Modifying provisions relating to the regulation and sale of certain fireworks, making penalties applicable, and including effective date provisions

The bill requires the state fire marshal to approve or deny a completed application for a consumer fireworks seller license, submitted on or before April 30, no later than the following June for an application to sell at a permanent building, or no later than the following June for an application to sell at a temporary structure. If the state fire marshal fails to act on a completed application within the applicable time frame, the application shall be deemed approved.19 in accordance with that Code section. The bill limits the sale of consumer fireworks at temporary structures between June and July each year, instead of between June and July 8. The bill provides that the state fire marshal shall adopt rules to prohibit the sale of consumer fireworks in any residential zone or district. The bill provides that the state fire marshal shall have the sole authority to require or authorize inspections relating to consumer fireworks seller licensure. A city or county shall not have the authority to require or authorize any such inspection, but the state fire marshal may authorize a city or county employee to conduct an inspection on behalf of the state fire marshal.19(7)(a), regardless of whether the state fire marshal or another authorized person conducts the inspection.2, shall be those enacted by the general assembly and any rules provided by the division of the state fire marshal. Any law, ordinance, or regulation relating to such fireworks adopted by a municipality, county, or other governmental unit in existence on the effective date of the bill shall become void and unenforceable, except as provided in the bill. If a claim is brought against a municipality, county, or other governmental unit based on the adoption or enforcement of a regulation in violation of the bill, the municipality, county, or other governmental unit shall be liable for court costs, expenses, and reasonable attorney fees incurred by a prevailing party. Current law allows a county to prohibit or limit the use of consumer fireworks or display fireworks under specified circumstances. Current law also allows a city to prohibit or limit the use of consumer fireworks, display fireworks, or novelties.2(4).19, in any location zoned for commercial or industrial purposes.2(4) authorizes the use of consumer fireworks on certain days and at certain times, including the Saturdays and Sundays immediately preceding and following July and December 31. The bill replaces “Saturdays and Sundays” with “Fridays and Saturdays”.2(4) commits 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.2(4). The bill takes effect upon enactment.