HF 1543

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; authorizing limited 
  1.3             personal use of fireworks; requiring an affidavit of 
  1.4             safety guidelines; providing for criminal penalties; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 624. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [624.222] [FIREWORKS; LIMITED PERSONAL USE; 
  1.9   AUTHORIZATION.] 
  1.10     Subdivision 1.  [LIMITED PERSONAL USE OF 
  1.11  FIREWORKS.] Notwithstanding sections 624.20 to 624.25, 1.4G 
  1.12  fireworks may be used or ignited from July 1 to July 7 and 
  1.13  December 25 to January 2 of each year for personal use only.  A 
  1.14  seller at retail may offer for sale, advertise, or sell at 
  1.15  retail 1.4G fireworks, as defined in Code of Federal 
  1.16  Regulations, title 49, for personal use from May 1 to July 15 
  1.17  and December 1 to January 2 of each year.  All 1.4G fireworks 
  1.18  held for sale under authority of this section must carry a label 
  1.19  warning that personal use is permitted only from July 1 to July 
  1.20  7 and December 25 to January 2 under this section.  Personal use 
  1.21  of fireworks is not permitted on public property.  Anyone 
  1.22  selling 1.4G fireworks under authority of this section must post 
  1.23  in a conspicuous location the following warning in block letters 
  1.24  not less than one inch in height:  "FIREWORKS PURCHASED FOR 
  1.25  PERSONAL USE UNDER MINNESOTA STATUTES, SECTION 624.222, MAY BE 
  1.26  USED OR IGNITED ONLY JULY 1 TO JULY 7 AND DECEMBER 25 TO JANUARY 
  2.1   2."  A seller at retail of 1.4G fireworks shall require each 
  2.2   purchaser of 1.4G fireworks for limited personal use to complete 
  2.3   an application stating that: 
  2.4      (1) the purchaser is 18 years of age or older verified by a 
  2.5   photograph identification; 
  2.6      (2) the purchaser has received a copy of fireworks use 
  2.7   safety information; 
  2.8      (3) the purchaser agrees to use the 1.4G fireworks in 
  2.9   Minnesota only from July 1 to July 7 and December 25 to January 
  2.10  2; and 
  2.11     (4) the purchaser agrees to supervise and be responsible 
  2.12  for any use of 1.4G fireworks. 
  2.13     Subd. 2.  [LICENSING OF SALES FACILITIES.] 1.4G fireworks 
  2.14  shall be sold only from facilities that are licensed by the 
  2.15  state fire marshal and that meet the following criteria: 
  2.16     (1) the facility must be limited in size to 5,000 square 
  2.17  feet of selling area to which the public may be admitted; 
  2.18     (2) aisles in the facility shall be a minimum of four feet 
  2.19  wide, and they shall be kept free and unobstructed at all times; 
  2.20     (3) there must be one exit door for every 1,000 square feet 
  2.21  of selling space to which the public may be admitted, with a 
  2.22  minimum of three emergency exit doors in the facility; 
  2.23     (4) the exit doors shall be metal and shall be equipped 
  2.24  with push-panic locks; 
  2.25     (5) exit doors shall be clearly marked with lighted exit 
  2.26  signs with battery backups; 
  2.27     (6) the facility must be a stand-alone building; 
  2.28     (7) the facility shall be equipped with an adequate number 
  2.29  of smoke detectors in both the retail and storage areas for 
  2.30  which smoke detectors shall be inspected and tested annually 
  2.31  prior to the opening of the facility; 
  2.32     (8) storage areas shall be separated from areas to which 
  2.33  the public may be admitted by appropriately rated fire 
  2.34  separation walls; 
  2.35     (9) the facility shall be located no closer than 50 feet 
  2.36  from any facility selling or dispensing gasoline, propane, or 
  3.1   other such flammable products; 
  3.2      (10) portable fire extinguishing equipment shall be located 
  3.3   in the premises at all times, with one such fire extinguisher 
  3.4   located every 75 feet of travel space.  The fire extinguishers 
  3.5   shall be inspected and certified annually prior to the opening 
  3.6   of the facility; 
  3.7      (11) no 1.4G fireworks sales facility shall be located 
  3.8   within 250 feet of another 1.4G fireworks sales facility, with 
  3.9   priority being given on a first-come basis; and 
  3.10     (12) a fireworks facility may be used for sale of other 
  3.11  merchandise during days when fireworks sales are not allowed if 
  3.12  all fireworks have been removed from the premises. 
  3.13     Subd. 3.  [LICENSE APPLICATIONS; FEES.] Applications for 
  3.14  licenses to sell 1.4G fireworks shall be submitted to the state 
  3.15  fire marshal by January 15 of each year on forms prescribed and 
  3.16  provided by the state fire marshal.  Licenses shall be issued no 
  3.17  later than March 1 of each year.  The license application shall 
  3.18  be accompanied by an annual license fee of $5,000.  The fire 
  3.19  marshal shall deposit the fee in the safe fireworks account 
  3.20  established under subdivision 8.  There shall be an inspection 
  3.21  of the facility within one month prior to July 4 to ensure that 
  3.22  all rules are followed.  No license may be issued to any 
  3.23  convicted felons or to entities where a convicted felon owns 
  3.24  five percent or more of the equity. 
  3.25     Subd. 4.  [OPERATIONAL REQUIREMENTS.] The 1.4G fireworks 
  3.26  sales facility shall be exclusively dedicated to the sale of 
  3.27  1.4G fireworks and related items, and the facility shall operate 
  3.28  in accordance with the following rules: 
  3.29     (1) there must be certified security personnel on the 
  3.30  premises for the seven days preceding and including July 4 and 
  3.31  for the three days preceding and including December 31; 
  3.32     (2) no smoking may be permitted in the facility; 
  3.33     (3) no cigarettes or tobacco products, matches, lighters, 
  3.34  or any other flame-producing devices may be permitted in the 
  3.35  facility; 
  3.36     (4) no minors may be permitted in the facility unless 
  4.1   accompanied by an adult, and the minors must stay with the adult 
  4.2   in the facility; 
  4.3      (5) all 1.4G fireworks sold in the facility must comply 
  4.4   with United States Consumer Product Safety Commission standards; 
  4.5      (6) all facilities must carry at least $2,000,000 in 
  4.6   personal and product liability insurance; 
  4.7      (7) all licensees must attend at least six hours of 
  4.8   training per year, the training to be given by the state fire 
  4.9   marshal in the area of operational safety; 
  4.10     (8) no 1.3G, commercial, Class B, fireworks shall be stored 
  4.11  or located at the facility; 
  4.12     (9) no person under the influence of intoxicating liquor or 
  4.13  drugs may be admitted to the facility and no liquor, beer, or 
  4.14  wine may be permitted in the facility; 
  4.15     (10) no fireworks may be ignited within 300 feet of a 
  4.16  licensed 1.4G fireworks sales facility; 
  4.17     (11) there must be no sale of 1.4G fireworks from tents or 
  4.18  temporary structures; 
  4.19     (12) emergency evacuation plans must be conspicuously 
  4.20  posted in appropriate locations within the facility; and 
  4.21     (13) information on safe use of fireworks must be 
  4.22  distributed to all purchasers. 
  4.23     Subd. 5.  [EXEMPTION FOR NOVELTY ITEMS.] Sale of novelty 
  4.24  items which include, but are not limited to, snake or glow 
  4.25  worms, smoke devices, party poppers, snappers, drop pops, and 
  4.26  sparklers are exempt from the licensing requirements specified 
  4.27  in subdivisions 2 and 3 and the operational requirements 
  4.28  specified in subdivision 4.  A seller at retail of novelty items 
  4.29  shall require each purchaser of novelty items for limited 
  4.30  personal use to complete an application stating that: 
  4.31     (1) the purchaser is 18 years of age or older verified by 
  4.32  photograph identification; 
  4.33     (2) the purchaser has received a copy of fireworks use 
  4.34  safety information; and 
  4.35     (3) the purchaser agrees to supervise and be responsible 
  4.36  for any use of novelty items by minors. 
  5.1      Subd. 6.  [FIREWORKS SAFETY GUIDELINES.] The state fire 
  5.2   marshal shall disseminate information on 1.4G fireworks safety 
  5.3   designed to ensure that personal use and ignition of 1.4G 
  5.4   fireworks from July 1 to July 7 and December 25 to January 2 
  5.5   each year follows best fireworks safety practices. 
  5.6      Subd. 7.  [PENALTY.] A person who uses or ignites any 
  5.7   fireworks in violation of this section is guilty of a 
  5.8   misdemeanor. 
  5.9      Subd. 8.  [CONSUMER SURCHARGE.] (a) A seller of 1.4G 
  5.10  consumer fireworks must pay to the commissioner of revenue a fee 
  5.11  equal to: 
  5.12     (1) $1 on each retail sale of fireworks, if the total sale 
  5.13  price is $100 or less; or 
  5.14     (2) $5, if the total retail sale price of the fireworks is 
  5.15  more than $100. 
  5.16     (b) The retailer must pay the amount of the surcharge 
  5.17  annually by September 15 for sales made during the 12-month 
  5.18  period ending on the immediately preceding July 31.  Payment 
  5.19  must be made in a manner and on a return as prescribed by the 
  5.20  commissioner of revenue. 
  5.21     (c) For purposes of this subdivision, "retailer" and 
  5.22  "retail sale" have the meanings given in section 297A.61.  The 
  5.23  enforcement, interest, and penalty provisions under chapter 294, 
  5.24  appeal provisions in sections 289A.43 and 289A.65, criminal 
  5.25  penalties in section 289A.63, refunds provisions in section 
  5.26  289A.50, and collection and rulemaking provisions under chapter 
  5.27  270, apply to a liability for the surcharge imposed under this 
  5.28  subdivision. 
  5.29     (d) The commissioner of revenue shall deposit the surcharge 
  5.30  in an account created in the state treasury to be known as the 
  5.31  safe fireworks account.  Money in the account is appropriated to 
  5.32  the commissioner of public safety for the purpose of regulating 
  5.33  fireworks usage in Minnesota, conducting inspections permitted 
  5.34  or required by law, and for public education campaigns related 
  5.35  to fireworks. 
  5.36     Sec. 2.  [EFFECTIVE DATE.] 
  6.1      Section 1 is effective the day following final enactment.