A BILL TO BE ENTITLED
AN ACT to permit the sale, possession, and discharge of certain consumer fireworks.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑410 reads as rewritten:
"§ 14‑410.  Manufacture, sale and use of pyrotechnics prohibited; exceptions; license required; sale to persons under the age of 16 prohibited.
…
(a6)	It shall be permissible for pyrotechnics that are consumer fireworks to be sold, used, handled, or discharged within the State, provided the sale, use, handling, or discharge comply with Part 2 of Article 82A of Chapter 58 of the General Statutes.
(b)	Notwithstanding the provisions of G.S. 14‑414, it shall be unlawful for any individual, firm, partnership, or corporation to sell pyrotechnics as defined in G.S. 14‑414(2), (3), (4)c., (5), or (6) to persons under the age of 16.
(c)	The following definitions apply in this Article:
(1)	Concert or public exhibition. – A fair, carnival, show of any description, or public celebration.
(1a)	Consumer fireworks. – Any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (i) is categorized as a 1.4G firework device under Standard 87.1 of the American Pyrotechnics Association; and (ii) complies with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in Volume 16, Parts 1500 and 1507 of the Code of Federal Regulations.
(2)	Display operator. – An individual issued a display operator license under G.S. 58‑82A‑3.
(3)	State Fire Marshal. – Defined in G.S. 58‑80‑1."
SECTION 2.  G.S. 58‑82A‑1 through G.S. 58‑82A‑55 are recodified as Part 1 of Article 82A of Chapter 58 of the General Statutes, to be entitled:
"Part 1. Display Pyrotechnics Training and Permitting."
SECTION 3.  Article 82A of Chapter 58 of the General Statutes is amended by adding a new Part to read:
"Part 2. Consumer Fireworks.
"§ 58‑82A‑75.  Purpose.
The sale, use, handling, or discharge of consumer fireworks shall be permitted only in compliance with the provisions of this Part.
"§ 58‑82A‑80.  Definitions.
The following definitions apply in this Part:
(1)	Consumer fireworks. – Defined in G.S. 14‑410(c), unless otherwise excluded by the Commissioner under the authority granted in G.S. 58‑82A‑100.
(2)	Consumer fireworks distributor. – A person owning or otherwise controlling a facility where consumer fireworks are stored or otherwise maintained for distribution to fireworks retailers permitted under this Part.
(3)	Consumer fireworks permanent retailer. – A retail establishment open throughout the year, where the portion of the establishment's retail sales floor devoted to displays of consumer fireworks is greater than twenty‑five percent (25%) of the total retail sales area, or 600 square feet, whichever is less.
(4)	Consumer fireworks retail stand. – A temporary or permanent building or structure with a floor area not greater than 800 square feet, other than tents, canopies, or membrane structures, that is used primarily for the temporary retail display and sale of consumer fireworks to the public. Stands may include, but are not limited to, small buildings, temporary structures constructed from plywood, sheet metal, or similar materials, manufactured buildings, trailers, and shipping containers.
(5)	Consumer fireworks temporary retailer. – A consumer fireworks retail stand or a consumer fireworks tent that operates for less than 45 days in any calendar year.
(6)	Consumer fireworks tent. – A tent, canopy, or membrane structure with a floor area not greater than 1,500 square feet that is not permanently installed and that is used primarily for the temporary retail display and sale of consumer fireworks to the public.
(7)	Fireworks retailer. – A consumer fireworks permanent retailer, a consumer fireworks temporary retailer, or an incidental consumer fireworks retailer permitted under this Part.
(8)	Incidental consumer fireworks retailer. – A retail establishment selling consumer fireworks that is not a consumer fireworks permanent retailer as defined by this section.
(9)	NFPA standards. – Standard 1124 of the National Fire Protection Association, 2013 edition, as it applies to the retail sale or distribution of consumer fireworks, except as otherwise specified by this Part.
(10)	Public space. – Any building or area open to the public, whether privately or publicly owned. Public Space includes, but is not limited to, bars, restaurants, theaters, stadiums, arenas, retail establishments, and shopping malls.
(11)	Safe and sane consumer fireworks. – Consumer fireworks that do not explode or become airborne, as the Commissioner, through the Office of the State Fire Marshal, in consultation with the State Fire and Rescue Commission, may specify by rule.
"§ 58‑82A‑85.  License for possession and use of consumer fireworks.
(a)	License Required. – The possession and use of consumer fireworks is allowed in the State by any person holding a fireworks license issued under this section. The Commissioner, through the Office of the State Fire Marshall, may by rule provide for the sale of licenses by telephone, mail, online, or otherwise and may also provide for the appointment of persons as license agents to sell the fireworks license authorized by this section. A service fee of two dollars ($2.00) per license transaction may be charged (i) by the Office of State Fire Marshall, for licenses it directly sells to the public, or (ii) by license agents.
(b)	Conditions for Issuance of License. – A fireworks license shall be issued to any person over the age of 18 years who pays twenty‑five dollars ($25.00), plus any service fee levied under subsection (a) of this section, and who has completed the fireworks safety course as set forth in subsection (c) of this section.
(c)	Fireworks Safety Course. – The Commissioner, through the Office of State Fire Marshall, shall institute and coordinate a statewide course of instruction in legal and safe fireworks use. The course shall include proper handling, discharge, storage, and transportation of consumer fireworks, as well as the restrictions on licensed use imposed under this Part. The course of instruction shall be conducted as follows:
(1)	The Commissioner shall designate those persons or agencies authorized to give the course of instruction, and this designation shall be valid until revoked by the Commissioner. Those designated persons shall submit to the Commissioner validated listings naming all persons who have successfully completed the course of instruction.
(2)	The Commissioner may conduct the course in fireworks safety, using Department personnel or other persons approved by the Commissioner.
(3)	The Commissioner shall issue a certificate to each person who successfully completes the course of instruction, and the certificate shall be valid until revoked by the Commissioner.
(4)	Any similar certificate issued outside the State by a governmental agency, shall be accepted as complying with the requirements of subsection (b) of this section, if the privileges are reciprocal for North Carolina residents.
(5)	The Commissioner shall adopt rules and regulations to provide for the course of instruction and the issuance of the certificates consistent with the purpose of this section.
(d)	Conditions on Licensed Use. – The possession and use of consumer fireworks by the holder of a license issued under this section is subject to the following conditions:
(1)	The use of consumer fireworks may occur only between the hours of 8:00 A.M. and 10:00 P.M., with the following exceptions:
a.	On July 4, use is permitted until 12:00 A.M.
b.	On December 31 and the following January 1, use is permitted from 8:00 A.M. on December 31 until 12:30 A.M. on January 1.
(2)	The discharge of consumer fireworks is prohibited in the following locations:
a.	In or on the premises of a public or private primary or secondary school.
b.	On the campus of a college or university, unless the person has received written authorization from the college or university.
c.	Within 300 feet of a hospital, veterinary hospital, licensed child care center, fireworks retailer, fireworks distributor, gas station, or bulk storage facility for petroleum products or other explosive or flammable substances.
(3)	The possession or discharge of consumer fireworks is prohibited in or on the premises of any public park or public space, except as otherwise permitted by the person, State agency, or unit of local government owning or otherwise controlling the park, property, or space.
"§ 58‑82A‑90.  Sale of consumer fireworks; permit required.
(a)	Permit Requirement. – No person shall sell consumer fireworks in this State unless the person holds a retail permit issued under this Part. Permits for operation of a fireworks retailer shall be posted in a location visible to members of the general public visiting the retailer. The Commissioner, through the Office of State Fire Marshall and in consultation with the State Fire and Rescue Commission, shall issue rules to implement this section. The rules shall specify requirements for consumer fireworks permanent and temporary retailers, as well as incidental consumer fireworks retailers, as defined by this Part.
"§ 58‑82A‑95. Retail permit fees.
The Commissioner shall charge an applicant for a permit under G.S. 58‑82A‑90 a reasonable fee based on the costs to the Commissioner for issuing the permit and enforcing this Part for each category of retailer.
"§ 58‑82A‑100.  Retail permittee financial responsibility.
The Commissioner shall require a permit applicant or permit holder to demonstrate proof of financial responsibility in the form of bonds, policies of insurance, or qualification as a self insurer with minimum levels of financial responsibility determined by the Commissioner. The Commissioner, through the Office of State Fire Marshall and in consultation with the State Fire and Rescue Commission, shall issue rules to implement this section.
"§ 58‑82A‑105.  Power of Commissioner to exclude certain categories of pyrotechnics from definition of consumer fireworks.
The Commissioner, through the Office of State Fire Marshall and in consultation with the State Fire and Rescue Commission, may by rule exclude certain types or categories of pyrotechnics otherwise meeting the definition of "consumer fireworks" from the provisions of this Part upon a finding that the type or category of pyrotechnic presents a significant and widespread risk of death, serious bodily injury, or substantial damage to public or private property.
"§ 58‑82A‑110.  Prohibition of consumer fireworks.
During periods of hazardous forest fire conditions, the Commissioner in consultation with the North Carolina Forest Service is authorized to prohibit all use of consumer fireworks otherwise permitted by this Part in all or part of the State. The Commissioner shall issue a press release containing relevant details of the prohibition to news media serving the area affected.
"§ 58‑82A‑115.  Civil and criminal penalties for violations.
(a)	G.S. 14‑415 and G.S. 58‑2‑70 shall apply to any person violating any of the provisions of this Part."
SECTION 4.  This act becomes effective July 1, 2015.