A BILL TO BE ENTITLED
AN ACT TO INCREASE THE PENALTY FOR INDOOR PYROTECHNICS EXHIBITIONS CONDUCTED WITHOUT A PERMIT, and to increase the penalties for multiple related activities in violation of the north carolina building code.
Whereas, the recent tragedy in Rhode Island where indoor pyrotechnics were apparently used in a crowded indoor club without the permit required by state law has prompted many to see if a similar tragedy could occur in this State; and
Whereas, that tragedy was compounded by the use of combustible materials for soundproofing; and
Whereas, North Carolina like Rhode Island has a law requiring permits for the use of pyrotechnics, which are especially dangerous in crowded indoor situations, but the General Assembly has little knowledge about the extent of compliance with this law; and
Whereas, the same band that played at the Rhode Island nightclub date had played at a nightclub in Winston‑Salem just a week earlier and, according to press reports, had used some form of pyrotechnics; and
Whereas, there are many local acts relating to pyrotechnic displays, some delegating from the county commission to county staff the authority to grant such permits, some delegating to municipalities the power to issue such permits, and one in Charlotte requiring an additional permit from the fire department; and
Whereas, current North Carolina law has only minor penalties for violation of the pyrotechnics laws and other related laws; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑415 reads as rewritten:
"§ 14‑415.  Violation made misdemeanor.
Any person violating any of the provisions of this Article, except as otherwise specified in said Article, shall be guilty of a Class 2 misdemeanor, except that it is a Class 1 misdemeanor if the exhibition is indoors and is knowingly conducted without a permit."
SECTION 2.  G.S. 143‑138(h) reads as rewritten:
"(h)	Violations. – Any person who shall be adjudged to have violated this Article or the North Carolina State Building Code, except for violations of occupancy limits established by either, shall be guilty of a Class 3 misdemeanor and shall upon conviction only be liable to a fine, not to exceed fifty dollars ($50.00), for each offense. Each 30 days that such violation continues shall constitute a separate and distinct offense. Violation of occupancy limits established pursuant to the North Carolina State Building Code shall be a Class 3 misdemeanor. Any violation incurred more than one year after another conviction for violation of the occupancy limits shall be treated as a first offense for purposes of establishing and imposing penalties. It is a Class 1 misdemeanor knowingly to conduct any indoor pyrotechnic exhibition without a permit under the North Carolina Building Code or under G.S. 14-413.
(h1)	It is a Class 2 misdemeanor knowingly to do two or more of the following and a Class 1 misdemeanor knowingly to do three of the following:
(1)	Use plastic foam or other combustible materials as interior finish or trim except as permitted by the North Carolina State Building Code.
(2)	Exceed the occupancy limit in a building that is a place of public assembly in violation of the North Carolina Building Code.
(3)	Lock or block access to exit doors in a public building that is a place of public assembly in violation of the North Carolina State Building Code.
Any fine imposed pursuant to a Class 1 misdemeanor under this subsection shall not exceed two thousand dollars ($2,000)."
SECTION 3.  The State Fire Marshal shall report to the Joint Legislative Commission on Governmental Operations no later than January 15, 2005, on the compliance with this act and its effectiveness in reducing the risk of disasters and on the compliance with the law requiring permits for pyrotechnics displays, as well as the current local legislation on the subject. The State Fire Marshal may include in that report any recommendations for additional legislation.
SECTION 4.  This act becomes effective with respect to offenses committed on or after December 1, 2003.