HF 1783

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; requiring fireworks display 
  1.3             operators to be certified by state fire marshal; 
  1.4             setting fees; appropriating money; amending Minnesota 
  1.5             Statutes 1994, section 624.22.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 624.22, is 
  1.8   amended to read: 
  1.9      624.22 [PUBLIC DISPLAYS OF FIREWORKS BY MUNICIPALITIES 
  1.10  EXCEPTED DISPLAYS; PERMIT; OPERATOR CERTIFICATION.] 
  1.11     Subdivision 1.  [GENERAL REQUIREMENTS; PERMIT; 
  1.12  INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 shall not 
  1.13  prohibit the supervised public displays display of fireworks by 
  1.14  cities, fair associations, amusement parks, and other 
  1.15  organizations. a statutory or home rule charter city, fair 
  1.16  association, amusement park, or other organization, except when 
  1.17  such that: 
  1.18     (1) a fireworks display may be conducted only when 
  1.19  supervised by an operator certified by the state fire marshal; 
  1.20  and 
  1.21     (2) a fireworks display is must either be given by a 
  1.22  municipality or fair association within its own limits, no 
  1.23  display shall be given unless or by any other organization, 
  1.24  whether public or private, only after a permit therefor for the 
  1.25  display has first been secured.  
  2.1      (b) Every application for such a permit shall be made in 
  2.2   writing to the municipal clerk at least 15 days in advance of 
  2.3   the date of the display and shall list the name of an operator 
  2.4   who (1) is certified by the state fire marshal and (2) will 
  2.5   supervise the display.  The application shall be promptly 
  2.6   referred to the chief of the fire department who shall make an 
  2.7   investigation to determine whether the operator of the display 
  2.8   is competent and is certified by the state fire marshal, and 
  2.9   whether the display is of such a character and is to be so 
  2.10  located, discharged, or fired that it will not be hazardous to 
  2.11  property or endanger any person.  The fire chief shall report 
  2.12  the results of this investigation to the clerk.  If the fire 
  2.13  chief reports that the operator is certified, that in the 
  2.14  chief's opinion the operator is competent, and that the 
  2.15  fireworks display as planned will conform to the safety 
  2.16  requirements, including the rules guidelines of the state fire 
  2.17  marshal hereinafter provided for in paragraph (e), the clerk 
  2.18  shall issue a permit for the display when the applicant pays a 
  2.19  permit fee of $2.  
  2.20     (c) When the supervised public fireworks display for which 
  2.21  a permit is sought is to be held outside the limits of an 
  2.22  incorporated municipality, the application shall be made to the 
  2.23  county auditor and the duties imposed by such sections 624.20 to 
  2.24  624.25 upon the clerk of the municipality shall be performed in 
  2.25  such case by the county auditor.  The duties imposed on the fire 
  2.26  chief of the municipality by such sections 624.20 to 624.25 
  2.27  shall be performed in such case by the county sheriff.  
  2.28     (d) After such permit shall have been granted, sales, 
  2.29  possession, use and distribution of fireworks for such display 
  2.30  shall be lawful for that purpose only.  No permit so granted 
  2.31  shall be transferable.  
  2.32     (e) By January 1, 1996, the state fire marshal shall adopt 
  2.33  and disseminate to political subdivisions reasonable rules not 
  2.34  inconsistent with the provisions of such guidelines on fireworks 
  2.35  display safety, which are exempt from chapter 14, that are 
  2.36  consistent with sections 624.20 to 624.25 and the most recent 
  3.1   editions of the Minnesota Uniform Fire Code and the National 
  3.2   Fire Protection Association Standards, to insure that fireworks 
  3.3   displays are given safely.  In the guidelines, the state fire 
  3.4   marshal shall allow political subdivisions to exempt the use of 
  3.5   relatively safe fireworks for theatrical special effects, 
  3.6   ceremonial occasions, and other limited purposes, as determined 
  3.7   by the state fire marshal. 
  3.8      Subd. 2.  [OPERATOR CERTIFICATION REQUIREMENTS.] (a) An 
  3.9   applicant to be a supervising operator of a fireworks display 
  3.10  shall meet the requirements of this subdivision before the 
  3.11  applicant is certified by the state fire marshal. 
  3.12     (b) An applicant must be at least 21 years old. 
  3.13     (c) An applicant must have completed a written examination, 
  3.14  administered or approved by the state fire marshal, and achieved 
  3.15  a passing score of at least 70 percent.  The state fire marshal 
  3.16  must be satisfied that achieving a passing score on the 
  3.17  examination satisfactorily demonstrates the applicant's 
  3.18  knowledge of statutes, codes, and nationally recognized 
  3.19  standards concerning safe practices for the discharge and 
  3.20  display of fireworks. 
  3.21     (d) An applicant shall apply in writing to the state fire 
  3.22  marshal by completing and signing an application form provided 
  3.23  by the state fire marshal. 
  3.24     (e) An applicant shall submit evidence of experience, which 
  3.25  must include active participation as an assistant or operator in 
  3.26  the performance of at least five fireworks displays, at least 
  3.27  one of which must have occurred in the current or preceding year.
  3.28     Subd. 3.  [CERTIFICATION APPLICATION; FEE.] An applicant 
  3.29  shall submit a completed initial application form including 
  3.30  references and evidence of experience and successful completion 
  3.31  of the written examination.  Applicants shall pay a 
  3.32  certification fee of $....... to the state fire marshal division 
  3.33  of the department of public safety.  The state fire marshal 
  3.34  shall review the application and send to the applicant written 
  3.35  confirmation or denial of certification within 30 days of 
  3.36  receipt of the application.  Certification is valid for a period 
  4.1   of four years from the date of issuance.  
  4.2      Subd. 4.  [CLASSIFICATION.] When an applicant has met the 
  4.3   requirements of subdivisions 2 and 3, the state fire marshal 
  4.4   shall certify and classify the operator for supervising 
  4.5   proximate audience displays, including indoor fireworks 
  4.6   displays, for supervising traditional outdoor fireworks 
  4.7   displays, or for supervising both types of displays, based on 
  4.8   the operator's documented experience. 
  4.9      Subd. 5.  [RESPONSIBILITIES OF OPERATOR.] The operator is 
  4.10  responsible for ensuring the fireworks display is organized and 
  4.11  operated in accordance with the state fire marshal's guidelines 
  4.12  described in subdivision 1.  
  4.13     Subd. 6.  [REPORTS.] (a) The certified operator shall 
  4.14  submit a written report to the state fire marshal within ten 
  4.15  days following a fireworks display conducted by the operator if 
  4.16  any of the following occurred:  
  4.17     (1) an injury to any person resulting from the display of 
  4.18  fireworks; 
  4.19     (2) a fire or damage to property resulting from the display 
  4.20  of fireworks; or 
  4.21     (3) an unsafe or defective pyrotechnic product or equipment 
  4.22  was used or observed.  
  4.23     (b) The certified operator shall submit a written report to 
  4.24  the state fire marshal within 30 days following any other 
  4.25  fireworks displays supervised by the operator. 
  4.26     (c) The state fire marshal may require other information 
  4.27  from operators relating to fireworks displays. 
  4.28     Subd. 7.  [OPERATOR CERTIFICATION RENEWAL.] An applicant 
  4.29  shall submit a completed renewal application form prepared and 
  4.30  provided by the state fire marshal, which must include at least 
  4.31  the dates, locations, and authorities issuing the permits for at 
  4.32  least three fireworks displays participated in or supervised by 
  4.33  the applicant and conducted during the past four years.  An 
  4.34  applicant shall pay a certification renewal fee of $....... to 
  4.35  the state fire marshal division of the department of public 
  4.36  safety.  The state fire marshal shall review the application and 
  5.1   send to the applicant written confirmation or denial of 
  5.2   certification renewal within 30 days of receipt of the 
  5.3   application.  Certification is valid for a period of four years 
  5.4   from the date of issuance.  
  5.5      Subd. 8.  [SUSPENSION, REVOCATION, OR REFUSAL TO RENEW 
  5.6   CERTIFICATION.] The state fire marshal may suspend, revoke, or 
  5.7   refuse to renew certification of an operator if the operator has:
  5.8      (1) submitted a fraudulent application; 
  5.9      (2) caused or permitted a fire or safety hazard to exist or 
  5.10  occur during the storage, transportation, handling, preparation, 
  5.11  or use of fireworks; 
  5.12     (3) conducted a display of fireworks without receipt of a 
  5.13  permit required by the state or a political subdivision; 
  5.14     (4) conducted a display of fireworks with assistants who 
  5.15  were not at least 18 years of age, properly instructed, and 
  5.16  continually supervised; or 
  5.17     (5) otherwise failed to comply with any federal or state 
  5.18  law or regulation, or the guidelines, relating to fireworks. 
  5.19     Subd. 9.  [DATABASE.] The commissioner of public safety 
  5.20  shall maintain a database of the information required under this 
  5.21  section for purposes of (1) law enforcement, (2) investigative 
  5.22  inquiries made under subdivision 1, and (3) the accumulation and 
  5.23  statistical analysis of information relative to fireworks 
  5.24  displays. 
  5.25     Sec. 2.  [APPROPRIATION.] 
  5.26     $....... is appropriated from the general fund to the 
  5.27  commissioner of public safety to implement and administer 
  5.28  section 1.  This appropriation is available until June 30, 1997. 
  5.29     Sec. 3.  [EFFECTIVE DATE.] 
  5.30     Sections 1, subdivision 1, paragraph (e); and 2, are 
  5.31  effective the day following final enactment.  The remaining 
  5.32  provisions of section 1 are effective January 1, 1996.