SB117: relative to fireworks display permits and the position of permissible fireworks inspector.

CHAPTER 192

SB 117-FN – FINAL VERSION

03/22/07 0651s

16May2007… 1515h

23Jan2008… 2493h

2008 SESSION

07-1255

05/10

SENATE BILL 117-FN

AN ACT relative to fireworks display permits and the position of permissible fireworks inspector.

SPONSORS: Sen. D’Allesandro, Dist 20; Sen. Gallus, Dist 1; Sen. Odell, Dist 8; Sen. Burling, Dist 5; Rep. Hilliard, Straf 2; Rep. Matarazzo, Hills 20

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill:

I. Requires that a fireworks display permit be submitted to the department of safety at least 48 hours prior to the display.

II. Makes the position of fireworks inspector a full-time, rather than seasonal, position, responsible for permissible and display fireworks, and funded by the fire standards and training and emergency medical services fund.

III. Increases fees for special effects licenses, permissible fireworks licenses, and the purchase, storage, and transport of explosive substances.

IV. Directs the department of safety to adopt rules for the issuance of special effects permits.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/22/07 0651s

16May2007… 1515h

23Jan2008… 2493h

07-1255

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to fireworks display permits and the position of permissible fireworks inspector.

Be it Enacted by the Senate and House of Representatives in General Court convened:

192:1 Requirements for the Display of Fireworks; Permit Fee. Amend RSA 160-B:7, V to read as follows:

V. An application for a display permit shall be made in writing at least 15 days in advance of the date of the display. The town, city, or village district may charge a reasonable fee for a permit to display fireworks. No display permit granted under this section shall be transferable, and each display permit shall be valid for only one display to be held on the date permitted. If, in the opinion of the chief of the fire department, conditions deteriorate during the 15 days before the date for which such permit is granted so that a fire hazard exists, the chief may revoke the permit. At least 72 hours prior to the date of display, the operator of the display shall transmit a copy of the completed display permit, with proof of insurance for the display, approved by the town, city, or village district, to the department of safety.

192:2 Fireworks Inspector. Amend the introductory paragraph of RSA 160-C:17 to read as follows:

160-C:17 [Permissible] Fireworks Inspector. There is hereby established in the office of the state fire marshal the [seasonal] full-time classified position of [permissible] fireworks inspector. The [permissible] fireworks inspector shall be under the direction and supervision of the state fire marshal and shall:

192:3 Fireworks Inspector; Duties. Amend RSA 160-C:17, I to read as follows:

I. Inspect [permissible] fireworks sales outlets.

I-a. Inspect sites and facilities for the display or storage of display fireworks, as defined in RSA 160-B:1, X.

I-b. Coordinate enforcement activities relative to illegal sales, including the disposal or proper storage of illegal fireworks.

192:4 Fire Standards and Training and Emergency Medical Services Fund. Amend RSA 21-P:12-d to read as follows:

21-P:12-d Fire Standards and Training and Emergency Medical Services Fund. There is established in the office of the state treasurer a separate, nonlapsing fund to be known as the fire standards and training and emergency medical services fund from which the state treasurer shall pay expenses incurred in the administration of the division of fire standards and training and emergency medical services, under RSA 21-P:12-a, the division of fire safety, under RSA 21-P:12, [and] the bureau of emergency management in the division of emergency services, communications, and management under RSA 21-P:36, and the position of fireworks inspector under RSA 160-C:17. If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the division of fire standards and training and emergency medical services, the division of fire safety, or the bureau of emergency management in the division of emergency services, communications, and management, the department of safety may request, with prior approval of the fiscal committee of the general court, the transfer of funds from the fire standards and training and emergency medical services funds to the department of safety for such purposes.

192:5 New Section; Special Effects Permit. Amend RSA 153 by inserting after section 5-b the following new section:

153:5-c Special Effects Permit. The commissioner of safety, in consultation with the state fire marshal, shall adopt rules, under RSA 541-A, for issuance of a permit to use flame, pyrotechnics, or other means of special effects for entertainment, exhibition, demonstration, or simulation before a proximate audience as regulated by the state fire code adopted under RSA 153:5. The rules shall establish permit criteria and procedures, and shall include a $250 or $400 permit fee based on the complexity of the approval process. All permit fees collected under this section shall be deposited in the fire standards and training and emergency medical services fund, established in RSA 21-P:12-d.

192:6 Fireworks Inspector; Transfers Among Accounts. Notwithstanding the provisions of RSA 9:17-a or any other provision of law to the contrary, for the biennium ending June 30, 2009, the department of safety may transfer funds within and among all PAU’s within the division of fire safety in order to implement and fund the fireworks inspection program in RSA 160-C.

192:7 Fee for the Sale of Permissible Fireworks. Amend RSA 160-C:3, VII to read as follows:

VII. The fee for a license for each location shall be $1,500 per year, payable annually to the department of safety for deposit into the [general fund] fire standards and training and emergency medical services fund established in RSA 21-P:12-d for the purpose of funding the fireworks inspection program.

192:8 Explosives and Explosive Substances; License to Purchase, Store and Transport. Amend RSA 158:9-c, I to read as follows:

I. The fee for licenses issued under RSA 158:9-b, I shall be $[40] 100.

192:9 Explosives and Explosive Substances; License to Purchase, Store and Transport. Amend RSA 158:9-c, VI to read as follows:

VI. There shall be a fee of $[40] 100 for any competency examination or renewal certificate given by the director of state police for any examination or certificate given under this subdivision.

192:10 Effective Date. This act shall take effect upon its passage.

Approved: June 11, 2008

Effective Date: June 11, 2008