Senate Bill No. 73
(By Senators Bailey and Love)
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[Introduced January 12, 2007; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-12-86a; and to
amend and reenact §29-3-23 and §29-3-24 of said code, all
relating to legalizing and regulating the sale and use of
fireworks.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §11-12-86a; and that
§29-3-23 and §29-3-24 of said code be amended and reenacted, all to
read as follows:
CHAPTER 11. TAXATION.
ARTICLE 12. BUSINESS REGISTRATION TAX.
§11-12-86a. Fireworks registration fee.
The Tax Commissioner shall establish an annual "Fireworks
Registration Fee" to be charged to all West Virginia licensed businesses desiring to sell fireworks authorized for sale in
section twenty-three, article three, chapter twenty-nine of this
code. This fee shall run concurrent with the business registration
certificate set forth in section five of this article, and will not
be prorated. A business will pay twenty dollars for each
registration and will be issued a sticker or card by the Tax
Commissioner to be posted in a conspicuous position at the location
of the business paying the registration fee. This fee will be
collected for each separate location where fireworks are sold. The
Tax Commissioner may, at his or her discretion, require a separate
certificate which will be posted as set forth herein, or provide
that the evidence of compliance with this section may be by a stamp
or language added to the business registration certificate or by
embossing or writing imprinted on the business registration
certificate.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-23. "Fireworks" defined; labels required.
The following items shall be considered fireworks and require
a business registration fee be paid to be authorized to sell, as
provided in section eighty-six-a, article twelve, chapter eleven of
this code. The term "fireworks" means and includes any combustible
or explosive composition, or any substance or combination of
substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration
or detonation and shall include blank cartridges, toy pistols, toy
cannons, toy canes or toy guns in which explosives are used, the
type of unmanned balloons which require fire underneath to propel
the same, firecrackers, torpedoes, skyrockets, roman candles, daygo
bombs or other fireworks of like construction and any fireworks
containing any explosive or flammable compound or any tablets or
other device containing any explosive substance, except that the
term "fireworks" shall not include:
Model rockets and model rocket engines, designed, sold and
used for the purpose of propelling recoverable acro models and
shall not include toy pistols, toy canes, toy guns or other devices
in which paper or plastic caps manufactured in accordance with the
United States Department of Transportation regulations for packing
and shipping of toy paper or plastic caps are used and toy paper or
plastic caps manufactured as provided therein, the sale and use of
which shall be permitted at all times. Each package containing toy
paper or plastic caps offered for retail sale shall be labeled to
indicate the maximum explosive content per cap.
The following sparklers and novelties shall not be considered
fireworks and require a business registration fee be paid to be
authorized to sell, as provided for in section eighty-six, article
twelve, chapter eleven of this code:
(1) Explosive caps designed to be fired in toy pistols, provided that the explosive mixture of the caps shall not exceed
twenty-five hundredths of a grain for each cap.
(2) Snake and glow worms composed of pressed pellets of a
pyrotechnic mixture that produce a large snake-like ash when
burning.
(3) Smoke devices consisting of a tube or sphere containing a
pyrotechnic mixture that produces white or colored smoke.
(4) Trick noisemakers which produce a small report designed to
surprise the user and which include:
(a) A party popper, which is a small plastic or paper item
containing not in excess of twenty-five hundredths of a grain of
explosive mixture. A string protruding from the device is pulled
to activate the device, expelling paper streamers and producing a
small report.
(b) A string popper which is a small tube containing not in
excess of twenty-five hundredths of a grain of explosive mixture
with string protruding from both ends. The strings are pulled to
activate the friction-sensitive mixture, producing a small report.
(c) A snapper or drop pop, which is a small paper wrapped item
containing no more than twenty-five hundredths of a grain of
explosive mixture coated on small bits of sand. When dropped, the
device produces a small report.
(5) Wire sparklers consisting of wire or stick coated with
nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition. These items must not exceed one hundred grams of
mixture per item.
(6) Other sparkling devices which emit showers of sparks and
sometimes a whistling or crackling effect when burning, do not
detonate or explode, are hand-held or ground-based, cannot propel
themselves through the air and contain not more than seventy-five
grams of chemical compound per tube or not more than a total of two
hundred grams if multiple tubes are used. Provided, That Sparklers
and sparkler devices as provided for herein shall not be sold to
anyone below the age of sixteen fourteen years old.
§29-3-24. Sale, possession or use of fireworks; permit for public
display.
Except as hereinafter provided, no person, firm,
co-partnership or corporation shall 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
(a) The State Fire Marshal may issue permits to buy and set
off fireworks. To obtain a permit a person must successfully
complete a two-hour fireworks safety training course, created and
provided by the State Fire Marshal. The State Fire Marshal will
charge a twenty-dollar fee for the permit, which will be valid for
five years. All fireworks permit fees received by the State Fire
Marshal shall be deposited into a special account for the operation
of the State Fire Commission. A person must be eighteen years old to obtain a permit and to purchase or set off fireworks. A person
at least fourteen years old may set off fireworks under adult
supervision if the supervising adult possesses a fireworks permit.
(b) 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. The State Fire
Marshal shall have the authority to charge a fee of ten twenty
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 into a special account for the operation of the State Fire
Commission. Such 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 where the display is
proposed to be held as provided herein and the filing of a bond by
the applicant as provided hereinafter.
(c) Every such A fireworks display shall be handled by a
competent operator licensed or certified as to competency by the
State Fire Marshall 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 privilege shall have has been granted, the
sale, possession, use and distribution of fireworks for such the
display shall be lawful for that purpose only. No permit granted
hereunder shall be 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 be required to
file such bond.
Before any permit for a pyrotechnic display shall will be
issued, the person, firm or corporation making the 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 the person, firm or
corporation or any agent or employee thereof, in such an amount,
character and form as the State Fire Marshall determines to be
necessary for the protection of the public.
NOTE: The purpose of this bill is to legalize and regulate the
selling of fireworks,
§11-12-86A is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.