Providing for licensing requirements related to the provision of certain fireworks displays, and providing penalties

The lead pyrotechnic operator license is required for an individual to conduct a pyrotechnic display in Iowa. The bill defines “pyrotechnic display” to mean the detonation, ignition, or deflagration of display fireworks, as defined in the bill by reference, to produce a visual or audible effect. An applicant for such a license shall, at a minimum, be at least years of age, meet the requisite training and education requirements established by the state fire marshal, be of good moral character and fitness, and hold an explosives license or a letter of clearance from the federal bureau of alcohol, tobacco, firearms, and explosives (BATFE). The state fire marshal may also require an applicant for such license to take an examination. The bill requires the state fire marshal to establish a pyrotechnic distributor license. The pyrotechnic distributor license is required for a person to sell or distribute display fireworks for pyrotechnic displays in Iowa, or provide pyrotechnic display services in connection with such displays. An applicant for such license shall, at a minimum, hold a current and applicable license from the BATFE, maintain product liability insurance coverage in the amount of at least $1 million, maintain commercial general liability insurance coverage in the amount of at least $1 million, maintain state workers’ compensation insurance coverage, meet the requisite training and education requirements, and be subject to state taxation as a legal entity doing business in Iowa. The bill requires the state fire marshal to establish a proximate operator license. The proximate operator license is required for an individual to conduct a proximate display in Iowa. The bill defines “proximate display” to mean the detonation, ignition, or deflagration of proximate fireworks, as defined in the bill, to produce a visual or audible effect, or the use of any fireworks before a proximate audience, as described in the bill, but does not include the personal private use of consumer fireworks or novelties. An applicant for such a license shall, at a minimum, be at least years of age, meet the requisite training and education requirements established by the state fire marshal, and provide proof of and maintain liability insurance coverage in an amount established by the state fire marshal. The state fire marshal may also require an applicant to take an examination. The bill provides that an application for any license provided in the bill shall be made on a form provided by the state fire marshal. The state fire marshal shall adopt rules establishing standards and requirements for such licenses that are consistent with the bill. The bill requires the state fire marshal to establish by rule an annual fee schedule for licenses provided in the bill.19(7)(a). The bill provides that a pyrotechnic display in Iowa shall be conducted by a licensed lead pyrotechnic operator who is employed by a licensed pyrotechnic distributor or insured under a licensed pyrotechnic distributor’s product liability and commercial general liability insurance coverage. The bill provides that a proximate display in Iowa shall be conducted by a licensed proximate operator. The bill requires the state fire marshal to adopt rules to provide that a person’s license may be revoked for an intentional violation of the bill’s provisions. The bill establishes a procedure for any such action by the state fire marshal, as described in the bill. The bill provides that a new license shall not be issued to a person whose license is revoked.19B.19B or a rule adopted pursuant to such Code section is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both. The bill makes conforming changes by specifying that any permit for a pyrotechnic display issued by a city, county, or department of natural resources, shall require the pyrotechnic display to be conducted by a licensed lead pyrotechnic operator as provided in the bill.