HB2246 - 492R - Senate Fact Sheet

ARIZONA STATE SENATE

Forty-ninth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2246

regulation of fireworks

Purpose

Allows the sale and use of consumer fireworks to persons unless otherwise regulated by a governing body. Requires the State Fire Marshal (Marshal) to adopt rules relating to the sale of consumer fireworks and allows the Marshal to impose a civil penalty for prohibited use.

Background

A.R.S. § 36-1602 prohibits the selling, offering or exposing for sale, using, exploding or possessing of any fireworks, except as permitted by law. Statute also allows for incorporated cities and towns to further regulate the sale, use and possession of fireworks, but restricts such cities and towns from permitting or authorizing the sale, use or possession that would violate current law.

Last year, the Legislature approved a similar bill but it was vetoed by the Governor. In her veto letter, the Governor cited her concern about not addressing the risk of fire in Arizona. H.B. 2246 allows the Marshal to collect a penalty for misuse of consumer fireworks and directs those collected monies to the Fire Suppression Revolving Fund (Fund). The Marshal is appointed by the Director of the Department of Fire, Building and Life Safety to “promote public health and safety and to reduce hazards to life, limb and property” (A.R.S. § 41-2161). The Marshal is responsible for performing inspections and fire investigations, educating the public and adopting fire safety codes. The Fund was established for the deposit of monies received by the State Forester for wildland fire suppression and resources, for payment for activities related to combating wildland fires and supporting other unplanned risk activities. Monies in the Fund are continuously appropriated to the State Forester, except that if the unobligated balance of the fund exceeds $2,000,000 at the end of any calendar year, the excess must be transferred to the state General Fund.

There may be a fiscal impact to the Fund associated with this legislation. The measure allows the Marshal to collect penalties but also prescribes additional requirements for the Marshal. The state General Fund could potentially be impacted if penalties are collected totaling more than $2,000,000.

Provisions

1. Allows the use of permissible consumer fireworks by the general public and the sale of permissible consumer fireworks by a retail establishment if the establishment follows storage and retail rules adopted by the Marshal.

2. Prohibits the selling, permission or authorization of the sale of permissible consumer fireworks to persons under the age of 16.

3. Prohibits further regulation of the use of permissible consumer fireworks by a governing body, except that:

a) an incorporated city or town may regulate the use of permissible consumer fireworks within its corporate limits and

b) a county may regulate the use of permissible consumer fireworks in unincorporated areas when there is a reasonable risk of wildfires within the county.

4. Specifies that the sale and use of permissible consumer fireworks are of statewide concern.

5. Requires the Marshal to adopt rules to enforce fireworks laws, including a rule that adopts the National Fire Protection Association code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles.

6. Allows the Marshal to impose a $1,000 civil penalty for each incident of prohibited use of fireworks on state land and directs the Marshal to deposit the collected penalties in the Fund.

7. Stipulates that permissible consumer fireworks include ground and hand-held sparkling devices, cylindrical and cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, toy smoke devices, wire sparklers or dipped sticks, multiple tube fireworks devices and pyrotechnic articles.

8. Specifies that permissible consumer fireworks do not include anything that is designed or intended to rise into the air and explode or to detonate in the air including bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, roman candles and jumping jacks.

9. Specifies that fireworks do not include federally deregulated novelty items known as snakes, toy smoke devices and sparklers.

10. Removes the requirement that certain non-firework products contain less than twenty-five hundredths grains of explosive compound.

11. Modifies the definition of fireworks to include consumer fireworks and display fireworks.

12. Defines consumer fireworks and display fireworks.

13. Makes technical and conforming changes.

14. Becomes effective on January 1, 2011.

Amendments adopted by committee