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North Carolina House Bill H98

North Carolina 2025-2026 Regular Session

North Carolina House Bill H98 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 98
3+H D
4+HOUSE BILL DRH10045-MH-26
5+
56
67
78 Short Title: Patriotism Expression Act. (Public)
8-Sponsors: Representatives Gable, Kidwell, Eddins, and Campbell (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Rules, Calendar, and Operations of the House
11-February 12, 2025
12-*H98-v-1*
9+Sponsors: Representative Gable.
10+Referred to:
11+
12+*DRH10045 -MH-26*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT TO PERMIT THE SALE, POSSESSION, AND USE OF CERTAIN CONSUMER 2
1515 FIREWORKS. 3
1616 The General Assembly of North Carolina enacts: 4
1717 SECTION 1. G.S. 14-410 reads as rewritten: 5
1818 "§ 14-410. Manufacture, sale and use of pyrotechnics prohibited; exceptions; license 6
1919 required; sale to persons under the age of 16 18 prohibited. 7
2020 (a) Except as otherwise provided in this section, it shall be unlawful for any individual, 8
2121 firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess, 9
2222 receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any description 10
2323 whatsoever within the State of North Carolina. 11
2424 … 12
2525 (a5) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured, 13
2626 or discharged within the State for pyrotechnic or proximate audience display instruction 14
2727 consisting of classroom and practical skills training approved by the Office of State Fire Marshal. 15
2828 (a6) It shall be permissible for pyrotechnics that are consumer fireworks to be possessed, 16
2929 advertised, sold, used, transported, handled, or discharged within the State, provided the 17
3030 possession, advertising, sale, use, transportation, handling, or discharge complies with Part 2 of 18
3131 Article 82A of Chapter 58 of the General Statutes. 19
3232 (b) Notwithstanding the provisions of G.S. 14-414, it shall be unlawful for any 20
3333 individual, firm, partnership, or corporation to sell consumer fireworks as defined in this section 21
3434 or pyrotechnics as defined in G.S. 14-414(2), (3), (4)c., (5), or (6) to persons under the age of 22
3535 16.18. 23
3636 (c) The following definitions apply in this Article: 24
3737 (1) Concert or public exhibition. – A fair, carnival, show of any description, or 25
3838 public celebration. 26
3939 (1a) Consumer fireworks. – Defined in G.S. 58-82A-80. 27
4040 (2) Display operator. – An individual issued a display operator license under 28
4141 G.S. 58-82A-3. 29
4242 (3) State Fire Marshal. – Defined in G.S. 58-80-1." 30
4343 SECTION 2. G.S. 14-414 reads as rewritten: 31
4444 "§ 14-414. Pyrotechnics defined; exceptions. 32
4545 For the proper construction of the provisions of this Article, "pyrotechnics," as is herein used, 33
4646 shall be deemed to be and include any and all kinds of fireworks and explosives, which are used 34
47-for exhibitions or amusement purposes: provided, however, that nothing herein contained in this 35 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 98-First Edition
49-section shall prevent the manufacture, purchase, sale, transportation, and use of explosives or 1
50-signaling flares used in the course of ordinary business or industry, or shells or cartridges used 2
51-as ammunition in firearms. This Article shall not apply to the sale, use, or possession of the 3
52-following: 4
53-(1) Explosive caps designed to be fired in toy pistols, provided that the explosive 5
54-mixture of the explosive caps shall not exceed twenty-five hundredths (.25) of 6
55-a gram for each cap. 7
56-(2) Snake and glow worms composed of pressed pellets of a pyrotechnic mixture 8
57-that produce a large, snake-like ash when burning. 9
58-(3) Smoke devices consisting of a tube or sphere containing a pyrotechnic mixture 10
59-that produces white or colored smoke. 11
60-(4) Trick noisemakers which produce a small report designed to surprise the user 12
61-and which include: 13
62-a. A party popper, which is a small plastic or paper item containing not 14
63-in excess of 16 milligrams of explosive mixture. A string protruding 15
64-from the device is pulled to ignite the device, expelling paper 16
65-streamers and producing a small report. 17
66-b. A string popper, which is a small tube containing not in excess of 16 18
67-milligrams of explosive mixture with string protruding from both ends. 19
68-The strings are pulled to ignite the friction-sensitive mixture, 20
69-producing a small report. 21
70-c. A snapper or drop pop, which is a small, paper-wrapped item 22
71-containing no more than 16 milligrams of explosive mixture coated on 23
72-small bits of sand. When dropped, the device produces a small report. 24
73-(5) Wire sparklers consisting of wire or stick coated with nonexplosive 25
74-pyrotechnic mixture that produces a shower of sparks upon ignition. These 26
75-items must not exceed 100 grams of mixture per item. 27
76-(6) Other sparkling devices which emit showers of sparks and sometimes a 28
77-whistling or crackling effect when burning, do not detonate or explode, do not 29
78-spin, are hand-held or ground-based, cannot propel themselves through the 30
79-air, and contain not more than 75 grams of chemical compound per tube, or 31
80-not more than a total of 200 grams if multiple tubes are used. 32
81-(7) Novelties and sparkling devices, as those terms are defined in 33
82-G.S. 58-82A-80." 34
83-SECTION 3. G.S. 14-415 reads as rewritten: 35
84-"§ 14-415. Violation made misdemeanor. 36
85-Any person violating any of the provisions of this Article, except as otherwise specified in 37
86-said Article, shall be guilty of a Class 2 misdemeanor, except that it is a Class 1 misdemeanor if 38
87-the sale is in violation of G.S. 14-410(b) or if the exhibition is indoors." 39
88-SECTION 4. G.S. 58-82A-1 through G.S. 58-82A-55 are recodified as Part 1 of 40
89-Article 82A of Chapter 58 of the General Statutes, to be entitled: 41
90-"Part 1. Display Pyrotechnics Training and Permitting." 42
91-SECTION 5. Article 82A of Chapter 58 of the General Statutes is amended by 43
92-adding a new Part to read: 44
93-"Part 2. Consumer Fireworks. 45
94-"§ 58-82A-75. Purpose. 46
95-The sale, use, transport, possession, handling, or discharge of consumer fireworks shall be 47
96-permitted only in compliance with the provisions of this Part. 48
97-"§ 58-82A-80. Definitions. 49
98-The following definitions apply in this Part: 50 General Assembly Of North Carolina Session 2025
99-House Bill 98-First Edition Page 3
100-(1) Consumer fireworks. – Any small fireworks device designed primarily to 1
101-produce visible effects by combustion or deflagration that (i) is categorized as 2
102-a 1.4G firework device under Standard 87-1 of the American Pyrotechnics 3
103-Association and (ii) complies with the construction, chemical composition, 4
104-and labeling regulations of the United States Consumer Product Safety 5
105-Commission, as set forth in the Code of Federal Regulations, volumes 16 and 6
106-49. 7
107-(2) Consumer fireworks distributor. – A person owning or otherwise controlling 8
108-a facility where consumer fireworks are stored or otherwise maintained for 9
109-distribution to fireworks retailers permitted under this Part. 10
110-(3) Consumer fireworks permanent retailer. – A person that sells only "consumer 11
111-fireworks," "sparkling devices," "novelties," and related items from a 12
112-consumer fireworks retail establishment. 13
113-(4) Consumer fireworks retail establishment. – A structure that is designed, 14
114-planned, and constructed to remain in one location that is operated by a 15
115-consumer fireworks permanent retailer as a retail facility. 16
116-(5) Consumer fireworks temporary retailer. – A person that sells only "consumer 17
117-fireworks," "sparkling devices," "novelties," and related items from a 18
118-fireworks retail stand or a fireworks tent. 19
119-(6) Fireworks retail stand. – A building or structure with a floor area not greater 20
120-than 800 square feet, other than a fireworks tent. Stands may include 21
121-buildings, manufactured buildings, trailers, shipping containers, and 22
122-temporary structures constructed from plywood, sheet metal, or similar 23
123-materials. 24
124-(7) Fireworks retailer. – A consumer fireworks permanent retailer, consumer 25
125-fireworks temporary retailer, or an incidental sparkling device retailer 26
126-permitted under this Part. 27
127-(8) Fireworks safety and education trainer. – A person who has completed 28
128-training on the function, safe handling, and best practices for the safe use of 29
129-all categories of consumer fireworks under G.S. 58-82A-130 and annually 30
130-registers with the Department. 31
131-(9) Fireworks tent. – A tent, canopy, or membrane structure with a floor area not 32
132-greater than 1,500 square feet that is not permanently installed. 33
133-(10) Incidental sparkling device retailer. – A person selling only sparkling devices 34
134-and novelties that is not a consumer fireworks permanent retailer or consumer 35
135-fireworks temporary retailer as defined by this section. 36
136-(11) NFPA standards. – Standard 1124 of the National Fire Protection Association, 37
137-2017 edition, as it applies to the retail sale or distribution of consumer 38
138-fireworks, except as otherwise specified by this Part. 39
139-(12) Novelties. – Snaps, party poppers, snakes, glow worms, toy smoke devices, 40
140-and certain wire sparklers and dipped sticks containing 5 grams or less of 41
141-pyrotechnic composition. The specification of novelties under this subdivision 42
142-shall substantially follow the definition of these devices under Standard 87-1 43
143-of the American Pyrotechnics Association. 44
144-(13) Public space. – Any building or area open to the public, whether privately or 45
145-publicly owned. Public space includes restaurants, theaters, stadiums, arenas, 46
146-retail establishments, and shopping malls. 47
147-(14) Sparkling devices. – Consumer fireworks and novelties that do not rise into 48
148-the air, do not fire inserts or projectiles into the air, and do not explode or 49
149-produce a report. The specification of sparkling devices under this subdivision 50 General Assembly Of North Carolina Session 2025
150-Page 4 House Bill 98-First Edition
151-shall substantially follow the definition of "ground and handheld sparkling 1
152-devices" under Standard 87-1 of the American Pyrotechnics Association. 2
153-"§ 58-82A-85. Possession and use of consumer fireworks. 3
154-(a) The possession of consumer fireworks is allowed in this State, subject to the following 4
155-requirements and conditions. 5
156-(b) The use and sale of consumer fireworks is prohibited within a county or city unless 6
157-that county or city has adopted an ordinance to allow the use and sale of consumer fireworks in 7
158-accordance with G.S. 153A-130.1 and G.S. 160A-190.1. 8
159-(c) The possession and use of consumer fireworks is subject to the following conditions: 9
160-(1) The person possessing or using the consumer fireworks must be at least 18 10
161-years old. 11
162-(2) The use of consumer fireworks may occur only between the hours of 10:00 12
163-A.M. and 10:00 P.M., with the following exceptions: 13
164-a. On July 4, use is permitted until 12:00 A.M. 14
165-b. On December 31 and the following January 1, use is permitted from 15
166-8:00 A.M. on December 31 until 12:30 A.M. on January 1. 16
167-(3) The use of consumer fireworks is prohibited in the following locations: 17
168-a. In or on the premises of a public or private primary or secondary 18
169-school, unless the person has written authorization from the school. 19
170-b. On the campus of a college or university, unless the person has 20
171-received written authorization from the college or university. 21
172-c. Within 1,500 feet of a hospital, veterinary hospital, animal care 22
173-facility, licensed child care facility, fireworks retailer, fireworks 23
174-distributor, gas station, or bulk storage facility for petroleum products 24
175-or other explosive or flammable substances. 25
176-(4) The possession or use of consumer fireworks is prohibited in or on the 26
177-premises of any public park or public space, except as otherwise permitted by 27
178-the person, State agency, or unit of local government owning or otherwise 28
179-controlling the public park, property, or public space. 29
180-(d) No county or city may restrict or exclude the transportation of consumer fireworks 30
181-across or through the county or city. Nothing in this subsection is intended to prevent reasonable 31
182-transportation-related restrictions applicable to all vehicles or a class of vehicles regardless of 32
183-cargo, such as vehicle weight limits or truck route restrictions in accordance with U.S. 33
184-Department of Transportation regulations. 34
185-"§ 58-82A-90. Sale of consumer fireworks; permit required. 35
186-(a) No person shall sell consumer fireworks, sparkling devices, or novelties in this State 36
187-unless the person holds a permit issued under this Part from the Commissioner. The 37
188-Commissioner shall issue rules to implement this section. Permits of a fireworks retailer shall be 38
189-posted in a location visible to members of the public visiting the retailer. The Commissioner shall 39
190-issue a permit to a person who meets the following conditions: 40
191-(1) Is 21 years of age or older. 41
192-(2) Complies with all of the requirements of this Part. 42
193-(3) Has not been convicted of a felony and has not received a pardon. 43
194-(4) Has not been convicted of an offense for a violation of State or federal law, or 44
195-been found in violation of any municipal ordinance, involving fireworks or 45
196-explosives within five years prior to the date of the application for the permit. 46
197-(5) Maintains at all times public liability and product liability insurance with 47
198-minimum coverage limits of five million dollars ($5,000,000) to cover losses, 48
199-damages, or injury that might occur as a result of the person selling consumer 49
200-fireworks. The Commissioner, by rule, may increase the amount of liability 50
201-insurance required to be maintained by a fireworks retailer. In determining 51 General Assembly Of North Carolina Session 2025
202-House Bill 98-First Edition Page 5
203-whether to increase the amount of required liability insurance, the 1
204-Commissioner shall consider the maximum amount of inventory the fireworks 2
205-retailer will have on hand at a given time, any property located within 1,000 3
206-feet of the property wherein the fireworks will be stored or sold, and any other 4
207-factors the Commissioner deems important. 5
208-(6) Submits the application for a permit no less than 120 days prior to the date the 6
209-applicant proposes to begin sales of consumer fireworks under this Part. 7
210-(7) Provides a lease or evidence of ownership of the site of the proposed fireworks 8
211-retailer for no less than the duration of the permit. A consumer fireworks 9
212-temporary retailer or incidental sparkling device retailer operating out of a 10
213-fireworks retail stand or fireworks tent located at a site not owned by the 11
214-retailer may comply with this subdivision by providing the required 12
215-authorization under G.S. 58-82A-122. 13
216-(b) A person issued a permit under this Part shall comply with the following 14
217-requirements: 15
218-(1) Standards. – The permittee must comply with (i) NFPA standards and (ii) 16
219-applicable local zoning and land-use rules. 17
220-(2) Employees. – All employees of the permittee engaged in the sale of fireworks 18
221-or sparkling devices must be at least 18 years of age. 19
222-(3) Fire suppression devices. – The permittee must maintain on the premises a 20
223-minimum of two portable fire extinguishers with a 2A rating. The fire 21
224-extinguishers shall be in two different locations within the premises of the 22
225-retailer, and at least one of the extinguishers shall be of the pressurized water 23
226-type, subject to additional provisions in NFPA standards. 24
227-(4) Required signs. – The permittee shall post signs prohibiting smoking on the 25
228-premises and discharge of fireworks and sparkling devices within 1,500 feet 26
229-of the premises in a manner specified by the Commissioner. 27
230-(c) In addition to the requirements set forth in subsections (a) and (b) of this section, a 28
231-permit issued for a consumer fireworks permanent retailer or consumer fireworks temporary 29
232-retailer shall comply with the following requirements: 30
233-(1) Setbacks. – Areas within 20 feet of the retailer's premises shall be kept free of 31
234-dry vegetation and other combustible debris. The retailer may not be located 32
235-within 300 feet of the following: 33
236-a. Retail establishments dispensing flammable or combustible liquids, 34
237-flammable gas, or flammable liquefied gas. 35
238-b. Above-ground storage tanks storing flammable or combustible liquids, 36
239-flammable gas, or flammable liquefied gas. 37
240-c. Propane dispensing stations. 38
241-(2) Smoking prohibited. – Smoking shall not be permitted inside the retailer's 39
242-premises, subject to the retailer's building location, layout, and restrictions. 40
243-(3) Egress requirements. – Means of egress, including aisles, doors, and exit 41
244-discharge, shall be clear at all times when the retailer is open to the public, 42
245-and aisles must be at least 48 inches in width. 43
246-(4) Fire safety. – The retailer shall create and maintain a fire safety and evacuation 44
247-plan in a form specified and approved by the Commissioner. 45
248-(5) Training. – No less than two management or supervisory employees of each 46
249-permittee subject to this subsection shall be Fireworks Safety and Education 47
250-Trainers. Fireworks Safety and Education Trainers shall be responsible for the 48
251-annual training of all employees on the function, safe handling, and best 49
252-practices regarding the safe use of all categories of consumer fireworks. Such 50 General Assembly Of North Carolina Session 2025
253-Page 6 House Bill 98-First Edition
254-training shall be documented on forms approved by the Commissioner and be 1
255-readily available at the request of the Commissioner. 2
256-(d) A permit issued to an incidental sparkling device retailer shall allow the sale of 3
257-sparkling devices and novelties only and shall require compliance with NFPA standards 4
258-applicable to sales of ground and handheld sparkling devices and novelties. 5
259-(e) Nothing in this section is meant to override any fire code applicable to a structure 6
260-regulated by this Part. If the fire code imposes a more stringent requirement, the fire code 7
261-requirement will apply instead of the standards imposed by this section. 8
262-"§ 58-82A-95. Permit fees. 9
263-The Commissioner may charge an applicant for a permit under G.S. 58-82A-90 the following 10
264-annual fees: 11
265-(1) One hundred dollars ($100.00) for an incidental sparkling device retailer 12
266-permit. 13
267-(2) Twenty-five dollars ($25.00) for the renewal of an incidental sparkling device 14
268-retailer permit. 15
269-(3) Five thousand dollars ($5,000) for a consumer fireworks permanent retailer 16
270-permit, a consumer fireworks temporary retailer permit, or a consumer 17
271-fireworks distributor permit. 18
272-(4) Two thousand five hundred dollars ($2,500) for the renewal of a consumer 19
273-fireworks permanent retailer permit, a consumer fireworks temporary retailer 20
274-permit, or a consumer fireworks distributor permit. 21
275-"§ 58-82A-100. Power of Commissioner to exclude certain categories of pyrotechnics from 22
276-definition of consumer fireworks. 23
277-The Commissioner, through the Office of State Fire Marshal and in consultation with the 24
278-State Fire and Rescue Commission, may by rule exclude certain types or categories of 25
279-pyrotechnics otherwise meeting the definition of "consumer fireworks" or "sparkling devices" 26
280-from the provisions of this Part upon a finding that the type or category of pyrotechnic presents 27
281-a significant and widespread risk of death, serious bodily injury, or substantial damage to public 28
282-or private property. Exclusion of any type or category of pyrotechnics pursuant to this section 29
283-must be evidence-based. 30
284-"§ 58-82A-105. Prohibition of consumer fireworks. 31
285-During periods of declared hazardous forest fire conditions, as referenced in G.S. 106-946, 32
286-the Commissioner, in consultation with the North Carolina Forest Service, is authorized to 33
287-prohibit all use of consumer fireworks otherwise permitted by this Part in all or part of the State. 34
288-The Commissioner shall issue a press release containing relevant details of the prohibition to 35
289-news media serving the area affected. 36
290-"§ 58-82A-110. Civil and criminal penalties for violations. 37
291-(a) Except as provided in this section, G.S. 14-415 and G.S. 58-2-70 shall apply to any 38
292-person violating any of the provisions of this Part. 39
293-(b) The Commissioner, a State law enforcement officer, a municipal law enforcement 40
294-officer, a code enforcement officer, or a fire safety official may petition the district court to seize 41
295-or remove, at the expense of the permit holder, fireworks sold, offered for sale, stored, possessed, 42
296-or used in violation of this Part. 43
297-(c) The Commissioner may order the payment of a civil penalty in addition to, or instead 44
298-of, suspending a permit, as set forth in G.S. 58-82A-115. 45
299-(d) Any person violating G.S. 58-82A-120 is guilty of a Class 1 misdemeanor. 46
300-"§ 58-82A-115. Prohibited activities. 47
301-(a) The Commissioner may suspend the permit of a person authorized to sell consumer 48
302-fireworks or sparkling devices, order the payment of a civil penalty, or both for engaging in any 49
303-of the following prohibited activities: 50
304-(1) Selling fireworks or explosives not authorized under this Part. 51 General Assembly Of North Carolina Session 2025
305-House Bill 98-First Edition Page 7
306-(2) Selling consumer fireworks or sparkling devices within the State without a 1
307-valid permit. 2
308-(3) Selling consumer fireworks or sparkling devices to a person who appears to 3
309-be under the influence of alcohol or drugs. 4
310-(4) Knowingly aiding or assisting in procuring, furnishing, giving, selling, or 5
311-delivering consumer fireworks or sparkling devices to a person under the age 6
312-of 18. It is an affirmative defense to any disciplinary action taken pursuant to 7
313-this subdivision that the permit holder procured, furnished, gave, sold, or 8
314-delivered consumer fireworks or sparkling devices to a person under the age 9
315-of 18 in reasonable reliance upon fraudulent proof of age presented to the 10
316-permit holder. 11
317-(5) Selling consumer fireworks or sparkling devices at a fireworks retail stand or 12
318-fireworks tent in violation of G.S. 58-82A-120. 13
319-(b) If the Commissioner orders the payment of a civil penalty pursuant to subsection (a) 14
320-of this section, the penalty shall not be less than one thousand dollars ($1,000) nor more than ten 15
321-thousand dollars ($10,000). In determining the amount of the penalty, the Commissioner shall 16
322-consider the degree and extent of harm caused by the violation, the amount of money that inured 17
323-to the benefit of the violator as a result of the violation, whether the violation was committed 18
324-willfully, and the prior record of the violator in complying or failing to comply with laws, rules, 19
325-or orders applicable to the violator. The clear proceeds of the penalty shall be remitted to the 20
326-Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Payment of the civil 21
327-penalty under this section shall be in addition to payment of any other penalty for a violation of 22
328-the criminal laws of this State. 23
329-(c) A person whose permit has been suspended or has been issued a civil penalty under 24
330-this section shall receive a hearing before the Commissioner within 10 days of the decision. If 25
331-the decision is upheld, the person may seek judicial review in superior court. 26
332-"§ 58-82A-120. Prohibition on certain retail stand and tent sales. 27
333-Except as provided in G.S. 58-82A-122, it shall be unlawful to sell, transfer, or distribute 28
334-consumer fireworks, sparkling devices, or novelties at a fireworks retail stand or a fireworks tent. 29
335-"§ 58-82A-122. Certain retail stand and tent sales permitted. 30
336-In addition to the requirements provided in this Part, a person may only sell, transfer, or 31
337-distribute consumer fireworks, sparkling devices, or novelties at a fireworks retail stand or a 32
338-fireworks tent if the following conditions are met: 33
339-(1) If the fireworks retailer does not own the property wherein the fireworks retail 34
340-stand or fireworks tent is located, the owner or custodian of said property shall 35
341-provide written confirmation that the fireworks retailer is authorized to 36
342-conduct business on the premises. 37
343-(2) There is adequate parking to accommodate customers of the fireworks retailer 38
344-and, if applicable, any other businesses that are on the premises. 39
345-"§ 58-82A-125. Labeling and safety requirements. 40
346-(a) Any consumer fireworks, sparkling devices, or novelties authorized to be sold under 41
347-this Part shall have a safety label affixed to the packaging of the firework in accordance with 16 42
348-C.F.R. § 1500.14(b)(7) prior to being sold in this State. 43
349-(b) When selling fireworks in this State, a fireworks retailer shall provide a safety 44
350-pamphlet created by the Office of State Fire Marshal to the purchaser of the firework with each 45
351-purchase. The pamphlet shall outline safe handling and best practices for the safe use of a 46
352-firework. 47
353-"§ 58-82A-130. Fireworks safety and education trainer. 48
354-The Commissioner shall create a training course, or identify existing training courses, to train 49
355-individuals on the function, safe handling, and best practices for the safe use of all categories of 50
356-consumer fireworks. The Commissioner shall also create and maintain a listing of persons that 51 General Assembly Of North Carolina Session 2025
357-Page 8 House Bill 98-First Edition
358-have completed a training course created or identified by the Commissioner under this section. 1
359-The Department may issue rules to implement this section, including reasonable requirements 2
360-for verification or certification that persons have met the training requirements of this section. 3
361-The Department may also charge a fee to cover the costs of implementing this section." 4
362-SECTION 6.(a) Article 6 of Chapter 153A of the General Statutes is amended by 5
363-adding a new section to read: 6
364-"§ 153A-130.1. Use and sales of consumer fireworks. 7
365-Notwithstanding G.S. 153A-128, a county may, by ordinance, regulate the use and sales of 8
366-consumer fireworks, sparkling devices, and novelties to the public pursuant to Part 2 of Article 9
367-82A of Chapter 58 of the General Statutes. An ordinance adopted pursuant to this section shall 10
368-be effective on October 1 following the adoption of the ordinance. The ordinance shall remain in 11
369-effect until the ordinance is repealed. If the ordinance is repealed, the repeal shall be effective on 12
370-October 1 following the repeal of the ordinance." 13
371-SECTION 6.(b) Article 8 of Chapter 160A of the General Statutes is amended by 14
372-adding a new section to read: 15
373-"§ 160A-190.1. Use and sales of consumer fireworks. 16
374-Notwithstanding G.S. 160A-183, a city may, by ordinance, regulate the use and sales of 17
375-consumer fireworks, sparkling devices, and novelties to the public pursuant to Part 2 of Article 18
376-82A of Chapter 58 of the General Statutes. An ordinance adopted pursuant to this section shall 19
377-be effective on October 1 following the adoption of the ordinance. The ordinance shall remain in 20
378-effect until the ordinance is repealed. If the ordinance is repealed, the repeal shall be effective on 21
379-October 1 following the repeal of the ordinance." 22
380-SECTION 6.(c) A county or city may adopt an ordinance pursuant to this section 23
381-any time after this act becomes law. For ordinances adopted pursuant to this section prior to 24
382-December 1, 2025, the ordinance shall be effective December 1, 2025. 25
383-SECTION 7. This act becomes effective December 1, 2025, and applies to offenses 26
384-committed on or after that date. Prosecutions for offenses committed before the effective date of 27
385-this act are not abated or affected by this act, and the statutes that would be applicable but for 28
386-this act remain applicable to those prosecutions. 29
47+for exhibitions or amusement purposes: provided, however, that nothing herein contained in this 35
48+section shall prevent the manufacture, purchase, sale, transportation, and use of explosives or 36
49+H.B. 98
50+Feb 11, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH10045-MH-26
53+signaling flares used in the course of ordinary business or industry, or shells or cartridges used 1
54+as ammunition in firearms. This Article shall not apply to the sale, use, or possession of the 2
55+following: 3
56+(1) Explosive caps designed to be fired in toy pistols, provided that the explosive 4
57+mixture of the explosive caps shall not exceed twenty-five hundredths (.25) of 5
58+a gram for each cap. 6
59+(2) Snake and glow worms composed of pressed pellets of a pyrotechnic mixture 7
60+that produce a large, snake-like ash when burning. 8
61+(3) Smoke devices consisting of a tube or sphere containing a pyrotechnic mixture 9
62+that produces white or colored smoke. 10
63+(4) Trick noisemakers which produce a small report designed to surprise the user 11
64+and which include: 12
65+a. A party popper, which is a small plastic or paper item containing not 13
66+in excess of 16 milligrams of explosive mixture. A string protruding 14
67+from the device is pulled to ignite the device, expelling paper 15
68+streamers and producing a small report. 16
69+b. A string popper, which is a small tube containing not in excess of 16 17
70+milligrams of explosive mixture with string protruding from both ends. 18
71+The strings are pulled to ignite the friction-sensitive mixture, 19
72+producing a small report. 20
73+c. A snapper or drop pop, which is a small, paper-wrapped item 21
74+containing no more than 16 milligrams of explosive mixture coated on 22
75+small bits of sand. When dropped, the device produces a small report. 23
76+(5) Wire sparklers consisting of wire or stick coated with nonexplosive 24
77+pyrotechnic mixture that produces a shower of sparks upon ignition. These 25
78+items must not exceed 100 grams of mixture per item. 26
79+(6) Other sparkling devices which emit showers of sparks and sometimes a 27
80+whistling or crackling effect when burning, do not detonate or explode, do not 28
81+spin, are hand-held or ground-based, cannot propel themselves through the 29
82+air, and contain not more than 75 grams of chemical compound per tube, or 30
83+not more than a total of 200 grams if multiple tubes are used. 31
84+(7) Novelties and sparkling devices, as those terms are defined in 32
85+G.S. 58-82A-80." 33
86+SECTION 3. G.S. 14-415 reads as rewritten: 34
87+"§ 14-415. Violation made misdemeanor. 35
88+Any person violating any of the provisions of this Article, except as otherwise specified in 36
89+said Article, shall be guilty of a Class 2 misdemeanor, except that it is a Class 1 misdemeanor if 37
90+the sale is in violation of G.S. 14-410(b) or if the exhibition is indoors." 38
91+SECTION 4. G.S. 58-82A-1 through G.S. 58-82A-55 are recodified as Part 1 of 39
92+Article 82A of Chapter 58 of the General Statutes, to be entitled: 40
93+"Part 1. Display Pyrotechnics Training and Permitting." 41
94+SECTION 5. Article 82A of Chapter 58 of the General Statutes is amended by 42
95+adding a new Part to read: 43
96+"Part 2. Consumer Fireworks. 44
97+"§ 58-82A-75. Purpose. 45
98+The sale, use, transport, possession, handling, or discharge of consumer fireworks shall be 46
99+permitted only in compliance with the provisions of this Part. 47
100+"§ 58-82A-80. Definitions. 48
101+The following definitions apply in this Part: 49
102+(1) Consumer fireworks. – Any small fireworks device designed primarily to 50
103+produce visible effects by combustion or deflagration that (i) is categorized as 51 General Assembly Of North Carolina Session 2025
104+DRH10045-MH-26 Page 3
105+a 1.4G firework device under Standard 87-1 of the American Pyrotechnics 1
106+Association and (ii) complies with the construction, chemical composition, 2
107+and labeling regulations of the United States Consumer Product Safety 3
108+Commission, as set forth in the Code of Federal Regulations, volumes 16 and 4
109+49. 5
110+(2) Consumer fireworks distributor. – A person owning or otherwise controlling 6
111+a facility where consumer fireworks are stored or otherwise maintained for 7
112+distribution to fireworks retailers permitted under this Part. 8
113+(3) Consumer fireworks permanent retailer. – A person that sells only "consumer 9
114+fireworks," "sparkling devices," "novelties," and related items from a 10
115+consumer fireworks retail establishment. 11
116+(4) Consumer fireworks retail establishment. – A structure that is designed, 12
117+planned, and constructed to remain in one location that is operated by a 13
118+consumer fireworks permanent retailer as a retail facility. 14
119+(5) Consumer fireworks temporary retailer. – A person that sells only "consumer 15
120+fireworks," "sparkling devices," "novelties," and related items from a 16
121+fireworks retail stand or a fireworks tent. 17
122+(6) Fireworks retail stand. – A building or structure with a floor area not greater 18
123+than 800 square feet, other than a fireworks tent. Stands may include 19
124+buildings, manufactured buildings, trailers, shipping containers, and 20
125+temporary structures constructed from plywood, sheet metal, or similar 21
126+materials. 22
127+(7) Fireworks retailer. – A consumer fireworks permanent retailer, consumer 23
128+fireworks temporary retailer, or an incidental sparkling device retailer 24
129+permitted under this Part. 25
130+(8) Fireworks safety and education trainer. – A person who has completed 26
131+training on the function, safe handling, and best practices for the safe use of 27
132+all categories of consumer fireworks under G.S. 58-82A-130 and annually 28
133+registers with the Department. 29
134+(9) Fireworks tent. – A tent, canopy, or membrane structure with a floor area not 30
135+greater than 1,500 square feet that is not permanently installed. 31
136+(10) Incidental sparkling device retailer. – A person selling only sparkling devices 32
137+and novelties that is not a consumer fireworks permanent retailer or consumer 33
138+fireworks temporary retailer as defined by this section. 34
139+(11) NFPA standards. – Standard 1124 of the National Fire Protection Association, 35
140+2017 edition, as it applies to the retail sale or distribution of consumer 36
141+fireworks, except as otherwise specified by this Part. 37
142+(12) Novelties. – Snaps, party poppers, snakes, glow worms, toy smoke devices, 38
143+and certain wire sparklers and dipped sticks containing 5 grams or less of 39
144+pyrotechnic composition. The specification of novelties under this subdivision 40
145+shall substantially follow the definition of these devices under Standard 87-1 41
146+of the American Pyrotechnics Association. 42
147+(13) Public space. – Any building or area open to the public, whether privately or 43
148+publicly owned. Public space includes restaurants, theaters, stadiums, arenas, 44
149+retail establishments, and shopping malls. 45
150+(14) Sparkling devices. – Consumer fireworks and novelties that do not rise into 46
151+the air, do not fire inserts or projectiles into the air, and do not explode or 47
152+produce a report. The specification of sparkling devices under this subdivision 48
153+shall substantially follow the definition of "ground and handheld sparkling 49
154+devices" under Standard 87-1 of the American Pyrotechnics Association. 50
155+"§ 58-82A-85. Possession and use of consumer fireworks. 51 General Assembly Of North Carolina Session 2025
156+Page 4 DRH10045-MH-26
157+(a) The possession of consumer fireworks is allowed in this State, subject to the following 1
158+requirements and conditions. 2
159+(b) The use and sale of consumer fireworks is prohibited within a county or city unless 3
160+that county or city has adopted an ordinance to allow the use and sale of consumer fireworks in 4
161+accordance with G.S. 153A-130.1 and G.S. 160A-190.1. 5
162+(c) The possession and use of consumer fireworks is subject to the following conditions: 6
163+(1) The person possessing or using the consumer fireworks must be at least 18 7
164+years old. 8
165+(2) The use of consumer fireworks may occur only between the hours of 10:00 9
166+A.M. and 10:00 P.M., with the following exceptions: 10
167+a. On July 4, use is permitted until 12:00 A.M. 11
168+b. On December 31 and the following January 1, use is permitted from 12
169+8:00 A.M. on December 31 until 12:30 A.M. on January 1. 13
170+(3) The use of consumer fireworks is prohibited in the following locations: 14
171+a. In or on the premises of a public or private primary or secondary 15
172+school, unless the person has written authorization from the school. 16
173+b. On the campus of a college or university, unless the person has 17
174+received written authorization from the college or university. 18
175+c. Within 1,500 feet of a hospital, veterinary hospital, animal care 19
176+facility, licensed child care facility, fireworks retailer, fireworks 20
177+distributor, gas station, or bulk storage facility for petroleum products 21
178+or other explosive or flammable substances. 22
179+(4) The possession or use of consumer fireworks is prohibited in or on the 23
180+premises of any public park or public space, except as otherwise permitted by 24
181+the person, State agency, or unit of local government owning or otherwise 25
182+controlling the public park, property, or public space. 26
183+(d) No county or city may restrict or exclude the transportation of consumer fireworks 27
184+across or through the county or city. Nothing in this subsection is intended to prevent reasonable 28
185+transportation-related restrictions applicable to all vehicles or a class of vehicles regardless of 29
186+cargo, such as vehicle weight limits or truck route restrictions in accordance with U.S. 30
187+Department of Transportation regulations. 31
188+"§ 58-82A-90. Sale of consumer fireworks; permit required. 32
189+(a) No person shall sell consumer fireworks, sparkling devices, or novelties in this State 33
190+unless the person holds a permit issued under this Part from the Commissioner. The 34
191+Commissioner shall issue rules to implement this section. Permits of a fireworks retailer shall be 35
192+posted in a location visible to members of the public visiting the retailer. The Commissioner shall 36
193+issue a permit to a person who meets the following conditions: 37
194+(1) Is 21 years of age or older. 38
195+(2) Complies with all of the requirements of this Part. 39
196+(3) Has not been convicted of a felony and has not received a pardon. 40
197+(4) Has not been convicted of an offense for a violation of State or federal law, or 41
198+been found in violation of any municipal ordinance, involving fireworks or 42
199+explosives within five years prior to the date of the application for the permit. 43
200+(5) Maintains at all times public liability and product liability insurance with 44
201+minimum coverage limits of five million dollars ($5,000,000) to cover losses, 45
202+damages, or injury that might occur as a result of the person selling consumer 46
203+fireworks. The Commissioner, by rule, may increase the amount of liability 47
204+insurance required to be maintained by a fireworks retailer. In determining 48
205+whether to increase the amount of required liability insurance, the 49
206+Commissioner shall consider the maximum amount of inventory the fireworks 50
207+retailer will have on hand at a given time, any property located within 1,000 51 General Assembly Of North Carolina Session 2025
208+DRH10045-MH-26 Page 5
209+feet of the property wherein the fireworks will be stored or sold, and any other 1
210+factors the Commissioner deems important. 2
211+(6) Submits the application for a permit no less than 120 days prior to the date the 3
212+applicant proposes to begin sales of consumer fireworks under this Part. 4
213+(7) Provides a lease or evidence of ownership of the site of the proposed fireworks 5
214+retailer for no less than the duration of the permit. A consumer fireworks 6
215+temporary retailer or incidental sparkling device retailer operating out of a 7
216+fireworks retail stand or fireworks tent located at a site not owned by the 8
217+retailer may comply with this subdivision by providing the required 9
218+authorization under G.S. 58-82A-122. 10
219+(b) A person issued a permit under this Part shall comply with the following 11
220+requirements: 12
221+(1) Standards. – The permittee must comply with (i) NFPA standards and (ii) 13
222+applicable local zoning and land-use rules. 14
223+(2) Employees. – All employees of the permittee engaged in the sale of fireworks 15
224+or sparkling devices must be at least 18 years of age. 16
225+(3) Fire suppression devices. – The permittee must maintain on the premises a 17
226+minimum of two portable fire extinguishers with a 2A rating. The fire 18
227+extinguishers shall be in two different locations within the premises of the 19
228+retailer, and at least one of the extinguishers shall be of the pressurized water 20
229+type, subject to additional provisions in NFPA standards. 21
230+(4) Required signs. – The permittee shall post signs prohibiting smoking on the 22
231+premises and discharge of fireworks and sparkling devices within 1,500 feet 23
232+of the premises in a manner specified by the Commissioner. 24
233+(c) In addition to the requirements set forth in subsections (a) and (b) of this section, a 25
234+permit issued for a consumer fireworks permanent retailer or consumer fireworks temporary 26
235+retailer shall comply with the following requirements: 27
236+(1) Setbacks. – Areas within 20 feet of the retailer's premises shall be kept free of 28
237+dry vegetation and other combustible debris. The retailer may not be located 29
238+within 300 feet of the following: 30
239+a. Retail establishments dispensing flammable or combustible liquids, 31
240+flammable gas, or flammable liquefied gas. 32
241+b. Above-ground storage tanks storing flammable or combustible liquids, 33
242+flammable gas, or flammable liquefied gas. 34
243+c. Propane dispensing stations. 35
244+(2) Smoking prohibited. – Smoking shall not be permitted inside the retailer's 36
245+premises, subject to the retailer's building location, layout, and restrictions. 37
246+(3) Egress requirements. – Means of egress, including aisles, doors, and exit 38
247+discharge, shall be clear at all times when the retailer is open to the public, 39
248+and aisles must be at least 48 inches in width. 40
249+(4) Fire safety. – The retailer shall create and maintain a fire safety and evacuation 41
250+plan in a form specified and approved by the Commissioner. 42
251+(5) Training. – No less than two management or supervisory employees of each 43
252+permittee subject to this subsection shall be Fireworks Safety and Education 44
253+Trainers. Fireworks Safety and Education Trainers shall be responsible for the 45
254+annual training of all employees on the function, safe handling, and best 46
255+practices regarding the safe use of all categories of consumer fireworks. Such 47
256+training shall be documented on forms approved by the Commissioner and be 48
257+readily available at the request of the Commissioner. 49 General Assembly Of North Carolina Session 2025
258+Page 6 DRH10045-MH-26
259+(d) A permit issued to an incidental sparkling device retailer shall allow the sale of 1
260+sparkling devices and novelties only and shall require compliance with NFPA standards 2
261+applicable to sales of ground and handheld sparkling devices and novelties. 3
262+(e) Nothing in this section is meant to override any fire code applicable to a structure 4
263+regulated by this Part. If the fire code imposes a more stringent requirement, the fire code 5
264+requirement will apply instead of the standards imposed by this section. 6
265+"§ 58-82A-95. Permit fees. 7
266+The Commissioner may charge an applicant for a permit under G.S. 58-82A-90 the following 8
267+annual fees: 9
268+(1) One hundred dollars ($100.00) for an incidental sparkling device retailer 10
269+permit. 11
270+(2) Twenty-five dollars ($25.00) for the renewal of an incidental sparkling device 12
271+retailer permit. 13
272+(3) Five thousand dollars ($5,000) for a consumer fireworks permanent retailer 14
273+permit, a consumer fireworks temporary retailer permit, or a consumer 15
274+fireworks distributor permit. 16
275+(4) Two thousand five hundred dollars ($2,500) for the renewal of a consumer 17
276+fireworks permanent retailer permit, a consumer fireworks temporary retailer 18
277+permit, or a consumer fireworks distributor permit. 19
278+"§ 58-82A-100. Power of Commissioner to exclude certain categories of pyrotechnics from 20
279+definition of consumer fireworks. 21
280+The Commissioner, through the Office of State Fire Marshal and in consultation with the 22
281+State Fire and Rescue Commission, may by rule exclude certain types or categories of 23
282+pyrotechnics otherwise meeting the definition of "consumer fireworks" or "sparkling devices" 24
283+from the provisions of this Part upon a finding that the type or category of pyrotechnic presents 25
284+a significant and widespread risk of death, serious bodily injury, or substantial damage to public 26
285+or private property. Exclusion of any type or category of pyrotechnics pursuant to this section 27
286+must be evidence-based. 28
287+"§ 58-82A-105. Prohibition of consumer fireworks. 29
288+During periods of declared hazardous forest fire conditions, as referenced in G.S. 106-946, 30
289+the Commissioner, in consultation with the North Carolina Forest Service, is authorized to 31
290+prohibit all use of consumer fireworks otherwise permitted by this Part in all or part of the State. 32
291+The Commissioner shall issue a press release containing relevant details of the prohibition to 33
292+news media serving the area affected. 34
293+"§ 58-82A-110. Civil and criminal penalties for violations. 35
294+(a) Except as provided in this section, G.S. 14-415 and G.S. 58-2-70 shall apply to any 36
295+person violating any of the provisions of this Part. 37
296+(b) The Commissioner, a State law enforcement officer, a municipal law enforcement 38
297+officer, a code enforcement officer, or a fire safety official may petition the district court to seize 39
298+or remove, at the expense of the permit holder, fireworks sold, offered for sale, stored, possessed, 40
299+or used in violation of this Part. 41
300+(c) The Commissioner may order the payment of a civil penalty in addition to, or instead 42
301+of, suspending a permit, as set forth in G.S. 58-82A-115. 43
302+(d) Any person violating G.S. 58-82A-120 is guilty of a Class 1 misdemeanor. 44
303+"§ 58-82A-115. Prohibited activities. 45
304+(a) The Commissioner may suspend the permit of a person authorized to sell consumer 46
305+fireworks or sparkling devices, order the payment of a civil penalty, or both for engaging in any 47
306+of the following prohibited activities: 48
307+(1) Selling fireworks or explosives not authorized under this Part. 49
308+(2) Selling consumer fireworks or sparkling devices within the State without a 50
309+valid permit. 51 General Assembly Of North Carolina Session 2025
310+DRH10045-MH-26 Page 7
311+(3) Selling consumer fireworks or sparkling devices to a person who appears to 1
312+be under the influence of alcohol or drugs. 2
313+(4) Knowingly aiding or assisting in procuring, furnishing, giving, selling, or 3
314+delivering consumer fireworks or sparkling devices to a person under the age 4
315+of 18. It is an affirmative defense to any disciplinary action taken pursuant to 5
316+this subdivision that the permit holder procured, furnished, gave, sold, or 6
317+delivered consumer fireworks or sparkling devices to a person under the age 7
318+of 18 in reasonable reliance upon fraudulent proof of age presented to the 8
319+permit holder. 9
320+(5) Selling consumer fireworks or sparkling devices at a fireworks retail stand or 10
321+fireworks tent in violation of G.S. 58-82A-120. 11
322+(b) If the Commissioner orders the payment of a civil penalty pursuant to subsection (a) 12
323+of this section, the penalty shall not be less than one thousand dollars ($1,000) nor more than ten 13
324+thousand dollars ($10,000). In determining the amount of the penalty, the Commissioner shall 14
325+consider the degree and extent of harm caused by the violation, the amount of money that inured 15
326+to the benefit of the violator as a result of the violation, whether the violation was committed 16
327+willfully, and the prior record of the violator in complying or failing to comply with laws, rules, 17
328+or orders applicable to the violator. The clear proceeds of the penalty shall be remitted to the 18
329+Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Payment of the civil 19
330+penalty under this section shall be in addition to payment of any other penalty for a violation of 20
331+the criminal laws of this State. 21
332+(c) A person whose permit has been suspended or has been issued a civil penalty under 22
333+this section shall receive a hearing before the Commissioner within 10 days of the decision. If 23
334+the decision is upheld, the person may seek judicial review in superior court. 24
335+"§ 58-82A-120. Prohibition on certain retail stand and tent sales. 25
336+Except as provided in G.S. 58-82A-122, it shall be unlawful to sell, transfer, or distribute 26
337+consumer fireworks, sparkling devices, or novelties at a fireworks retail stand or a fireworks tent. 27
338+"§ 58-82A-122. Certain retail stand and tent sales permitted. 28
339+In addition to the requirements provided in this Part, a person may only sell, transfer, or 29
340+distribute consumer fireworks, sparkling devices, or novelties at a fireworks retail stand or a 30
341+fireworks tent if the following conditions are met: 31
342+(1) If the fireworks retailer does not own the property wherein the fireworks retail 32
343+stand or fireworks tent is located, the owner or custodian of said property shall 33
344+provide written confirmation that the fireworks retailer is authorized to 34
345+conduct business on the premises. 35
346+(2) There is adequate parking to accommodate customers of the fireworks retailer 36
347+and, if applicable, any other businesses that are on the premises. 37
348+"§ 58-82A-125. Labeling and safety requirements. 38
349+(a) Any consumer fireworks, sparkling devices, or novelties authorized to be sold under 39
350+this Part shall have a safety label affixed to the packaging of the firework in accordance with 16 40
351+C.F.R. § 1500.14(b)(7) prior to being sold in this State. 41
352+(b) When selling fireworks in this State, a fireworks retailer shall provide a safety 42
353+pamphlet created by the Office of State Fire Marshal to the purchaser of the firework with each 43
354+purchase. The pamphlet shall outline safe handling and best practices for the safe use of a 44
355+firework. 45
356+"§ 58-82A-130. Fireworks safety and education trainer. 46
357+The Commissioner shall create a training course, or identify existing training courses, to train 47
358+individuals on the function, safe handling, and best practices for the safe use of all categories of 48
359+consumer fireworks. The Commissioner shall also create and maintain a listing of persons that 49
360+have completed a training course created or identified by the Commissioner under this section. 50
361+The Department may issue rules to implement this section, including reasonable requirements 51 General Assembly Of North Carolina Session 2025
362+Page 8 DRH10045-MH-26
363+for verification or certification that persons have met the training requirements of this section. 1
364+The Department may also charge a fee to cover the costs of implementing this section." 2
365+SECTION 6.(a) Article 6 of Chapter 153A of the General Statutes is amended by 3
366+adding a new section to read: 4
367+"§ 153A-130.1. Use and sales of consumer fireworks. 5
368+Notwithstanding G.S. 153A-128, a county may, by ordinance, regulate the use and sales of 6
369+consumer fireworks, sparkling devices, and novelties to the public pursuant to Part 2 of Article 7
370+82A of Chapter 58 of the General Statutes. An ordinance adopted pursuant to this section shall 8
371+be effective on October 1 following the adoption of the ordinance. The ordinance shall remain in 9
372+effect until the ordinance is repealed. If the ordinance is repealed, the repeal shall be effective on 10
373+October 1 following the repeal of the ordinance." 11
374+SECTION 6.(b) Article 8 of Chapter 160A of the General Statutes is amended by 12
375+adding a new section to read: 13
376+"§ 160A-190.1. Use and sales of consumer fireworks. 14
377+Notwithstanding G.S. 160A-183, a city may, by ordinance, regulate the use and sales of 15
378+consumer fireworks, sparkling devices, and novelties to the public pursuant to Part 2 of Article 16
379+82A of Chapter 58 of the General Statutes. An ordinance adopted pursuant to this section shall 17
380+be effective on October 1 following the adoption of the ordinance. The ordinance shall remain in 18
381+effect until the ordinance is repealed. If the ordinance is repealed, the repeal shall be effective on 19
382+October 1 following the repeal of the ordinance." 20
383+SECTION 6.(c) A county or city may adopt an ordinance pursuant to this section 21
384+any time after this act becomes law. For ordinances adopted pursuant to this section prior to 22
385+December 1, 2025, the ordinance shall be effective December 1, 2025. 23
386+SECTION 7. This act becomes effective December 1, 2025, and applies to offenses 24
387+committed on or after that date. Prosecutions for offenses committed before the effective date of 25
388+this act are not abated or affected by this act, and the statutes that would be applicable but for 26
389+this act remain applicable to those prosecutions. 27