California would count most untested fireworks as dangerous and strengthen local oversight of fireworks storage, including yearly inspections and higher possible fines.
Untested fireworks would count as dangerous fireworks, except while an approval application is pending. The bill also broadens which materials supplied to make fireworks count as a kit.
Fireworks licensees would have to report storage sites and required permits. Local agencies would inspect each site at least once a year and could suspend a local permit until unsafe conditions are fixed.
Cities and counties could set fireworks-infraction fines up to $1,000 for a first violation, $2,000 for a second, and $5,000 for later ones. The State Fire Marshal could suspend a license for up to 90 days during an investigation.
The State Fire Marshal must treat untested fireworks as dangerous fireworks and may treat kits intended to become fireworks as fireworks kits. A fireworks kit includes materials or parts supplied together or separately by the same supplier for the buyer to combine into a fireworks device. Fireworks with a pending application for approval are excluded from the untested-fireworks rule.
The State Fire Marshal must collect storage-site information from licensees and notify local officials; local agencies must inspect sites at least yearly and may suspend local permits for unsafe conditions. The rules cover fireworks wholesalers, manufacturers, importers, and exporters, and local agencies with jurisdiction over their facilities or storage sites. Covered license holders must provide applicable local permits or entitlements, federal explosives-license documentation, and storage-site information when required by regulation. A license applicant who fails to provide required information may be denied a license, and a licensee may have a license revoked. Local agencies may charge reasonable fees to recover costs of permit administration, inspections, and enforcement. Applicants must list California storage sites on their initial application and report new, moved, or closed sites. The State Fire Marshal will set when licensees must provide other required documents.
Cities and counties may set higher maximum fines for fireworks infractions; the State Fire Marshal may suspend a license for up to 90 days while investigating. These fine limits apply to fireworks violations made infractions under city or county ordinances. The license-suspension authority applies to State Fire Marshal fireworks licenses. For a second violation, the higher fine applies to another violation of the same ordinance within five years of the first; the same five-year period applies to additional violations. The five-year repeat-violation period runs from the first violation. A license suspension may begin with three days’ notice and last up to 90 days while an investigation is pending.
No hearings or votes scheduled.