DIVISION 11. EXPLOSIVES [12000. - 12761.]
Division 11 enacted by Stats. 1939, Ch. 60.
§§ 12000–12761 · 232 sections
PART 1. HIGH EXPLOSIVES §§ 12000–12401 · 56 sections
CHAPTER 1. Definitions and Scope §§ 12000–12007 · 9 sections
- § 12000 For the purposes of this part, “explosives” means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid…
- § 12001 This part does not apply to any of the following: (a) Any person engaged in the transportation of explosives regulated by, and when subject to, the provisions…
- § 12002 Except when transporting explosives on highways and at safe stopping places established under the provisions of Division 14 (commencing with Section 31600) of…
- § 12003 “Chief” means the Director of Forestry and Fire Protection and his or her authorized representatives, the chief of a fire department or fire protection agency…
- § 12004 For the purposes of this part, the term “person” shall mean any person, organization, firm, corporation, association, city, county, city and county, and state,…
- § 12005 This part does not apply to the transportation and use of explosives by representatives of the California Highway Patrol, the State Bureau of Criminal…
- § 12005.5 (a) This part shall not apply to the possession, handling, storage, transportation, or use of not more than 10 pounds of blasting agents (division 1.5…
- § 12006 The provisions of this part and the regulations adopted by the State Fire Marshal pursuant to this part do not apply when the use, handling, possession,…
- § 12007 (a) For the purposes of this part, the term “issuing authority” shall mean either the sheriff of a county, or the chief or other head of a municipal police…
CHAPTER 2. Enforcement § 12020 · 1 section
- § 12020 The chief and the issuing authority, as defined in Sections 12003 and 12007, respectively, shall in their areas of jurisdiction enforce the provisions of this…
CHAPTER 3. General §§ 12080–12092 · 13 sections
- § 12080 (a) No person shall sell, give away, or transport any explosive which has not been classified as provided in Section 12000. (b) The State Fire Marshal, upon…
- § 12081 Except as limited by Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code and Section 18930, the State Fire Marshal shall prepare and adopt,…
- § 12082 No explosives shall be sold, furnished, or given away to any person under 21 years of age, whether such person is acting for himself or for another person, nor…
- § 12083 With the exception of the chief, the owner, a person authorized to enter by the owner, or the owner’s agent, no person shall enter any explosive manufacturing…
- § 12084 No person shall willfully discharge any firearm within 500 feet of any magazine or any explosive manufacturing plant.
- § 12085 No person shall make, possess, or transport any explosive in a manner prohibited by this part or prohibited by any ordinance of a city, county, or city and…
- § 12086 Any theft or loss of explosives, whether from a storage magazine, a vehicle in which they are being transported, or from a site on which they are being used,…
- § 12087 No person shall abandon or otherwise dispose of any explosives in any manner which might, as the result of such abandonment or disposal, create any danger or…
- § 12088 The contents of a package containing explosives shall be plainly marked on the outside of the package at the time the package is delivered for transportation.…
- § 12089 Except when transporting explosives received under Section 12102 of this code, every motor vehicle used in the transportation of explosives and which is…
- § 12090 There shall not be included in any cargo of explosives any flammable or combustible liquids, acids, or corrosive liquids, oxidizers, or combustible materials,…
- § 12091 Blasting caps or similar primary explosive initiation devices shall not be transported upon any vehicle equipped with a radio transmitter or other device which…
- § 12092 Any person who violates any of the requirements prescribed by regulation adopted pursuant to Section 12081 or 12151 shall be assessed a civil penalty of up to…
CHAPTER 4. Permits §§ 12101–12112 · 15 sections
- § 12101 (a) No person shall do any one of the following without first having made application for and received a permit in accordance with this section: (1)…
- § 12101.5 This chapter does not apply to any possession or use by a person licensed as a pyrotechnic operator—special effects first class of 20 pounds or less of…
- § 12102 This chapter does not apply to any possession or use of 20 pounds or less of smokeless powder, or one pound or less of black sporting powder, provided that:…
- § 12102.1 Any person who sells, gives, delivers or otherwise disposes of 20 pounds or less of smokeless powder, or one pound or less of black sporting powder, shall…
- § 12103 Application for a permit, as required under Section 12101, shall be made by filing a statement on forms prescribed by the State Fire Marshal. Such statement…
- § 12105 If the issuing authority finds, after reviewing the application for a permit, that the applicant possesses sufficient and adequate facilities to conduct the…
- § 12105.1 Except in a case in which the issuing authority determines that the explosives are necessary because of an emergency involving a danger to persons or property,…
- § 12105.2 A copy of each permit issued shall be forwarded to the State Bureau of Criminal Identification and Investigation in Sacramento.
- § 12106 When required by and in amounts set forth in local ordinance, the applicant for a permit for explosives shall submit evidence that the applicant has a minimum…
- § 12107 The issuing authority shall, in the exercise of reasonable discretion, deny a permit to any person if it is his opinion that the handling or use of explosives…
- § 12108 The form of the permits shall be prescribed by the State Fire Marshal. Permits shall be numbered by the local agency issuing the permit. The permit shall…
- § 12109 Except as provided in Section 12111, permits shall be valid for the period of time specified thereon.
- § 12110 No permit issued under the provisions of this chapter shall be transferable.
- § 12111 A permit may be suspended or revoked, after reasonable notice and hearing, by any chief or issuing authority in the area in which explosives are sold, used,…
- § 12112 Any decision or action by any chief or issuing authority made pursuant to this part may be appealed to the governing body of the area in which such decision or…
CHAPTER 5. Sale or Other Disposition §§ 12120–12124 · 5 sections
- § 12120 No person shall knowingly sell, give away, deliver, or otherwise dispose of any explosive to any person who does not possess a valid permit as required…
- § 12121 Every person who possesses, stores, uses, sells, gives away, delivers, or otherwise disposes of explosives shall keep an accurate journal, record book, or a…
- § 12122 Each notation in the journal, record book, or each record of sale, as required by Section 12121, shall legibly show: (a) The date of each purchase or receipt,…
- § 12123 The journal, record book or record of sale shall be kept by the person required to keep it in his principal office or place of business. It shall be at all…
- § 12124 The keeping of a journal, record book, or record of sale required by Sections 12121, 12122, and 12123 does not apply to those persons who are rendering a…
CHAPTER 6. Storage §§ 12150–12151 · 3 sections
- § 12150 Except for explosives kept only at an explosive manufacturing plant, no person shall possess, keep, or store any explosive which is not completely encased in a…
- § 12150.5 Every person having any blasting caps (electric or nonelectric) in his possession or control shall keep the same securely deposited in a locked approved…
- § 12151 Except while in the custody of a common carrier or in course of transportation pending delivery to a consignee, all explosives shall be kept or stored as…
CHAPTER 7. Illegal Use or Possession §§ 12303–12305 · 2 sections
- § 12303 “Lawful possession of an explosive,” as used in this chapter, means possessing explosives in accordance with the stated purpose and conditions of a valid…
- § 12305 Every person not in the lawful possession of an explosive who knowingly has any explosive in his possession is guilty of a felony.
CHAPTER 8. Confiscation §§ 12350–12355 · 6 sections
- § 12350 Except as provided in subdivision (b) of Section 12080, any unclassified explosives which are sold, given away, or transported shall be subject to immediate…
- § 12351 Any explosives which are illegally manufactured, sold, given away, delivered, stored, used, possessed, or transported shall be subject to immediate seizure by…
- § 12352 When a permit issued pursuant to this part has been suspended or revoked any explosives in the possession of such permittee shall be subject to immediate…
- § 12353 Any explosive seized under this chapter shall be stored in an approved manner and in accordance with regulations adopted by the State Fire Marshal. The person…
- § 12354 If the governing body finds that the explosives were illegally or erroneously seized, the explosives shall be returned to the petitioner. The determination of…
- § 12355 If no petition is received by the governing body within 10 days of seizure of any explosive, or if no action is commenced in a court of competent jurisdiction…
CHAPTER 9. Penalties §§ 12400–12401 · 2 sections
- § 12400 Except as provided in Chapter 7 (commencing with Section 12302), Part 1, Division 11 of the Health and Safety Code, every person who violates any provision of…
- § 12401 Every person who is found guilty of a felony as specified in this part is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal…
PART 2. FIREWORKS AND PYROTECHNIC DEVICES §§ 12500–12728 · 167 sections
CHAPTER 1. General Provisions and Definitions §§ 12500–12534 · 35 sections
- § 12500 This part shall be known and may be cited as the State Fireworks Law.
- § 12501 Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
- § 12502 “Advertise” means an announcement publicly with any sign, card, or notice, or by any other means, on which appears a person’s name or business name style…
- § 12503 “Agricultural and wildlife fireworks” means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of…
- § 12504 “Flammable liquid” means any liquid whose flashpoint is 100 degrees Fahrenheit, or less, when tested pursuant to Standard D56-70 of the American Society for…
- § 12505 “Dangerous fireworks” includes all of the following: (a) Any fireworks which contain any of the following: (1) Arsenic sulfide, arsenates, or arsenites. (2)…
- § 12506 “Emergency signaling device” means a pyrotechnic device designed and intended by the manufacturer to be used as such and which provides a reasonable degree of…
- § 12507 “End fuse” means a fuse inserted into any fireworks or pyrotechnic device at the end as distinguished from the side of such item.
- § 12508 “Exempt fireworks” means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board,…
- § 12509 “Exporter” means any person who sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of this state.
- § 12510 “Fire nuisance” means anything or any act which increases, or may cause an increase of, the hazard or menace of fire, or which may obstruct, delay, or hinder,…
- § 12511 “Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing…
- § 12512 “Fireworks kit” means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving…
- § 12513 “Importer” means any person who for any purpose does any of the following: (a) Brings fireworks into this state or causes fireworks to be brought into this…
- § 12514 “Issuing authority” means any person who has the responsibility of evaluating the application for, and issuing, the permits required by Section 12640.
- § 12515 “Label of registration” means the label of registration of the State Fire Marshal.
- § 12516 “License” means any nontransferable authorization granted by the State Fire Marshal to engage in any activity regulated by this part.
- § 12517 “Licensee” means any person 21 years of age or older holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570).
- § 12518 “Manufacturer” means any person who manufactures, makes, constructs, fabricates, or produces any fireworks or pyrotechnic devices, but does not include any…
- § 12519 “Model rocket” means a toy or educational device that weighs not more than 1500 grams, including the engine and any payload, that is propelled by a model…
- § 12520 “Model rocket motor” means a rocket propulsion device using commercially manufactured solid propellant, that does not require mixing by the user, and that…
- § 12521 “Package” includes any case, container, or receptacle, used for holding fireworks, which is closed or sealed by tape, cordage, or by any other means.
- § 12522 “Permit” means the nontransferable permission granted by the public agency having local jurisdiction to a licensee for the purposes of establishing and…
- § 12523 “Person” means any person, copartnership, organization, firm, corporation, association, or any combination thereof, or any city, county, city and county, and…
- § 12524 “Public display of fireworks” means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of…
- § 12525 “Pyrotechnic compositions” means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere.
- § 12526 “Pyrotechnic device” means any combination of materials, including pyrotechnic compositions, which, by the agency of fire, produce an audible, visual,…
- § 12527 “Pyrotechnic operator” means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability…
- § 12528 “Retailer” means any person who, at a fixed place of business, sells, transfers, or gives fireworks to a consumer or user.
- § 12529 “Safe and sane fireworks” means any fireworks that have been approved by the United States Consumer Product Safety Commission and that have been carefully…
- § 12530 “Salesman” means any person who, as an employee of a manufacturer or wholesaler, solicits, accepts, or receives an order for fireworks for a licensee or…
- § 12531 “Sell” means any arrangement between two or more persons as a result of which there is a transfer of property for a consideration.
- § 12532 “Special effects” means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television,…
- § 12533 “Wholesaler” means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other…
- § 12534 “Within this state” means within all territory within the boundaries of this state.
CHAPTER 2. Exceptions §§ 12540–12541.1 · 3 sections
- § 12540 The provisions of this part shall not apply to any of the following: (a) Explosives regulated under Part 1 (commencing with Section 12000) of Division 11. (b)…
- § 12541 Nothing in this part authorizes the sale, use, or discharge of fireworks in any city, county, or city and county in which the sale, use, or discharge is…
- § 12541.1 (a) A special district which provides fire protection, prevention, or suppression services may adopt an ordinance or regulation to prohibit or regulate the…
CHAPTER 3. Administration §§ 12550–12558 · 9 sections
- § 12550 The State Fire Marshal shall enforce and administer this part.
- § 12551 The State Fire Marshal shall appoint deputies and employees as may be required to carry out the provisions of this part, subject to approval in the annual…
- § 12552 The State Fire Marshal shall adopt regulations relating to fireworks as may be necessary for the protection of life and property not inconsistent with the…
- § 12553 The State Fire Marshal shall also adopt regulations for classification of any new type of fireworks or pyrotechnic devices which have not been classified prior…
- § 12554 The regulations adopted by the State Fire Marshal relating to fireworks and in existence on January 1, 1974 shall continue thereafter to be in effect as…
- § 12555 The State Fire Marshal or his salaried deputies may make an examination of the books and records of any licensee or permittee relative to fireworks, and may…
- § 12556 (a) In addition to the obligations described in Section 13110.5, on or before July 1, 2024, the State Fire Marshal shall identify and evaluate methods to…
- § 12557 (a) The Office of the State Fire Marshal shall consult with public safety agencies and other stakeholders as deemed necessary by the State Fire Marshal and…
- § 12558 The licensee or permittee shall permit the chief of the issuing authority, or his authorized representatives, as qualified in Section 12721, to enter and…
CHAPTER 4. Classification of Fireworks and Pyrotechnic Devices §§ 12560–12569 · 10 sections
- § 12560 The State Fire Marshal shall classify all fireworks and pyrotechnic devices in accordance with the provisions of this chapter. No fireworks or pyrotechnic…
- § 12561 All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “dangerous fireworks” in Section 12505 shall be…
- § 12562 All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “safe and sane fireworks” in Section 12529 shall be…
- § 12563 All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “agricultural and wildlife fireworks” in Section 12503…
- § 12564 All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “exempt fireworks” in Section 12508 shall be classified…
- § 12565 All fireworks or toy propellent devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him or her to come within the…
- § 12566 All pyrotechnic devices examined by the State Fire Marshal and found by him to come within the definition of “emergency signaling devices” in Section 12506…
- § 12567 Those fireworks classified by the State Fire Marshal as safe and sane prior to January 1, 1974 may continue to bear that designation and may be sold as safe…
- § 12568 The manufacturer, importer, or wholesaler shall stamp or label each case or carton of dangerous fireworks offered for sale, sold, consigned, or delivered…
- § 12569 Except as provided in Section 12637 and pursuant to the provisions of Sections 12560 and 12581, fireworks or pyrotechnic devices examined and classified by the…
CHAPTER 5. Licenses §§ 12570–12637 · 56 sections
ARTICLE 1. Types of Licenses §§ 12570–12579 · 10 sections
- § 12570 The State Fire Marshal may issue any license described in this part, subject to the regulations which he may adopt not inconsistent with the provisions of this…
- § 12571 A manufacturer’s license shall allow the manufacture of fireworks and other pyrotechnic devices of all types and the sale and transport to licensed wholesalers…
- § 12572 A wholesaler’s license allows the sale and transportation of all types of fireworks to licensed retailers, or retailers operating under a permit, licensed…
- § 12573 An importer’s and exporter’s license shall allow fireworks to be imported into and exported from the state. Import activity shall be limited to the sale of…
- § 12574 A retail sales license allows the retail sale of safe and sane fireworks for private use.
- § 12575 A public display (special) license allows the holding and conducting at various times of public displays of dangerous fireworks at a single location only.
- § 12576 A public display license (general) allows the holding and conducting of public displays of dangerous fireworks at various locations and at various times.
- § 12577 A public display license (limited) allows the performance of a single public display action of a single nature with dangerous fireworks at one location to be…
- § 12578 The State Fire Marshal shall adopt regulations that identify and specify the scope of each class of pyrotechnic operator license. A pyrotechnic operator…
- § 12579 All licensees may transport the class of fireworks for which they hold a valid license as provided in Section 12651.
ARTICLE 2. Issuance, Revocation and Renewal §§ 12580–12608 · 29 sections
- § 12580 The State Fire Marshal may issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices in this state.
- § 12581 Any person who desires to manufacture, import, export, sell or use fireworks, shall first make written application for a license to the State Fire Marshal on…
- § 12582 The application for a license shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the…
- § 12583 The authorization to engage in the particular act or acts conferred by a license to a person shall extend to salesmen or other employees of such person who are…
- § 12585 Any applicant may withdraw his application for a license or renewal of a license and the State Fire Marshal may allow the withdrawal when he has determined…
- § 12586 The suspension, expiration, or forfeiture by operation of law of a license issued by the State Fire Marshal, or its suspension, forfeiture, or cancellation by…
- § 12587 A written report by the State Fire Marshal, any of his deputies, or salaried assistants, or by the chief of any city or county fire department or fire…
- § 12588 The State Fire Marshal may deny, without hearing, an application for a license or renewal of a license, if within one year prior to the date of application,…
- § 12589 The application for any license shall become void when any of the following occurs: (a) The State Fire Marshal has notified the applicant to appear for…
- § 12590 The State Fire Marshal may deny or revoke any license issued pursuant to this part if the State Fire Marshal finds any of the following conditions has…
- § 12591 The State Fire Marshal may, upon three days notice, suspend any license for a period not exceeding 30 days pending investigation of any violation of the…
- § 12592 Any applicant who has been denied a license or renewal of a license, or any licensee who has had a license suspended, shall be entitled to a hearing in…
- § 12593 Except where otherwise provided in this part, all hearings under this part shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of…
- § 12594 Reports on fireworks transactions or the payment of license fees or penalties required by this part shall be deemed to have been made or paid at the time they…
- § 12595 Except as otherwise provided in Section 12599, on and after July 1, 1974, the original and annual license fee shall be for the fiscal year beginning July 1 and…
- § 12596 Any person or organization may obtain any license required by this part between January 1, 1974, and June 30, 1974, to be effective for that period only.
- § 12597 Application for renewal of a license shall be made during the license renewal period in the current license year in order to renew a license for the next…
- § 12598 Every licensee who fails to renew his or her license by the time the license expires shall surrender the license to the State Fire Marshal within 10 days after…
- § 12599 A retail license shall authorize a retail sale of safe and sane fireworks within this state only during the period of 12 noon on the 28th of June through 12…
- § 12600 Except as provided in Section 12583, the authority to perform any acts permitted by a license issued under this part shall be limited to the licensee and shall…
- § 12601 Except as provided in Section 12599, any license not renewed in accordance with the provisions of this part shall automatically expire at 12 midnight on June…
- § 12602 A license shall not be required for the retail sale, use, or discharge of agricultural and wildlife fireworks, model rocket motors, or emergency signaling…
- § 12603 No person or employee holding a pyrotechnic license shall be required to obtain a manufacturer’s license to design, assemble, compound, use, discharge,…
- § 12604 Following the revocation or voluntary surrender of a license, or failure to renew his license, any person in lawful possession of lawfully acquired fireworks…
- § 12605 Any person found guilty of violating any of the provisions of this part is not eligible to apply for a new license, apply for a renewal of a license, or take…
- § 12606 Any charges against applicants for a license or against licensees which would be cause for the State Fire Marshal to initiate proceedings for revocation or…
- § 12606.1 (a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting a person…
- § 12607 The State Fire Marshal may deny the application for a license or the application for renewal of a license filed by any person who has been convicted of a…
- § 12608 The authority to perform those acts conferred upon the employee of a licensee as provided for in Section 12583 may be denied to any person who has been…
ARTICLE 3. Insurance §§ 12610–12611 · 2 sections
- § 12610 Notwithstanding any of the provisions of the law which may require a certificate of insurance as a condition for a permit to hold a general, special, or…
- § 12611 The certificate of insurance shall provide all of the following: (a) That the insurer will not cancel the insured’s coverage without 15 days’ prior written…
ARTICLE 4. Reports §§ 12615–12620 · 6 sections
- § 12615 All licensees, except retailers, shall maintain and make available to the State Fire Marshal full and complete, true, and accurate records showing all…
- § 12616 The licensees shall report any theft or loss of fireworks to the State Fire Marshal within 24 hours after the discovery of theft or loss. The report shall show…
- § 12617 In the event of the theft or loss of any fireworks or pyrotechnic devices, the State Fire Marshal shall notify the fire authorities in the location where the…
- § 12618 Each bill of lading, manifest, and invoice issued to cover the sale and shipment of fireworks shall bear the license number of both the seller or shipper and…
- § 12619 All import and export licensees shall file a notice with the State Fire Marshal prior to the arrival of any class of fireworks subject to the license he holds.…
- § 12620 In addition to the report required under this part, the State Fire Marshal may by regulation require such additional reports from licensees or permittees as…
ARTICLE 5. Fees §§ 12630–12637 · 9 sections
- § 12630 The State Fire Marshal shall establish and collect the original and annual renewal fees for fireworks licenses required by this chapter. The fees shall not…
- § 12631 The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, agricultural and wildlife fireworks shall…
- § 12632 The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket motors shall be established…
- § 12633 The original and annual renewal application for registration of each model of emergency signaling devices shall be made to the State Fire Marshal. A…
- § 12634 When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate…
- § 12635 All of the moneys collected pursuant to this part shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section…
- § 12635.5 (a) A charter city, city, county, fire protection district, or city and county that adopts an ordinance or resolution pursuant to Section 12599 may, through…
- § 12636 Except as otherwise provided by law, the State Fire Marshal shall charge a fee in the amount of five dollars ($5) for each certified copy of any record,…
- § 12637 All fireworks or pyrotechnic devices intended for sale in this state, which are products of nonlicensed manufacturers, shall be examined and classified by the…
CHAPTER 6. Permits §§ 12640–12654 · 15 sections
- § 12640 In any case in which this chapter requires that a permit be obtained from the State Fire Marshal, or in any case in which the public agency having local…
- § 12641 A permit, as provided in this part, shall not be required of any person to transport, purchase at retail, or use safe and sane fireworks, or to purchase at…
- § 12642 The effective period of the permit shall be defined in the permit and in no case shall the period of the permit exceed the valid period of the license. This…
- § 12643 Any licensee desiring to do any act specified in Section 12640 shall first make written application for a permit to the chief of the fire department or the…
- § 12644 The issuing authority shall not accept an application for a permit from any person who does not possess, and present at the time of application, evidence of a…
- § 12645 The officer to whom the application for a permit is made shall undertake an investigation and submit a report of his findings and his recommendation concerning…
- § 12646 The governing body may grant or deny the permit, subject to such reasonable conditions, if any, as it shall prescribe.
- § 12647 The governing body may delegate the power to grant or deny the permit to the issuing authority to whom the application is made. In such case, the governing…
- § 12648 The officer to whom the application for a permit for a public display of fireworks is made shall make an investigation to determine whether such a display as…
- § 12649 The applicant for a permit for any public display of fireworks shall, at the time of application, submit his license for inspection and furnish proof that he…
- § 12650 When a permit for the public display of fireworks is granted, the sale, possession, transportation, and use of fireworks for the public display is lawful for…
- § 12651 Any person holding a valid license for the manufacture, wholesale, or import and export of dangerous fireworks or pyrotechnic devices may transport any class…
- § 12652 When traveling between the approved routes, as specified in Section 12651, and the point of destination the licensee shall possess a transportation permit from…
- § 12653 The application for a transportation permit shall be submitted to the State Fire Marshal for the transportation of any quantity of fireworks where such…
- § 12654 A transportation permit shall not be required by this part for public carriers or private carriers who each hold a valid license or permit issued pursuant to…
CHAPTER 7. Violations §§ 12670–12692 · 23 sections
- § 12670 It is unlawful for any person to advertise that he is in any business or venture involving fireworks or pyrotechnic devices or shall cause his name or business…
- § 12671 It is unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless the State…
- § 12672 It is unlawful for any person to sell, or offer for sale, safe and sane fireworks at any time outside of the period specified in Section 12599.
- § 12673 It is unlawful for any person to store any fireworks without having in his possession a valid permit as required by this part.
- § 12674 It is unlawful for any person to store or possess any fireworks for which a license is required and which has been revoked or surrendered or any license which…
- § 12675 It is unlawful for any person to fail to record on each bill of lading, manifest or invoice issued to cover the sale or shipment of fireworks, the license…
- § 12676 It is unlawful for any person to sell, transfer, give, deliver, or otherwise convey title of any dangerous fireworks, including fireworks kits, to any person…
- § 12677 It is unlawful for any person to possess dangerous fireworks without holding a valid permit.
- § 12678 It is unlawful for any person to use or discharge agricultural and wildlife fireworks without first securing a permit as provided in this part.
- § 12679 It is unlawful for any person to store, sell, or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other flammable…
- § 12680 (a) Except as provided in subdivision (b) or (c), it is unlawful for any person to place, throw, discharge or ignite, or fire dangerous fireworks at or near…
- § 12681 It is unlawful for any person to sell or transfer any safe and sane fireworks to a consumer or user thereof other than at a fixed place of business of a…
- § 12682 It is unlawful for any person to allow or permit a fire nuisance, as defined in Section 12510, to exist on any premises where any fireworks are manufactured,…
- § 12683 It is unlawful for any person to sell, use, or discharge any emergency signaling device not registered by the State Fire Marshal.
- § 12684 It is unlawful for any person to use or discharge any registered emergency signaling device in any manner other than that permitted by the instructions for use.
- § 12685 It is unlawful for any person to conduct a public display without possessing a valid permit for this purpose.
- § 12686 It is unlawful for any person to use any special effects fireworks unless he possesses a pyrotechnic operator license.
- § 12687 It is unlawful for any person to sell, transfer, give, or deliver any special effects fireworks to any person not licensed as a pyrotechnic operator.
- § 12688 It is unlawful for a person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket motors,…
- § 12689 (a) It is unlawful for any person to sell, give, or deliver any dangerous fireworks to any person under 18 years of age. (b) It is unlawful for any person who…
- § 12690 It is unlawful for any person to perform any act, or transact or attempt to transact any business, with an expired license or an expired permit where a license…
- § 12691 It is unlawful for any person to violate any provision of any regulation adopted by the State Fire Marshal pursuant to this part.
- § 12692 This chapter shall not prohibit the operations or functions of a licensed pyrotechnic operator holding a special effects license when the operations or…
CHAPTER 8. Penalties §§ 12700–12706 · 6 sections
- § 12700 (a) Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to this part,…
- § 12701 A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of this part, or any order or…
- § 12702 Notwithstanding Section 12700: (a) A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of…
- § 12703 (a) The State Fire Marshal shall, in conjunction with the Department of Motor Vehicles, develop regulations and procedures to temporarily suspend the…
- § 12704 The State Fire Marshal, at least once a year and in consultation with the Attorney General, shall serve notice to any individual or business known to supply…
- § 12706 Notwithstanding Section 1463 of the Penal Code, all fines and forfeitures imposed by or collected in any court of this state, except for administrative fines…
CHAPTER 9. Remedies §§ 12720–12728 · 10 sections
- § 12720 Any threatened violation of any provision of this part or of any order or regulation of the State Fire Marshal issued pursuant to this part may be enjoined in…
- § 12721 The State Fire Marshal, his or her salaried deputies, or any chief of a fire department, or his or her authorized representatives, any fire protection agency,…
- § 12722 The following fireworks may be seized pursuant to Section 12721: (a) Those fireworks that are sold, offered for sale, possessed, stored, used, or transported…
- § 12723 (a) The authority seizing fireworks under the provisions of this chapter shall notify the State Fire Marshal not more than three days following the date of…
- § 12724 (a) Any person whose fireworks are seized under the provisions of this chapter may, within 10 days after seizure, petition the State Fire Marshal to return the…
- § 12725 The State Fire Marshal, his salaried deputies, or any chief or his authorized representatives as qualified in this chapter may prevent, stop, or cause to be…
- § 12726 (a) The dangerous fireworks seized pursuant to this part shall be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal and in…
- § 12726.1 (a) Subject to an appropriation by the Legislature, the State Fire Marshal shall train local fire and law enforcement personnel on the requirements of this…
- § 12727 (a) The State Fire Marshal shall establish regulations pursuant to the requirements and procedures established with the Office of Administrative Law to assess…
- § 12728 (a) The State Fire Marshal Fireworks Enforcement and Disposal Fund is hereby established in the State Treasury. (b) All of the moneys collected pursuant to…
PART 3. FLAMETHROWING DEVICES §§ 12750–12761 · 9 sections
CHAPTER 1. Definitions and Scope §§ 12750–12751 · 2 sections
- § 12750 For purposes of this part, the following definitions shall apply: (a) “Flamethrowing device” means any nonstationary and transportable device designed or…
- § 12751 This part shall not apply to the sale, purchase, possession, transportation, storage, or use of a flamethrowing device by a person if all of the following…
CHAPTER 2. Administration §§ 12755–12759 · 5 sections
- § 12755 No person shall use or possess a flamethrowing device without a valid flamethrowing device permit issued by the State Fire Marshal pursuant to this part.
- § 12756 The State Fire Marshal shall adopt regulations to administer this part and establish standards for the background investigation of an applicant for, and holder…
- § 12757 The State Fire Marshal may issue or renew a permit to use and possess a flamethrowing device only if all of the following conditions are met: (a) The applicant…
- § 12758 (a) If the State Fire Marshal denies an application for, or the renewal of, or revokes a flamethrowing device permit, the applicant for a flamethrowing device…
- § 12759 The State Fire Marshal shall establish fees pursuant to this part that shall be deposited in the State Fire Marshal Licensing and Certification Fund.
CHAPTER 3. Enforcement and Penalties §§ 12760–12761 · 2 sections
- § 12760 The State Fire Marshal shall seize any flamethrowing device in the possession of any person who does not have a valid flamethrowing device permit issued…
- § 12761 Any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit issued pursuant to this part is guilty of a public…