireworks UNO336, 1.4G by the United States Department of 7
Transportation] that comply with the construction, chemical 8 SB 81 21
composition, labeling and other regulations relative to 9
consumer fireworks regulations promulgated by the United 10
States Consumer Product Safety Commission and permitted for 11
use by the general public pursuant to such commi ssion's 12
regulations. 13
2. No wholesaler, [jobber] annual retailer, or 14
seasonal retailer, or any other person shall sell, offer for 15
sale, store, display, or have in their possession any 16
consumer fireworks [that have not been approved as fireworks 17
UNO336, 1.4G by the United States Department of 18
Transportation] that do not comply with the construction, 19
chemical composition, labeling, and other regulations 20
relative to consumer fireworks regulations promulgated by 21
the United States Consumer Product Safety Commission and 22
permitted for use by the general public pursuant to such 23
commission's regulations . 24
3. [No jobber, wholesaler, manufacturer, or 25
distributor shall sell to seasonal retailer dealers, or any 26
other person, in this state for the p urpose of resale, or 27
use, in this state, any consumer fireworks which do not have 28
the numbers and letter "1.4G" printed within an orange, 29
diamond-shaped label printed on or attached to the fireworks 30
shipping carton. 31
4.] This section does not proh ibit a manufacturer, 32
distributor or any other person possessing the proper 33
permits as specified by state and federal law from storing, 34
selling, shipping or otherwise transporting display 35
fireworks or [proximate fireworks] articles pyrotechnic . 36
[5.] 4. Matches, toy pistols, toy canes, toy guns, 37
party poppers, or other devices in which paper caps 38
containing twenty-five hundredths grains or less of 39
explosive compound, provided that they are so constructed 40 SB 81 22
that the hand cannot come into contact wi th the cap when in 41
place for use, and toy pistol paper caps which contain less 42
than twenty-five hundredths grains of explosive mixture 43
shall be permitted for sale and use at all times and shall 44
not be regulated by the provisions of sections 320.106 to 45
320.161. 46
320.141. Permissible items of consumer fireworks 1
defined in section 320.131 may be sold at wholesale or 2
retail by holders of [a jobber's] an annual retailer permit 3
to [nonlicensed] nonpermitted buyers [from outside the stat e 4
of Missouri] during a calendar year from the first day of 5
January until the thirty -first day of December. Permissible 6
items of consumer fireworks defined in section 320.131 may 7
be sold at retail by holders of a seasonal retail permit 8
during the selling periods of the twentieth day of June 9
through the tenth day of July and the twentieth day of 10
December through the second day of January. 11
320.147. 1. A person selling or offering fireworks 1
for sale or barter or trade shall permit the state fire 2
marshal and the marshal's deputies to conduct inspections, 3
based on the code of state regulations, of the business 4
premises or any location where fireworks are stored, kept, 5
or sold. Such person shall cooperate with such inspection 6
or investigation. Failure to cooperate or refusal to allow 7
an inspection shall result in suspension or revocation of 8
the permittee's permit or refusal of a permit to be issued. 9
Such inspection shall be performed during normal business 10
hours. 11
2. All new construction or substantial improvements of 12
a permanent structure shall be constructed with all 13
applicable building codes or fire codes adopted by the local 14
political subdivision to whom has authority over such 15 SB 81 23
matter. All new construction or s ubstantial improvements of 16
a permanent structure located in a jurisdiction without a 17
local building code or fire code shall submit a full set of 18
architectural plans to the state fire marshal for review. 19
The state fire marshal may review such plans for compliance 20
with fire protection standards and issue recommendations. 21
320.151. 1. It is unlawful to attempt to sell or to 1
sell at retail any fireworks to children under the age of 2
fourteen years except when such child is in the pres ence of 3
a parent or guardian. 4
2. It is unlawful for any person under the age of 5
sixteen to sell fireworks or work in a facility where 6
fireworks are stored, sold, or offered for sale unless 7
supervised by an adult. 8
3. It is unlawful to explod e or ignite consumer 9
fireworks within six hundred feet of any church, hospital, 10
mental health facility, school, or within one hundred feet 11
of any location where fireworks are stored, sold, or offered 12
for sale. 13
4. No person shall ignite or dischar ge any permissible 14
articles of consumer fireworks within or throw the same from 15
a motorized vehicle including watercraft or any other means 16
of transportation, except where display permit has been 17
issued for a floating vessel or floating platform, nor s hall 18
any person place or throw any ignited article of fireworks 19
into or at a motorized vehicle including watercraft or any 20
other means of transportation, or at or near any person or 21
group of people. 22
5. No person shall ignite or discharge consumer 23
fireworks within three hundred feet of any permanent storage 24
of ignitable liquid, gases, gasoline pump, gasoline filling 25 SB 81 24
station, or any nonpermanent structure where fireworks are 26
stored, sold or offered for sale. 27
6. No items of explosive or pyr otechnic composition 28
other than [fireworks as defined by subdivisions (3), (5), 29
and (17) of section 320.106 ] consumer fireworks, display 30
fireworks, or articles pyrotechnic shall be displayed, sold, 31
or offered for sale within the applicable permit locat ion as 32
identified on such permit granted by the state fire marshal. 33
7. [Proximate fireworks shall not be allowed to be 34
stored with consumer fireworks. 35
8.] All storage and transportation of fireworks shall 36
be in accordance with all federal and state rules and 37
regulations. 38
[9.] 8. Nothing in sections 320.106 to 320.161 shall 39
be construed to prevent permittees from demonstrating or 40
testing fireworks. Any such demonstration or test shall 41
require the notification and approval of the loc al fire 42
service or the state fire marshal. 43
320.371. 1. There is hereby created in the state 1
treasury the "Cigarette Fire Safety Standard and Firefighter 2
Protection Act Fund" which shall consist of moneys collected 3
under sections 320.106 to 320.161 and sections 320.350 to 4
320.374. The fund shall be administered by the state fire 5
marshal. Upon appropriation, moneys in the fund shall be 6
made available to the state fire marshal to support fire 7
safety and prevention programs. 8
2. Notwithstanding the provisions of section 33.080 to 9
the contrary, any moneys remaining in the fund at the end of 10
the biennium shall not revert to the credit of the general 11
revenue fund. 12
3. The state treasurer shall invest moneys in the fund 13
in the same manner as other funds are invested. Any 14 SB 81 25
interest and moneys earned on such investments shall be 15
credited to the fund. 16
568.070. 1. A person commits the offense of unlawful 1
transactions with a child if he or she: 2
(1) Being a pawnbroker, junk dealer, dealer in 3
secondhand goods, or any employee of such person, with 4
criminal negligence buys or receives any personal property 5
other than agricultural products from an unemancipated 6
minor, unless the child's custodial par ent or guardian has 7
consented in writing to the transaction; or 8
(2) Knowingly permits a minor child to enter or remain 9
in a place where illegal activity in controlled substances, 10
as defined in chapter 579, is maintained or conducted; or 11
(3) With criminal negligence sells blasting caps, bulk 12
gunpowder, or explosives to a child under the age of 13
seventeen, or fireworks as defined in section [320.110] 14
320.106, to a child under the age of fourteen, unless the 15
child's custodial parent or guardi an has consented in 16
writing to the transaction. Criminal negligence as to the 17
age of the child is not an element of this crime. 18
2. The offense of unlawful transactions with a child 19
is a class B misdemeanor. 20