The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property. Existing law requires these regulations to include, among other things, provisions for the granting of licenses and permits for the manufacture, wholesale, import, export, and sale of all classes of fireworks. Existing law authorizes the State Fire Marshal to deny or revoke a fireworks license for specified reasons. A violation of the State Fireworks Law or the regulations issued pursuant thereto is a misdemeanor.

Existing law requires fireworks licensees seeking authorization for specified activities related to fireworks to submit a written application for a permit to the chief of the fire department or the chief fire prevention officer of the city or county, or to another issuing authority that may be designated by the governing body of the city or county, or, in the event there is no officer or person appointed within the area, to the State Fire Marshal or the State Fire Marshal’s deputy, as provided.

This bill would authorize a public agency to adopt by ordinance or resolution a schedule of fees to recover the reasonable costs incurred in administering, processing, inspecting, and enforcing the conditions of permits for fireworks activities or storage within its jurisdiction, as provided.

Existing law provides that if dangerous fireworks are seized pursuant to a local ordinance that provides for administrative fines or penalties and these fines or penalties are collected, the local government entity collecting the fines or penalties shall forward 65% of the collected moneys to the Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund.

This bill would repeal the requirement that the local government entity collecting the fines or penalties forward 65% of the collected moneys to the Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund.

Existing law requires a fireworks licensee or permittee to permit the chief of the issuing authority, or the chief’s authorized representatives, to enter and inspect any building or other premises subject to the control of or used by the licensee or permittee for any purpose related to fireworks at any time for the purpose of enforcing the State Fireworks Law.

Existing law requires an import or export fireworks licensee to file a notice containing specified information with the State Fire Marshal before the arrival of any class of fireworks subject to the license held by the licensee.

Existing law authorizes the State Fire Marshal to deny the application for a license or the application for renewal of a license filed by a person who has been convicted of a felony involving explosives or dangerous fireworks or who has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offenses, as provided.

This bill would additionally authorize the State Fire Marshal to deny the application for a license or the application for renewal of a license to a person under indictment for, or who has been convicted in any court of, a crime that is both (A) punishable by imprisonment for a term exceeding one year, and (B) a violent crime or an offense the commission of which creates a threat to public safety. The bill would also authorize the State Fire Marshal to deny the application for a license or the application for renewal of a license to a person prohibited from handling explosives under federal law or a person subject to a previous federal seizure action related to fireworks or a previous denial or revocation of a federal fireworks license.