HF 713

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

A bill for an act
relating to public safety; authorizing limited personal use of fireworks; requiring
an affidavit of safety guidelines; providing for criminal penalties; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 624.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [624.222] FIREWORKS; LIMITED PERSONAL USE;
AUTHORIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Limited personal use of fireworks. new text end

new text begin Notwithstanding sections
624.20 to 624.25, 1.4G fireworks may be used or ignited for personal use only. A seller
at retail may offer for sale, advertise, or sell at retail 1.4G fireworks, as defined in Code
of Federal Regulations, title 49, for personal use. All 1.4G fireworks held for sale under
this section must carry a label warning that personal use only is permitted. Personal use
of fireworks is not permitted on public property. Anyone selling 1.4G fireworks under
this section must post in a conspicuous location the following warning in block letters not
less than one inch in height: "FIREWORKS MAY BE PURCHASED FOR PERSONAL
USE ONLY UNDER MINNESOTA STATUTES, SECTION 624.222." A seller at retail
of 1.4G fireworks shall require each purchaser of 1.4G fireworks for limited personal
use to complete an application stating that:
new text end

new text begin (1) the purchaser is 18 years of age or older verified by a photograph identification;
new text end

new text begin (2) the purchaser has received a copy of fireworks use safety information;
new text end

new text begin (3) the purchaser agrees to use the 1.4G fireworks in Minnesota only; and
new text end

new text begin (4) the purchaser agrees to supervise and be responsible for any use of 1.4G
fireworks.
new text end

new text begin Subd. 2. new text end

new text begin Licensing of sales facilities. new text end

new text begin 1.4G fireworks shall be sold only from
facilities that are licensed by the state fire marshal and that meet the following criteria:
new text end

new text begin (1) the facility must be limited in size to 5,000 square feet of selling area to which
the public may be admitted;
new text end

new text begin (2) aisles in the facility shall be a minimum of four feet wide, and kept free and
unobstructed at all times;
new text end

new text begin (3) there must be one exit door for every 1,000 square feet of selling space to which
the public may be admitted, with a minimum of three emergency exit doors in the facility;
new text end

new text begin (4) the exit doors shall be metal and equipped with push-panic locks;
new text end

new text begin (5) exit doors shall be clearly marked with lighted exit signs with battery backups;
new text end

new text begin (6) the facility must be a stand-alone building;
new text end

new text begin (7) the facility shall be equipped with an adequate number of smoke detectors in
both the retail and storage areas for which smoke detectors shall be inspected and tested
annually and prior to the opening of the facility;
new text end

new text begin (8) storage areas shall be separated from areas to which the public may be admitted
by appropriately rated fire separation walls;
new text end

new text begin (9) the facility shall be located no closer than 50 feet from any facility selling or
dispensing gasoline, propane, or other flammable products;
new text end

new text begin (10) portable fire extinguishing equipment shall be located in the premises at
all times, with one fire extinguisher located every 75 feet of travel space. The fire
extinguishers shall be inspected and certified annually and prior to the opening of the
facility; and
new text end

new text begin (11) no 1.4G fireworks sales facility shall be located within 250 feet of another 1.4G
fireworks sales facility, with priority being given on a first-come basis.
new text end

new text begin Subd. 3. new text end

new text begin License applications; fees. new text end

new text begin Applications for licenses to sell 1.4G fireworks
shall be submitted to the state fire marshal by January 15 of each year on forms prescribed
and provided by the state fire marshal. Licenses shall be issued no later than March 1
of each year. The license application shall be accompanied by an annual license fee of
$5,000. The fire marshal shall deposit the fee in the general fund. There shall be an
annual inspection of the facility to ensure that all rules are followed. No license may be
issued to any convicted felons or to entities where a convicted felon owns five percent or
more of the equity.
new text end

new text begin Subd. 4. new text end

new text begin Operational requirements. new text end

new text begin The 1.4G fireworks sales facility shall be
exclusively dedicated to the sale of 1.4G fireworks and related items, and the facility shall
operate in accordance with the following rules:
new text end

new text begin (1) there must be certified security personnel on the premises;
new text end

new text begin (2) no smoking may be permitted in the facility;
new text end

new text begin (3) no cigarettes or tobacco products, matches, lighters, or any other flame-producing
devices may be permitted in the facility;
new text end

new text begin (4) no minors may be permitted in the facility unless accompanied by an adult, and
the minors must stay with the adult in the facility;
new text end

new text begin (5) all 1.4G fireworks sold in the facility must comply with the United States
Consumer Product Safety Commission standards;
new text end

new text begin (6) all facilities must carry at least $2,000,000 in personal and product liability
insurance;
new text end

new text begin (7) all licensees must attend at least six hours of training per year, the training to be
given by the state fire marshal in the area of operational safety;
new text end

new text begin (8) no 1.3G, commercial, Class B, fireworks shall be stored or located at the facility;
new text end

new text begin (9) no person under the influence of intoxicating liquor or drugs may be admitted to
the facility and no liquor, beer, or wine may be permitted in the facility;
new text end

new text begin (10) no fireworks may be ignited within 300 feet of a licensed 1.4G fireworks
sales facility;
new text end

new text begin (11) there must be no sale of 1.4G fireworks from tents or temporary structures;
new text end

new text begin (12) emergency evacuation plans must be conspicuously posted in appropriate
locations within the facility; and
new text end

new text begin (13) information on safe use of fireworks must be distributed to all purchasers.
new text end

new text begin Subd. 5. new text end

new text begin Exemption for novelty items. new text end

new text begin Sale of novelty items which include, but
are not limited to, snake or glow worms, smoke devices, party poppers, snappers, drop
pops, and sparklers are exempt from the licensing requirements specified in subdivisions
2 and 3 and the operational requirements specified in subdivision 4. A seller at retail of
novelty items shall require each purchaser of novelty items for limited personal use to
complete an application stating that:
new text end

new text begin (1) the purchaser is 18 years of age or older verified by photograph identification;
new text end

new text begin (2) the purchaser has received a copy of fireworks use safety information; and
new text end

new text begin (3) the purchaser agrees to supervise and be responsible for any use of novelty
items by minors.
new text end

new text begin Subd. 6. new text end

new text begin Fireworks safety guidelines. new text end

new text begin The state fire marshal shall disseminate
information on 1.4G fireworks safety designed to ensure that personal use and ignition of
1.4G fireworks each year follows best fireworks safety practices.
new text end

new text begin Subd. 7. new text end

new text begin Penalty. new text end

new text begin A person who uses or ignites any fireworks in violation of this
section is guilty of a petty misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $250,000 for fiscal year 2010 is appropriated from the general fund to the
commissioner of public safety to administer section 1.
new text end