HOUSE DOCKET, NO. 3174        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3613

The Commonwealth of Massachusetts

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PRESENTED BY:

Colleen M. Garry

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the sale and use of fireworks.

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PETITION OF:

HOUSE DOCKET, NO. 3174        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3613

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the sale and use of fireworks.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after section 2VVVV the following section:-

Section 2WWWW. There shall be a State Fire Marshal Fireworks Fund.   There shall be credited to the fund all monies generated from fees and fines collected pursuant to section 60 of chapter 148, leases, gifts, grants, interest earned on any monies within this fund or any other revenue sources.  Revenues credited to the fund shall be used, not subject to appropriation, for operating costs, capital improvements, equipment and maintenance, including the costs of personnel for the state fire marshal, but no expenditure shall be made from the fund that shall cause the fund to be in deficit at the close of a fiscal year.             

SECTION 2. Section 39 of chapter 148 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “substance”, in line 15, the following words:- ; provided, however, that in a city or town which accepts section 61, sparklers and novelty poppers shall not be considered fireworks.

SECTION 3. Said section 39 of said section 148 is hereby further amended by inserting after the word “both”, in line 19” the following words:- ; provided, that all fines collected pursuant to this section shall be credited to the State Fire Marshal Fireworks Fund, established by section 2WWWW of chapter 29.

SECTION 4. Said chapter 148 is hereby further amended by adding the following section:-             

Section 61. (a) A city or town may accept this section pursuant to section 4 of chapter 4.

(b) The legislative body of a city or town, upon application in writing, on a form provided by the division, may authorize the head of a fire department of the city or town to grant a permit for the use of fireworks otherwise prohibited by section 39 within the city or town for display by individuals approved by the city or town; provided, however that no permit shall be required for the display of either sparklers under 3 feet in length or novelty poppers. The permit shall be on a form provided by the division. After a permit has been granted, use of fireworks for the purposes described in the permit only may be made. A permit granted pursuant to this subsection shall not be transferable and nor shall a permit be issued to a person under the age of 18 years. The fee for such permit shall not exceed $25, which shall be credited to the State Fire Marshal Fireworks Fund, established by section 2WWWW of chapter 29. The state fire marshal may require municipal fire departments to include safety materials, developed and provided by the division, to a person who receives such permit.

(c) The legislative body of a city or town, upon application in writing, may grant a sales license, on a form provided by the division, to a resident wholesale dealer or retailer to have in his possession within the city or town fireworks otherwise prohibited by this chapter, for sale only to people 18 years of age or older. A license granted pursuant to this subsection shall not be transferable, nor shall a license be issued to a person under the age of 18 years.

The storage of fireworks at the site of a wholesaler, dealer, or retailer who has goods on hand for sale to the public in a supervised display area, shall be in a 1-story, noncombustible building without a basement, which building is weather resistant, well ventilated, and equipped with a strong door kept securely locked except when open for business; The location of the storage building shall be approved by the department.

(d) If a municipality grants a fireworks sales license pursuant to subsection (d), the municipality shall authorize the head of the fire department to grant permits for the use of fireworks within the municipality pursuant to subsection (c). If a municipality authorizes the fire department to grant fireworks use permits, the municipality shall have in place the procedure for licensing fireworks sales, using the form provided by the division.

(e) The state fire marshal shall promulgate rules and regulations to implement this section. The regulations shall include the storage requirements for licensed sellers.