reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12527.

12527. “Pyrotechnic operator” means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.
(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 12528.

12528. “Retailer” means any person who, at a fixed place of business, sells, transfers, or gives fireworks to a consumer or user.
(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 12529.

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 examined and tested by the State Fire Marshal and determined by the State Fire Marshal that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as set forth in Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations, as it reads on July 1, 2023.
(Amended by Stats. 2023, Ch. 368, Sec. 1. (AB 1403) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 1 - General Provisions and Definitions › Section 12530.

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 permittee.
(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 12531.

12531. “Sell” means any arrangement between two or more persons as a result of which there is a transfer of property for a consideration.
(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 12532.

12532. “Special effects” means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which may or may not be presented before live audiences and any other articles containing any pyrotechnic composition used for commercial, industrial, education, recreation, or entertainment purposes when authorized by the authority having jurisdiction.
(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 12533.

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 person for resale. It also includes any person who sells dangerous fireworks to public display permittees.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 2 - Exceptions › Section 12540.

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) Arms and handguns defined as firearms by the Federal Gun Control Act of 1968, as well as such devices and weapons classified under Section 16460 of the Penal Code or any provision listed in Section 16590 of the Penal Code, including blank cartridge pistols of the type used at sporting events or theatrical productions.
(c) Research or experiments with rockets or missiles or the production or transportation of rockets or missiles by the Department of Defense of the United States, or by any agency or organization acting pursuant to a contract with the Department of Defense for the development and production of rockets or missiles.
(d) Paper caps which contain less than 0.25 grain of pyrotechnic composition per unit load.
(Amended by Stats. 2010, Ch. 178, Sec. 39. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 2 - Exceptions › Section 12541.

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 otherwise prohibited or regulated by law or ordinance.
(Amended by Stats. 1984, Ch. 202, Sec. 1. Effective June 19, 1984. Pursuant to Sec. 2 of Ch. 202, Section 12541.1 prevails in case of conflict.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 2 - Exceptions › Section 12541.1.

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 sale, use, or discharge of fireworks within that special district.
(b)  If the county or city in which any area of the special district is located has adopted an ordinance or regulation to prohibit or regulate the sale, use, or discharge of fireworks within that county or city, the ordinance or regulation adopted by the county or city shall prevail over the ordinance or regulation adopted by the special district within any area of the special district which is within that county or city, and only the ordinance or regulation adopted by the county or city shall be operative in that area of the special district.
(c)  If any area of a special district encompasses lands which are a state responsibility area, as defined in Sections 4125 and 4126 of the Public Resources Code, any regulation or prohibition of the state with respect to the sale, use, or discharge of fireworks within the state responsibility area shall prevail over any ordinance or regulation of the special district within that area.
(Added by Stats. 1984, Ch. 262, Sec. 1. Effective June 29, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 3 - Administration › Section 12551.

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 Budget Act.
(Amended by Stats. 2007, Ch. 563, Sec. 1. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 3 - Administration › Section 12552.

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 provisions of this part. These regulations shall include, but are not limited to, provisions for the following:
(a)  Granting of licenses and permits for the manufacture, wholesale, import, export, and sale of all classes of fireworks.
(b)  Classification of fireworks and pyrotechnic devices.
(c)  Registration of employees of licensees.
(d)  Licenses and permits required for presentation of public displays.
(e)  Granting of licenses and permits for research or experimentation with experimental or model rockets and missiles.
(f)  Investigation, examination, and licensing of pyrotechnic operators of all classes.
(g)  Registration of emergency signaling devices and the classification and use of exempt fireworks.
(h)  Transportation of all classifications of fireworks, model rockets, emergency signaling devices, and exempt fireworks.
(Amended by Stats. 2007, Ch. 563, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 3 - Administration › Section 12553.

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 to January 1, 1974 and for the regulation of such fireworks in accordance with the provisions 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 3 - Administration › Section 12554.

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 regulations of the State Fire Marshal until amended or repealed pursuant to the provisions 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 3 - Administration › Section 12555.

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 visit and inspect any building or other premises subject to the control of, or used by, the licensee or permittee for any purpose related to fireworks of any licensee or permittee at any time he may deem necessary for the purpose of enforcing the provisions 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 3 - Administration › Section 12556.

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 capture more detailed data relating to fires, damages, and injuries caused by both dangerous fireworks and safe and sane fireworks. These evaluation methods shall include a cost analysis related to capturing and reporting the data and shall meet or exceed the specificity, detail, and reliability of the data captured under the former California Fire Incident Reporting System (CFIRS). The State Fire Marshal shall furnish a copy of these evaluation methods to any interested person upon request.
(b) On or before January 1, 2025, the State Fire Marshal shall collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of both dangerous illegal fireworks and safe and sane fireworks. The State Fire Marshal shall collect data pursuant to a methodology developed in consultation with the State Fire Marshal’s General Fireworks Advisory Committee.
(c) (1) On or before January 1, 2025, the State Fire Marshal shall provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding all the following:
(A) The seizure, collection, transportation, and storage of seized fireworks.
(B) The enforcement of statewide programs concerning illegal and dangerous fireworks.
(C) Prosecution related to seized fireworks.
(D) Investigations of illegal and dangerous fireworks.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
(Amended by Stats. 2023, Ch. 368, Sec. 2. (AB 1403) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 3 - Administration › Section 12557.

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 develop a model ordinance that permits local jurisdictions to adopt a streamlined enforcement and administrative fine procedures related to the possession of 25 pounds or less of dangerous fireworks. These procedures shall be limited to civil fines and as authorized pursuant to Section 53069.4 of the Government Code, and provide that the fines collected pursuant to this section shall not be subject to Section 12706. The model ordinance shall include provisions for reimbursing the Office of the State Fire Marshal for the costs associated with the disposal of seized fireworks and collecting these disposal costs as part of an administrative fine as described in subdivision (c).
(b) An ordinance of a local jurisdiction in effect on or after January 1, 2008, that is related to dangerous fireworks and is not the model ordinance described in subdivision (a) shall, as soon as practicable, comply with all of the following:
(1) The ordinance shall be amended or adopted to include provisions for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs as part of an administrative fine as described in subdivision (c).
(2) The ordinance shall be amended or adopted to provide that the ordinance shall be limited to a person who possesses or the seizure of 25 pounds or less of dangerous fireworks.
(3) The ordinance shall be amended or adopted to provide that the fines collected pursuant to the ordinance shall not be subject to Section 12706.
(c) The State Fire Marshal shall, in consultation with local jurisdictions, develop regulations to specify a procedure on how to cover the cost to the Office of the State Fire Marshal for the transportation and disposal of dangerous fireworks that are seized by local jurisdictions. The regulations shall include, but are not limited to, all of the following:
(1) A cost recovery procedure to collect, as part of an administrative fine, the actual cost for transportation and disposal of dangerous fireworks from any person who violates a local ordinance related to dangerous fireworks.
(2) The method by which the actual cost for transportation and disposal by the Office of the State Fire Marshal will be calculated.
(3) The method, manner, and procedure the local jurisdiction is required to follow to forward the amounts collected pursuant to paragraph (1) to the State Fire Marshal.
(Added by Stats. 2007, Ch. 563, Sec. 4. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 3 - Administration › Section 12558.

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 inspect any building or other premises subject to the control of or used by the licensee or permittee for any purpose related to fireworks at any time for the purpose of enforcing the provisions of this part.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12560.

12560. The State Fire Marshal shall classify all fireworks and pyrotechnic devices in accordance with the provisions of this chapter. No fireworks or pyrotechnic devices shall be imported, sold, or offered for sale prior to the examination and classification by the State Fire Marshal.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12561.

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 classified as dangerous fireworks.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12562.

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 classified as safe and sane fireworks.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12563.

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 shall be classified as agricultural and wildlife fireworks.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12564.

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 as exempt fireworks.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12565.

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 definition of “model rocket” or “model rocket motor” in Section 12519 or 12520, respectively, shall be classified as model rocket motors.
(Amended by Stats. 2015, Ch. 106, Sec. 3. (AB 467) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12566.

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 shall be classified by the State Fire Marshal as emergency signaling devices.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12567.

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 and sane fireworks until 12 noon on July 6, 1974. All fireworks previously designated as safe and sane which are offered for sale or sold during the 1974 retail license year and thereafter shall bear the State Fire Marshal label with the classification of safe and sane fireworks.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12568.

12568. The manufacturer, importer, or wholesaler shall stamp or label each case or carton of dangerous fireworks offered for sale, sold, consigned, or delivered within the state for sale or use within this state as dangerous fireworks. Each package of safe and sane fireworks shall be marked as safe and sane fireworks and shall bear the State Fire Marshal’s classification label and licensee’s registration number.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 4 - Classification of Fireworks and Pyrotechnic Devices › Section 12569.

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 State Fire Marshal shall be submitted by manufacturers, wholesalers, and importers and exporters holding a valid license only.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12570.

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 part.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12571.

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 in California only and the sale to special effects pyrotechnic operators of materials and devices for which such pyrotechnic operators hold a valid permit.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12572.

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 public display operators, and other licensed wholesalers in California only and sale to special effects pyrotechnic operators holding a valid permit and sale of exempt fireworks to those industrial and commercial concerns that possess a valid permit from the local agency having jurisdiction in the area where such fireworks are to be used or stored.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12573.

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 fireworks to licensed wholesalers and licensed manufacturers only. Export activity shall be limited to the sale of fireworks to persons outside of the state. Holders of this type of license shall not be issued or possess a public display license of any type without first securing a wholesaler’s license. This section shall not require a license for a motion picture production company to transport or deliver special effects from within the state to a destination outside the state.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12574.

12574. A retail sales license allows the retail sale of safe and sane fireworks for private use.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12575.

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.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12576.

12576. A public display license (general) allows the holding and conducting of public displays of dangerous fireworks at various locations and at various times.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12577.

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 executed at one or more performances or exhibitions.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12578.

12578. The State Fire Marshal shall adopt regulations that identify and specify the scope of each class of pyrotechnic operator license. A pyrotechnic operator license shall allow the licensee to handle, supervise, or discharge dangerous fireworks at public displays of all types, and to handle, supervise, or discharge rockets and special effects pyrotechnic devices which produce an audible or visual effect in connection with group entertainment or motion picture productions which may or may not be held before live audiences.
(Amended by Stats. 1990, Ch. 233, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 1 - Types of Licenses › Section 12579.

12579. All licensees may transport the class of fireworks for which they hold a valid license as provided in Section 12651.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12580.

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.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12581.

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 forms provided by him. Such application shall be accompanied by the annual license fee as prescribed in this chapter.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12582.

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 partnership. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the corporation’s seal.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12583.

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 registered with the State Fire Marshal. The sales personnel and other employees of licensed retailers, however, need not be registered with the State Fire Marshal. No person under the age of 18 shall sell, or handle for sale, any classification of fireworks.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12585.

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 that it is in the best interest of public safety or the administration of this part.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12586.

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 order of the State Fire Marshal or by a court of law, or its surrender to the State Fire Marshal shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the State Fire Marshal of his authority to institute or continue disciplinary action against the licensee upon any ground provided by law, or to enter an order suspending or revoking a license or otherwise taking disciplinary action against the licensee on any such ground.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12587.

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 protection district or their authorized representatives, disclosing that the applicant for a license or for renewal of a license does not meet, or the premises for which the license is required do not meet, the qualifications or conditions for such license as required by this part or regulations adopted pursuant to this part, may constitute grounds for denial of any application for the license or renewal of the license.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12588.

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, the State Fire Marshal has denied or revoked a license after proceedings conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code for the same applicant on the ground of violation of this part.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12589.

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 examination and the applicant fails to appear or fails to submit a written statement of just cause for not appearing.
(b)  The applicant fails to achieve a passing score on a required examination. A minimum qualifying score shall be established by regulations pursuant to this part.
(c)  The applicant has not submitted documentary evidence of his qualifications as required by regulations adopted pursuant to this part.
(d)  The applicant has failed to submit evidence of insurability as required by this part.
(e)  The applicant withdraws his application prior to an investigation by the State Fire Marshal to determine if the license shall be issued.
(f)  The license is denied after a hearing is conducted as provided by this part.
(g)  The applicant has made misrepresentations or filed false statements.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12590.

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 occurred:
(a)  The licensee has failed to pay the annual renewal license fee provided in this chapter.
(b)  The licensee or license applicant has violated any provisions of this part or any regulations adopted by the State Fire Marshal pursuant to this part.
(c)  The licensee or license applicant has created or caused a fire nuisance.
(d)  The licensee has failed to keep full, complete, and accurate records or failed to file any required reports.
(e)  Any fact or condition exists which, if it had existed at the time of the original application for the license reasonably would have warranted the State Fire Marshal in refusing originally to issue the license.
(f)  The permit issued under Section 12640 has been rescinded or revoked by the issuing authority.
(g)  Any licensee or license applicant has refused to make available to the State Fire Marshal full, complete, and accurate records.
(Amended by Stats. 1985, Ch. 622, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12591.

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 provisions of this part.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12592.

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 accordance with the provisions of this part.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12593.

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 Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12594.

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 are filed with, or paid to, the State Fire Marshal, or, if sent by mail, on the date shown by the United States postmark on the envelope containing the report or payment.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12595.

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 ending June 30 of the following year, or for the remaining portion of such fiscal year if the license is issued after the beginning of that fiscal year.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12596.

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.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12597.

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 following license year. The license renewal period shall begin on January 1 and end May 1 preceding the license year for which renewal is requested. A penalty of 50 percent of the basic license fee shall be assessed in all cases where the renewal fees are not paid on or before May 1, preceding the license year for which renewal is requested. This section shall not apply to retail sales licenses.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12598.

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 the license expires.
(Amended by Stats. 1985, Ch. 622, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12599.

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 noon on the 6th of July of the same calendar year and such license shall expire at the end of such period. No retail license shall be issued for the license period defined in this section unless the application for such license is received by the State Fire Marshal on or before June 15 preceding the license period. A new retail sales license shall be required annually for the period specified in this section.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12600.

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 not be transferable.
(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 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12601.

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 30 of each year.
(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 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12602.

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 devices.
(Amended by Stats. 2015, Ch. 106, Sec. 4. (AB 467) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12603.

12603. No person or employee holding a pyrotechnic license shall be required to obtain a manufacturer’s license to design, assemble, compound, use, discharge, fabricate, construct, or erect any fireworks of any class or any combination thereof when such person or employee of such person is engaged in the business of producing television, motion picture, theater, or opera productions if the fireworks are for a specific use in a particular production or are used to maintain a reasonable inventory of special effects by a special effects independent contractor.
(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 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12604.

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 for which a license is required may sell or otherwise dispose of such fireworks only under supervision of the State Fire Marshal and in such a manner as he shall provide by regulations and solely to persons who are authorized to buy, possess, sell, or use such fireworks. Such disposal shall be accomplished not later than 90 days from the legal revocation, voluntary surrender, or day that the license expires. Any person possessing fireworks pursuant to this section shall report the disposition of such fireworks to the local authority who issued the storage permit within the time period specified by this section.
(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 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12605.

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 an examination for any license for a period of one year from the date of any conviction. The State Fire Marshal may waive the provisions of this section when he finds the granting of a license will not endanger public safety.
(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 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12606.

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 denial of a license shall be filed with the State Fire Marshal within three years of the alleged act or omission.
(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 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12606.1.

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 licensed under this chapter to pay a monetary penalty to the State Fire Marshal in lieu of an actual license suspension, the State Fire Marshal or his or her designee may stay the execution of all or part of the suspension if all of the following conditions are met:
(1) The violation that is the cause for the suspension did not pose, or have the potential to pose, a significant threat or risk of harm to the public.
(2) The licensee pays a monetary penalty.
(3) The licensee does not incur any other cause for disciplinary action within a period of time specified by the State Fire Marshal or his or her designee.
In making the determination, the State Fire Marshal or his or her designee shall consider the seriousness of the violation, the violator’s record of compliance with the law, the impact of the determination on the licensee, the licensee’s employees or customers, and other relevant factors.
(b) The State Fire Marshal or his or her designee may exercise the discretion granted under this section either with respect to a suspension ordered by a decision after a contested hearing on an accusation against the licensee or by stipulation with the licensee after the filing of an accusation, but prior to the rendering of a decision based upon the accusation. In either case, the terms and conditions of the disciplinary action against the licensee shall be made part of a formal decision of the State Fire Marshal or his or her designee.
(c) If a licensee fails to pay the monetary penalty in accordance with the terms and conditions of the decision of the State Fire Marshal or his or her designee, the State Fire Marshal or his or her designee may, without a hearing, order the immediate execution of all or any part of the stayed suspension in which event the licensee shall not be entitled to any repayment nor credit, prorated or otherwise, for money paid to the State Fire Marshal under the terms of the decision.
(d) The amount of the monetary penalty payable under this section shall not exceed two hundred fifty dollars ($250) for each day of suspension stayed nor a total of ten thousand dollars ($10,000) per decision regardless of the number of days of suspension stayed under the decision.
(e) Any monetary penalty received pursuant to this section shall be deposited in the State Fire Marshal Licensing and Certification Fund.
(f) On or before March 1 of each year, the State Fire Marshal shall make available to the public data showing the percentage of enforcement actions taken that resulted in license suspension or the assessment of monetary penalties pursuant to this section.
(Added by Stats. 2010, Ch. 161, Sec. 1. (AB 1773) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12607.

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 felony involving explosives or dangerous fireworks or who has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offense contained in Chapter 1 (commencing with Section 447a) of Title 13 of Part 1 of the Penal Code.
(Amended by Stats. 1979, Ch. 626.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 2 - Issuance, Revocation and Renewal › Section 12608.

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 convicted of a felony.
(Amended by Stats. 1979, Ch. 626.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 3 - Insurance › Section 12610.

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 limited public display, any person, firm, or corporation applying for a public display license shall furnish to the State Fire Marshal a policy of public liability and property damage insurance, with limits, as determined by the State Fire Marshal, which are reasonably necessary to cover possible liability for damage to property and bodily injury or damage to persons which may result from, or be caused by, the public display of fireworks, or any negligence on the part of the licensee or his or her or its agents, servants, employees, or subcontractors presenting the public display.
(Amended by Stats. 1985, Ch. 622, Sec. 3. Became operative upon adoption of regulations, as prescribed by Sec. 4 of Ch. 622.)