H. B. 4135

(By Mr. Speaker, Mr. Kiss (By Request)
[Introduced ; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section twenty-four, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting use of fireworks displays at private residences.

Be it enacted by the Legislature of West Virginia:
That section twenty-four, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§29-3-24. Unlawful sale, possession or use of fireworks; permit for public display.

Except as hereinafter provided, no person, firm, copartnership or corporation shall may offer for sale, possess, expose for sale, sell at retail, keep with intent to sell at retail, or use or explode any fireworks: Provided, That the state fire marshal may adopt reasonable rules and regulations for the granting of permits for the supervised displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals: Provided, however, That displays of fireworks are prohibited by individuals from private residences. The state fire marshal shall have the authority to may charge a fee of ten dollars to each applicant requesting a license to be a pyrotechnic operator as set forth in this article. The state fire marshal shall charge a scaled fee for all applications requesting permits to establish a pyrotechnics display as provided in this section. All fees required to be paid by the provisions of this section shall be paid to the state fire marshal and thereafter deposited by him or her into a special account for the operation of the state fire commission. Such permits Permits may be granted upon application to said the state fire marshal and after approval of the local police and fire authorities of the community wherein the display is proposed to be held as provided herein and the filing of a bond by the applicant as provided hereinafter. Every such display shall be handled by a competent operator licensed or certified as to competency by the state fire marshal and shall be of such composition, character, and so located, discharged or fired as in the opinion of the chief of the fire department, after proper inspection, and of the chief of police as to not be hazardous to property or endanger any person or persons. After such the privilege shall have has been granted, the sale, possession, use and distribution of fireworks for such display shall be is lawful for that purpose only. No permit granted hereunder shall be is transferable.
The governing body or chief executive authority of the municipality shall require a bond from the licensee in a sum not less than one thousand dollars conditioned on compliance with the provisions of this article and the regulations of the state fire commission: Provided, That no municipality shall may be required to file such a bond.
Before any permit for a pyrotechnic display shall be is issued, the person, firm or corporation making application therefor shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such that person, firm or corporation or any agent or employee thereof, in such amount, character and form as the state fire marshal determines to be necessary for the protection of the public.

NOTE: The purpose of this bill is to prohibit the use of fireworks displays at private residences.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.