SB 828: Fireworks licenses and permits: disqualifying conditions: local jurisdictions.

(1)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.

(3)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 Marshals deputy, as provided.

This bill would require applicants for a wholesalers license, a manufacturers license, an importers license, or an exporters license to disclose the complete street addresses of any intended storage facilities on their initial application. The bill would also require holders of those licenses to notify the Office of the State Fire Marshal and specified local entities of the complete street addresses of intended storage facilities for any fireworks or materials to build fireworks. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would subject licensees who violate that notification requirement to a fine of no less than $10,000, and would authorize the State Fire Marshal to revoke their license. The bill would require the Office of the State Fire Marshal, upon approval of an application for a wholesalers license, a manufacturers license, an importers license, or an exporters license, to notify specified local entities of any storage site reported on the application.

This bill would require a fireworks licensee to provide to the State Fire Marshal documentation affirming the possession of a permit applicable to fireworks activity and necessary local land use permits or other entitlements, as required by the public agency having local jurisdiction, and information about the storage sites for the fireworks. fireworks, and a Federal Explosives License, as provided. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would authorize the State Fire Marshal to revoke the fireworks license of a licensee who fails to provide this documentation or information and to deny a license to a license applicant who fails to provide this documentation or information, as provided. The bill would also require the State Fire Marshal to both allow the applicable public agency an opportunity to validate the permit or entitlement assertions of the licensee and to furnish a copy of any applicable license to the public agency, 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.

(4)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 governmental 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 governmental 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.

(6)Existing law requires a fireworks licensee or permittee to permit the chief of the issuing authority, or the chiefs 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.

This bill would authorize the chief of the fire department, fire marshal, or chief fire prevention officer of the city, county, city and county, fire protection district, or other public agency having jurisdiction, or their authorized representative, to enter and inspect, at reasonable times, any premise, facility, or storage site used for the manufacture, storage, sale, or display of fireworks to determine compliance with specified portions of the State Fireworks Law, the regulations of the State Fire Marshal, and applicable local fire codes. The bill would require the public agency to inspect each fireworks facility or storage site within its jurisdiction at least once every 12 months, as provided. By imposing new duties on local jurisdictions, the bill would impose a state-mandated local program. The bill would authorize a local public agency to require correction of any unsafe or noncompliant condition identified during inspection and suspend or revoke the local permit until compliance is achieved. The bill would require a public agency that suspends or revokes the local permit to notify the State Fire Marshal.

(7)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.

This bill would additionally require that notice to include the street address and county of the facilities in which the fireworks will be stored and copies of applications related to applicable zoning and land use approvals. stored. The bill would also require an import or export fireworks licensee to additionally provide this notice to the local jurisdiction listed as the destination for the fireworks. By expanding the scope of a crime, the bill would impose a state-mandated local program.

(11)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 instead 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. of a felony. 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 under indictment or information for a crime punishable by imprisonment for a term exceeding one year, a person prohibited from handling explosives under federal law, a person ineligible for a Federal Explosives License issued by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, or a person subject to a previous federal or state seizure action related to fireworks or a previous denial or revocation of a federal or state fireworks license. The bill would retain the authorization for the State Fire Marshal to deny the application for a license or the application for renewal of a license if the person has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offenses, as provided.