Section 39-2601 – SHORT TITLE.

39-2601. SHORT TITLE. This act shall be known and may be cited as the "Fireworks Act of 1997." History: [39-2601, added 1997, ch. 246, sec. 2, p. 709.]

Section 39-2602 – DEFINITIONS.

39-2602. DEFINITIONS. As used in this chapter, these terms shall have the following meanings: (1) "Authority having jurisdiction" means a city fire department if the area is within a city, or a fire protection district formed pursuant to provisions of the Idaho Code if the area is within a fire protection district, or the county […]

Section 39-2603 – WHOLESALE AND IMPORT LICENSE REQUIRED.

39-2603. WHOLESALE AND IMPORT LICENSE REQUIRED. (1) A license shall be required for any person to import fireworks into this state or to operate a wholesale fireworks business in this state. (2) Fireworks shall only be delivered in this state by a person with a valid wholesale or import license under the following circumstances: (a) […]

Section 39-2604 – PERMIT REQUIRED FOR RETAIL SALES.

39-2604. PERMIT REQUIRED FOR RETAIL SALES. (1) The local authority having jurisdiction may require a permit for the retail sale of nonaerial common fireworks. (2) If a permit is required the applications shall be on a form approved by the authority having jurisdiction and shall include the name and address of the applicant (or the […]

Section 39-2605 – PERMIT REQUIRED FOR PUBLIC DISPLAY OR OTHER EVENT USING FIREWORKS.

39-2605. PERMIT REQUIRED FOR PUBLIC DISPLAY OR OTHER EVENT USING FIREWORKS. (1) The authority having jurisdiction may, at its discretion, issue a permit for public display or other events in the following circumstances: (a) After determining that the public display will be supervised by a qualified person and will not constitute an unreasonable hazard to […]

Section 39-2606 – AUTHORIZED DATES FOR THE SALE AND USE OF FIREWORKS.

39-2606. AUTHORIZED DATES FOR THE SALE AND USE OF FIREWORKS. (1) Nonaerial common fireworks may be sold at retail and used beginning at midnight June 23, and ending at midnight July 5 and beginning at midnight December 26 and ending at midnight January 1. The authority having jurisdiction may at its discretion extend each period […]

Section 39-2607 – TEMPORARY FIREWORKS STANDS.

39-2607. TEMPORARY FIREWORKS STANDS. Retail sales of nonaerial common fireworks shall be allowed only from within a temporary fireworks stand unless the authority having jurisdiction finds appropriate circumstances justifying reasonable variance from strict compliance with this section. An existing permanent building which was used for the retail sale of fireworks in 1996 may continue to […]

Section 39-2608 – SHORT-TERM STORAGE.

39-2608. SHORT-TERM STORAGE. (1) A short-term storage facility may be used for the storage of nonaerial common fireworks for a period of sixty (60) days prior to, and fifteen (15) days after, any authorized retail sales date. The authority having jurisdiction shall be notified of the address or location of all short-term storage facilities when […]

Section 39-2609 – GENERAL PROHIBITIONS.

39-2609. GENERAL PROHIBITIONS. It shall be unlawful for any person, except in compliance with this chapter, to: (1) Alter any fireworks; (2) Throw any fireworks from, into, or at a moving vehicle or at any person; (3) Sell or use any fireworks at any time not permitted under this chapter; (4) Use fireworks in any […]

Section 39-2610 – EXCEPTIONS.

39-2610. EXCEPTIONS. The provisions of this chapter do not apply to and shall not prohibit: (1) The use of flares, noisemakers or signals designed and used for the purpose of protecting the public; (2) The use of blank cartridges; (3) The use of flares or noisemakers designed and labeled specifically for pest control purposes and […]

Section 39-2611 – LIABILITY OF PARENTS.

39-2611. LIABILITY OF PARENTS. The parents or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor. History: [39-2611, added 1997, ch. 246, sec. 2, p. 715; am. 2012, ch. 257, sec. 10, p. 717.]

Section 39-2612 – ENFORCEMENT.

39-2612. ENFORCEMENT. This chapter shall be enforced by the department, cities, counties, fire protection districts or other law enforcement agencies of the state. History: [39-2612, added 1997, ch. 246, sec. 2, p. 715.]

Section 39-2613 – PENALTIES — INJUNCTIONS.

39-2613. PENALTIES — INJUNCTIONS. Except as provided in section 39-2609, Idaho Code, any person violating the provisions of this chapter or any rules issued hereunder is guilty of a misdemeanor. Notwithstanding the existence or use of any other penalty or remedy, any person who violates the provisions of this chapter or any of the rules […]

Section 39-2614 – RULES.

39-2614. RULES. The department may adopt any rules necessary to carry out the provisions of this chapter which are consistent with the provisions of this chapter and which are necessary to carry out its duties under the provisions of this chapter. History: [39-2614, added 1997, ch. 246, sec. 2, p. 715.]