AN ACT CONCERNING A STATE EXPLOSIVES, BLASTING AND PYROTECHNIC CODE.

Senate
sSB368 / File No. 297 1

General Assembly File No. 297
February Session, 2026 Substitute Senate Bill No. 368

Senate, April 1, 2026

The Committee on Public Safety and Security reported through
SEN. GASTON of the 23rd Dist., Chairperson of the Committee
on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING A STATE EXPLOSIVES, BLASTING AND
PYROTECHNIC CODE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. (NEW) ( Effective October 1, 2026) (a) The Commissioner of 1
Emergency Services and Public Protection, in coordination with the 2
advisory committee established under subsection (b) of this section and 3
in accordance with the provisions of section 2 of this act, shall adopt and 4
administer a State Explosives, Blasting and Pyrotechnic Code based on 5
nationally recognized standards and codes. The code shall be revised at 6
the same time the State Building Code is revised pursuant to section 29-7
252 of the general statutes, and as deemed necessary to incorporate any 8
subsequent revisions to such nationally recognized standards and codes 9
not later than eighteen months following the date of first publication of 10
such revisions. The State Explosives, Blasting and Pyrotechnic Code 11
shall include provisions for explosives, blasting, gunpowder, fireworks, 12
pyrotechnics and rockets. 13
(b) There is established, within the Department of Emergency 14
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Services and Public Protection, an advisory committee consisting of the 15
following eleven members: (1) The State Fire Marshal, or the marshal's 16
designee, (2) two members representing local fire marshals, deputy fire 17
marshals and fire inspectors, selected from a list of individuals 18
submitted by the Connecticut Fire Marshals Association, (3) five 19
members representing the Division of State Police within the 20
Department of Emergency Services and Public Protection, (4) one 21
member representing the advisory committee established under 22
subsection (b) of section 29-291a of the general statutes, (5) one member 23
representing the Connecticut Career Fire Chiefs Association, and (6) one 24
member who has expertise in matters relating to the explosives or 25
pyrotechnics industry. All appointments to the advisory committee 26
shall be made by the Commissioner of Emergency Services and Public 27
Protection. 28
(c) The Commissioner of Emergency Services and Public Protection 29
may issue official interpretations of the State Explosives, Blasting and 30
Pyrotechnic Code, including interpretations of the applicability of any 31
provision of the code, upon the request of any person. The 32
commissioner shall compile and index each interpretation and shall 33
publish such interpretations at periodic intervals not exceeding four 34
months. 35
Sec. 2. (NEW) ( Effective October 1, 2026 ) (a) For the purposes of this 36
section, "proposed code" means a proposal by the Commissioner of 37
Emergency Services and Public Protection, in coordination with the 38
advisory committee, for a new State Explosives, Blasting and 39
Pyrotechnic Code or for a change in, addition to or repeal of any 40
provision of the State Explosives, Blasting and Pyrotechnic Code and 41
"advisory committee" means the advisory committee established under 42
subsection (b) of section 1 of this act. 43
(b) Notwithstanding the provisions of chapter 54 of the general 44
statutes, the adoption of the State Explosives, Blasting and Pyrotechnic 45
Code and any amendments thereto shall not be required to comply with 46
the provisions of chapter 54 of the general statutes, except as provided 47
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in this section. 48
(c) Prior to the adoption of the State Explosives, Blasting and 49
Pyrotechnic Code and any amendments thereto, the Commissioner of 50
Emergency Services and Public Protection shall (1) post any proposed 51
code, a statement of purpose for which the proposed code is proposed, 52
a fiscal note associated with compliance with the proposed code 53
prepared pursuant to section 4 -168 of the general statutes and a 54
regulatory flexibility analysis prepared pursuant to section 4-168a of the 55
general statutes on the Internet web site of the Department of 56
Emergency Services and Public Protection, (2) give notice electronically 57
to the joint standing committee of the General Assembly having 58
cognizance of matters relating to public safety and security, (3) give 59
notice to any person who has requested the commissioner for advance 60
notice of the proposed code adoption proceedings, (4) provide for a 61
public comment period of forty-five days following the posting of such 62
proposed code, statement of purpose, fiscal note and regulatory 63
flexibility analysis, and (5) hold a public hearing on the proposed code 64
not less than twenty nor more than thirty-five days after such posting. 65
(d) After the close of the public comment period, the Commissioner 66
of Emergency Services and Public Protection, in coordination with the 67
advisory committee, shall respond to each written and oral comment 68
regarding the proposed code received during the public comment 69
period and at the public hearing. Such response shall include any 70
change made to the proposed code, if applicable, and the rationale for 71
such change. The Commissioner of Emergency Services and Public 72
Protection shall post such responses on the Internet web site of the 73
Department of Emergency Services and Public Protection not later than 74
thirty days after the close of the public comment period. 75
(e) The Commissioner of Emergency Services and Public Protection, 76
in coordination with the advisory committee, shall create and maintain 77
a code -making record for each proposed code, submit such code -78
making record electronically to the standing legislative regulation 79
review committee and the joint standing committee of the General 80
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Assembly having cognizance of matters relating to public safety and 81
security and post such code -making record on the Internet web site of 82
the Department of Emergency Services and Public Protection. Such 83
code-making record shall include, but need not be limited to: (1) The 84
final wording of the proposed code in a format consistent with 85
nationally recognized standards and codes, (2) the fiscal note prepared 86
pursuant to subsection (c) of this section, (3) the regulatory flexibility 87
analysis prepared pursuant to subsection (c) of this section, (4) all 88
written and oral comments received during the public comment period, 89
and (5) the responses to such comments prepared pursuant to 90
subsection (d) of this section. 91
(f) The standing legislative regulation review committee shall have 92
not more than forty -five days from the date the code -making record is 93
submitted to the committee pursuant to subsection (e) of this section to 94
convene a meeting to approve, disapprove or reject without prejudice 95
the proposed code, in whole or in part. If the proposed code is 96
withdrawn, the Commissioner of Emergency Services and Public 97
Protection shall resubmit the proposed code and the committee shall 98
have not more than forty-five days from the date of such resubmittal to 99
convene a meeting to approve, disapprove or reject without prejudice 100
the resubmitted proposed code. If the committee notifies the 101
Commissioner of Emergency Services and Public Protection in writing 102
that it is waiving its right to convene a meeting or does not act on a 103
proposed code or a resubmitted proposed code, as the case may be, 104
within such forty -five-day period, the proposed code or resubmitted 105
proposed code shall be deemed to be approved by the committee. 106
(g) If the committee disapproves a proposed code, in whole or in part, 107
the committee shall notify the Commissioner of Emergency Services and 108
Public Protection of the disapproval and the reasons for the disapproval. 109
The Commissioner of Emergency Services and Public Protection shall 110
not take any action to implement such disapproved code, except that the 111
Commissioner of Emergency Services and Public Protection may submit 112
a substantively new proposed code in accordance with the provisions of 113
this section, provided the General Assembly may reverse such 114
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disapproval in accordance with the provisions of section 4 -171 of the 115
general statutes. 116
(h) If the committee rejects a proposed code without prejudice, in 117
whole or in part, the committee shall notify the Commissioner of 118
Emergency Services and Public Protection of the reasons for the 119
rejection and the Commissioner of Emergency Services and Public 120
Protection shall resubmit the proposed code in revised form to the 121
committee not later than thirty days after the date of rejection without 122
prejudice. Each resubmission of the proposed code under this 123
subsection shall include a summary of any revisions to the proposed 124
code. The committee shall have not more than forty -five days after the 125
receipt of the resubmittal to review and take action on such resubmitted 126
proposed code in the same manner as provided in subsection (f) of this 127
section. 128
(i) The State Explosives, Blasting and Pyrotechnic Code or any 129
amendment thereto approved or deemed approved by the committee 130
pursuant to subsection (f) of this section is effective and enforceable 131
against any person or party upon its posting on the Internet web site of 132
the Department of Emergency Services and Public Protection, except 133
that: (1) If a later date is required by statute or specified in the code, the 134
later date is the effective date, and (2) a code may not be effective before 135
the effective date of the public act requiring or permitting the code. Such 136
posting shall include a statement by the Commissioner of Emergency 137
Services and Public Protection certifying that the electronic copy of the 138
code is a true and accurate copy of the code approved or deemed 139
approved in accordance with subsection (f) of this section. The electronic 140
copy of the State Explosives, Blasting and Pyrotechnic Code posted on 141
the Internet web site of the Department of Emergency Services and 142
Public Protection shall be the official version for all purposes, including 143
all legal and administrative proceedings. 144
(j) No provision of the State Explosives, Blasting and Pyrotechnic 145
Code or any amendment thereto adopted after October 1, 2026, is valid 146
unless adopted in substantial compliance with the requirements of this 147
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section. A proceeding to contest any provision of the code on the ground 148
of noncompliance with the requirements of this section shall be 149
commenced within two years from the effective date of the code. 150
(k) The Commissioner of Emergency Services and Public Protection 151
shall advise the public concerning how to obtain a copy of the State 152
Explosives, Blasting and Pyrotechnic Code and any amendments 153
thereto. 154
Sec. 3. Subsection (a) of section 29 -349 of the general statutes is 155
repealed and the following is substituted in lieu thereof (Effective October 156
1, 2026): 157
(a) The Commissioner of Emergency Services and Public Protection , 158
in coordination with the advisory committee established under 159
subsection (b) of section 1 of this act and in accordance with the 160
provisions of section 2 of this act, shall [have exclusive jurisdiction in 161
the preparation of and may enforce reasonable] adopt regulations for 162
the safe and convenient storage, transportation and use of explosives 163
and blasting agents used in connection [therewith, which ] with 164
explosives. Such regulations shall (1) be made part of the State 165
Explosives, Blasting and Pyrotechnic Code adopted pursuant to section 166
1 of this act, (2) be enforced by the Commissioner of Emergency Services 167
and Public Protection, and (3) deal in particular with the quantity and 168
character of explosives and blasting agents to be stored, transported and 169
used, the proximity of such storage to inhabited dwellings or other 170
occupied buildings, public highways and railroad tracks, the character 171
and construction of suitable magazines for such storage, protective 172
measures to secure such stored explosives and blasting agents and the 173
abatement of any hazard that may arise incident to the storage, 174
transportation or use of such explosives and blasting agents. 175
Sec. 4. Subsection (b) of section 29 -357 of the general statutes is 176
repealed and the following is substituted in lieu thereof (Effective October 177
1, 2026): 178
(b) The Commissioner of Emergency Services and Public Protection, 179
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in coordination with the advisory committee established under 180
subsection (b) of section 1 of this act and in accordance with the 181
provisions of section 2 of this act, shall adopt [reasonable] regulations [, 182
in accordance with chapter 54, ] for the granting of permits for 183
supervised displays of fireworks or for the indoor use of pyrotechnics, 184
sparklers and fountains for special effects by municipalities, fair 185
associations, amusement parks, other organizations or groups of 186
individuals or artisans in pursuit of their trade. Such regulations shall 187
be made part of the State Explosives, Blasting and Pyrotechnic Code 188
adopted pursuant to section 1 of this act. Such permit may be issued 189
upon application to said commissioner and after (1) inspection of the 190
site of such display or use by the local fire marshal to determine 191
compliance with the requirements of such regulations, and (2) approval 192
of the chiefs of the police and fire departments, or, if there is no police 193
or fire department, of the first selectman, of the municipality wherein 194
the display is to be held as is provided in this section. No such display 195
shall be handled or fired by any person until such person has been 196
granted a certificate of competency by the Commissioner of Emergency 197
Services and Public Protection, in respect to which a fee of two hundred 198
dollars shall be payable to the State Treasurer when issued and which 199
may be renewed every three years upon payment of a fee of one 200
hundred ninety dollars payable to the State Treasurer, provided such 201
certificate may be suspended or revoked by said commissioner at any 202
time for cause. Such certificate of competency shall attest to the fact that 203
such operator is competent to fire a display. Such display shall be of 204
such a character and so located, discharged or fired as in the opinion of 205
the chiefs of the police and fire departments or such selectman, after 206
proper inspection, will not be hazardous to property or endanger any 207
person or persons. In an aerial bomb, no salute, report or maroon may 208
be used that is composed of a formula of chlorate of potash, sulphur, 209
black needle antimony and dark aluminum. Formulas that may be used 210
in a salute, report or maroon are as follows: (A) Perchlorate of potash, 211
black needle antimony and dark aluminum, and (B) perchlorate of 212
potash, dark aluminum and sulphur. No high explosive such as 213
dynamite, fulminate of mercury or other stimulator for detonating shall 214
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be used in any aerial bomb or other pyrotechnics. Application for 215
permits shall be made in writing at least fifteen days prior to the date of 216
display, on such notice as the Commissioner of Emergency Services and 217
Public Protection by regulation prescribes, on forms furnished by the 218
commissioner, and a fee of one hundred dollars shall be payable to the 219
State Treasurer with each such application. After such permit has been 220
granted, sales, possession, use and distribution of fireworks for such 221
display shall be lawful for that purpose only. No permit granted 222
hereunder shall be transferable. Any permit issued under the provisions 223
of this section may be suspended or revoked by the Commissioner of 224
Emergency Services and Public Protection or the local fire marshal for 225
violation by the permittee of any provision of the general statutes, any 226
regulation or any ordinance relating to fireworks. 227
Sec. 5. Subsection (a) of section 29 -357a of the general statutes is 228
repealed and the following is substituted in lieu thereof (Effective October 229
1, 2026): 230
(a) The Commissioner of Emergency Services and Public Protection , 231
in coordination with the advisory committee established under 232
subsection (b) of section 1 of this act and in accordance with the 233
provisions of section 2 of this act, shall adopt regulations [, in accordance 234
with chapter 54,] for the granting of permits for supervised displays of 235
special effects produced by pyrotechnics, including sparklers and 236
fountains, or flame producing devices by municipalities, fair 237
associations, amusement parks, other organizations or groups of 238
individuals or artisans in pursuit of their trade. Such regulations (1) 239
shall be made part of the State Explosives, Blasting and Pyrotechnic 240
Code adopted pursuant to section 1 of this act , (2) shall include 241
provisions for determining the competency of persons intending to 242
discharge or fire such special effects , [. Such regulations ] and (3) shall 243
not apply to ceremonial activities that include minimal use of 244
pyrotechnics or flame producing devices. 245
Sec. 6. Subsection (b) of section 29 -359 of the general statutes is 246
repealed and the following is substituted in lieu thereof (Effective October 247
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1, 2026): 248
(b) The Commissioner of Emergency Services and Public Protection, 249
in coordination with the advisory committee established under 250
subsection (b) of section 1 of this act and in accordance with the 251
provisions of section 2 of this act, shall adopt regulations [in accordance 252
with the provisions of chapter 54 ] defining the term "pyrotechnics" for 253
purposes of subsection (a) of this section. Such regulations shall be made 254
part of the State Explosives, Blasting and Pyrotechnic Code adopted 255
pursuant to section 1 of this act. 256
Sec. 7. Subsection (a) of section 29 -367 of the general statutes is 257
repealed and the following is substituted in lieu thereof (Effective October 258
1, 2026): 259
(a) The Commissioner of Emergency Services and Public Protection , 260
in coordination with the advisory committee established under 261
subsection (b) of section 1 of this act and in accordance with the 262
provisions of section 2 of this act, shall adopt [, and may amend, 263
reasonable] regulations [, in accordance with the provisions of chapter 264
54,] concerning the safe design, construction, manufacture, testing, 265
certification, storage, sale, shipping, operation and launching of rockets 266
propelled by rocket motors, including, but not limited to, solid, liquid 267
and cold propellant, hybrid, steam or pressurized liquid rocket motors. 268
Such regulations shall (1) be made part of the State Explosives, Blasting 269
and Pyrotechnic Code adopted pursuant to section 1 of this act, and (2) 270
include provisions for the prevention of injury to life and damage to 271
property and protection of hazards incident to the design, construction, 272
manufacture, testing, storage, sale, shipping, operation and launching 273
of such rockets. The commissioner shall enforce such regulations. 274
Sec. 8. Section 4 -173 of the general statutes is repealed and the 275
following is substituted in lieu thereof (Effective October 1, 2026): 276
The Secretary of the State may omit from the regulations of 277
Connecticut state agencies posted on the eRegulations System (1) any 278
regulation of a federal agency or a government agency of another state 279
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that is incorporated by reference into a Connecticut regulation, (2) any 280
regulation that is incorporated by reference into a Connecticut 281
regulation and to which a third party holds the intellectual property 282
rights, (3) the State Building Code, (4) the State Fire Prevention Code, 283
[and] (5) the State Fire Safety Code, and (6) the State Explosives, Blasting 284
and Pyrotechnic Code. The Secretary of the State may post a link on the 285
eRegulations System to an electronic copy of the State Building Code, 286
the State Fire Prevention Code, the State Fire Safety Code , the State 287
Explosives, Blasting and Pyrotechnic Code and any document 288
incorporated by reference, if available and not prohibited by any state 289
or federal law, rule or regulation. Such link shall not be considered to be 290
a part of the official compilation of the regulations of Connecticut state 291
agencies. Each agency that incorporates a document by reference into a 292
regulation shall maintain a copy of such document readily available for 293
public inspection in the principal office of the agency, except for a 294
regulation of a federal agency or a government agency of another state 295
that is published by or otherwise available in printed or electronic form 296
from such federal or government agency. Copies of the State Building 297
Code, the State Fire Prevention Code and the State Fire Safety Code shall 298
be readily available for public inspection in the principal office of the 299
Department of Administrative Services. Copies of the State Explosives, 300
Blasting and Pyrotechnic Code shall be readily available for public 301
inspection in the principal office of the Department of Emergency 302
Services and Public Protection. 303
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 New section
Sec. 2 October 1, 2026 New section
Sec. 3 October 1, 2026 29-349(a)
Sec. 4 October 1, 2026 29-357(b)
Sec. 5 October 1, 2026 29-357a(a)
Sec. 6 October 1, 2026 29-359(b)
Sec. 7 October 1, 2026 29-367(a)
Sec. 8 October 1, 2026 4-173

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Statement of Legislative Commissioners:
Section 8 was added for consistency with similar provisions of the
general statutes.

PS Joint Favorable Subst. -LCO

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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:
Agency Affected Fund-Effect FY 27 $ FY 28 $
Emergency Services and Public
Protection, Dept.
GF - Cost 187,871 187,871
State Comptroller - Fringe
Benefits1
GF - Cost 78,568 78,568
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill requires the Department of Emergency Services and Public
Protection (DESPP) to adopt and administer a State Explosives, Blasting,
and Pyrotechnic Code, resulting in a cost of $266,439 annually for salary
and fringe benefits associated with one new Staff Attorney and one new
Paralegal Specialist. Developing, promulgating, and administering this
code would be a new function f or the agency and it is anticipated that
DESPP will need these two new positions in its Legal Affairs Unit to
meet the requirements of the bill.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to inflation.

1The fringe benefit costs for most state employees are budgeted centrally in accounts
administered by the Comptroller. The estimated active employee fringe benefit cost
associated with most personnel changes is 41.82% of payroll in FY 27.
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OLR Bill Analysis
sSB 368

AN ACT CONCERNING A STATE EXPLOSIVES, BLASTING AND
PYROTECHNIC CODE.

SUMMARY
This bill requires the Department of Emergency Services and Public
Protection (DESPP) commissioner, in coordination with an advisory
committee the bill creates, to adopt and administer a State Explosives,
Blasting, and Pyrotechnic Code with provisions for explosives, blasting,
gunpowder, fireworks, pyrotechnics, and rockets. It sets administrative
procedures for adopting and amending this code that are substantially
similar to those under existing law for the State Building Code, Fire
Safety Code, and State Fire Prevention Code.
Current law authorizes DESPP to regulate explosives, blasting
agents, fireworks, pyrotechnics, sparklers, fountains, flame producing
devices, and rockets by adopting regulations according to the Uniform
Administrative Procedure Act (UAPA). The bill makes these regulations
part of the State Explosives, Blasting and Pyrotechnic Code and exempts
them from the UAPA. It instead subjects them to the process set out in
the bill for the State Explosives, Blasting , and Pyrotechnic Code ,
including that the DESPP commissioner adopt them in coordination
with the bill’s advisory committee. Generally, unlike the UAPA process,
the new code’s adoption process (1) does not require the attorney
general to review the proposed codes for legal sufficiency and allows
the Regulation Review Committee to waive its review and (2) deems a
proposed code approved if the committee fails to meet or act within
prescribed deadlines.
The bill also makes other conforming and technical changes.
EFFECTIVE DATE: October 1, 2026
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STATE EXPLOSIVES, BLASTING, AND PYROTECHNIC CODE
MODEL, REVISION SCHEDULES, AND INTERPRETATIONS
The bill requires the State Explosives, Blasting, and Pyrotechnic Code
to be based on nationally recognized standards and codes. It must also
be revised (1) at the same time as the State Building Code and (2) as
needed to incorporate any subsequent revisions to the nationally
recognized standards and codes within 18 months after the y are first
published.
Under the bill, the DESPP commissioner may issue official
interpretations of the State Explosives, Blasting, and Pyrotechnic Code,
including on the applicability of any code provision. It requires him to
compile and index each code interpretation and publish them at
periodic intervals at least every four months.
ADVISORY COMMITTEE
The bill creates an 11-member advisory committee made up of:
1. the state fire marshal (or her designee);
2. two members representing local fire marshals, deputy fire
marshals, and fire inspectors, selected from a list submitted by
the Connecticut Fire Marshals Association;
3. five members representing the State Police;
4. one member representing the State Fire Prevention Code’s
advisory committee;
5. one member representing the Connecticut Career Fire Chiefs
Association; and
6. one member who has expertise in matters relating to the
explosives or pyrotechnics industry.
All appointments to the committee must be made by the DESPP
commissioner.
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STATE EXPLOSIVES, BLASTING, AND PYROTECHNIC CODE
ADOPTION PROCESS
Action Steps Preceding Code Adoption
Under the bill, before the proposed State Explosives, Blasting, and
Pyrotechnic Code or any amendment to it is adopted, the DESPP
commissioner must do the following:
1. post the proposed code, a statement of its purpose, a fiscal note
associated with compliance, and a regulatory flexibility analysis
on the DESPP website;
2. send notice electronically to the Public Safety and Security
Committee;
3. notify anyone who requested advance notice of proposed code
adoption proceedings;
4. allow for a 45 -day public comment period after the proposed
code, statement of purpose, fiscal note, and regulatory flexibility
analysis are posted; and
5. hold a public hearing on the proposed code between 20 and 35
days after posting the required information.
Public Comments and Code-Making Record
Under the bill, after the public comment period closes, the DESPP
commissioner and the State Explosives, Blasting, and Pyrotechnic
Code’s advisory committee must respond to all written and oral
comments received during the comment period and at the public
hearing. The response must include any change made to the proposed
code, if applicable, and the rationale for the change. The DESPP
commissioner must post the responses on the DESPP website within 30
days after the comment period closes.
The DESPP commissioner and the advisory committee must create
and maintain a code-making record for each proposed code, submit the
record electronically to the Public Safety and Security and Regulation
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Review committees, and post it on the DESPP website. The record must
include the following:
1. the final wording of the proposed code in a format consistent
with nationally recognized standards and codes,
2. the required fiscal note and regulatory flexibility analysis, and
3. all written and oral comments received during the public
comment period, and the responses to them.
Regulation Review Committee Deadlines for Action on Proposed
Codes
The bill gives the Regulation Review Committee up to 45 days after
the record is submitted to the committee to convene a meeting to
approve, disapprove, or reject without prejudice the proposed code, in
whole or in part. If the proposed code is withdrawn, the DESPP
commissioner must resubmit it and the committee has up to 45 days
from the resubmittal to convene a meeting to approve, disapprove, or
reject it without prejudice. If the committee notifies the commissioner in
writing that it is waiving its right to convene a meeting or fails to act on
a proposed or a resubmitted proposed code within the deadlines, it is
deemed approved by the committee.
Committee Disapproval of Code
Under the bill, if the committee disapproves a proposed code, in
whole or in part, it must notify the DESPP commissioner about its
disapproval and the reasons for it. The commissioner cannot take any
action to implement a disapproved code , but he may submit a
substantively new proposed code. The legislature may also reverse the
disapproval through existing provisions in the UAPA.
Committee Rejection of Code without Prejudice
If the committee rejects all or part of a proposed code without
prejudice, the bill requires it to notify the DESPP commissioner about
the reasons for the rejection. The commissioner must resubmit the
proposed code in a revised form to the committee within 30 days after
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the rejection. Each resubmission must include a summary of any
revisions. The committee must review and take action on the
resubmittal within 45 days after receiving it.
Enforceability of Code
Under the bill, the State Explosives, Blasting, and Pyrotechnic Code
or any approved amendment to it takes effect and is enforceable once
posted on the DESPP website, except that (1) if a later date is required
by statute or the code, the later date is the effective date, and (2) a code
cannot take effect before the effective date of the public act requiring or
permitting it.
The DESPP commissioner must include a statement certifying that
the electronic copy of the code is a true and accurate copy of the code
approved or deemed approved in accordance with the bill. The
electronic copy of the code posted on the DESPP website is the official
version for all purposes, including legal and administrative
proceedings.
Code Validity
The bill specifies that no provision of the State Explosives, Blasting,
and Pyrotechnic Code or any amendment to it adopted after the bill’s
effective date is valid unless it substantially complies with the bill. A
proceeding to contest any provision on grounds of noncompliance must
be commenced within two years from the code’s effective date.
Public Access to the Code
The bill requires the DESPP commissioner to advise the public on
how to obtain a copy of the code and any amendments to it.
EREGULATIONS SYSTEM
By law, the secretary of the state may omit certain regulations from
the regulations of state agencies posted on the eRegulations System. As
with the State Building Code, Fire Safety Code, and State Fire
Prevention Code under existing law, the bill allows the secretary to omit
the State Explosives, Blasting, and Pyrotechnic Code and post a link to
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an electronic copy of it. It requires that copies of the code be readily
available for inspection in DESPP’s principal office.
BACKGROUND
Related Bill
sHB 5401, § 1, favorably reported by the Public Safety and Security
Committee, makes several changes to when and under what
circumstances the State Building Code may be amended, including
limiting the frequency with which the code can be revised to once every
six years or once per two full “model code cycles” (i.e. the recurring
period, typically three years, during which an edition of the nationally
recognized model building code is published).
COMMITTEE ACTION
Public Safety and Security Committee
Joint Favorable
Yea 29 Nay 0 (03/17/2026)