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ACT No. 8572026 Regular Session
HOUSE BILL NO. 956
BY REPRESENTATIVE FONTENOT
1 AN ACT
2 To amend and reenact R.S. 51:650(23), (24), (26), and (28), 651.1(B), 652(B), 655(C)(3)
3 and (8), (E), (G), and (H)(1), 656(A), (C)(1)(f), (E), and (F), and 658(A), to enact
4 R.S. 51:656(F), and to repeal R.S. 51:650(6) and (27) and 655(D), relative to
5 fireworks; to provide for definitions; to classify which items may be sold to the
6 public; to provide for time for selling; to provide for licensing and permitting
7 requirements; to provide for fees; to prohibit shipment or delivery of fireworks; to
8 provide relative to local licensing; to provide for an effective date; and to provide for
9 related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 51:650(23), (24), (26), and (28), 651.1(B), 652(B), 655(C)(3) and
12 (8), (E), (G), and (H)(1), 656(A), (C)(1)(f), (E), and (F), and 658(A) are hereby amended and
13 reenacted and R.S. 51:656(F) is hereby enacted to read as follows:
14 §650. Definitions
15 As used in this Part, the following terms have the meanings ascribed to them
16 in this Section unless the context clearly indicates otherwise:
17 * * *
18 (23) "Proximate display" includes all indoor displays and means a
19 pyrotechnic public display involving the ignition of Fireworks 1.3G or Fireworks
20 1.4G for public viewing, where the audience is closer to the pyrotechnic devices than
21 permitted by NFPA 1123 Code of Fireworks Display. The term does not include the
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1 use of Fireworks 1.4G by a retail consumer for private or personal viewing. any
2 indoor display or a pyrotechnic public display for public viewing where the audience
3 is closer to the pyrotechnic devices than permitted by NFPA 1123 and governed by
4 NFPA 1126 and NFPA 1124.
5 (24) "Public display" means the display of 1.4S, 1.4G, or 1.3G fireworks,
6 including fireworks not listed as permissible in R.S. 51:651, used for any purpose
7 relating to the amusement of the general public use of 1.4S, 1.4G, or 1.3G fireworks
8 for the public's amusement, governed by NFPA 1123 and NFPA 1124 requirements,
9 as published by the National Fire Protection Association (NFPA), or any subsequent
10 amended additions thereof. "Public display" does not include a retail consumer's use
11 of 1.4G fireworks for private viewing.
12 * * *
13 (26) "Pyrotechnic operator" means an individual skilled through experience
14 and examination and licensed by the office of state fire marshal to safely assemble,
15 discharge, and supervise public displays of 1.3G or 1.4G fireworks. who, by
16 experience and examination, has demonstrated the necessary skill and ability for
17 safely assembling, discharging, and supervising public displays of Fireworks 1.3G.
18 (28) "Pyrotechnic special effects operator" means an individual who, by
19 experience and examination, has demonstrated the necessary skill and ability for
20 safely assembling, discharging, and supervising proximate displays of Fireworks
21 1.3G, 1.4G, and 1.4S. skilled through experience and examination and licensed by
22 the office of state fire marshal to safely assemble, discharge, and supervise
23 proximate displays of 1.3G or 1.4G fireworks.
24 * * *
25 §651.1. Possession, sale, or use of certain fireworks prohibited; penalties
26 * * *
27 B. It is unlawful for any person in the state of Louisiana to possess, sell, or
28 use for any purpose whatsoever any of the following items of commercial fireworks:
29 cherry bombs, tubular salutes, two-inch American-made salutes, firecrackers with
30 casings the external dimensions of which exceed one and one-half inches in length
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1 or one-quarter of an inch in diameter, repeating bombs, aerial bombs, torpedoes
2 which exceed three-eighths of an inch in diameter, Roman candles larger than ten
3 ball, and sky rockets larger than six ounces. It is also unlawful for any person to ship
4 into the state of Louisiana any of the above mentioned items for any purpose
5 whatsoever. Only items classified as 1.4G fireworks in compliance with American
6 Pyrotechnics Association (APA) Standard 87-1A may be sold by a properly licensed
7 retailer to the public.
8 * * *
9 "§652. Proper naming; certification on shipping cases; time for selling; exceptions;
10 sale and storage in homes prohibited
11 * * *
12 B. Permissible items of fireworks, enumerated in R.S. 51:651, may be sold
13 at retail only from noon seven o'clock in the morning June sixteenth through
14 midnight July fifth and ; noon seven o'clock in the morning December fifteenth
15 through midnight January first; seven o'clock in the morning on the Tuesday
16 immediately prior to Memorial Day through midnight on Memorial Day; and seven
17 o'clock in the morning on the Tuesday immediately prior to Labor Day through
18 midnight on Labor Day of each calendar year.
19 * * *
20 §655. Public displays; proximate displays; Class C public displays; licenses;
21 permits; fees; adoption of rules and regulations
22 * * *
23 C.
24 * * *
25 (3) A licensee whose license has been expired for two years or more and who
26 makes application for a new license shall retake and pass the written examination to
27 receive a renewed new license.
28 * * *
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1 (8) The cost of the pyrotechnic operator, pyrotechnic special effects operator,
2 and blaster's license is fifty two hundred dollars for a new license and twenty-five
3 one hundred dollars for renewals.
4 E.(1) A person or firm shall not make or perform a public display, proximate
5 display, or Class C public display, as defined in this Part, without first obtaining a
6 permit from the office of state fire marshal.
7 (2) (1) A person or firm desiring applying for a permit for a public display
8 or proximate display may either apply to the office of state fire marshal or to a
9 certified local authority certified under in accordance with the provisions of R.S.
10 40:1563, which application shall be received by either the state fire marshal or the
11 certified local authority at least five days prior to the event. The application shall
12 contain all of the following information:
13 (a) The date, time, and place of the public display or proximate display
14 including the length of time of the display.
15 (b) All fire prevention plans and provisions that will be in force and all fire
16 prevention personnel and equipment available to ensure the safety of the public
17 attending the display.
18 (c) A copy of the permit issued by the office of state fire marshal to the
19 distributor who will be supplying or conducting the public display or proximate
20 display to assure the state fire marshal or his certified local authority that the
21 fireworks and the actual presentation and conduct of the public display or proximate
22 display will not endanger the public safety.
23 (d) A current certificate of insurance issued to the office of state fire marshal
24 showing general liability coverage in the amount of one million dollars.
25 (3) A public entity desiring a permit for a Class C public display may apply
26 to the office of state fire marshal, which application shall be received by the state fire
27 marshal at least five days prior to the event. The application shall contain the
28 following information:
29 (a) The date, time, and place of the Class C public display including the
30 length of time of the display.
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1 (b) All plans and provisions that will be in force to ensure the safety of the
2 public attending the public display.
3 (c) A copy of the training certification issued by the office of state fire
4 marshal to the person or firm who will be conducting the Class C public display to
5 assure the state fire marshal that the fireworks and the actual presentation and
6 conduct of the Class C public display will not endanger the public safety.
7 (4) (2) The fee for application for a permit for a public display or proximate
8 display is one two hundred dollars. The fee for renewal of such permit shall be one
9 hundred dollars. All fees and shall be used to offset the cost of processing the permit
10 request and cover the expense of any necessary onsite inspections. The fee for the
11 application for a permit for a Class C public display is twenty-five dollars and shall
12 be used to offset the cost of processing the permit request and any necessary onsite
13 inspections.
14 * * *
15 G. The state fire marshal may promulgate and adopt rules and regulations in
16 accordance with the Administrative Procedure Act to ensure that the supplier of the
17 fireworks and the holder of a public display, or proximate display, or Class C public
18 display permit will adequately protect the public safety.
19 H.(1) Fireworks that are to be used for public display or proximate display
20 only shall at all times be kept in the possession of those responsible and be stored in
21 an appropriate storage in accordance with the regulations of NFPA 1124 as published
22 by the National Fire Protection Association, or any subsequent amended editions
23 thereof that are adopted by the state fire marshal. Fireworks that are to be used for
24 public display shall be confined to that use only.
25 * * *
26 §656. Permit to sell fireworks; application; fees; permit numbers
27 A.(1) It is unlawful to sell, construct, or manufacture any items of fireworks
28 without first obtaining a retail permit properly issued by the state fire marshal.
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1 (2) Direct-to-consumer shipment, mailing, or delivery of consumer fireworks
2 by any licensee, out-of-state seller, common carrier, broker, third-party, or person
3 is prohibited.
4 (3) The state fire marshal may promulgate rules and regulations in
5 accordance with the Administrative Procedure Act to effectuate and enforce the
6 provisions of this Section.
7 * * *
8 C.(1) The applicant shall pay a permit fee for each type of business
9 conducted and for each location at which the business is conducted, according to the
10 following schedule:
11 (a) Manufacturer $ 10,000.00
12 (b) Assembler $ 1,000.00
13 (c) Distributor $ 2,000.00
14 (d) Importer $ 500.00
15 (e) Jobber $ 250.00
16 (f) Retailer $ 100.00 250.00
17 * * *
18 E. It is unlawful for any person to purchase fireworks from a wholesaler,
19 manufacturer, assembler, distributor, importer, or jobber without first obtaining a
20 valid retail permit issued by the state fire marshal. No action taken pursuant to this
21 Part shall impair the lawful sale of consumer fireworks that were lawfully acquired
22 by a licensed retailer pursuant to this Part.
23 F. It is unlawful for a jobber or retailer who holds a permit issued pursuant
24 to the provisions of this Part to purchase fireworks from a distributor domiciled
25 outside the state of Louisiana unless that distributor can show proof that he holds a
26 valid permit issued as provided in this Part to perform the functions of a distributor
27 and importer. If the distributor does not hold a valid permit, the jobber or retailer is
28 then liable for the permit and shall immediately purchase a permit from the office of
29 state fire marshal.
30 * * *
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1 §658. Penalties
2 A.(1) No A manufacturer, assembler, distributor, importer, jobber, or retailer
3 shall not operate within the state of Louisiana without proper permit.
4 (2) A wholesaler, manufacturer, assembler, distributor, importer, jobber, or
5 retailer within this state, or any common carrier, broker, third-party, or other person
6 shall not sell for delivery or cause to be delivered any consumer fireworks within this
7 state.
8 (3) A person found operating within the state of Louisiana without a proper
9 permit shall immediately cease the sale of fireworks upon the lawful order of the
10 state fire marshal, a certified local authority of the fire marshal, or any local law
11 enforcement official until such time as an application for permit has been made to
12 the state fire marshal as required in R.S. 51:656 and subsequently granted. The
13 application for a retail permit shall be notarized and shall attest that each location on
14 the application is situated in a jurisdiction which allows legal retail fireworks sales,
15 that no open flame heating devices are located at any listed location, that there are
16 no facilities for sleeping and sleeping is not allowed in any listed location, and that
17 no listed location is used for residential purposes or for other than the purpose of
18 making retail sales of fireworks. Violation by transmission of a false statement or
19 false representation of any information required by this Paragraph may be prosecuted
20 pursuant to R.S. 14:125 and shall be the basis for revocation of all permits held by
21 the applicant.
22 (3) (4) The refusal of any person to cease sales and obtain a permit or the
23 failure of any person to comply with a lawful order of the state fire marshal, a
24 certified local authority of the fire marshal, or any local law enforcement official,
25 may be cause for the seizure of any merchandise and equipment of the person found
26 in violation at any physical location. Those items seized shall be retained until
27 otherwise directed by a court of competent jurisdiction. If the state fire marshal, a
28 certified local authority of the fire marshal, or a local law enforcement official is not
29 otherwise ordered by a court of competent jurisdiction within ninety days of the date
30 of seizure to return the items seized, then the state fire marshal, certified local
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1 authority, or local law enforcement official may destroy or dispose of the seized
2 items in such a manner which, in their discretion, they deem suitable in order to
3 protect the public safety.
4 * * *
5 Section 2. R.S. 51:650(6) and (27) and 655(D) are hereby repealed in their entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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