HF 3539

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; regulating outdoor consumer fireworks displays by
individuals; 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 [624.215] CONSUMER FIREWORKS DISPLAYS BY INDIVIDUALS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin Sections 624.20 to 624.25 do not prohibit the
outdoor display of consumer fireworks by an individual holding a valid permit for an
outdoor consumer fireworks display from the municipality in which the display is to be
held. If the display is to be held outside the limits of an incorporated municipality, the
permit must be from the county in which the display is to be held.
new text end

new text begin Subd. 2. new text end

new text begin Permit application. new text end

new text begin An application for a permit for an outdoor consumer
fireworks display by an individual 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 the operator and
the location of the display for which the permit was sought. 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 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 must also determine whether the operator
must be certified by the state fire marshal pursuant to section 624.22. The fire chief shall
report the results of this investigation to the clerk. If the fire chief reports that in the chief's
opinion the operator is competent and does not need to be certified, and that the fireworks
display as planned will not be hazardous to property or endanger any person, the clerk
shall issue a permit for the display when the applicant pays a permit fee. If the fire chief
determines that operator certification is required, the operator must provide evidence of
certification to the clerk before a permit is issued. When the application for a permit under
this section is for an outdoor consumer fireworks display 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.
new text end

new text begin Subd. 3. new text end

new text begin Permit limitations. new text end

new text begin After a permit has been granted under this section,
sales, possession, use, and distribution of consumer fireworks for a display are lawful for
that purpose only. A permit under this section is not transferable.
new text end

new text begin Subd. 4. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "consumer fireworks" has the
meaning given the term in Code of Federal Regulations, title 27, part 555.11, and formerly
known as Class C fireworks.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end