Citations Affected: IC 22-11-14.
Synopsis: Consumer fireworks. Requires a fireworks retailer to apply
for a certificate of compliance not later than May 1 and to provide an
inspection report certifying compliance with fire and safety laws.
Provides that a certificate of compliance expires on December 31 of the
year in which the certificate is issued. Provides that a retailer that sells
fireworks without a certificate of compliance commits a Class B
infraction.
Effective: Upon passage.
January 16, 2007, read first time and referred to Committee on Local Government and
Elections.
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
than forty-five (45) days in a year.
(8) The weight of consumer fireworks in a tent may not exceed
three thousand (3,000) gross pounds of consumer fireworks.
(9) A retailer that legally operated a tent with a registration in
2005 may continue operation in a tent in 2006 and the following
years. A registration under section 11(a) of this chapter is
required for operation in 2006 and following years. For purposes
of this subdivision, a retailer includes a resident wholesaler who
supplied consumer fireworks to an applicant for a tent registration
in 2005.
(10) The retailer holds a valid registration under section 11(a) of
this chapter.
(b) A retailer may sell consumer fireworks and items referenced in
section 8(a) of this chapter from a Class 1 structure (as defined in
IC 22-12-1-4) if the Class 1 structure meets the requirements of any of
the following subdivisions:
(1) The structure complied with the rules for a B-2 or M building
occupancy classification before July 4, 2003, under the Indiana
building code adopted by the fire prevention and building safety
commission established under IC 22-12-2-1:
(A) in which consumer fireworks were sold or stored on or
before July 4, 2003; and
(B) in which no subsequent intervening nonfireworks sales or
storage use has occurred.
(2) The structure complied with the rules for a B-2 or M building
occupancy classification before July 4, 2003, under the Indiana
building code adopted by the fire prevention and building safety
commission established under IC 22-12-2-1;
(A) in which consumer fireworks were sold or stored on or
before July 4, 2003;
(B) in a location at which the retailer was registered as a
resident wholesaler in 2005; and
(C) in which the retailer's primary business is not the sale of
consumer fireworks.
(3) The structure complies with the rules for an H-3 building
occupancy classification under the Indiana building code adopted
by the fire prevention and building safety commission established
under IC 22-12-2-1, or the equivalent occupancy classification
adopted by subsequent rules of the fire prevention and building
safety commission.
(4) The structure complies with the rules adopted after July 3,
2003, by the fire prevention and building safety commission
established under IC 22-12-2-1 for an M building occupancy
classification under the Indiana building code.
A registration under section 11(a) of this chapter is required for
operation in 2006 and following years.
(c) This subsection does not apply to a structure identified in
subsection (b)(1), (b)(2), (b)(3), or (b)(4). A retailer may sell consumer
fireworks and items referenced in section 8(a) of this chapter from a
structure under the following conditions:
(1) The structure must be a Class 1 structure in which consumer
fireworks are sold and stored.
(2) The sales site must comply with all applicable local zoning
and land use rules.
(3) The weight of consumer fireworks in the structure may not
exceed three thousand (3,000) gross pounds of consumer
fireworks.
(4) The retailer holds a valid registration under section 11(a) of
this chapter.
(5) A retailer that sold consumer fireworks and operated from a
structure with a registration in 2005 may continue in operation in
the structure in 2006 and the following years. A registration under
section 11(a) of this chapter is required for operation in 2006 and
following years.
(d) The state fire marshal or a member of the division of fire and
building safety staff shall, under section 9 of this chapter, inspect tents
and structures in which fireworks are sold. The state fire marshal may
delegate this responsibility to a responding fire department with
jurisdiction over the tent or structure, subject to the policies and
procedures of the state fire marshal.
(e) A retailer shall file an application for each retail location on a
form to be provided by the state fire marshal. An application must be
filed on or before May 1 of the calendar year during which the
retailer intends to sell consumer fireworks.
(f) This chapter does not limit the quantity of items referenced in
section 8(a) of this chapter that may be sold from any Class 1 structure
that complied with the rules of the fire prevention and building safety
commission in effect before May 21, 2003.
the retailer proposes to sell the consumer fireworks, which must
be filed on an annual basis; and
(2) paid an accompanying registration fee of:
(A) one thousand dollars ($1,000) for the first location if a fee
under section 5(b)(3) of this chapter has not been paid;
(B) five hundred dollars ($500) for each additional sales
location in a tent; and
(C) two hundred dollars ($200) for each additional sales
location in a structure;
from which the retailer proposes to sell the consumer fireworks.
Upon receipt of the completed application form, the accompanying fee,
and, if required, the affidavit under subsection (b), the state fire
marshal shall issue a certificate of compliance to the retailer for each
sales location. A certificate of compliance expires on December 31
of the calendar year in which the certificate is issued.
(b) A person seeking a certificate of compliance authorizing the sale
of consumer fireworks at retail from a structure identified in section
4.5(b)(1), 4.5(b)(2), or 4.5(c) of this chapter, or from a tent under
section 4.5(a) of this chapter shall submit with the application:
(1) an affidavit executed by a responsible party with personal
knowledge, establishing that consumer fireworks were sold at
retail or wholesale from a structure at the same location as of a
date set forth in section 4.5(b)(1), 4.5(b)(2), or 4.5(c) of this
chapter, or from a tent as of a date set forth under section
4.5(a)(9) of this chapter; and
(2) proof of sales of consumer fireworks from that location; and
(3) a copy of an inspection report issued by a fire department
or the division of fire and building safety stating that the
structure or tent at the location is in compliance with
applicable fire safety laws. The state fire marshal may
reimburse a fire department for reasonable expenses incurred
in conducting an inspection under this subdivision.
(c) A person may not sell consumer fireworks at retail if a certificate
of compliance from the state fire marshal has not been issued for the
location showing registration under subsection (a).
(d) A certificate of compliance issued to a retailer of consumer
fireworks is not transferable except to a subsequent owner or operator
of a business at the same location in accordance with the policies and
guidelines of the state fire marshal.
(e) A retailer that sells fireworks from a location for which a
certificate of compliance has not been issued under subsection (a)
commits a Class B infraction. Each day a retailer violates this
subsection constitutes a separate violation.