NC CONSUMER FIREWORKS SAFETY ACT.

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View NCGA Bill Details2015-2016 Session
House Bill 367 (Public) Filed Thursday, March 26, 2015
AN ACT TO PERMIT THE SALE, POSSESSION, AND DISCHARGE OF CERTAIN CONSUMER FIREWORKS.
Intro. by Brody, Bumgardner, Hager, Waddell.

Status: Re-ref to the Com on Local Government, if favorable, Finance (House Action) (Jul 20 2015)
H 367

Bill Summaries:

  • Summary date: Mar 27 2015 - View Summary

    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 Permitting and enacts new Part 2, Consumer Fireworks, as follows.

    Places the following conditions on the possession and use of consumer fireworks: (1) the person possessing or using the consumer fireworks must be at least 18 years old; (2) the use of consumer fireworks may occur only between the hours of 10 am and 10 pm except for other specified times on July 4th and December 31st and the following January 1st; (3) 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 500 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 (4) 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. Allows a county or city to prohibit the possession or use of consumer fireworks.

    Prohibits selling consumer fireworks without a permit from a county or city authorized to issue retail fireworks permits. Sets out conditions that must be included in the retailer or temporary retailer permit and establishes permit fees. Prohibits a county or municipality from restricting or excluding the transportation of consumer fireworks across or through the county or municipality when the transportation is solely for the purpose of supplying consumer fireworks retailers permitted under the statute.

    Sets out provisions concerning permit holder financial responsibility, the power of the Commissioner of Insurance to exclude certain categories of pyrotechnics from the definition 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. 

    Enacts new GS 153A-130.1 and GS 160A-190.1 allowing counties and cities to, by ordinance, regulate the possession, use, and, sale of consumer fireworks to the public.

    Amends GS 14410 to define consumer fireworks to all consumer fireworks to be advertised, sold, used, transported, handled, or discharged in accordance with new Part 2.

    Effective July 1, 2015.