SF 735

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to indoor fireworks displays; requiring a 
  1.3             permit from the state fire marshal for indoor 
  1.4             fireworks displays; requiring public notice to patrons 
  1.5             of performances containing indoor fireworks displays; 
  1.6             amending Minnesota Statutes 2002, section 624.22, 
  1.7             subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 624.22, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [GENERAL REQUIREMENTS; PERMIT; 
  1.12  INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not 
  1.13  prohibit the supervised display of fireworks by a statutory or 
  1.14  home rule charter city, fair association, amusement park, or 
  1.15  other organization, except that: 
  1.16     (1) a fireworks display may be conducted only when 
  1.17  supervised by an operator certified by the state fire marshal; 
  1.18  and 
  1.19     (2) a fireworks display must either be given by a 
  1.20  municipality or fair association within its own limits, or by 
  1.21  any other organization, whether public or private, only after a 
  1.22  permit for the display has first been secured.  
  1.23     (b) An application for a permit for an outdoor fireworks 
  1.24  display must be made in writing to the municipal clerk at least 
  1.25  15 days in advance of the date of the display and must list the 
  1.26  name of an operator who is certified by the state fire marshal 
  2.1   and will supervise the display.  The application must be 
  2.2   promptly referred to the chief of the fire department, who shall 
  2.3   make an investigation to determine whether the operator of the 
  2.4   display is competent and is certified by the state fire marshal, 
  2.5   and whether the display is of such a character and is to be so 
  2.6   located, discharged, or fired that it will not be hazardous to 
  2.7   property or endanger any person.  The fire chief shall report 
  2.8   the results of this investigation to the clerk.  If the fire 
  2.9   chief reports that the operator is certified, that in the 
  2.10  chief's opinion the operator is competent, and that the 
  2.11  fireworks display as planned will conform to the safety 
  2.12  guidelines of the state fire marshal provided for in 
  2.13  paragraph (e) (f), the clerk shall issue a permit for the 
  2.14  display when the applicant pays a permit fee.  
  2.15     (c) When the supervised outdoor fireworks display for which 
  2.16  a permit is sought is to be held outside the limits of an 
  2.17  incorporated municipality, the application must be made to the 
  2.18  county auditor, and the auditor shall perform duties imposed by 
  2.19  sections 624.20 to 624.25 upon the clerk of the municipality.  
  2.20  When an application is made to the auditor, the county sheriff 
  2.21  shall perform the duties imposed on the fire chief of the 
  2.22  municipality by sections 624.20 to 624.25.  
  2.23     (d) An application for an indoor fireworks display permit 
  2.24  must be made in writing to the state fire marshal by the 
  2.25  operator of the facility in which the display is to occur at 
  2.26  least 15 days in advance of the date of any performance, show, 
  2.27  or event which will include the discharge of fireworks inside a 
  2.28  building or structure.  The application must list the name of an 
  2.29  operator who is certified by the state fire marshal and will 
  2.30  supervise the display.  The state fire marshal shall make an 
  2.31  investigation to determine whether the operator of the display 
  2.32  is competent and is properly certified, and whether the display 
  2.33  is of such a character and is to be so located, discharged, or 
  2.34  fired that it will not be hazardous to property or endanger any 
  2.35  person.  If the state fire marshal determines that the operator 
  2.36  is certified and competent, that the indoor fireworks display as 
  3.1   planned will conform to the safety guidelines provided for in 
  3.2   paragraph (f), and that adequate notice will be given to inform 
  3.3   patrons of the indoor fireworks display, the state fire marshal 
  3.4   shall issue a permit for the display when the applicant pays a 
  3.5   permit fee.  The state fire marshal may issue a single permit 
  3.6   for multiple indoor fireworks displays when all of the displays 
  3.7   are to take place at the same venue as part of a series of 
  3.8   performances by the same performer or group of performers.  A 
  3.9   copy of the application must be promptly conveyed to the chief 
  3.10  of the local fire department, who shall make appropriate 
  3.11  preparations to ensure public safety in the vicinity of the 
  3.12  display.  The operator of a facility where an indoor fireworks 
  3.13  display occurs must provide notice in a prominent place as 
  3.14  approved by the state fire marshal to inform patrons attending a 
  3.15  performance when indoor fireworks will be part of that 
  3.16  performance.  The state fire marshal may grant a local fire 
  3.17  chief the authority to issue permits for indoor fireworks 
  3.18  displays.  Before issuing a permit, a local fire chief must make 
  3.19  the determinations required in this paragraph.  
  3.20     (e) After a permit has been granted under either paragraph 
  3.21  (b) or (d), sales, possession, use and distribution of fireworks 
  3.22  for a display are lawful for that purpose only.  A permit is not 
  3.23  transferable.  
  3.24     (e) (f) The state fire marshal shall adopt and disseminate 
  3.25  to political subdivisions rules establishing guidelines on 
  3.26  fireworks display safety that are consistent with sections 
  3.27  624.20 to 624.25 and the most recent editions of the Minnesota 
  3.28  Uniform Fire Code and the National Fire Protection Association 
  3.29  Standards, to insure that fireworks displays are given safely.  
  3.30  In the guidelines, the state fire marshal shall allow political 
  3.31  subdivisions to exempt the use of relatively safe fireworks for 
  3.32  theatrical special effects, ceremonial occasions, and other 
  3.33  limited purposes, as determined by the state fire marshal. 
  3.34     Sec. 2.  [EFFECTIVE DATE.] 
  3.35     Section 1 is effective the day following final enactment.