Actual Text of Arizona’s Fireworks Law – House Bill 2246

Here is the actual text of Arizona House Bill 2246 that allows Arizonans to sell, buy and use fireworks.  Text that is in BLUE AND ALL CAPITALIZED is new text added by HB 2246 to existing Arizona statutes.  Text that is in red and lined out is text of current law that is deleted by the new law.  This new law is effective from and after November 30, 2010.

The intent of the law appears to allow people to buy and use personal fun type fireworks, not explosive or rocket type fireworks.  Note this provision in the new law:

“PERMISSIBLE CONSUMER FIREWORKS: . . . DOES NOT INCLUDE ANYTHING THAT IS DESIGNED OR INTENDED TO RISE INTO THE AIR AND EXPLODE OR TO DETONATE IN THE AIR OR TO FLY ABOVE THE GROUND, INCLUDING, FOR EXAMPLE, FIREWORK ITEMS COMMONLY KNOWN AS BOTTLE ROCKETS, SKY ROCKETS, MISSILE-TYPE ROCKETS, HELICOPTERS, TORPEDOES, ROMAN CANDLES AND JUMPING JACKS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-1601, Arizona Revised Statutes, is amended to read:

36-1601. Definitions

In this article, unless the context otherwise requires:

1. “CONSUMER FIREWORK” MEANS SMALL FIREWORK DEVICES THAT CONTAIN RESTRICTED AMOUNTS OF PYROTECHNIC COMPOSITION DESIGNED PRIMARILY TO PRODUCE VISIBLE OR AUDIBLE EFFECTS BY COMBUSTION AND THAT COMPLY WITH THE CONSTRUCTION, CHEMICAL COMPOSITION AND LABELING REGULATIONS PRESCRIBED IN 49 CODE OF FEDERAL REGULATIONS PART 172 AND 173, REGULATIONS OF THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION AS PRESCRIBED IN 16 CODE OF FEDERAL REGULATIONS PARTS 1500 AND 1507 AND THE AMERICAN PYROTECHNICS ASSOCIATION STANDARD 87-1, STANDARD FOR CONSTRUCTION AND APPROVAL FOR TRANSPORTATION OF FIREWORKS, NOVELTIES AND THEATRICAL PYROTECHNICS, DECEMBER 1, 2001 VERSION.

2. “DISPLAY FIREWORK” MEANS LARGE FIREWORK DEVICES THAT ARE EXPLOSIVE MATERIALS INTENDED FOR USE IN FIREWORKS DISPLAYS AND DESIGNED TO PRODUCE VISIBLE OR AUDIBLE EFFECTS BY COMBUSTION, DEFLAGRATION OR DETONATION AS PRESCRIBED BY 49 CODE OF FEDERAL REGULATIONS PART 172, REGULATIONS OF THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION AS PRESCRIBED IN 16 CODE OF FEDERAL REGULATIONS PARTS 1500 AND 1507 AND THE AMERICAN PYROTECHNICS ASSOCIATION STANDARD 87-1, STANDARD FOR CONSTRUCTION AND APPROVAL FOR TRANSPORTATION OF FIREWORKS, NOVELTIES AND THEATRICAL PYROTECHNICS, DECEMBER 1, 2001 VERSION.

1. 3. “Fireworks”:

(a) Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and toy cannons in which explosives are used, the type of balloon which requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers or other fireworks of like construction, fireworks containing any explosive or combustible compound, and any tablet or other device containing an explosive substance THAT IS A CONSUMER FIREWORK OR DISPLAY FIREWORK.

(b) Does not include:

(i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion.

(ii) Toy pistol paper caps that contain less than twenty-hundredths grains of explosive mixture, or fixed ammunition or primers therefor.

(iii) Federally deregulated novelty items THAT ARE known as snappers, snap caps, party poppers, or glow worms, SNAKES, TOY SMOKE DEVICES AND SPARKLERS that contain less than twenty-five hundredths grains of explosive compound.

2. 4. “Governing body” means THE board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town, and means THE governing body of an incorporated city or town as to the area within its corporate limits.

5. “PERMISSIBLE CONSUMER FIREWORKS”:

(a) MEANS THE FOLLOWING TYPES OF CONSUMER FIREWORKS AS DEFINED BY THE AMERICAN PYROTECHNICS ASSOCIATION STANDARD 87-1, STANDARD FOR CONSTRUCTION AND APPROVAL FOR TRANSPORTATION OF FIREWORKS, NOVELTIES AND THEATRICAL PYROTECHNICS, DECEMBER 1, 2001 VERSION:

(i) GROUND AND HAND-HELD SPARKLING DEVICES.
(ii) CYLINDRICAL FOUNTAINS.
(iii) CONE FOUNTAINS.
(iv) ILLUMINATING TORCHES.
(v) WHEELS.
(vi) GROUND SPINNERS.
(vii) FLITTER SPARKLERS.
(viii) TOY SMOKE DEVICES.
(ix) WIRE SPARKLERS OR DIPPED STICKS.
(x) MULTIPLE TUBE FIREWORKS DEVICES AND PYROTECHNIC ARTICLES.

(b) DOES NOT INCLUDE ANYTHING THAT IS DESIGNED OR INTENDED TO RISE INTO THE AIR AND EXPLODE OR TO DETONATE IN THE AIR OR TO FLY ABOVE THE GROUND, INCLUDING, FOR EXAMPLE, FIREWORK ITEMS COMMONLY KNOWN AS BOTTLE ROCKETS, SKY ROCKETS, MISSILE-TYPE ROCKETS, HELICOPTERS, TORPEDOES, ROMAN CANDLES AND JUMPING JACKS.

3. 6. “Person” includes AN individual, partnership, firm or corporation.

Sec. 2. Section 36-1605, Arizona Revised Statutes, is amended to read:

36-1605. Permitted uses

This article shall not be construed to DOES NOT prohibit:

1. The sale at wholesale by a resident wholesaler, dealer or jobber of fireworks which THAT are not prohibited by this article.

2. The sale of fireworks which THAT are to be and are shipped directly out of the state.

3. The use of fireworks by railroads or other transportation agencies for signal purposes or illumination.

4. The sale or use of explosives for blasting or other legitimate industrial purposes.

5. The use of fireworks or explosives, or both, by farmers, ranchers and their employees, and by state and federal employees who manage wildlife resources, to rally, drive or otherwise disperse concentrations of wildlife for the purpose of protecting property or wildlife.

6. THE SALE OF PERMISSIBLE CONSUMER FIREWORKS BY A RETAIL ESTABLISHMENT IF THE RETAIL ESTABLISHMENT COMPLIES WITH THE RULES ADOPTED PURSUANT TO SECTION 36-1609.

7. THE USE OF PERMISSIBLE CONSUMER FIREWORKS BY THE GENERAL PUBLIC, UNLESS THE USE IS PROHIBITED BY A GOVERNING BODY OF AN INCORPORATED CITY OR TOWN.

Sec. 3. Section 36-1606, Arizona Revised Statutes, is amended to read:

36-1606. Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction

THE SALE AND USE OF PERMISSIBLE CONSUMER FIREWORKS ARE OF STATEWIDE CONCERN. THE REGULATION OF PERMISSIBLE CONSUMER FIREWORKS PURSUANT TO THIS ARTICLE AND THEIR USE IS NOT SUBJECT TO FURTHER REGULATION BY A GOVERNING BODY, EXCEPT THAT AN INCORPORATED CITY OR TOWN MAY REGULATE THE USE OF PERMISSIBLE CONSUMER FIREWORKS WITHIN ITS CORPORATE LIMITS AND A COUNTY MAY REGULATE THE USE OF PERMISSIBLE CONSUMER FIREWORKS WITHIN THE UNINCORPORATED AREAS OF THE COUNTY DURING TIMES WHEN THERE IS A REASONABLE RISK OF WILDFIRES IN THE IMMEDIATE COUNTY. This article shall not be construed to DOES NOT prohibit the imposition by municipal ordinance of further regulations and prohibitions upon ON the sale, use and possession of fireworks within an incorporated city or town OTHER THAN PERMISSIBLE CONSUMER FIREWORKS BY A GOVERNING BODY. No such city or town A GOVERNING BODY shall NOT permit or authorize the sale, use or possession of any fireworks in violation of this article.

Sec. 4. Title 36, chapter 13, article 1, Arizona Revised Statutes, is amended by adding sections 36-1609 and 36-1610, to read:

36-1609. State fire marshal; adoption of code; sale of permissible consumer fireworks

A. THE STATE FIRE MARSHAL SHALL ADOPT RULES PURSUANT TO TITLE 41, CHAPTER 6 TO CARRY OUT THIS ARTICLE, INCLUDING A RULE THAT ADOPTS THE NATIONAL FIRE PROTECTION ASSOCIATION CODE FOR THE MANUFACTURE, TRANSPORTATION, STORAGE AND RETAIL SALES OF FIREWORKS AND PYROTECHNIC ARTICLES, 2006 EDITION. A PERSON WHO SELLS PERMISSIBLE CONSUMER FIREWORKS TO THE PUBLIC SHALL COMPLY WITH THOSE RULES RELATING TO THE STORAGE OF CONSUMER FIREWORKS AND RELATING TO THE RETAIL SALES OF CONSUMER FIREWORKS BEFORE SELLING PERMISSIBLE CONSUMER FIREWORKS TO THE PUBLIC.

B. A PERSON SHALL NOT SELL OR PERMIT OR AUTHORIZE THE SALE OF PERMISSIBLE CONSUMER FIREWORKS TO A PERSON WHO IS UNDER SIXTEEN YEARS OF AGE.

36-1610. Prohibited use of fireworks on state land; civil penalty

A. THE STATE FIRE MARSHAL MAY IMPOSE A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR EACH INCIDENT OF PROHIBITED USE OF FIREWORKS ON STATE LAND IN VIOLATION OF THIS ARTICLE.

B. THE STATE FIRE MARSHAL SHALL DEPOSIT, PURSUANT TO SECTIONS 35-146 AND 35-147, CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION IN THE FIRE SUPPRESSION REVOLVING FUND ESTABLISHED BY SECTION 37-623.02.

Sec. 5. Section 37-623.02, Arizona Revised Statutes, is amended to read:

37-623.02. Emergencies; prohibiting fireworks; liabilities and expenses; fire suppression revolving fund

A. On request of the state forester, the governor may authorize the state forester to incur liabilities for suppressing wildland fires and responding to other unplanned all risk activities from unrestricted monies in the state general fund whether or not the legislature is in session.

B. The state forester has the authority to prohibit the use of fireworks during times of high fire potential in the unincorporated areas of the state.

C. The state forester or the state forester’s designee shall review all liabilities incurred and expenditures made under this section and shall report the expenditures to the department of administration for audit according to department of administration rules. The state forester shall transmit a copy of the report to the state emergency council.

D. Liabilities incurred under this section are subject to the following limitations:

1. Wildland fire suppression or other unplanned all risk emergency liabilities shall not exceed three million dollars of state general fund monies pursuant to subsection A of this section in a fiscal year for costs associated with suppressing wildland fires, supporting other unplanned all risk activities such as fire, flood, earthquake, wind and hazardous material responses and preparing for periods of extreme fire danger and pre-position equipment and other fire suppression resources to provide for enhanced initial attack on wildland fires. The state forester shall not incur nonreimbursable liabilities for support of nonfire all risk activities. The governor shall determine when periods of extreme fire danger exist and must approve any expenditure for pre-positioning activities.
2. If the funding authorization in paragraph 1 of this subsection is exhausted, or if the nonreimbursable liabilities incurred exceed the cash balance of the fire suppression revolving fund, the state forester shall not incur additional liabilities without the consent of a majority of the state emergency council as authorized by section 35-192.

E. The state forester shall process and pay claims for reimbursement for wildland fire suppression services as follows:

1. Except as provided by paragraph 2 of this subsection, within thirty days after receiving a complete and correct claim for wildland fire suppression services, the state forester shall pay the claim from available monies that have not been committed to the payment of other wildfire expenses.
2. Within thirty days after receiving a complete and correct claim for wildland fire suppression services on federal lands, the state forester shall complete the processing of the claim and forward the claim to the appropriate federal agency.
3. For any valid claim other than for federal reimbursement, if there is insufficient funding in the fire suppression revolving fund, the holder of the unpaid claim shall be issued a certificate pursuant to section 35-189.

F. No later than December 31 of each year the state forester shall submit a report to the joint legislative budget committee and the governor detailing the specific uses of all monies authorized to be expended from the fire suppression revolving fund and any additional monies authorized by the governor to prepare for periods of extreme fire danger and pre-position equipment and other fire suppression resources to provide for enhanced initial attack on wildland fires.

G. Monies received for suppressing wildland fires, pre-positioning equipment and firefighting resources and other unplanned all risk activities may be used for the purposes of section 37-623 and this section.

H. The state forester shall adopt rules for administering the wildland fire suppression monies authorized under this section, subject to approval of the governor.

I. The state forester may require reimbursement from cities and other political subdivisions of this state and state and federal agencies for costs incurred in the suppression of wildland fires, pre-suppression or unplanned all risk activities. Reimbursement shall be based on the terms and conditions in cooperative agreements, land ownership or negligence. The state forester may require reimbursement from individuals or businesses only for costs incurred in the suppression of wildland fires or unplanned all risk activities caused by their negligence or criminal acts.

J. A THE fire suppression revolving fund is established for deposit of CONSISTING OF CIVIL PENALTIES COLLECTED PURSUANT TO SECTION 36-1610 AND monies received by the state forester for wildland fire suppression and pre-positioning equipment and resources and for payment for activities related to combating wildland fires and supporting other unplanned all risk activities such as fire, flood, earthquake, wind and hazardous material responses. The state forester shall not incur nonreimbursable liabilities for support of nonfire all risk activities. The state forester shall administer the fund, and all monies received for these activities shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. Monies in the fire suppression revolving fund are continuously appropriated to the state forester, except that if the unobligated balance of the fund exceeds two million dollars at the end of any calendar year, the excess shall be transferred to the state general fund. Monies in the fire suppression revolving fund are otherwise exempt from the provisions of section 35-190 relating to lapsing of appropriations.

Sec. 6. Effective date

This act is effective from and after November 30, 2010.

APPROVED BY THE GOVERNOR MAY 10, 2010.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 10, 2010.