DES MOINES – The Iowa Legislature is again this year trying to advance a bill legalizing the sale of consumer fireworks to the public.
Senate File 236 legalizes the sale and use of consumer fireworks and novelties. Sales would only be allowed from June 1 or June 13 (depending on the type of structure) through July 8 of each year, and December 10 through January 3 each year. The time allowed for usage of fireworks is also restricted in the Bill. The Bill would take effect immediately upon enactment.
Under the bill, the State Fire Marshal Division of the Department of Public Safety (DPS) is directed to:
- Establish a consumer fireworks seller license, including a fee schedule.
- Provide an application for a consumer fireworks seller’s license.
- Require all wholesalers to register.
- Adopt rules to enact various parts of the Bill.
- Establish a local fire protection and emergency medical service providers grant program to establish or provide fireworks safety education programming to members of the public.
- Enforce all laws and rules relating to this legislation.
The State Fire Marshal is directed to adopt emergency rules to implement the Bill.
Revenues from seller license fees and wholesaler registrations are to be deposited in the Consumer Fireworks Fee Fund under the control of the State Fire Marshal for administration and enforcement. The Bill establishes annual license fees for retailers and community groups offering fireworks for sale, and establishes a wholesaler registration fee. Annual license fees and the wholesaler registration fee are established as follows:
- Permanent building retailer with 50.0% or more of floor space devoted to fireworks: $1,000.
- Temporary structure retailer with at least 50.0% of floor space devoted to fireworks: $500.
- Temporary structure retailer with less than 50.0% of floor space devoted to fireworks: $400.
- Community group offering first-class consumer fireworks for sale: $400.
- Retailer or community group offering second-class consumer fireworks for sale: $100.
- Wholesaler registration fee: $1,000.
The Bill also establishes simple misdemeanors for violation of various requirements, with a fine of at least $250 but no more than $625. Simple misdemeanors also generate a 35.0% criminal penalty surcharge and $60 in court costs.
- Simple misdemeanor fines and court costs are deposited in the General Fund.
- Criminal penalty surcharges are distributed in the following manner:
- 5.0% goes to the local government where the ticket is written.
- 95.0% goes to the State. Of that 95.0%, 17.0% goes to the Victim Compensation Fund and 83.0% goes to the General Fund.
Iowa code 727.2 regulates the sale of consumer fireworks in Iowa. Anyone who offers for sale, exposes for sale, sells at retail, or uses or explodes any fireworks, commits a simple misdemeanor.
The Iowa legislature failed to pass a bill in 2016 legalizing the sale of consumer fireworks.
