reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 2 - Enforcement › Section 12020.

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 part and the regulations adopted by the State Fire Marshal pursuant to this part.
Any peace officer, as defined in Sections 830.1, 830.2, and subdivisions (a), (e), (k), and ( l) of Section 830.3 of the Penal Code, and those officers listed in Section 830.6 of the Penal Code while acting in the course and scope of their employment as peace officers may enforce the provisions of this part.
(Amended by Stats. 1990, Ch. 1695, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12080.

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 receiving an application from any interested party, with the concurrence of the chief in the area affected, and if he determines that such action may be taken without jeopardizing the public welfare and safety, may authorize the transportation of unclassified explosives provided all other provisions of this part are met.
(Added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12081.

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, in accordance with Chapter 3.5 (commencing at Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable regulations that are not in conflict with this part, relating to the sale, use, handling, possession, and storage of explosives.
The building standards adopted and submitted for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 and the other regulations adopted by the State Fire Marshal shall do all of the following:
(a)  Make reasonable allowances for storage facilities in existence when the regulations become effective. No allowance, however, shall be made for storage facilities which constitute a distinct hazard to life and property, nor shall any allowance be made for storage facilities wherein proper safeguards for the control and security of explosives cannot be maintained.
(b)  Be based on performance standards wherever possible.
(c)  Make reasonable allowances for the storage of gunpowder for commercial and private use. No allowance, however, shall be made for storage facilities which constitute a distinct hazard to life and property, nor shall any allowance be made for storage facilities wherein proper safeguards for the control and security of explosives cannot be maintained.
(d)  Set uniform requirements for the use and handling of explosives that would apply statewide.
(e)  The building standards published in the California Building Standards Code relating to storage of explosives and the other regulations adopted by the State Fire Marshal pursuant to this section shall apply uniformly throughout the state, and no city, county, city and county, or other political subdivision of this state, including, but not limited to, a chartered city, county, or city and county, shall adopt or enforce any ordinance or regulation that is inconsistent with this section.
(f)  In making the regulations, the State Fire Marshal shall consider as evidence of generally accepted safety standards the publications of the National Fire Protection Association, the United States Bureau of Mines, the United States Department of Defense, and the Institute of Makers of Explosives.
(g)  The regulations shall establish standards relating to the size, form, contents, and location of caution placards to be placed on or near storage facilities for division 1.1, 1.2, and 1.3 explosives as set forth in Article 77 of the Uniform Fire Code of the International Conference of Building Officials and the Western Fire Chiefs Association, Inc. or similar standards that are consistent with the United States Department of Transportation classifications, or for any explosives as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations.
(Amended by Stats. 2004, Ch. 247, Sec. 6. Effective August 23, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12082.

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 shall any such person be eligible to obtain any permit to receive explosives governed by the provisions of this part.
The reference to “under 21 years of age” in this section is unaffected by Section 1 of Chapter 1748 of the Statutes of 1971 or any other provision of that chapter.
(Amended by Stats. 1972, Ch. 1011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12083.

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 plant, magazine, or vehicle containing explosives.
(Added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12085.

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 county, or prohibited by the laws or regulations governing a harbor in those areas where such ordinance, laws, or regulations apply.
(Added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12086.

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, or from any other location, shall immediately be reported by the person having control of such explosives to the local police or county sheriff. The local police or county sheriff shall immediately transmit a report of such theft or loss of explosives to the State Bureau of Criminal Identification and Investigation at Sacramento.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12087.

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 threat of danger to life or property. Any person in possession or control of explosives required in the performance of his duties shall, when the need for such explosives no longer exists, either return the explosives to the source from which the explosives were obtained, or to an appropriate issuing authority for disposal or shall destroy the explosives in a safe manner so as not to make them available to persons who might obtain them and use them in a manner prejudicial to the safety of life and property. Magazines or temporary magazines used for storage purposes in any area where blasting is required shall, when the need for such storage no longer exists and the explosives have been removed or disposed of as above required, be removed or demolished, or signs, indicating the presence of explosives in such magazines or on the premises on which such magazines are located, shall be removed or effectively obliterated, and the issuing authority who issued the storage permit shall be immediately notified of the action taken.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12088.

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.
It is unlawful for any person to deliver, or cause to be delivered, to any carrier for transportation any explosive under any false or deceptive marking, description, invoice, shipping order, or other declaration.
(Added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12089.

12089. Except when transporting explosives received under Section 12102 of this code, every motor vehicle used in the transportation of explosives and which is subject to this part, shall have displayed thereon, signs conforming to the regulations of the United States Department of Transportation.
(Amended by Stats. 1968, Ch. 662.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12090.

12090. There shall not be included in any cargo of explosives any flammable or combustible liquids, acids, or corrosive liquids, oxidizers, or combustible materials, other than the explosives themselves, which may have such characteristics. Blasting caps or detonators shall not be transported upon the same vehicle with other explosives. The foregoing provisions of this section shall be subject to such exceptions as are permitted by the regulations of the United States Department of Transportation.
(Amended by Stats. 1978, Ch. 868.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12091.

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 may cause detonation of such primary initiators unless such blasting caps or similar primary explosive initiation devices have been tested and proved safe for transportation by laboratory approved by the State Fire Marshal and there is affixed to the shipping container of such devices a label which states all of the following:
(a)  The type of primary explosive initiation devices in the container.
(b)  That such devices have been tested and proved safe for transportation upon any vehicle equipped with a radio transmitter or other device which may cause detonation of such primary initiators by a laboratory approved by the State Fire Marshal.
(Amended by Stats. 1969, Ch. 568.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 3 - General › Section 12092.

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 one thousand dollars ($1,000) for each violation.
(Added by Stats. 1990, Ch. 734, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12101.5.

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 smokeless powder, or five pounds or less of black sporting powder, if all of the following requirements are satisfied:
(a)  All such powder is for use in the pursuit of the lawful business of such licensee and not for resale, and, in the case of black sporting powder, there shall be no gift, delivery or other disposition to another person who is not licensed as a pyrotechnic operator—special effects first class. Any such licensee may sell, give, deliver, or otherwise dispose of any smokeless or black sporting powder to another such licensee.
(b)  The storage, use and handling of such smokeless and black powder conforms to rules, regulations, or ordinances of authorities having jurisdiction for fire prevention and suppression in the area of such storage, use, and handling of such explosives.
(Amended by Stats. 1975, Ch. 355.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12102.

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:
(a)  Smokeless powder is intended only for hand loading of small arms ammunition of .75 caliber or less.
(b)  Black sporting powder is intended for loading of small arms or small arms ammunition of .75 caliber or less.
(c)  All such powder is for private use and not for resale, and, in the case of black sporting powder, there shall be no gift, delivery, or other disposition to another person.
(d)  The storage, use and handling of such smokeless and black powder conforms to rules, regulations, or ordinances of authorities having jurisdiction for fire prevention and suppression in the area of such storage, use, and handling of such explosives.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12102.1.

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 first obtain a statement from the person who purchases or otherwise receives such powder, which statement shall include:
(a)  The name, address and birth date of the person purchasing or receiving the powder.
(b)  The purpose for which the powder is intended to be used, handled, stored, or possessed.
(c)  The type and amount of the powder.
(d)  The signature of the person purchasing or receiving the powder.
(e)  The driver’s license number, selective service card number, or other identifying information concerning the person purchasing or receiving the powder.
Any person furnishing a fictitious name or address or knowingly furnishing an incorrect birth date and any person violating any of the provisions of this section is guilty of a misdemeanor.
(Added by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12103.

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 shall contain, but shall not necessarily be limited to, the following:
(a)  The name and address of the applicant.
(b)  The name and address of the employee or authorized representatives designated by the applicant as being responsible for the use, handling, storage, possession, or transportation of explosives for the applicant and whether the employee or authorized representative has been issued a blaster’s license by the Division of Industrial Safety to use or handle explosives.
(c)  The place where, and the purpose for which, the explosives are intended to be used, handled, stored, or possessed.
(d)  The type and amount of explosives for which application is made.
(e)  The signature of the applicant.
(f)  The number of times purchases may be made and the frequency of such purchases.
(g)  The routes, highways, and stopping places intended to be utilized in transporting the explosives.
(Amended by Stats. 1976, Ch. 1094.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12105.

12105. If the issuing authority finds, after reviewing the application for a permit, that the applicant possesses sufficient and adequate facilities to conduct the acts specified in the application, and that the issuance of such permit would not appear to be contrary to the public welfare and safety, he shall issue a permit authorizing the applicant to engage in such specific acts. Before issuing a permit for the storage of explosives, the issuing authority shall first inspect and approve the storage facility. No application for such a permit shall be approved by the issuing authority unless the storage facility is in strict compliance with the regulations adopted by the State Fire Marshal pursuant to Section 12081. In addition, the issuing authority may, at his discretion, require the submission of any personal information relevant to the acts for which application is made.
A permit shall not be issued until after the payment of a fee of ten dollars ($10), unless the quantity of explosives is 100 pounds or less, in which case the fee shall be two dollars ($2). The permit fee shall be equally divided and deposited into the treasury of the city, county, or city and county having jurisdiction over the issuing authority and into the State Treasury.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12105.1.

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, no permit shall normally be issued until one week has elapsed after application is made. If the applicant gives evidence that he has previously been issued an explosives permit pursuant to this part and if the legitimacy of the purpose for which the current application is made is clearly apparent to the issuing authority, the issuing authority may in his discretion issue a permit before one week has elapsed. If no affirmative action is taken on the application within 14 days after the application is made, the issuing authority shall explain the cause for such delay to the applicant.
(Amended by Stats. 1972, Ch. 1011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12106.

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 and specified amount of funds available for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit and from which any legal judgment results.
Such evidence, when required, shall be a bond issued by an authorized surety company or a public liability insurance policy or cash or other evidence of financial security acceptable to the State Fire Marshal. The minimum amount of any such bond or insurance policy shall be determined by the appropriate issuing authority.
The provisions of this section do not apply to any public entity, as defined in Section 811.2 of the Government Code.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12107.

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 by such person would be hazardous to property or dangerous to any person.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12108.

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 include on its face the date of expiration of the permit. It shall also include a statement to the effect that any unused portion of explosives authorized by the permit shall either be returned to the source from which the explosives were obtained, destroyed, or returned to an appropriate issuing authority in accordance with Section 12087 or, in lieu thereof, application for a new permit shall be made.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12111.

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, stored, handled, or possessed, if the person to whom the permit was issued sells, uses, stores, or handles the explosives in a manner which is unlawful or which creates an unreasonable hazard to life and property.
The chief or issuing authority taking action to suspend or revoke a permit shall immediately notify the agency who issued the permit of the action taken and shall also immediately notify the State Bureau of Criminal Identification and Investigation in Sacramento.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 4 - Permits › Section 12112.

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 action is made.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 5 - Sale or Other Disposition › Section 12120.

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 pursuant to Section 12101.
The provisions of this section and subdivisions (e) and (f) of Section 12122 do not apply to transactions by the Department of Defense or to the transactions of an agency or organization acting pursuant to contract with the Department of Defense.
(Amended by Stats. 1968, Ch. 662.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 5 - Sale or Other Disposition › Section 12121.

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 record of sale in which he shall note each possession, storage, use, sale, delivery, gift, or other disposition of an explosive and the time when such disposition is made whether in the course of business or otherwise. Such journal, record book, or the record of sale shall be kept on file for a period of not less than three years. Field records required to be kept pursuant to Section 12123 need be kept in the appropriate county only for the period of the possession, storage, use, sale, gift, delivery, or other disposition of explosives within that county, after which time the field records may be destroyed.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 5 - Sale or Other Disposition › Section 12122.

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, storage, use, sale, delivery, gift, or other disposition of explosives.
(b)  The name and quantity of the explosives possessed, stored, used, sold, delivered, given away, or otherwise disposed of.
(c)  The name, address, and business of the purchaser or transferee, where applicable.
(d)  When the explosives are to be transported under Division 14 (commencing with Section 31600) of the Vehicle Code, the permit number issued by the California Highway Patrol; or when transported other than under Division 14 (commencing with Section 31600) of the Vehicle Code, the vehicle operator’s license number or other comparable identification, the motor vehicle license number of the vehicle used, and the name and address of the individual to whom the explosives are to be delivered.
(e)  The number of the permit to receive explosives.
(f)  The name of the public agency which issued the permit and the name of the officer issuing such permit.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 5 - Sale or Other Disposition › Section 12123.

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 times, on proper demand, subject to the inspection and examination of any chief or other duly authorized law enforcement official. In addition, if the principal office or place of business is located in a place other than the county within which the explosives are possessed, stored, used, sold, given away, delivered, or otherwise disposed of, field records shall be kept in that county during the period of such possession, storage, use, sale, gift, delivery or other disposition.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 5 - Sale or Other Disposition › Section 12124.

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 delivery service under a permit issued by the California Highway Patrol pursuant to Division 14 (commencing with Section 31600) of the Vehicle Code, nor does it apply to any possessor or user of explosives not required to have a permit under Section 12102. A journal, record book, or record of sale need not be kept by anyone who is in lawful possession of an explosive and who receives and detonates all such explosives within a 24-hour period.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 6 - Storage › Section 12150.

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 tight metal, wooden, or fiber container, or a container approved by the Interstate Commerce Commission.
No person having any explosives in his possession or control shall under any circumstances permit or allow any grains or particles of such explosives to be or remain on the outside of, or about, the containers in which such explosives are kept.
(Repealed and added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 6 - Storage › Section 12150.5.

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 magazine, except when taken therefrom for actual use, transportation, or sale.
(Amended by Stats. 1969, Ch. 568.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 6 - Storage › Section 12151.

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 specified in the rules or regulations adopted by the State Fire Marshal pursuant to this part.
(Repealed and added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 7 - Illegal Use or Possession › Section 12303.

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 permit obtained pursuant to the provisions of this part, unless such person is specifically excepted from the permit requirements by the provisions of this part.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 7 - Illegal Use or Possession › Section 12305.

12305. Every person not in the lawful possession of an explosive who knowingly has any explosive in his possession is guilty of a felony.
(Repealed and added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 8 - Confiscation › Section 12350.

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 seizure by any chief or police official.
(Repealed and added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 8 - Confiscation › Section 12351.

12351. Any explosives which are illegally manufactured, sold, given away, delivered, stored, used, possessed, or transported shall be subject to immediate seizure by any chief, issuing authority, or peace officer authorized to act under Section 12020. When a permit issued pursuant to this part has expired and is not immediately renewed, any explosives in the possession of the permittee shall be subject to immediate seizure by any chief, issuing authority, or peace officer authorized to act under Section 12020, unless first destroyed by the permittee in accordance with Section 12087.
(Amended by Stats. 1970, Ch. 1425.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 8 - Confiscation › Section 12352.

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 seizure by the chief causing such suspension or revocation.
(Repealed and added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 8 - Confiscation › Section 12353.

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 from whom such explosives have been seized may within 10 days after such seizure petition the governing body of the area in which such seizure was made to return the explosives upon the ground that such explosives were illegally or erroneously seized. Any such petition so filed shall be considered by the governing body within 15 days after filing and an oral hearing shall be granted the petitioner if requested. Notice of the decision of the governing body shall be served upon the petitioner.
(Repealed and added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 8 - Confiscation › Section 12354.

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 the governing body is final unless within 60 days of the notice served pursuant to this chapter, an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the explosives seized by the chief.
(Repealed and added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 8 - Confiscation › Section 12355.

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 in the State of California within 60 days of the notice served pursuant to this chapter, the chief may dispose of the seized explosives in any manner which will not jeopardize public welfare and safety. When any explosive is disposed of pursuant to this section, the person from whom such disposed of explosives were seized shall not have any legal redress against the chief who caused the disposal of the explosives.
(Added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 9 - Penalties › Section 12400.

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 this part, or violates any regulation adopted by the State Fire Marshal pursuant to this part, is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than six months, or by both such fine and imprisonment.
(Repealed and added by Stats. 1967, Ch. 1497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 1 - HIGH EXPLOSIVES › CHAPTER 9 - Penalties › Section 12401.

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 Code, or in a county jail not exceeding one year, or by fine not exceeding ten thousand dollars ($10,000), or by both such fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 183. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12500.

12500. This part shall be known and may be cited as the State Fireworks Law.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12501.

12501. Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12502.

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 offering to sell or transfer fireworks or pyrotechnic devices, or to cause a person’s name or business name style to be included in any classified advertisement or directory for the purpose of the sale or transfer of fireworks or pyrotechnic devices.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12503.

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 areas by animals or birds through the employment of sound or light, or both.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12504.

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 Testing and Materials.
(Amended by Stats. 1978, Ch. 868.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12505.

12505. “Dangerous fireworks” includes all of the following:
(a)  Any fireworks which contain any of the following:
(1)  Arsenic sulfide, arsenates, or arsenites.
(2)  Boron.
(3)  Chlorates, except:
(A)  In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
(B)  In caps and party poppers.
(C)  In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate.
(4)  Gallates or Gallic acid.
(5)  Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).
(6)  Mercury salts.
(7)  Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).
(8)  Picrates or picric acid.
(9)  Thiocyanates.
(10)  Titanium, except in particle size greater than 100-mesh.
(11)  Zirconium.
(b)  Firecrackers.
(c)  Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
(d)  Roman candles, including all devices which discharge balls of fire into the air.
(e)  Chasers, including all devices which dart or travel about the surface of the ground during discharge.
(f)  Sparklers more than 10 inches in length or one-fourth of one inch in diameter.
(g)  All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.
(h)  Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.
(i)  Torpedoes of all kinds which explode on impact.
(j)  Fireworks kits.
(k)  Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
(Amended by Stats. 1977, Ch. 513.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12506.

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 safety to the user and does not create a fire hazard when used according to the label of instructions.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12507.

12507. “End fuse” means a fuse inserted into any fireworks or pyrotechnic device at the end as distinguished from the side of such item.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12508.

12508. “Exempt fireworks” means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12509.

12509. “Exporter” means any person who sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of this state.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12510.

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, or may become the cause of any obstruction, delay, or hindrance, to the prevention or extinguishment of fire.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12511.

12511. “Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment.
The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12512.

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 such material or explosive substance and when so assembled would come within the definition of fireworks in Section 12511.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12513.

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 state.
(b)  Procures the delivery or receives shipments of any fireworks into this state.
(c)  Buys or contracts to buy fireworks for shipment into this state.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12514.

12514. “Issuing authority” means any person who has the responsibility of evaluating the application for, and issuing, the permits required by Section 12640.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12516.

12516. “License” means any nontransferable authorization granted by the State Fire Marshal to engage in any activity regulated by this part.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12517.

12517. “Licensee” means any person 21 years of age or older holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570).
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12518.

12518. “Manufacturer” means any person who manufactures, makes, constructs, fabricates, or produces any fireworks or pyrotechnic devices, but does not include any person who assembles or fabricates any sets or mechanical pieces for public displays of fireworks, or persons operating within the scope of public display or pyrotechnic operator licenses.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12519.

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 rocket motor, and that conforms to the definition of “model rocket” in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal.
(Amended by Stats. 2015, Ch. 106, Sec. 1. (AB 467) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12520.

12520. “Model rocket motor” means a rocket propulsion device using commercially manufactured solid propellant, that does not require mixing by the user, and that conforms to the definition of “model rocket motor” in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal.
(Amended by Stats. 2015, Ch. 106, Sec. 2. (AB 467) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12521.

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.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12522.

12522. “Permit” means the nontransferable permission granted by the public agency having local jurisdiction to a licensee for the purposes of establishing and maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged, or used, or the nontransferable permission granted by the public agency having local jurisdiction or by the State Fire Marshal to a licensee for the purpose of transporting fireworks.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12523.

12523. “Person” means any person, copartnership, organization, firm, corporation, association, or any combination thereof, or any city, county, city and county, and state, and shall include any of their employees and authorized representatives.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12524.

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 dangerous fireworks.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12525.

12525. “Pyrotechnic compositions” means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere.
(Repealed and added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12526.

12526. “Pyrotechnic device” means any combination of materials, including pyrotechnic compositions, which, by the agency of fire, produce an audible, visual, mechanical or thermal effect designed and intended to be useful for industrial, agricultural, personal safety, or educational purposes.
The term “pyrotechnic device” includes, but is not limited to, agricultural and wildlife fireworks, model rockets, exempt fireworks, emergency signaling devices, and special effects.
(Repealed and added by Stats. 1973, Ch. 1109.)