CONSUMER FIREWORKS SAFETY.

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View NCGA Bill Details2015-2016 Session
House Bill 853 (Public) Filed Tuesday, April 14, 2015
AN ACT TO PERMIT THE SALE, POSSESSION, AND DISCHARGE OF CERTAIN CONSUMER FIREWORKS.
Intro. by Hardister.

Status: Ref to the Com on Regulatory Reform, if favorable, Finance (House Action) (Apr 15 2015)

Bill History:

H 853

Bill Summaries:

  • Summary date: Apr 17 2015 - View Summary

    Amends GS 14-410, adding subsection (a6), which makes it permissible to sell, use, handle, or discharge pyrotechnics that are consumer fireworks in North Carolina, providing that the sale, use, handling, or discharge comply with Part 2 of Article 82A of GS Chapter 58. Adds a definition for consumer fireworksto the definitions that apply in Article 54, Sale, etc., of Pyrotechnics.

    Recodifies GS 58-82A-1 through GS 58-82A-55 as Part 1 of Article 82A of GS Chapter 58, and names it Display Pyrotechnics Training and Permitting. Also enacts new Part 2, Consumer Fireworks, to Article 82A. Provides that the sale, use, handling, or discharge of consumer fireworks is permitted only in compliance with the provisions of this Part.

    Requires a license for the possession and use of consumer fireworks and requires a person to be over the age of 18 years and to pay the required fees and complete a safety course in order to be eligible for a license. Sets out requirements for the course. Places the following conditions on the possession and use of consumer fireworks: (1) the use of consumer fireworks may occur only between the hours of 8 a.m. and 10 p.m. except for other specified times onJuly 4th andDecember 31st and January 1st;(2) the discharge of consumer fireworks is prohibited in or on the premises of a public or private primary or secondary school or on the campus of a college or university, unless the person has received written authorization from the college or university and within 300 feet of a hospital, veterinary hospital, licensed child care center, fireworks retailer, fireworks distributor, gas station, or bulk storage facility for petroleum products or other explosive or flammable substances; and(3) the possession or discharge of consumer fireworks is prohibited in or on the premises of any public park or public space, except as otherwise permitted by the person, state agency, or unit of local government owning or otherwise controlling the park, property, or space.

    Sets out conditions that must be included in the retailer or temporary retailer permit and establishes permit fees.

    Sets out provisions concerning permit holder financial responsibility and the power of the Commissioner of Insurance to exclude certain categories of pyrotechnics from the definition of consumer fireworks and prohibiting the use of consumer fireworks during hazardous forest fire conditions.

    GS 14-415 (Violations of the prohibition on the manufacture, sale and use of pyrotechnics)and GS 58-2-70 (Civil penalties or restitution for violations; administrative procedure)apply to violations of this Part.

    Effective July 1, 2015.