0805S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILLS NOS. 81 & 174
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,
320.116, 320.121, 320.126, 320.131, 320.141, 320.151, 320.371,
and 568.070, RSMo, are repealed and fourteen new sections
enacted in lieu thereof, to be known as sections 49.266,
253.195, 320.106, 320.111, 320.116, 320.121, 320.126, 320.127,
320.131, 320.141, 320.147, 320.151, 320.371, and 568.070, to
read as follows:
49.266. 1. The county commission in all counties of
the first, second, third, or fourth classification may by
order or ordinance promulgate reasonable regulations
concerning the use of county property, the hours,
conditions, methods and manner of such use and the
regulation of pedestrian and vehicular traffic and parking
thereon.
2. Violation of any regulation so ad opted under
subsection 1 of this section is an infraction.
3. Upon a determination by the state fire marshal that
a burn ban order is appropriate for a county because:
(1) An actual or impending occurrence of a natural
disaster of major prop ortions within the county jeopardizes
the safety and welfare of the inhabitants of such county; and
(2) The U.S. Drought Monitor has designated the county
as an area of severe, extreme, or exceptional drought, the
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county commission may adopt an or der or ordinance issuing a
burn ban, which may carry a penalty of up to a class A
misdemeanor. State agencies responsible for fire management
or suppression activities and persons conducting
agricultural burning using best management practices shall
not be subject to the provisions of this subsection. The
ability of an individual, organization, or corporation to
sell fireworks shall not be affected by the issuance of a
burn ban. The county burn ban may prohibit the explosion or
ignition of any missile or skyrocket as the terms "missile"
and "skyrocket" are defined by the [2012] 2022 edition of
the American Fireworks Standards Laboratory (AFSL), but
shall not ban the explosion or ignition of any other
consumer fireworks as the term "consumer f ireworks" is
defined under section 320.106.
4. The regulations so adopted shall be codified,
printed and made available for public use and adequate signs
concerning smoking, traffic and parking regulations shall be
posted.
253.195. Fireworks, as defined in section [320.110]
320.106, of any type are prohibited within the boundaries of
any state park except upon the written permission granted by
the department of natural resources.
320.106. As used in sections 32 0.106 to 320.161,
unless clearly indicated otherwise, the following terms mean:
(1) "American Pyrotechnics Association (APA), Standard
87-1", a voluntary standard, or subsequent standard [which]
that may amend or supersede this standard for manufa cturers,
importers, and distributors of fireworks , in which fireworks
classifications are assigned based upon the weight and type
of chemical composition contained for each specific type of
device including, but not limited to, specific permissible
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and restricted chemicals. Such standard shall be construed
to include the following APA standards:
(a) APA 87-1A Standard for Construction,
Classification, Approval, and Transportation of Consumer
Fireworks;
(b) APA 87-1B Standard for the Con struction,
Classification, Approval, and Transportation of Display
Fireworks; and
(c) APA 87-1C Standard for the Construction,
Classification, Approval, and Transportation of
Entertainment and Technical Pyrotechnics;
As used in this chapter, the current editions of APA 87 -1
are controlling. Any future editions or amendments to
future editions adopted related to standards contained in
APA 87-1 by the American Pyrotechnics Association shall only
be in effect upon formal review of the fire marsh al's office
and promulgation of rules under their rulemaking authority
as set out in this chapter and chapter 536 ;
(2) "Annual retailer", any person engaged in the
business of making sales of consumer fireworks at wholesale
or retail within the s tate of Missouri during a calendar
year from the first day of January through the thirty -first
day of December;
(3) "Articles pyrotechnic", devices containing
compositions, which produce a visual and audible effect
primarily used in the entertain ment and technical
training/development industries, that comply with the limits
and requirements of APA Standard 87 -1C and that may not be
offered for sale to the general public;
(4) "Chemical composition", all pyrotechnic and
explosive composition formulations contained in fireworks
devices as defined in American Pyrotechnics Association
(APA), Standard 87-1;
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[(3)] (5) "Consumer fireworks", explosive and
pyrotechnic devices designed for sale and use by the general
public that conform wi th requirements set forth by the
United States Consumer Product Safety Commission (CPSC) and
designed primarily to produce visible or audible effects by
combustion [and includes] including, but not limited to,
aerial devices [and], ground devices, [all of which are
classified as fireworks, UNO336, within 49 CFR Part 172 ]
fuses, and novelties in compliance with APA Standard 87 -1A;
[(4)] (6) "Discharge site", the area immediately
surrounding the fireworks mortars used for an outdoor
fireworks display;
[(5)] (7) "Dispenser", a device designed for the
measurement and delivery of liquids as fuel;
(8) "Display before a proximate audience", the
discharge or use of fireworks or special effects before a
proximate audience or in any indoor setting, in accordance
with the guidelines established by NFPA 1126: Code Standard
for the Use of Pyrotechnics Before a Proximate Audience;
[(6)] (9) "Display fireworks", [explosive] devices
[designed primarily to produce visible or audible effec ts by
combustion, deflagration or detonation. This term includes
devices containing more than two grains (130 mg) of
explosive composition intended for public display. These
devices are classified as fireworks, UN0333 or UN0334 or
UNO335, within 49 CFR Part 172] containing chemical
compositions that are intended for use in professional
firework shows, designed to produce visible or audible
effects, and comply with the limits and requirements of APA
Standard 87-1B;
[(7)] (10) "Display site", the immediate area where a
fireworks display is conducted, including the discharge
site, the fallout area, and the required separation distance
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from mortars to spectator viewing areas, but not spectator
viewing areas or vehicle parking areas;
[(8)] (11) "Distributor", any person engaged in the
business of selling fireworks to wholesalers, [jobbers]
annual retailers, seasonal retailers, other persons, or
governmental bodies that possess the necessary permits as
specified in sections 320.106 to 320.161[, including any
person that imports any fireworks of any kind in any manner
into the state of Missouri ];
[(9)] (12) "Fireworks", any composition or device for
producing a visible[, audible, or both visible and ] or an
audible effect for entertainment purposes by combustion,
deflagration, or detonation and that meets the definition of
consumer[, proximate,] fireworks, articles pyrotechnic, or
display fireworks as set forth [by 49 CFR Part 171 to end,
United States Department of Transpor tation hazardous
materials regulations ] in this section;
[(10)] (13) "Fireworks season", the period beginning
on the twentieth day of June and continuing through the
tenth day of July of the same year and the period beginning
on the twentieth day of December and continuing through the
second day of January of the next year, which shall be the
only periods of time that seasonal retailers may be
permitted to sell consumer fireworks;
[(11) "Jobber", any person engaged in the business of
making sales of consumer fireworks at wholesale or retail
within the state of Missouri to nonlicensed buyers for use
and distribution outside the state of Missouri during a
calendar year from the first day of January through the
thirty-first day of December;]
(14) "Flame effect", the combustion of solids,
liquids, or gases using atmospheric oxygen to produce
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thermal, physical, visual, or audible phenomena before an
audience;
(15) "Flame effect operator", the single individual
with overall responsibility for flame effect operations and
safety who has met additional requirements established by
promulgated rules and has successfully completed a proximate -
audience training course recognized and approved by the
state fire marshal;
[(12)] (16) "Licensed display operator", any person
who supervises, manages, or directs the discharge of outdoor
display fireworks or articles pyrotechnic , either by manual
or electrical means; who has met additional requirements
established by promulgated rule and has successfully
completed a display fireworks training course recognized and
approved by the state fire marshal;
(17) "Licensed pyrotechnic effects operator", an
individual who has responsibility for pyrotechnic safety and
who controls, initiates, or otherwise creates special
effects or uses fireworks or pyrotechnic material before a
proximate audience or in any indoor setting and who has met
additional requirements established by promulgated rules and
has successfully completed a pr oximate audience training
course recognized and approved by the state fire marshal;
[(13)] (18) "Manufacturer", any person engaged in the
making, manufacture, assembly , altering, or construction of
fireworks of any kind within the state of Missour i for the
purpose of selling or distributing ;
[(14)] (19) "NFPA", National Fire Protection
Association, an international codes and standards
organization;
As used in chapter 320, the current editions of NFPA 1123,
NFPA 1124, and NFPA 1126 are con trolling. Any future
editions or amendments to future editions adopted related to
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standards contained in NFPA 1123, NFPA 1124, or NFPA 1126 by
the National Fire Protection Association shall only be in
effect upon formal review of the fire marshal's of fice and
promulgation of rules under their rulemaking authority as
set out in this chapter and chapter 536;
(20) "Outdoor fireworks display", a presentation of
fireworks before a public audience in accordance with the
guidelines established by NF PA 1123: Code for Fireworks
Display;
[(15)] (21) "Permanent structure", buildings and
structures with permanent foundations other than tents,
mobile homes, stands, and trailers;
[(16)] (22) "Permit", the written authority of the
state fire marshal issued pursuant to sections 320.106 to
320.161 to sell, possess, manufacture, discharge, or
distribute fireworks;
[(17)] (23) "Person", any corporation, association,
partnership or individual or group thereof;
[(18) "Proximate fireworks", a chemical mixture used
in the entertainment industry to produce visible or audible
effects by combustion, deflagration, or detonation, as
classified within 49 CFR Part 172 as UN0431 or UN0432;
(19) "Pyrotechnic operator" or "special effects
operator", an individual who has responsibility for
pyrotechnic safety and who controls, initiates, or otherwise
creates special effects for proximate fireworks and who has
met additional requirements established by promulgated rules
and has successfully completed a proximate fireworks
training course recognized and approved by the state fire
marshal;]
(24) "Proximate audience", an audience closer to
pyrotechnic devices than permitted by NFPA 1123: Code for
Fireworks Display;
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[(20)] (25) "Sale", an exchange of articles of
fireworks for money, including barter, exchange, [gift] or
offer thereof, and each such transaction made by any person,
whether as a principal proprietor, salesman, agent,
association, copartnership or one or more individuals;
[(21)] (26) "Seasonal retailer", any person within the
state of Missouri engaged in the business of making sales of
consumer fireworks in Missouri only during a fireworks
season [as defined by subdivision (10) of this section ];
(27) "Substantial damage", damage of any origin
sustained by a structure whereby the cost of restoring the
structure to its before -damaged condition would equal or
exceed fifty percent of the market value of the structure
before the damage occurred;
(28) "Substantial improvement", any repair,
reconstruction, rehabilitation, alteration, addition, or
other improvement of a building or structure, the cost of
which equals or exceeds fifty percent of the market value of
the structure before the imp rovement or repair is started.
If the structure has substantial damage, any repairs are
considered improvement regardless of the actual repair work
performed. The term shall not include either of the
following:
(a) Any project for improvement o f a building required
to correct existing health, sanitary, or safety code
violations identified by the building official and that are
the minimum necessary to ensure safe living conditions; or
(b) Any alteration of a historic structure, provided
that the alteration will not preclude the structure's
continued designation as a historic structure;
[(22)] (29) "Wholesaler", any person engaged in the
business of making sales of consumer fireworks to any other
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person engaged in the business of making sales of consumer
fireworks at retail within the state of Missouri.
320.111. 1. It is unlawful for any person to
manufacture, sell, offer for sale, ship or cause to be
shipped into or within the state of Missouri except as
herein provided any item of fireworks, without first having
secured the required applicable permit as a manufacturer,
distributor, wholesaler, [jobber] annual retailer, or
seasonal retailer from the state fire marshal and applicable
federal permit or lice nse. Possession of said permit is a
condition precedent to manufacturing, selling or offering
for sale, shipping or causing to be shipped any fireworks
into the state of Missouri, except as herein provided. This
provision applies to nonresidents as w ell as residents of
the state of Missouri.
2. The state fire marshal has the authority and is
authorized and directed to issue permits for the sale of
fireworks. No permit shall be issued to a person under the
age of eighteen years. All permits except for seasonal
retailers shall be for the calendar year or any fraction
thereof and shall expire on the thirty -first day of December
of each year.
3. Permits issued must be displayed in the permit
holder's place of business. No permit provided for herein
shall be transferable nor shall a person operate under a
permit issued to another person or under a permit issued for
another location. Manufacturer, wholesaler, [jobber] annual
retailer, and distributor permit holders operating out of
multiple locations shall obtain a permit for each location.
4. Failure to make application for a permit by May
thirty-first of the calendar year may result in the fire
marshal's refusal to issue a [license] permit to the
[licensee] permitee or applicant for such calendar year.
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5. Any false statement or declaration made on a permit
application may result in the state fire marshal's refusal
to issue such permit to the requesting person for a period
of time not to exceed three years.
6. The state fire marshal is authorized [and directed
to charge the following ] to assess permit and licensing fees
for permits and licenses:
(1) Manufacturer, a fee of [seven hundred seventy -
five] one thousand dollars per calendar year;
(2) Distributor, a fee of [seven hundred seventy -five]
one thousand dollars per calendar year;
(3) Wholesaler, a fee of [two hundred seventy-five]
fire hundred dollars per calendar year;
(4) [Jobber] Annual retailer, a fee of [five] seven
hundred [twenty-five] fifty dollars per calendar year per
sales location;
(5) Seasonal retailer, a fee of [fifty] one hundred
dollars per calendar year per sales location;
(6) [Display] Outdoor fireworks display permit, a fee
of one hundred dollar s per calendar year per location;
(7) [Proximate fireworks display permit ] Display
before proximate audience , a fee of one hundred dollars per
calendar year per location;
(8) [Licensed] Display operator license, a fee of one
hundred dollars for a three-year license;
(9) Pyrotechnic effects operator license, a fee of one
hundred dollars for a three -year license.
7. A holder of a manufacturer's permit shall not be
required to have any additional permits in order to sell to
distributors, wholesalers, [jobbers] annual retailers or
seasonal retailers, or to sell display, or [proximate
fireworks] articles pyrotechnic .
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8. A holder of a distributor's permit shall not be
required to have any additional permits in order to sell t o
wholesalers, [jobbers] annual retailers, seasonal retailers
or to sell display fireworks, or [proximate fireworks]
articles pyrotechnic .
9. A holder of [a jobber's] an annual retailer permit
shall not be required to have any additional permit i n order
to sell consumer fireworks at retail during the fireworks
season from such [jobber's] annual retailer's permanent
structure.
10. (1) All fees collected for permits issued
pursuant to this section shall be deposited [to the credit
of the fire education fund created pursuant to section
320.094] as follows:
(a) Eighty percent into the fire education fund
created under section 320.094; and
(b) Twenty percent into the cigarette fire safety
standard and firefighter protection ac t fund created under
section 320.371.
(2) Any person engaged in more than one permit
classification shall pay one permit fee based upon the
permit classification yielding the highest amount of revenue.
11. The state fire marshal is charged with the
enforcement of the provisions of sections 320.106 to 320.161
and may call upon any state, county or city peace officer
for assistance in the enforcement of the provisions of
sections 320.106 to 320.161. The state fire marshal may
promulgate rules pursuant to the requirements of this
section and chapter 536 necessary to carry out his or her
responsibilities under this act including rules requiring
training, examination, and licensing of licensed display
operators and pyrotechnic effects operators engaging in or
responsible for the handling and use of display fireworks
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and [proximate fireworks] articles pyrotechnic . The test
shall incorporate the rules of the state fire marshal, which
shall be based upon nationally recognized standards . No
rule or portion of a rule promulgated pursuant to this
chapter shall become effective unless it has been
promulgated pursuant to the provisions of chapter 536.
12. The state fire marshal, upon notification by the
department of revenue, may withhold permits from applicants
upon evidence that all state sales taxes for the preceding
year or years have not been paid; except, this subsection
shall not apply if an applicant is pursuing any proper
remedy at law challenging the amount, collectio n, or
assessment of any sales tax.
13. A holder of a distributor, wholesaler, or
[jobber's] annual retailer's permit shall be required to
operate out of a permanent structure in compliance with all
applicable building and fire regulations in the city or
county in which said person is operating a fireworks
business. Seasonal retail permit locations shall be in
compliance with all applicable building and fire
regulations. The applicant may be subject to a fire safety
inspection by the state f ire marshal based upon promulgated
rules and regulations adopted by the state fire marshal.
14. It is unlawful for any manufacturer, distributor,
wholesaler, or [jobber] annual retailer to sell consumer
fireworks to a seasonal retailer who has not acquired an
appropriate permit from the state fire marshal for the
current permit period. A seasonal retailer shall acquire
and present the appropriate permit from the state fire
marshal before any manufacturer, distributor, wholesaler or
[jobber] annual retailer is allowed to sell consumer
fireworks to such seasonal retailer, provided that such
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seasonal retailer is purchasing the consumer fireworks for
resale in this state.
15. The state fire marshal and the marshal's deputies
may conduct inspections of any premises and all portions of
buildings where fireworks are stored, manufactured, kept or
being offered for sale. All persons selling, offering for
sale, barter, gift, exchange, or offer thereof any fireworks
shall cooperate fully wi th the state fire marshal and the
marshal's deputies during any such inspection. This
inspection shall be performed during normal business hours.
16. In addition to any other penalty, any person who
manufactures, sells, offers for sale, ships or causes to be
shipped into or caused to be shipped into the state of
Missouri, for use in Missouri, any items of fireworks
without first having the required applicable permit shall be
assessed a civil penalty of up to a one thousand dollar fine
for each day of operation up to a maximum of ten thousand
dollars.
320.116. 1. The state fire marshal may revoke any
permit or license issued pursuant to sections 320.106 to
320.161 upon evidence that the holder has willfully violated
any of the provisions of sections 320.106 to 320.161. If a
holder of a permit has multiple permitted locations, any
suspension or revocation shall only apply to the permitted
location where the violation resulting in suspension or
revocation occurred.
2. The state fire marshal may refuse to issue a
license or permit to any applicant when the permit or
license of the individual, corporation, or partner is under
suspension or revocation. The state fire marshal may refuse
to issue a license or permit to a person who is a partner,
shareholder, manager, officer, spouse, or relative of the
applicant or a party to the applicant.
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3. The state fire marshal, in his or her discretion,
may refuse to issue a permit, for a period not to exceed
three years, to a person whose permit has been revoked for
the possession or sale of illegal fireworks, as referred to
in section 320.136.
[3.] 4. The state fire marshal, the marshal's
deputies, the marshal's designees or any authorized police
or peace officer shall seize as contraband any illegal
fireworks as defined pursuant to sections 320.106 to
320.161. Such illegal fireworks seized in the enforcement
of sections 320.106 to 320.161 shall be held in custody of
the state fire marshal in proper sto rage facilities. The
person surrendering the fireworks may bring an in rem
proceeding in the circuit court of the county where the
fireworks were seized. Upon hearing, the circuit court may
authorize the return of all or part of the confiscated
fireworks or the court may authorize and direct that such
contraband fireworks be destroyed. If a proceeding is not
brought within thirty days, the fireworks shall be destroyed
by the state fire marshal. The state fire marshal shall
seize, take, remove o r cause to be removed, at the expense
of the owner, all stocks of fireworks offered or exposed for
sale, stored or held in violation of the provisions of
sections 320.106 to 320.161. All costs, including any
expenses incurred with the seizure, shall b e the
responsibility of the adjudicated party if case disposition
is in the favor of the state fire marshal.
[4.] 5. Any person aggrieved by any official action of
the state fire marshal affecting their permit status
including revocation, suspens ion, failure to renew a permit,
or refusal to grant a permit may seek a determination
thereon by the administrative hearing commission pursuant to
the provisions of section 621.045.
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320.121. 1. The provisions of sections 320.106 to
320.161 shall not be construed to abrogate or in any way
affect the powers of the following political subdivisions to
regulate or prohibit fireworks within its corporate limits:
(1) Any city, town, or village in this state; or
(2) Any county operating under a charter form of
government.
2. It is unlawful for any manufacturer, distributor,
wholesaler, [jobber]annual retailer, or seasonal retailer to
sell or ship by common carrier fireworks to consumers within
the corporate limits of the following political subdivisions
which prohibit the sale or possession of fireworks:
(1) Any city, town, or village in this state; or
(2) Any county operating under a charter form of
government.
320.126. 1. Any person, entity, partnership,
corporation, or association transporting display fireworks
or [proximate fireworks] articles pyrotechnic or display
fireworks and [proximate fireworks]articles pyrotechnic into
the state of Missouri for the purpose of resale [or to
conduct a display] shall be permitted by the state fire
marshal as a distributor or manufacturer and have obtained
any applicable federal license or permit.
2. [Sale of display or proximate fireworks shall be
limited to a holder of a federal license or permit and a
distributor or manufacturer permit issued by the state fire
marshal] Only holders of a state issued manufacturer or
distributor permit shall be allowed to sell display
fireworks and articles pyrotechnic within the state of
Missouri. A permitted manufacturer or distributor may sell
display fireworks and articles pyrotechnic only to those
persons who maintain either a state issued manufacturer or
distributor permit or a valid state issued display operator
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license or pyrotechnic effe ct operator license. For the
sale of display fireworks, proof of any required federal
license or permit shall be required prior to finalizing any
sell or transfer.
3. Possession of display [or proximate fireworks for
resale to holders of a permi t for display or proximate ]
fireworks or articles pyrotechnic shall be confined to
holders of a state manufacturer or distributor permit [and
applicable federal license or permit ] or holders or either a
valid state issued display operator license or py rotechnic
effect operator license. For possession of display
fireworks, proof of any required federal license or permit
shall be maintained by the possessor .
4. [Permits for display or proximate fireworks may be
granted to municipalities, fair a ssociations, amusement
parks, organizations, persons, firms or corporations. Such
permits may be granted upon application and approval by the
state fire marshal or local fire service authorities of the
community where the display is proposed to be hel d. All
applications submitted for display or proximate fireworks
permits must be submitted to the office of the state fire
marshal a minimum of ten working days prior to the date of
the event. The application shall be made on a form provided
or approved by the state fire marshal. Every such display
shall be supervised, managed, or directed by a Missouri
licensed operator, or pyrotechnic operator on site pursuant
to subdivisions (11) and (18) of section 320.106 and shall
be located, discharged, o r fired so as in the opinion of the
permitting authority, after proper inspection based on the
most current edition of the National Fire Protection
Association standards, NFPA 1123, 1124, and 1126, to not be
hazardous to any person or property. After a permit has
been granted, the sale, possession, use and distribution of
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fireworks for such display shall be lawful for that purpose
only. A copy of all permits issued for display or proximate
fireworks shall be forwarded by the permit holder to the
state fire marshal's office. No permit granted hereunder
shall be transferable and shall apply to only one location.
No holder of a manufacturer or distributor permit shall
sell, barter, or transfer display or proximate fireworks to
anyone not possessing an applicable permit or license.
5. Possession of display or proximate fireworks shall
be limited to a holder of a display or proximate fireworks
permit issued by the authority having jurisdiction where the
display or proximate fireworks is p roposed to be held or the
state fire marshal or holder of a state manufacturer or
distributor permit and applicable federal license or permit.
6. Before issuing any permit for a display or
proximate fireworks, the municipality, fair association,
amusement park, organization, firm, persons, or corporation
making application therefor shall furnish proof of financial
responsibility in an amount established by promulgated rule
to the permitting authority in order to satisfy claims for
damages to property or personal injuries arising out of any
act or omission on the part of such person, firm or
corporation or any agent or employee thereof.
7. Any establishment where proximate fireworks are to
be discharged shall be inspected by the state f ire marshal
or local fire department having jurisdiction for compliance
with NFPA 101 Life Safety Code or equivalent nationally
recognized code in relation to means of egress, occupancy
load, and automatic sprinkler and fire alarm systems. All
permits issued will be forwarded to the state fire marshal
by the permit holder. Permits will be issued in the same
manner as those required in this section ] This section shall
not be construed to prohibit a holder of a manufacturer or
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distributor permit fr om transporting or selling display
fireworks or articles pyrotechnic to persons who are not
residents of this state .
320.127. 1. Permits for outdoor fireworks displays or
displays before a proximate audience may be granted to
municipalities, fair associations, amusement parks,
organizations, persons, firms, or corporations. Such
permits may be granted upon application and approval by the
state fire marshal or local fire service authorities of the
community where the outdoor firewo rks display or the display
before a proximate audience is proposed to be held. All
applications submitted to the state fire marshal for an
outdoor fireworks display permit or a display before a
proximate audience permit shall be submitted to the offic e
of the state fire marshal a minimum of ten working days
prior to the date of the event. The application shall be
made on a form provided or approved by the state fire
marshal. Every such outdoor fireworks display or display
before a proximate audi ence shall be supervised, managed, or
directed by a Missouri licensed display operator, or
pyrotechnic effects operator on site and shall be located,
discharged, or fired so as in the opinion of the permitting
authority, after proper inspection based o n the National
Fire Protection Association standards, NFPA 1123, 1124, and
1126, to not be hazardous to any person or property. A copy
of all permits issued for outdoor fireworks displays or
displays before a proximate audience issued by a local fire
service authority shall be forwarded by the permit holder to
the state fire marshal's office upon request. No permit
granted hereunder shall be transferable and each permit
shall apply to only one location.
2. Before issuing any permit for outdo or fireworks
display or a display before a proximate audience, the
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municipality, fair association, amusement park,
organization, firm, persons, or corporation making
application therefore shall furnish proof of financial
responsibility in an amount es tablished by promulgated rule
to the permitting authority in order to satisfy claims for
damages to property or personal injuries arising out of any
act or omission on the part of such person, firm, or
corporation or any agent or employee thereof.
3. Any establishment, venue, or shoot site where an
outdoor fireworks display or a display before a proximate
audience is to take place shall be inspected by the state
fire marshal or local fire department having jurisdiction
for compliance with NFPA 1123 Code for Fireworks Display,
NFPA 1126 Code for the Use of Pyrotechnics Before a
Proximate Audience, and NFPA 101 Life Safety Code or
equivalent nationally recognized code in relation to means
of egress, occupancy load, and automatic sprinkler and fire
alarm systems. All permits issued shall be forwarded to the
state fire marshal by the permit holder, upon the state fire
marshal's request. Permits shall be issued in the same
manner as those required in this section.
4. Notwithstanding any provisions of this section to
the contrary, a holder of a valid state issued display
operator license conducting a private outdoor firework
display for a non-commercial purpose shall not be subject to
the permitting requirements in subsections 1 thr ough 3 of
this section; provided, however, that all such non -
commercial, private outdoor firework displays shall be
conducted in compliance with NFPA 1123. For the purposes of
this section, "non-commercial purpose" shall mean not
connected with or en gaged in for a commercial purpose or in
exchange for any monetary consideration.
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320.131. 1. It is unlawful for any person to possess,
sell or use within the state of Missouri, or ship into the
state of Missouri, except as provided in section 320.126,
any pyrotechnics commonly known as "fireworks" and defined
as consumer fireworks in [subdivision (3) of] section
320.106 [other than items now or hereafter classified as
fireworks UNO336, 1.4G by the United States Department of
Transportation] that comply with the construction, chemical
composition, labeling and other regulations relative to
consumer fireworks regulations promulgated by the United
States Consumer Product Safety Commission and permitted for
use by the general public pursuant to such commission's
regulations.
2. No wholesaler, [jobber] annual retailer, or
seasonal retailer, or any other person shall sell, offer for
sale, store, display, or have in their possession any
consumer fireworks [that have not been a pproved as fireworks
UNO336, 1.4G by the United States Department of
Transportation] that do not comply with the construction,
chemical composition, labeling, and other regulations
relative to consumer fireworks regulations promulgated by
the United States Consumer Product Safety Commission and
permitted for use by the general public pursuant to such
commission's regulations .
3. [No jobber, wholesaler, manufacturer, or
distributor shall sell to seasonal retailer dealers, or any
other person, in this state for the purpose of resale, or
use, in this state, any consumer fireworks which do not have
the numbers and letter "1.4G" printed within an orange,
diamond-shaped label printed on or attached to the fireworks
shipping carton.
4.] This section does not prohibit a manufacturer,
distributor or any other person possessing the proper
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permits as specified by state and federal law from storing,
selling, shipping or otherwise transporting display
fireworks or [proximate fireworks] articles pyrotechnic.
[5.] 4. Matches, toy pistols, toy canes, toy guns,
party poppers, or other devices in which paper caps
containing twenty-five hundredths grains or less of
explosive compound, provided that they are so constructed
that the hand cannot come into contact with the cap when in
place for use, and toy pistol paper caps which contain less
than twenty-five hundredths grains of explosive mixture
shall be permitted for sale and use at all times and shall
not be regulated by the provisions of sections 320.106 to
320.161.
320.141. Permissible items of consumer fireworks
defined in section 320.131 may be sold at wholesale or
retail by holders of [a jobber's] an annual retailer permit
to [nonlicensed] nonpermitted buyers [from outside the state
of Missouri] during a calendar year from the first day of
January until the thirty -first day of December. Permissible
items of consumer fireworks defined in section 320.131 may
be sold at retail by holders of a seasonal retail pe rmit
during the selling periods of the twentieth day of June
through the tenth day of July and the twentieth day of
December through the second day of January.
320.147. 1. A person selling or offering fireworks
for sale or barter or t rade shall permit the state fire
marshal and the marshal's deputies to conduct inspections,
based on the code of state regulations, of the business
premises or any location where fireworks are stored, kept,
or sold. Such person shall cooperate with su ch inspection
or investigation. Failure to cooperate or refusal to allow
an inspection shall result in suspension or revocation of
the permittee's permit or refusal of a permit to be issued.
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Such inspection shall be performed during normal business
hours.
2. All new construction or substantial improvements of
a permanent structure shall be constructed with all
applicable building codes or fire codes adopted by the local
political subdivision to whom has authority over such
matter. All new construction or substantial improvements of
a permanent structure located in a jurisdiction without a
local building code or fire code shall submit a full set of
construction plans to the state fire marshal for review.
The state fire marshal may revie w such plans for compliance
with fire protection standards and issue recommendations.
320.151. 1. It is unlawful to attempt to sell or to
sell at retail any fireworks to children under the age of
fourteen years except when such child i s in the presence of
a parent or guardian.
2. It is unlawful for any person under the age of
sixteen to sell fireworks or work in a facility where
fireworks are stored, sold, or offered for sale unless
supervised by an adult.
3. It is unlawful to explode or ignite consumer
fireworks within six hundred feet of any church, hospital,
mental health facility, school, or within one hundred feet
of any location where fireworks are stored, sold, or offered
for sale.
4. No person shall igni te or discharge any permissible
articles of consumer fireworks within or throw the same from
a motorized vehicle including watercraft or any other means
of transportation, except where display permit has been
issued for a floating vessel or floating pl atform, nor shall
any person place or throw any ignited article of fireworks
into or at a motorized vehicle including watercraft or any
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other means of transportation, or at or near any person or
group of people.
5. No person shall ignite or disch arge consumer
fireworks within three hundred feet of any permanent storage
of ignitable liquid, gases, gasoline pump, gasoline filling
station, or any nonpermanent structure where fireworks are
stored, sold or offered for sale.
6. No items of explosive or pyrotechnic composition
other than [fireworks as defined by subdivisions (3), (5),
and (17) of section 320.106 ] consumer fireworks, display
fireworks, or articles pyrotechnic shall be displayed, sold,
or offered for sale within the applicable permit location as
identified on such permit granted by the state fire marshal.
7. [Proximate fireworks shall not be allowed to be
stored with consumer fireworks.
8.] All storage and transportation of fireworks shall
be in accordance with all federal and state rules and
regulations.
[9.] 8. Nothing in sections 320.106 to 320.161 shall
be construed to prevent permittees from demonstrating or
testing fireworks. Any such demonstration or test shall
require the notification and approv al of the local fire
service or the state fire marshal.
320.371. 1. There is hereby created in the state
treasury the "Cigarette Fire Safety Standard and Firefighter
Protection Act Fund" which shall consist of moneys collected
under sections 320.106 to 320.161 and sections 320.350 to
320.374. The fund shall be administered by the state fire
marshal. Upon appropriation, moneys in the fund shall be
made available to the state fire marshal to support fire
safety and prevention progr ams.
2. Notwithstanding the provisions of section 33.080 to
the contrary, any moneys remaining in the fund at the end of
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the biennium shall not revert to the credit of the general
revenue fund.
3. The state treasurer shall invest moneys in t he fund
in the same manner as other funds are invested. Any
interest and moneys earned on such investments shall be
credited to the fund.
568.070. 1. A person commits the offense of unlawful
transactions with a child if he or she:
(1) Being a pawnbroker, junk dealer, dealer in
secondhand goods, or any employee of such person, with
criminal negligence buys or receives any personal property
other than agricultural products from an unemancipated
minor, unless the child's custod ial parent or guardian has
consented in writing to the transaction; or
(2) Knowingly permits a minor child to enter or remain
in a place where illegal activity in controlled substances,
as defined in chapter 579, is maintained or conducted; or
(3) With criminal negligence sells blasting caps, bulk
gunpowder, or explosives to a child under the age of
seventeen, or fireworks as defined in section [320.110]
320.106, to a child under the age of fourteen, unless the
child's custodial parent or guardian has consented in
writing to the transaction. Criminal negligence as to the
age of the child is not an element of this crime.
2. The offense of unlawful transactions with a child
is a class B misdemeanor.