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Minnesota Legislature

Office of the Revisor of Statutes

SF 1191

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 09:57am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to commerce; authorizing limited personal use of fireworks; requiring an
affidavit of safety guidelines; providing for criminal penalties; appropriating money;
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 [624.222] FIREWORKS; LIMITED PERSONAL USE;
AUTHORIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Limited personal use of fireworks. new text end

new text begin Notwithstanding sections 624.20
to 624.25, 1.4G consumer fireworks may be used or ignited for personal use only. A seller
at retail may offer for sale, advertise, or sell at retail 1.4G fireworks, as defined in Code of
Federal Regulations, title 49 and title 16, for personal use. All 1.4G fireworks held for sale
under this section must carry the required federal warning label. Personal use of fireworks
is not permitted on public property. Anyone selling 1.4G fireworks under this section must
post in a conspicuous location the following warning in block letters not less than one inch
in height: "FIREWORKS MAY BE PURCHASED FOR PERSONAL USE ONLY UNDER
MINNESOTA STATUTES, SECTION 624.222." A seller at retail of 1.4G fireworks shall
require each purchaser of 1.4G fireworks for limited personal use to complete an application
stating that:
new text end

new text begin (1) the purchaser is 18 years of age or older verified by a photograph identification;
new text end

new text begin (2) the purchaser has received a copy of fireworks use safety information;
new text end

new text begin (3) the purchaser agrees to use the 1.4G fireworks in Minnesota or another state where
use is permitted only; and
new text end

new text begin (4) the purchaser agrees to supervise and be responsible for any use of 1.4G fireworks.
new text end

new text begin Subd. 2. new text end

new text begin Licensing of sales facilities. new text end

new text begin 1.4G fireworks shall be sold only from facilities
that are licensed by the state fire marshal and that meet the following criteria:
new text end

new text begin (1) the facility must be limited in size to 10,000 square feet of selling area to which the
public may be admitted;
new text end

new text begin (2) aisles in the facility shall be a minimum of five feet wide, and kept free and
unobstructed at all times;
new text end

new text begin (3) there must be one exit door for every 50 people permitted by maximum occupancy
requirements on the selling floor to which the public may be admitted, with a minimum of
three emergency exit doors in the facility;
new text end

new text begin (4) the exit doors shall be metal and equipped with push-panic locks;
new text end

new text begin (5) exit doors shall be clearly marked with lighted exit signs with battery backups;
new text end

new text begin (6) the facility must be a stand-alone building;
new text end

new text begin (7) the facility shall be equipped with an adequate number of smoke detectors in both
the retail and storage areas for which smoke detectors shall be inspected and tested annually
and prior to the opening of the facility;
new text end

new text begin (8) storage areas shall be separated from areas to which the public may be admitted by
appropriately rated fire separation walls;
new text end

new text begin (9) the facility shall be located no closer than 50 feet from any facility selling or
dispensing gasoline, propane, or other flammable products;
new text end

new text begin (10) portable fire extinguishing equipment shall be located in the premises at all times,
with one fire extinguisher located every 75 feet of travel space. The fire extinguishers shall
be inspected and certified annually and prior to the opening of the facility; and
new text end

new text begin (11) no 1.4G fireworks sales facility shall be located within 250 feet of another 1.4G
fireworks sales facility, with priority being given on a first-come basis.
new text end

new text begin Subd. 3. new text end

new text begin License applications; fees. new text end

new text begin Applications for licenses to sell 1.4G fireworks
shall be submitted to the state fire marshal by January 15 of each year on forms prescribed
and provided by the state fire marshal. Licenses shall be issued no later than March 1 of
each year. The license application shall be accompanied by an annual license fee of $5,000.
The fire marshal shall deposit the fee in the general fund. There shall be an annual inspection
of the facility to ensure that all rules are followed. No license may be issued to any convicted
felons or to entities where a convicted felon owns five percent or more of the equity.
new text end

new text begin Subd. 4. new text end

new text begin Operational requirements. new text end

new text begin The 1.4G fireworks sales facility shall be
exclusively dedicated to the sale of 1.4G fireworks and related items. The facility shall
operate in accordance with the following rules:
new text end

new text begin (1) no smoking may be permitted in the facility;
new text end

new text begin (2) no cigarettes or tobacco products, matches, lighters, or any other flame-producing
devices may be permitted in the facility;
new text end

new text begin (3) no minors may be permitted in the facility unless accompanied by an adult, and the
minors must stay with the adult in the facility;
new text end

new text begin (4) all 1.4G fireworks sold in the facility must comply with the United States Consumer
Product Safety Commission standards;
new text end

new text begin (5) all facilities must carry at least $2,000,000 in personal and product liability insurance;
new text end

new text begin (6) all licensees must annually review OSHA standards and guidelines regarding retail
sale of fireworks;
new text end

new text begin (7) no 1.3G fireworks or illegal explosives shall be stored or located at the facility;
new text end

new text begin (8) no person under the influence of intoxicating liquor or drugs may be admitted to the
facility, and no liquor, beer, or wine may be permitted in the facility;
new text end

new text begin (9) no fireworks may be ignited within 300 feet of a licensed 1.4G fireworks sales facility;
new text end

new text begin (10) tents, temporary structures and big box stores, such as discount retail stores or
grocery stores, shall only sell consumer fireworks defined as ground and handheld sparkling
devices;
new text end

new text begin (11) emergency evacuation plans must be conspicuously posted in appropriate locations
within the facility;
new text end

new text begin (12) information on safe use of fireworks must be distributed to all purchasers; and
new text end

new text begin (13) all 1.4G fireworks sales facilities shall be in full compliance with the requirements
set out in the National Fire Protection Association Standard 1124, 2006 Edition: Code for
the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic
Articles as such requirements are not inconsistent with the provisions of this section.
new text end

new text begin Subd. 5. new text end

new text begin Exemption for novelty items. new text end

new text begin Sale of novelty items which include, but are not
limited to, snake or glow worms, smoke devices containing five grams or less of pyrotechnic
composition, party poppers, snappers, drop pops, and sparklers are exempt from the licensing
requirements in subdivisions 2 and 3 and the operational requirements in subdivision 4. A
seller at retail of novelty items shall require each purchaser of novelty items for limited
personal use to complete an application stating that the purchaser:
new text end

new text begin (1) is 18 years of age or older verified by photographic identification;
new text end

new text begin (2) has received a copy of fireworks use safety information; and
new text end

new text begin (3) agrees to supervise and be responsible for any use of novelty items by minors.
new text end

new text begin Subd. 6. new text end

new text begin Fireworks safety guidelines. new text end

new text begin The state fire marshal shall disseminate
information on 1.4G fireworks safety designed to ensure that personal use and ignition of
1.4G fireworks each year follows best fireworks safety practices.
new text end

new text begin Subd. 7. new text end

new text begin Penalties. new text end

new text begin (a) A person who ignites, discharges, or uses consumer fireworks at
a site other than the following is guilty of a petty misdemeanor:
new text end

new text begin (1) the property of the person; or
new text end

new text begin (2) the property of another who has given permission to use the consumer fireworks.
new text end

new text begin (b) A person is guilty of a misdemeanor if the person commits an offense under paragraph
(a) not later than five years after the date of the commission of a prior offense.
new text end

new text begin (c) A person is guilty of a gross misdemeanor if the person recklessly, knowingly, or
intentionally uses consumer fireworks that results in serious bodily injury to a person.
new text end

new text begin (d) A person is guilty of a felony if the person recklessly, knowingly, or intentionally
uses consumer fireworks that results in the death of a person.
new text end

new text begin (e) A person is guilty of a felony if the person sells 1.4G fireworks without obtaining a
fireworks license pursuant to or inconsistent with the provisions of this section.
new text end

new text begin (f) A person is guilty of a felony if the person knowingly fails to collect or remit the
public safety fees due under subdivision 3.
new text end