2005 Minnesota Statutes

     624.22 Fireworks displays; permit; operator 
  certification. 

    Subdivision 1.    General requirements; permit; 
 investigation; fee.  (a) Sections 624.20 to 624.25 do not 
 prohibit the supervised display of fireworks by a statutory or 
 home rule charter city, fair association, amusement park, or 
 other organization, except that: 

    (1) a fireworks display may be conducted only when 
 supervised by an operator certified by the state fire marshal; 
 and 

    (2) a fireworks display must either be given by a 
 municipality or fair association within its own limits, or by 
 any other organization, whether public or private, only after a 
 permit for the display has first been secured.  

    (b) An application for a permit for an outdoor fireworks 
 display must be made in writing to the municipal clerk at least 
 15 days in advance of the date of the display and must list the 
 name of an operator who is certified by the state fire marshal 
 and will supervise the display.  The application must be 
 promptly referred to the chief of the fire department, who shall 
 make an investigation to determine whether the operator of the 
 display is competent and is certified by the state fire marshal, 
 and whether the display is of such a character and is to be so 
 located, discharged, or fired that it will not be hazardous to 
 property or endanger any person.  The fire chief shall report 
 the results of this investigation to the clerk.  If the fire 
 chief reports that the operator is certified, that in the 
 chief's opinion the operator is competent, and that the 
 fireworks display as planned will conform to the safety 
 guidelines of the state fire marshal provided for in paragraph 
 (f), the clerk shall issue a permit for the display when the 
 applicant pays a permit fee.  

    (c) When the supervised outdoor fireworks display for which 
 a permit is sought is to be held outside the limits of an 
 incorporated municipality, the application must be made to the 
 county auditor, and the auditor shall perform duties imposed by 
 sections 624.20 to 624.25 upon the clerk of the municipality.  
 When an application is made to the auditor, the county sheriff 
 shall perform the duties imposed on the fire chief of the 
 municipality by sections 624.20 to 624.25.  

    (d) An application for an indoor fireworks display permit 
 must be made in writing to the state fire marshal by the 
 operator of the facility in which the display is to occur at 
 least 15 days in advance of the date of any performance, show, 
 or event which will include the discharge of fireworks inside a 
 building or structure.  The application must list the name of an 
 operator who is certified by the state fire marshal and will 
 supervise the display.  The state fire marshal shall make an 
 investigation to determine whether the operator of the display 
 is competent and is properly certified and whether the display 
 is of such a character and is to be so located, discharged, or 
 fired that it will not be hazardous to property or endanger any 
 person.  If the state fire marshal determines that the operator 
 is certified and competent, that the indoor fireworks display as 
 planned will conform to the safety guidelines provided for in 
 paragraph (f), and that adequate notice will be given to inform 
 patrons of the indoor fireworks display, the state fire marshal 
 shall issue a permit for the display when the applicant pays an 
 indoor fireworks fee of $150 and reimburses the fire marshal for 
 costs of inspection.  Receipts from the indoor fireworks fee and 
 inspection reimbursements must be deposited in the general fund 
 as a nondedicated receipt.  The state fire marshal may issue a 
 single permit for multiple indoor fireworks displays when all of 
 the displays are to take place at the same venue as part of a 
 series of performances by the same performer or group of 
 performers.  A copy of the application must be promptly conveyed 
 to the chief of the local fire department, who shall make 
 appropriate preparations to ensure public safety in the vicinity 
 of the display.  The operator of a facility where an indoor 
 fireworks display occurs must provide notice in a prominent 
 place as approved by the state fire marshal to inform patrons 
 attending a performance when indoor fireworks will be part of 
 that performance.  The state fire marshal may grant a local fire 
 chief the authority to issue permits for indoor fireworks 
 displays.  Before issuing a permit, a local fire chief must make 
 the determinations required in this paragraph.  

    (e) After a permit has been granted under either paragraph 
 (b) or (d), sales, possession, use and distribution of fireworks 
 for a display are lawful for that purpose only.  A permit is not 
 transferable.  

    (f) The state fire marshal shall adopt and disseminate to 
 political subdivisions rules establishing guidelines on 
 fireworks display safety that are consistent with sections 
 624.20 to 624.25 and the most recent edition of the State Fire 
 Code, to insure that fireworks displays are given safely.  In 
 the guidelines, the state fire marshal shall allow political 
 subdivisions to exempt the use of relatively safe fireworks for 
 theatrical special effects, ceremonial occasions, and other 
 limited purposes, as determined by the state fire marshal. 

    Subd. 2.    Operator certification requirements.  (a) An 
 applicant to be a supervising operator of a fireworks display 
 shall meet the requirements of this subdivision before the 
 applicant is certified by the state fire marshal. 

    (b) An applicant must be at least 21 years old. 

    (c) An applicant must have completed a written examination, 
 administered or approved by the state fire marshal, and achieved 
 a passing score of at least 70 percent.  The state fire marshal 
 must be satisfied that achieving a passing score on the 
 examination satisfactorily demonstrates the applicant's 
 knowledge of statutes, codes, and nationally recognized 
 standards concerning safe practices for the discharge and 
 display of fireworks. 

    (d) An applicant shall apply in writing to the state fire 
 marshal by completing and signing an application form provided 
 by the state fire marshal. 

    (e) An applicant shall submit evidence of experience, which 
 must include active participation as an assistant or operator in 
 the performance of at least five fireworks displays, at least 
 one of which must have occurred in the current or preceding year.

    Subd. 3.    Certification application; fee.  An 
 applicant shall submit a completed initial application form 
 including references and evidence of experience and successful 
 completion of the written examination.  Applicants shall pay a 
 certification fee of $100 to the State Fire Marshal Division of 
 the Department of Public Safety.  The state fire marshal shall 
 review the application and send to the applicant written 
 confirmation or denial of certification within 30 days of 
 receipt of the application.  Certification is valid for a period 
 of four years from the date of issuance.  

    Subd. 4.    Classification.  When an applicant has met 
 the requirements of subdivisions 2 and 3, the state fire marshal 
 shall certify and classify the operator for supervising 
 proximate audience displays, including indoor fireworks 
 displays, for supervising traditional outdoor fireworks 
 displays, or for supervising both types of displays, based on 
 the operator's documented experience. 

    Subd. 5.    Responsibilities of operator.  The operator 
 is responsible for ensuring the fireworks display is organized 
 and operated in accordance with the state fire marshal's 
 guidelines described in subdivision 1.  

    Subd. 6.    Reports.  (a) The certified operator shall 
 submit a written report to the state fire marshal within ten 
 days following a fireworks display conducted by the operator if 
 any of the following occurred:  

    (1) an injury to any person resulting from the display of 
 fireworks; 

    (2) a fire or damage to property resulting from the display 
 of fireworks; or 

    (3) an unsafe or defective pyrotechnic product or equipment 
 was used or observed.  

    (b) The certified operator shall submit a written report to 
 the state fire marshal within 30 days following any other 
 fireworks displays supervised by the operator. 

    (c) The state fire marshal may require other information 
 from operators relating to fireworks displays. 

    Subd. 7.    Operator certification renewal.  An 
 applicant shall submit a completed renewal application form 
 prepared and provided by the state fire marshal, which must 
 include at least the dates, locations, and authorities issuing 
 the permits for at least three fireworks displays participated 
 in or supervised by the applicant and conducted during the past 
 four years.  An applicant shall pay a certification renewal fee 
 of $100 to the State Fire Marshal Division of the Department of 
 Public Safety.  The state fire marshal shall review the 
 application and send to the applicant written confirmation or 
 denial of certification renewal within 30 days of receipt of the 
 application.  Certification is valid for a period of four years 
 from the date of issuance.  

    Subd. 8.    Suspension, revocation, or refusal to renew 
 certification.  The state fire marshal may suspend, revoke, or 
 refuse to renew certification of an operator if the operator has:

    (1) submitted a fraudulent application; 

    (2) caused or permitted a fire or safety hazard to exist or 
 occur during the storage, transportation, handling, preparation, 
 or use of fireworks; 

    (3) conducted a display of fireworks without receipt of a 
 permit required by the state or a political subdivision; 

    (4) conducted a display of fireworks with assistants who 
 were not at least 18 years of age, properly instructed, and 
 continually supervised; or 

    (5) otherwise failed to comply with any federal or state 
 law or regulation, or the guidelines, relating to fireworks. 

    Subd. 9.    Database.  The commissioner of public safety 
 shall maintain a database of the information required under this 
 section for purposes of (1) law enforcement, (2) investigative 
 inquiries made under subdivision 1, and (3) the accumulation and 
 statistical analysis of information relative to fireworks 
 displays. 

    HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 
 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art 1 s 23; 
 1Sp2003 c 2 art 4 s 28; 2005 c 136 art 9 s 13