Revises provisions relating to the sale of fireworks. (BDR 42-1077)

S.B. 394

- *SB394*

SENATE BILL NO. 394–SENATOR OHRENSCHALL

MARCH 17, 2025
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Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to the sale of fireworks.
(BDR 42-1077)

FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to fireworks; prohibiting the sale of fireworks to a
person who is less than 18 years of age; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a board of county commissioners to pass ordinances 1
prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage 2
and possession of fireworks in the county. (NRS 244.367) Existing law further 3
requires the State Fire Marshal to enforce all laws and adopt regulations relating to 4
the storage and use of fireworks under those circumstances that are not otherwise 5
regulated by the Division of Industrial Relations of the Department of Business and 6
Industry. (NRS 477.030) Section 1 of this bill prohibits the sale of fireworks to any 7
person who is less than 18 years of age. Section 2 of this bill provides that an 8
ordinance passed by a board of county commissioners must not conflict with the 9
provisions of section 1. 10

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 477 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
A person shall not sell or offer to sell fireworks to any person 3
who is less than 18 years of age. 4

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- *SB394*
Sec. 2. NRS 244.367 is hereby amended to read as follows: 1
244.367 1. Except as otherwise provided in subsection 3, the 2
board of county commissioners shall have power and jurisdiction in 3
their respective counties to pass ordinances: 4
(a) Prohibiting, restricting, suppressing or otherwise regulating 5
the sale, use, storage and possession of fireworks; and 6
(b) Providing for the imposition of criminal or civil penalties, or 7
both, for the violation thereof. A civil penalty imposed p ursuant to 8
such an ordinance must not be: 9
(1) In an amount less than $250 or more than $1,000 for a 10
violation involving less than 100 pounds in gross weight of 11
fireworks, including packaging; 12
(2) In an amount less than $1,000 or more than $5,000 for a 13
violation involving not less than 100 pounds or more than 5,000 14
pounds in gross weight of fireworks, including packaging; 15
(3) In an amount less than $5,000 or more than $10,000 for a 16
violation invo lving more than 5,000 pounds in gross weight of 17
fireworks, including packaging; or 18
(4) Imposed against a person who has been issued a license 19
or permit pursuant to the ordinance. 20
2. An ordinance passed pursuant to subsection 1 must: 21
(a) Provide that any license or permit that may be required for 22
the sale of fireworks must be issued by the licensing authority for: 23
(1) The county, if the fireworks are sold within the 24
unincorporated areas of the county; or 25
(2) A city located within the county, if the fireworks are sold 26
within the jurisdiction of that city; and 27
(b) Establish factors for determining the severity of any criminal 28
penalty or any civil penalty within the limits contained in paragraph 29
(b) of subsection 1 that take into account, without limit ation, the 30
number and severity of any previous violations. 31
3. An ordinance passed pursuant to subsection 1 must not 32
apply to a child under the age of 18 years [unless the child is 33
emancipated.] or conflict with the provisions of section 1 of this 34
act. 35
Sec. 3. This act becomes effective upon passage and approval. 36

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