It is unlawful for a person to manufacture, wholesale, distribute, import, sell or store for the purpose of resale, consumer fireworks, sparkling devices, novelties or toy caps without a license, registration, certificate or permit from the State Fire Marshal.
This article does not affect the authority of the governing body of a municipality to prohibit or regulate the use of consumer fireworks within its boundaries.
(a) A person may not intentionally ignite, discharge or use consumer fireworks on public or private property without the express permission of the owner to do so. (b) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building. (c) A […]
Any person who violates a provision of this article for which a penalty is not expressly set forth is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $500.00. The provisions of this section shall be effective June 1, 2016.
(a) The State Fire Marshal shall seize, take, remove and dispose of at public auction or destroy, or cause to be seized, taken or removed and disposed of at public auction, or destroyed at the expense of the owner, all stocks of fireworks or combustibles offered for sale, stored or held in violation of this […]
Annually, on or before January 15, 2017, 2018 and 2019: (1) The State Treasurer shall submit to the President of the Senate and the Speaker of the House of Delegates a report detailing the amount of revenue received and deposited from the Fireworks Safety Fee into the Fire Safety Fund authorized by section seven of […]
As used in this article: (1) "Agricultural and wildlife fireworks" means fireworks devices distributed to farmers, ranchers and growers through a wildlife management program administered by the United States Department of the Interior or the Division of Natural Resources of this state;
A person may produce or transport a firework that is a new explosive and that is either a division 1.3 explosive or division 1.4 explosive if the person first meets the requirements of 49 C.F.R. §173.56(2)(j) (2014).
(a) A person may not sell sparkling devices or novelties without being registered with the State Fire Marshal. (b) To be registered with the State Fire Marshal, the person shall: (1) Submit an application to the State Fire Marshal;
(a) A retailer may not sell consumer fireworks unless the retailer is certified under this article. (b) To be certified to sell consumer fireworks a retailer shall: (1) Submit an application to the State Fire Marshal;
(a) Any municipality, county, fair association, amusement park or other organization shall have a permit to present a public display of fireworks from the State Fire Marshal. (b) To receive a permit, a municipality, fair association, amusement park, or other organization shall: (1) Submit an application to the State Fire Marshal;
(a) In addition to the sales tax, a fireworks safety fee of twelve percent of all sales is levied on retail sales of consumer fireworks in this state. The fee shall be distributed pursuant to the provisions of this subsection. The fee computation under this subsection shall be carried to the third decimal place, and […]
The State Fire Marshal may promulgate emergency rules and shall propose legislative rules for promulgation, in accordance with 29A-3-1 et seq. of this code, to implement this article, including: (1) Adopting by reference the most recent edition of APA Standard 87-1;
This article does not prohibit any of the following: (1) The use of fireworks by railroads or other transportation agencies for signaling purposes or illumination;
