A BILL TO BE ENTITLED
AN ACT to permit the sale, possession, and discharge of certain consumer fireworks.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑410 reads as rewritten:
"§ 14‑410.  Manufacture, sale and use of pyrotechnics prohibited; exceptions; license required; sale to persons under the age of 16 prohibited.
(a)	Except as otherwise provided in this section, it shall be unlawful for any individual, firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any description whatsoever within the State of North Carolina.
(a1)	It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured, or discharged within the State, provided all of the following apply:
(1)	The exhibition, use, or discharge is at a concert or public exhibition.
(2)	All individuals who exhibit, use, handle, or discharge pyrotechnics in connection with a concert or public exhibition have completed the training and licensing required under Article 82A of Chapter 58 of the General Statutes. The display operator or proximate audience display operator, as required under Article 82A of Chapter 58 of the General Statutes, must be present at the concert or public exhibition and must personally direct all aspects of exhibiting, using, handling, or discharging the pyrotechnics. Notwithstanding this subdivision, the display operator for the University of North Carolina School of the Arts may appoint an on‑site representative to supervise any performances that include a proximate audience display subsequent to the opening performance, provided that the representative (i) is a minimum of 21 years of age and (ii) is properly trained in the safe discharge of proximate audience displays.
(3)	The display operator has secured written authority under G.S. 14‑413 from the board of county commissioners of the county, or the city if authorized under G.S. 14‑413(a1), in which the pyrotechnics are to be exhibited, used or discharged. Written authority from the board of commissioners or city is not required under this subdivision for a concert or public exhibition provided the display operator has secured written authority from (i) The University of North Carolina or the University of North Carolina at Chapel Hill under G.S. 14‑413, and pyrotechnics are exhibited on lands or buildings in Orange County owned by The University of North Carolina or the University of North Carolina at Chapel Hill or (ii) the University of North Carolina School of the Arts and pyrotechnics are exhibited on lands or in buildings owned by the State and used by the University of North Carolina School of the Arts.
(a2)	Notwithstanding any provision of this section, it shall not be unlawful for a common carrier to receive, transport, and deliver pyrotechnics in the regular course of its business.
(a3)	The requirements of this section apply to G.S. 14‑413(b) and G.S. 14‑413(c).
(a4)	It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured, or discharged within the State as a special effect by a production company, as defined in G.S. 105‑164.3(30), for a motion picture production, if the motion picture set is closed to the public or is separated from the public by a minimum distance of 500 feet.
(a5)	It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured, or discharged within the State for pyrotechnic or proximate audience display instruction consisting of classroom and practical skills training approved by the Office of State Fire Marshal.
(a6)	It shall be permissible for pyrotechnics that are consumer fireworks to be advertised, sold, used, transported, handled, or discharged within the State, provided the advertising, sale, use, transportation, handling, or discharge comply with Part 2 of Article 82A of Chapter 58 of the General Statutes.
(b)	Notwithstanding the provisions of G.S. 14‑414, it shall be unlawful for any individual, firm, partnership, or corporation to sell pyrotechnics as defined in G.S. 14‑414(2), (3), (4)c., (5), or (6) to persons under the age of 16.
(c)	The following definitions apply in this Article:
(1)	Concert or public exhibition. – A fair, carnival, show of any description, or public celebration.
(1a)	Consumer fireworks. – Any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (i) is categorized as a 1.4G firework device under Standard 87.1 of the American Pyrotechnics Association; and (ii) complies with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in Volume 16, parts 1500 and 1507 of the Code of Federal Regulations.
(2)	Display operator. – An individual issued a display operator license under G.S. 58‑82A‑3.
(3)	State Fire Marshal. – Defined in G.S. 58‑80‑1."
SECTION 2.  G.S. 58‑82A‑1 through G.S. 58‑82A‑55 are recodified as Part 1 of Article 82A of Chapter 58 of the General Statutes, to be entitled:
"Part 1.
"Display Pyrotechnics Training and Permitting.
SECTION 3.  Article 82A of Chapter 58 of the General Statutes is amended by adding a new Part to read:
"Part 2.
"Consumer Fireworks.
"§ 58‑82A‑75.  Purpose.
The sale, use, handling, or discharge of consumer fireworks shall be permitted only in compliance with the provisions of this Part.
"§ 58‑82A‑80.  Definitions.
The following definitions apply in this Part:
(1)	Consumer fireworks. – Defined in G.S. 14‑410(c), unless otherwise excluded by the Commissioner under the authority granted in G.S. 58‑82A‑105.
(2)	Consumer fireworks permanent retailer. – A retail establishment open throughout the year, where the portion of the establishement's retail sales floor devoted to displays of consumer fireworks is greater than twenty‑five percent (25%) of the total retail sales area, or 600 square feet, whichever is less.
(3)	Consumer fireworks retail stand. – A temporary or permanent building or structure with a floor area not greater than 800 square feet, other than tents, canopies, or membrane structures, that is used primarily for the temporary retail display and sale of consumer fireworks to the public. Stands may include, but are not limited to, small buildings, temporary structures constructed from plywood, sheet metal, or similar materials, manufactured buildings, trailers, and shipping containers.
(4)	Consumer fireworks temporary retailer. – A consumer fireworks retail stand or a consumer fireworks tent.
(5)	Consumer fireworks tent. – A tent, canopy, or membrane structure with a floor area not greater than 1,500 square feet that is not permanently installed, and that is used primarily for the temporary retail display and sale of consumer fireworks to the public.
(6)	Consumer fireworks distributor. – A person owning or otherwise controlling a facility where consumer fireworks are stored or otherwise maintained for distribution to fireworks retailers permitted under this Part.
(7)	Fireworks retailer. – A consumer fireworks permanent retailer, a consumer fireworks temporary retailer, or an incidental consumer fireworks retailer permitted under this Part.
(8)	Incidental consumer fireworks retailer. – A retail establishment selling consumer fireworks that is not a consumer fireworks permanent retailer as defined by this section.
(9)	NFPA standards. – Standard 1124 of the National Fire Protection Association, 2013 edition, as it applies to the retail sale or distribution of consumer fireworks, except as otherwise specified by this Part.
(10)	Permitting authority. – A county or municipality operating a consumer fireworks sales permitting program approved by the Commissioner under G.S. 58‑82A‑90.
(11)	Public space. – Any building or area open to the public, whether privately or publicly owned. Public space includes, but is not limited to, bars, restaurants, theaters, stadiums, arenas, retail establishments, and shopping malls.
(12)	Safe and sane consumer fireworks. – Consumer fireworks that do not explode or become airborne, as the Commissioner, through the Office of the State Fire Marshal, in consultation with the State Fire and Rescue Commission may specify by rule.
"§ 58‑82A‑85.  Possession and use of consumer fireworks.
(a)	General Allowance. – Except as provided in subsection (b) of this section, the possession and use of consumer fireworks is allowed in the State, subject to the following conditions:
(1)	The person possessing or using the consumer fireworks must be at least 18 years old.
(2)	The use of consumer fireworks may occur only between the hours of 10 A.M. and 10:00 P.M., with the following exceptions:
a.	On July 4th, use is permitted until 12:00 A.M.
b.	On December 31st and the following January 1st, use is permitted from 8:00 A.M. on December 31st until 12:30 A.M. on January 1st.
(3)	The discharge of consumer fireworks is prohibited in the following locations:
a.	In or on the premises of a public or private primary or secondary school.
b.	On the campus of a college or university, unless the person has received written authorization from the college or university.
c.	Within 500 feet of a hospital, veterinary hospital, licensed child care center, fireworks retailer, fireworks distributor, gas station, or bulk storage facility for petroleum products or other explosive or flammable substances.
(4)	The possession or discharge of consumer fireworks is prohibited in or on the premises of any public park or public space, except as otherwise permitted by the person, State agency or unit of local government owning or otherwise controlling the park, property, or space.
(b)	Opt‑Out. – A county or city may by ordinance prohibit the possession or use of consumer fireworks.
"§ 58‑82A‑90.  Sale of consumer fireworks; permit required.
(a)	Permit Requirement. – No person shall sell consumer fireworks in this State unless the person holds a permit issued under this Part from a county or city authorized by the Commissioner to issue retail fireworks permits. The Commissioner shall issue rules to implement this section, including rules for the approval of local consumer fireworks sales permitting programs funded and operated by counties or municipalities within their jurisdiction. Nothing in this section is intended to require a county or municipality to issue consumer fireworks permits. Permits for operation of a fireworks retailer shall be posted in a location visible to members of the general public visiting the retailer.
(b)	No Transportation Exclusions. – No county or municipality may restrict or exclude the transportation of consumer fireworks across or through the county or municipality when the transportation is solely for the purpose of supplying consumer fireworks retailers permitted under this section. Nothing in this subsection is intended to prevent reasonable transportation‑related restrictions applicable to all vehicles or a class of vehicles regardless of cargo, such as vehicle weight limits or truck route restrictions.
(c)	Requirements for All Fireworks Retailers. – Any permit issued for a fireworks retailer or consumer fireworks distributor shall contain, at a minimum, the following conditions:
(1)	Standards. – The permittee must comply with (i) NFPA standards; and (ii) applicable local zoning and land use rules.
(2)	Employees. – All employees of the permittee engaged in the sale of fireworks must be at least 18 years of age.
(3)	Fire suppression devices. – The permittee must maintain on the premises a minimum of two portable fire extinguishers with a 2A rating. The fire extinguishers shall be located in two different locations within the premises of the retailer, and at least one of the extinguishers shall be of the pressurized water type.
(4)	Required signs. – The permittee shall post signs prohibiting smoking on the premises and discharge of fireworks within 300 feet of the premises in a manner specified by the Commissioner.
(d)	Consumer Fireworks Temporary Retailer. – In addition to the requirements set forth in subsection (a) of this section, a permit issued for a consumer fireworks temporary retailer shall contain, at a minimum, the following conditions:
(1)	Duration of operation. – The retailer may sell consumer fireworks from June 20th through July 5th and from December 20th through January 2nd of the following year.
(2)	Setbacks. – The retailer may not be located closer than 100 feet from any permanent structure. A retailer that is a consumer fireworks tent shall not allow parking of any vehicles within 20 feet of the tent.
(3)	Smoking prohibited. –No smoking shall be allowed on the premises of the retailer.
(e)	Consumer Fireworks Permanent Retailer. – In addition to the requirements set forth in subsection (a) of this section, a permit issued for a consumer fireworks permanent retailer shall contain, at a minimum, the following conditions:
(1)	Setbacks. – Areas within 20 feet of the retailer's premises shall be kept free of dry vegetation and other combustible debris. The retailer may not be located within 50 feet of the following:
a.	Retail establishments dispensing flammable or combustible liquids, flammable gas, or flammable liquefied gas.
b.	Above ground storage tanks storing flammable or combustible liquids, flammable gas, or flammable liquefied gas.
c.	Propane dispensing stations.
(2)	Smoking prohibited. – Smoking shall not be permitted inside or within 75 feet of the retailer's premises.
(3)	Egress requirements. – Means of egress, including, but not limited to, aisles, doors, and exit discharge shall be clear at all times when the retailer is open to the public, and aisles must be at least 48 inches in width.
(4)	Fire safety. – The retailer shall create and maintain a fire safety and evacuation plan in a form specified and approved by the Commissioner.
(f)	Incidental Consumer Fireworks Retailer. – A permit issued to an incidental consumer fireworks retailer shall allow the sale of safe and sane consumer fireworks only.
(g)	Nothing in this section is meant to override any fire code applicable to a structure regulated by this Part. If the fire code imposes a more stringent requirement, the fire code requirement will apply instead of the standards imposed by this section.
"§ 58‑82A‑95.  Permit fees.
The permitting authority may charge an applicant for a permit under G.S. 58‑82A‑90 the following annual fees:
(1)	One hundred dollars ($100.00) for a consumer fireworks temporary retailer or a consumer fireworks incidental retailer.
(2)	One thousand dollars ($1,000) for a consumer fireworks permanent retailer.
(3)	One thousand five hundred dollars ($1,500) for a consumer fireworks distributor.
"§ 58‑82A‑100.  Financial responsibility.
The permitting authority shall require a permit applicant or permit holder to demonstrate proof of financial responsibility in the form of bonds, policies of insurance, or qualification as a self insurer, with minimum levels of financial responsibility determined by the permitting authority.
"§ 58‑82A‑105.  Power of Commissioner to exclude certain categories of pyrotechnics from definition of consumer fireworks.
The Commissioner, through the Office of State Fire Marshall and in consultation with the State Fire and Rescue Commission, may by rule exclude certain types or categories of pyrotechnics otherwise meeting the definition of "consumer fireworks" from the provisions of this Part upon a finding that the type or category of pyrotechnic presents a significant and widespread risk of death, serious bodily injury, or substantial damage to public or private property.
"§ 58‑82A‑110.  Prohibition of consumer fireworks.
During periods of hazardous forest fire conditions, the Commissioner in consultation with the North Carolina Forest Service is authorized to prohibit all use of consumer fireworks otherwise permitted by this Part in all or part of the State. The Commissioner shall issue a press release containing relevant details of the prohibition to news media serving the area affected.
"§ 58‑82A‑115.  Civil and criminal penalties for violations.
(a)	G.S. 14‑415 and G.S. 58‑2‑70 shall apply to any person violating any of the provisions of this Part."
SECTION 4.(a)  Article 6 of Chapter 153A of the General Statutes is amended by adding new section to read:
"§ 153A‑130.1  Possession, use, and sales of consumer fireworks.
A county may by ordinance regulate the possession, use, and sales of consumer fireworks to the public pursuant to Part 2 of Article 82A of Chapter 58 of the General Statutes."
SECTION 4.(b)  Article 8 of Chapter 160A of the General Statutes is amended by adding new section to read:
"§ 160A‑190.1  Possession, use, and sales of consumer fireworks.
A city may by ordinance regulate the possession, use, and sales of consumer fireworks to the public pursuant to Part 2 of Article 82A of Chapter 58 of the General Statutes."
SECTION 5.  This act becomes effective July 1, 2015.