Fireworks licenses and permits: disqualifying conditions: local jurisdictions

The law gives state and local officials more information and enforcement tools for fireworks operations, while raising potential local penalties for fireworks violations. It also broadens what may be treated as dangerous fireworks.

What the law does ​

• Requires fireworks wholesalers, manufacturers, importers, and exporters to report storage-site addresses, local permits or land-use approvals, federal explosives licensing when applicable, and storage information to the State Fire Marshal.
• Requires the Office of the State Fire Marshal to notify specified local officials and agencies when it approves these licenses and reported storage sites.
• Requires local jurisdictions to inspect each fireworks facility or storage site at least annually and allows them to require corrections or suspend or revoke local permits for unsafe or noncompliant conditions.
• Allows local jurisdictions to charge reasonable fees for processing, inspections, and enforcement of fireworks permits and storage conditions.
• Raises maximum local infraction fines for fireworks ordinances to $1,000 for a first violation, $2,000 for a second violation within five years, and $5,000 for later violations within five years.
• Expands dangerous fireworks to include untested fireworks without a pending approval application, defines fireworks kits more broadly, and removes the exemption for certain paper caps.
• Expands license-denial grounds, extends investigatory license suspensions to 90 days, and allows local law-enforcement agencies to seize fireworks.

Who it affects ​

• Fireworks wholesalers, manufacturers, importers, exporters, storage operators, and license applicants.
• Cities, counties, fire protection districts, local fire officials, and local law-enforcement agencies.
• People who violate local fireworks ordinances or possess fireworks classified as dangerous.

Breakdown ​

Fireworks Import License Rules ​

SB 828 requires the State Fire Marshal to create rules for deciding when a license is needed to import fireworks that will not be sold in California. The bill adds this specific licensing determination to the regulations the Fire Marshal must adopt under the State Fireworks Law.

Key takeaways

• The bill requires regulations addressing license requirements for fireworks imported without being sold in California.
• The State Fire Marshal must determine the licensing rules for these imports through regulation.
• The change adds a specific import-related requirement to the existing fireworks licensing regulatory framework.

Expanded Dangerous Fireworks Definition ​

SB 828 broadens which fireworks are treated as dangerous under state law. It updates the definition of a fireworks kit, generally treats untested fireworks as dangerous unless an approval application is pending, and removes the exemption for certain paper caps. Because possessing dangerous fireworks can be a crime, the change can increase local enforcement responsibilities.

Key takeaways

• The bill revises and recasts the definition of a fireworks kit.
• Fireworks that have not been examined and tested by the State Fire Marshal are added to the definition of dangerous fireworks.
• Fireworks with a pending application for State Fire Marshal approval are excluded from the new untested-fireworks category.
• The bill removes the exemption for paper caps containing less than 0.25 grain of pyrotechnic composition per unit load.
• By expanding conduct that can be criminally penalized, the bill creates a state-mandated local program.

Fireworks Storage License Requirements ​

The bill adds disclosure, notice, and documentation requirements for fireworks wholesalers, manufacturers, importers, and exporters that store fireworks. It requires state and local notification about storage locations, allows license denial or revocation for missing required information, and permits local agencies to charge cost-recovery fees for fireworks permits and enforcement.

Key takeaways

• Applicants for wholesaler, manufacturer, importer, and exporter licenses must list the complete street addresses of all storage facilities and report facilities that are new, moved, or no longer operating.
• License holders must notify the Office of the State Fire Marshal and specified local entities before using intended fireworks storage facilities.
• A license holder that fails to provide required storage-location notice may face a fine of at least $10,000 and loss of its license.
• Applicants and license holders must provide proof of required local permits or other approvals, storage-site information, and a Federal Explosives License when required.
• The State Fire Marshal may deny or revoke a license when an applicant or license holder does not provide the required documents or information.
• Local public agencies may adopt fees to recover reasonable costs for administering, processing, inspecting, and enforcing fireworks activity or storage permits.

Local Fireworks Fine Revenue ​

The bill removes the requirement for local governments to send 65% of certain collected fines and penalties for seized dangerous fireworks to the state. Those funds will no longer be required to be deposited in the State Fire Marshal Fireworks Enforcement and Disposal Fund.

Key takeaways

• Local governments will no longer have to forward 65% of collected administrative fines or penalties related to seized dangerous fireworks to the Controller.
• The repealed requirement applied when dangerous fireworks were seized under a local ordinance providing for administrative fines or penalties.
• The State Fire Marshal Fireworks Enforcement and Disposal Fund will no longer be required to receive that 65% share of these local collections.

Higher Local Fireworks Fines ​

The bill allows cities and counties to impose higher fines for violations of local fireworks ordinances that are treated as infractions. It raises both the maximum fine amounts and the period used to count repeat violations from one year to five years.

Key takeaways

• A first violation of a local fireworks ordinance may be fined up to $1,000.
• A second violation of the same local fireworks ordinance within five years may be fined up to $2,000.
• Each additional violation of the same local fireworks ordinance within five years of the first violation may be fined up to $5,000.
• These higher limits apply despite the lower general limits on local administrative fines for ordinance violations.

Local Fireworks Inspections ​

The bill gives local fire officials clear authority to inspect fireworks premises, facilities, and storage sites at reasonable times to check compliance with state fireworks rules, State Fire Marshal regulations, and local fire codes. It requires local agencies to inspect each fireworks facility or storage site in their area at least once every 12 months. Local agencies may require unsafe or noncompliant conditions to be corrected and may suspend or revoke a local permit until compliance is achieved.

Key takeaways

• Local fire department chiefs, fire marshals, fire prevention officers, and authorized representatives may inspect fireworks sites at reasonable times.
• Inspections may cover premises used to manufacture, store, sell, or display fireworks.
• Each local agency must inspect every fireworks facility or storage site in its jurisdiction at least once every 12 months.
• A local agency may require correction of unsafe or noncompliant conditions found during an inspection.
• A local agency may suspend or revoke a local fireworks permit until the permit holder complies with required corrections.
• A local agency that suspends or revokes a permit must notify the State Fire Marshal.

Fireworks Storage Notice Requirements ​

The bill requires importers and exporters of fireworks to add the storage facility’s street address and county to their required notice to the State Fire Marshal. It also requires them to send that notice to the local jurisdiction where the fireworks are headed. Because violating the added requirements can be a crime, the bill creates a state-mandated local program.

Key takeaways

• Import and export fireworks licensees must identify the street address and county of the facilities where the fireworks will be stored.
• Licensees must continue to provide the notice to the State Fire Marshal before the fireworks arrive.
• Licensees must also provide the notice to the local jurisdiction listed as the fireworks’ destination.
• The new requirements expand conduct that may be criminally enforceable, creating a state-mandated local program.

Local Seizure of Fireworks ​

SB 828 lets local law enforcement agencies seize fireworks. It also lets those agencies charge the person or business whose fireworks are seized enough to cover the costs of transporting, storing, and handling them.

Key takeaways

• Local law enforcement agencies may seize fireworks.
• A person or business whose fireworks are seized may be charged for the costs of transporting, storing, and handling the fireworks.
• The charge may be enough to cover the full cost of those activities.
• This expands seizure authority beyond the state and fire-related agencies already authorized to seize fireworks.

Longer Fireworks License Disqualification ​

SB 828 extends the period during which a prior fireworks license denial or revocation can lead to a new application being denied without a hearing. The State Fire Marshal may now deny an application or renewal if the applicant had a license denied or revoked for violating state fireworks law within the previous five years, rather than the previous one year.

Key takeaways

• The bill increases the lookback period from one year to five years.
• A prior denial or revocation for a State Fireworks Law violation can support denying a new license application or renewal without a hearing.
• The prior denial or revocation must have resulted from a proceeding conducted under the Administrative Procedure Act.
• The change applies to fireworks license applications and license renewal applications.

Longer Fireworks License Suspensions ​

The bill allows the State Fire Marshal to suspend a fireworks license for up to 90 days while investigating a possible violation of the State Fireworks Law, rather than up to 30 days. It also provides that a license holder is not entitled to an Administrative Procedure Act hearing while the license is suspended pending that investigation.

Key takeaways

• The maximum temporary suspension period for a fireworks license increases from 30 days to 90 days while an investigation is pending.
• The State Fire Marshal may use this longer suspension period when investigating a possible violation of the State Fireworks Law.
• A license holder does not have the right to an Administrative Procedure Act hearing during a pending-investigation suspension.
• The bill does not change the requirement that the State Fire Marshal give 3 days' notice before suspending a license.

Expanded Fireworks License Disqualifications ​

The bill expands the reasons the State Fire Marshal may deny or refuse to renew a fireworks license. It allows denial for any felony conviction and for several additional federal- or enforcement-related conditions, while keeping the existing authority to deny licenses for involvement in arson or other fire-related property crimes.

Key takeaways

• The State Fire Marshal may deny or refuse to renew a fireworks license for a person convicted of any felony, rather than only certain felonies involving explosives or dangerous fireworks.
• The State Fire Marshal may deny or refuse to renew a license for a person charged with a crime punishable by more than one year in prison.
• The State Fire Marshal may deny or refuse to renew a license for a person barred by federal law from handling explosives or ineligible for a federal explosives license.
• The State Fire Marshal may deny or refuse to renew a license for a person previously subject to a federal or state fireworks seizure action, or whose federal or state fireworks license was previously denied or revoked.
• The bill keeps the State Fire Marshal's authority to deny or refuse to renew a license for a person involved in arson or another fire-related crime against property.

Coordination with SB 716 ​

This part coordinates SB 828 with SB 716. Changes to Government Code Sections 25132 and 36900 proposed by SB 716 will be incorporated only if both bills become law and SB 828 is enacted after SB 716.

Key takeaways

• The coordination provision applies to Government Code Sections 25132 and 36900.
• It incorporates additional amendments proposed by SB 716.
• The provision takes effect only if both SB 828 and SB 716 are enacted.
• SB 828 must be enacted last for these coordinated changes to operate.

State Reimbursement for Local Costs ​

The bill says the state does not have to reimburse certain local costs created by the measure for a specified reason. If the Commission on State Mandates finds that the bill creates any other state-required local costs, those costs must be reimbursed under the existing state reimbursement process.

Key takeaways

• The bill excludes certain mandated costs from state reimbursement for a reason specified elsewhere in the measure.
• The bill does not eliminate reimbursement for every possible local cost.
• If the Commission on State Mandates finds other state-required costs, the state must reimburse them under existing law.