reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 3 - Insurance › Section 12611.

12611. The certificate of insurance shall provide all of the following:
(a)  That the insurer will not cancel the insured’s coverage without 15 days’ prior written notice to the State Fire Marshal.
(b)  That the duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an employee of the insured or as an independent contractor and the State of California, its officers, agents, employees, and servants are included as additional insureds, but only insofar as any operations under contract are concerned.
(c)  That the state shall not be responsible for any premium or assessments on the policy.
(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 4 - Reports › Section 12615.

12615. All licensees, except retailers, shall maintain and make available to the State Fire Marshal full and complete, true, and accurate records showing all production, imports, exports, purchases, sales, or other disposition or consumption of fireworks by kind and class whether dangerous, safe and sane, or 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 5 - Licenses › ARTICLE 4 - Reports › Section 12616.

12616. The licensees shall report any theft or loss of fireworks to the State Fire Marshal within 24 hours after the discovery of theft or loss. The report shall show the quantity, type and kind, classification of fireworks and the location where the loss occurred.
(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 4 - Reports › Section 12617.

12617. In the event of the theft or loss of any fireworks or pyrotechnic devices, the State Fire Marshal shall notify the fire authorities in the location where the theft or loss occurred and the fire authorities shall cooperate with the State Fire Marshal in conducting a joint investigation of the circumstances.
(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 4 - Reports › Section 12618.

12618. Each bill of lading, manifest, and invoice issued to cover the sale and shipment of fireworks shall bear the license number of both the seller or shipper and buyer or receiver.
(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 4 - Reports › Section 12619.

12619. All import and export licensees shall file a notice with the State Fire Marshal prior to the arrival of any class of fireworks subject to the license he holds. The notice shall state all of the following:
(a)  Estimated date of arrival.
(b)  Type, kind, and quantity of fireworks.
(c)  Name of carrier.
(d)  Point of origin and bill of lading number.
(e)  Name and address of consignee.
(f)  Load number or other identification carton marks.
(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 4 - Reports › Section 12620.

12620. In addition to the report required under this part, the State Fire Marshal may by regulation require such additional reports from licensees or permittees as are necessary to carry out the purposes of this part, and prescribe the form, including verification of the information to be given when filing such additional reports.
(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 5 - Fees › Section 12630.

12630. The State Fire Marshal shall establish and collect the original and annual renewal fees for fireworks licenses required by this chapter. The fees shall not exceed the amount necessary to cover the costs incurred in the administration and enforcement of this part.
(Repealed and added by Stats. 1983, Ch. 1313, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 5 - Fees › Section 12631.

12631. The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, agricultural and wildlife fireworks shall be established and collected by the State Fire Marshal.
(Amended by Stats. 1983, Ch. 1313, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 5 - Fees › Section 12632.

12632. The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket motors shall be established and collected by the State Fire Marshal.
(Amended by Stats. 2015, Ch. 106, Sec. 5. (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 5 - Fees › Section 12633.

12633. The original and annual renewal application for registration of each model of emergency signaling devices shall be made to the State Fire Marshal. A registration fee established and collected by the State Fire Marshal for each model of signaling device shall accompany each application.
(Amended by Stats. 1990, Ch. 233, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 5 - Fees › Section 12634.

12634. When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate license for the same person to manufacture, wholesale, import, or export agricultural and wildlife fireworks or model rocket motors pursuant to Section 12631 or 12632 shall not be required where the license allows the activity with respect to other fireworks.
(Amended by Stats. 2015, Ch. 106, Sec. 6. (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 5 - Fees › Section 12635.

12635. All of the moneys collected pursuant to this part shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section 13137 and shall be available, when appropriated by the Legislature, to the State Fire Marshal to carry out this part.
(Amended by Stats. 1992, Ch. 306, Sec. 1. Effective January 1, 1993. Operative July 1, 1993, by Sec. 6 of Ch. 306.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 5 - Fees › Section 12635.5.

12635.5. (a) A charter city, city, county, fire protection district, or city and county that adopts an ordinance or resolution pursuant to Section 12599 may, through adoption of an ordinance or resolution by the governing body, require each applicant receiving a permit to pay a fee to the charter city, city, county, fire protection district, or city and county of a pro rata portion of the actual and reasonable costs the charter city, city, county, fire protection district, or city and county incurs that is related to any of the following:
(1) Processing and issuing permits.
(2) Inspection of fireworks stands.
(3) Public education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks, and the dangers and risks posed by the use of illegal fireworks.
(4) Enforcing the provisions of the code of the charter city, city, county, fire protection district, or city and county with respect to the sale and use of safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris. “Extra personnel time” means employee or contracted employee time that the charter city, city, county, fire protection district, or city and county would not otherwise incur but for the sale and use of safe and sane fireworks.
(5) Fire operation and suppression efforts that are directly related to safe and sane fireworks.
(b) The pro rata share of the costs shall be specified in the ordinance or resolution and calculated using gross sales as shown on each permittee’s sales and use tax return for the applicable period. The pro rata share of costs shall not exceed 7 percent of the gross sales of the fireworks sold in the charter city, city, county, fire protection district, or city and county during the applicable period. A cost recovery ordinance or resolution in effect on or before January 1, 2024, may supersede this subdivision.
(Added by Stats. 2023, Ch. 368, Sec. 3. (AB 1403) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 5 - Licenses › ARTICLE 5 - Fees › Section 12636.

12636. Except as otherwise provided by law, the State Fire Marshal shall charge a fee in the amount of five dollars ($5) for each certified copy of any record, document, or paper in his custody, or for certification of any document representing the content of any such record, document, or paper.
(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 5 - Fees › Section 12637.

12637. All fireworks or pyrotechnic devices intended for sale in this state, which are products of nonlicensed manufacturers, shall be examined and classified by the State Fire Marshal upon written application on forms provided by him. Such application shall be accompanied by a fee as follows:
(a)  Ten dollars ($10) for each label of an item of identical size and design of a given lot or batch, provided that the lot or batch is identifiable by a code, serial number, shipment lot, case cargo number, etc.
A separate application and fee shall be submitted for each lot or batch. The State Fire Marshal seal and the wholesalers or importers registration number shall not be imprinted on the label until the lot or batch has been examined and classified.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12640.

12640. In any case in which this chapter requires that a permit be obtained from the State Fire Marshal, or in any case in which the public agency having local jurisdiction requires pursuant to this chapter that a permit be obtained, a licensee shall possess a valid permit before performing any of the following:
(a) Manufacturing, importing, exporting, storing, possessing, or selling dangerous fireworks at wholesale.
(b) Manufacturing, importing, exporting, storing, or selling at wholesale or retail safe and sane fireworks or transporting safe and sane fireworks, except that a transportation permit shall not be required for safe and sane fireworks possessed by retail licensees.
(c) Manufacturing, importing, exporting, possessing, storing, transporting, using, or selling at wholesale or retail, those fireworks classified by the State Fire Marshal as agricultural and wildlife fireworks.
(d) Manufacturing, importing, exporting, possessing, storing, or selling at wholesale or retail, model rocket motors.
(e) Discharging dangerous fireworks at any place, including a public display.
(f) Using special effects.
(Amended by Stats. 2016, Ch. 86, Sec. 182. (SB 1171) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12641.

12641. A permit, as provided in this part, shall not be required of any person to transport, purchase at retail, or use safe and sane fireworks, or to purchase at retail, use, or transport registered 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 6 - Permits › Section 12642.

12642. The effective period of the permit shall be defined in the permit and in no case shall the period of the permit exceed the valid period of the license. This section shall not prohibit the revocation of the permit by the issuing authority for just cause where a fire nuisance exists or where personal injury may occur.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12643.

12643. Any licensee desiring to do any act specified in Section 12640 shall first make written application for a permit to the chief of the fire department or the chief fire prevention officer of the city or county, or to such other issuing authority which may be designated by the governing body of the city or county. In the event there is no such officer or person appointed within the area, application shall be made to the State Fire Marshal or his deputy. Applications for permits shall be made in writing at least 10 days prior to the proposed act.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12644.

12644. The issuing authority shall not accept an application for a permit from any person who does not possess, and present at the time of application, evidence of a valid license to perform those acts specified on the application for the permit. When a license is not required for specific acts, the issuing authority may prescribe such reasonable conditions to qualify the applicant to receive a permit and provide for the public safety.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12645.

12645. The officer to whom the application for a permit is made shall undertake an investigation and submit a report of his findings and his recommendation concerning the issuance of the permit, together with his reasons therefor, to the governing body of the city or county. The applicant for a permit to conduct a public display shall file a certificate evidencing the possession of a valid public display license with the officer making the investigation.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12646.

12646. The governing body may grant or deny the permit, subject to such reasonable conditions, if any, as it shall prescribe.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12647.

12647. The governing body may delegate the power to grant or deny the permit to the issuing authority to whom the application is made. In such case, the governing body shall also provide for a hearing by the governing body by which an applicant may appeal a denial of the permit. The governing body may, after such a hearing, reverse, modify, or sustain the denial.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12648.

12648. The officer to whom the application for a permit for a public display of fireworks is made shall make an investigation to determine whether such a display as proposed will be of such character or so located that it may be hazardous to property or dangerous to any person. He shall, in the exercise of reasonable discretion, recommend granting or denying the permit, subject to such conditions as he may prescribe.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12649.

12649. The applicant for a permit for any public display of fireworks shall, at the time of application, submit his license for inspection and furnish proof that he carries compensation insurance for his employees as provided by the laws of 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 6 - Permits › Section 12650.

12650. When a permit for the public display of fireworks is granted, the sale, possession, transportation, and use of fireworks for the public display is lawful for that purpose only. The permit to hold a public display shall authorize the transportation of public display fireworks between the approved routes, as specified in Section 12651, and the public display site.
(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 6 - Permits › Section 12651.

12651. Any person holding a valid license for the manufacture, wholesale, or import and export of dangerous fireworks or pyrotechnic devices may transport any class of fireworks or pyrotechnic devices authorized by such license. Persons holding a special effects pyrotechnic operators license may transport special effects fireworks, but the transportation of fireworks by all other pyrotechnic operator licensees shall not be permitted. The authority granted to the licensee to transport fireworks is limited to traveling upon the approved routes for the transportation of explosives designated as provided in Section 31616 of the Vehicle Code. The licensee shall also comply with Section 27903 of the Vehicle Code and equip and maintain any vehicle used to transport fireworks as required by Section 31610 of the Vehicle Code. It is the intent of the Legislature by this section to require the maximum use of the approved routes in the delivery of fireworks to the point of destination.
(Amended by Stats. 1986, Ch. 248, Sec. 146.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 6 - Permits › Section 12652.

12652. When traveling between the approved routes, as specified in Section 12651, and the point of destination the licensee shall possess a transportation permit from the local fire authority having jurisdiction over the boundaries in which the off-route travel occurs. A transportation permit is not required for public display fireworks as provided in Section 12650.
(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 6 - Permits › Section 12653.

12653. The application for a transportation permit shall be submitted to the State Fire Marshal for the transportation of any quantity of fireworks where such transportation is outside the boundaries of the issuing authority having jurisdiction at the point of origin or such shipment originates within this state and is transported out of this state. The application for a transportation permit as required by this section shall be approved by the issuing authority having jurisdiction at the place where the shipment originates before the State Fire Marshal shall issue such transportation permit. No further permits shall be required by issuing authorities other than the authority at the point of origin where the State Fire Marshal has issued a permit pursuant to 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 6 - Permits › Section 12654.

12654. A transportation permit shall not be required by this part for public carriers or private carriers who each hold a valid license or permit issued pursuant to the provisions of Division 14 (commencing with Section 31600) of the Vehicle Code or Division 11 (commencing with Section 12000) of the Health and Safety Code.
(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 7 - Violations › Section 12670.

12670. It is unlawful for any person to advertise that he is in any business or venture involving fireworks or pyrotechnic devices or shall cause his name or business name style to be included in any classified advertisement or directory under a classification which includes the word fireworks, unless he is licensed pursuant to 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 7 - Violations › Section 12671.

12671. It is unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless the State Fire Marshal has classified and registered such 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 7 - Violations › Section 12672.

12672. It is unlawful for any person to sell, or offer for sale, safe and sane fireworks at any time outside of the period specified in Section 12599.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12673.

12673. It is unlawful for any person to store any fireworks without having in his possession a valid permit as required by 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 7 - Violations › Section 12674.

12674. It is unlawful for any person to store or possess any fireworks for which a license is required and which has been revoked or surrendered or any license which has not been renewed and such storage or possession is held beyond the period provided for in Section 12604.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12675.

12675. It is unlawful for any person to fail to record on each bill of lading, manifest or invoice issued to cover the sale or shipment of fireworks, the license number of both the seller or shipper and the buyer or receiver, unless the sale or shipment is made to nonlicensees in accordance with the provisions of his 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 7 - Violations › Section 12676.

12676. It is unlawful for any person to sell, transfer, give, deliver, or otherwise convey title of any dangerous fireworks, including fireworks kits, to any person in this state who does not possess and present to the seller or donor for inspection at the time of transfer, a valid permit to receive, use, or transport dangerous fireworks as provided in 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 7 - Violations › Section 12678.

12678. It is unlawful for any person to use or discharge agricultural and wildlife fireworks without first securing a permit as provided in this part.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12679.

12679. It is unlawful for any person to store, sell, or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other flammable liquids are stored or dispensed.
(Amended by Stats. 1978, Ch. 868.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12680.

12680. (a)  Except as provided in subdivision (b) or (c), it is unlawful for any person to place, throw, discharge or ignite, or fire dangerous fireworks at or near any person or group of persons where there is a likelihood of injury to that person or group of persons or when the person willfully places, throws, discharges, ignites, or fires the fireworks with the intent of creating chaos, fear, or panic.
(b)  Subdivision (a) does not apply to a person described in Section 12517 who uses special effects. For purposes of this subdivision, “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, educational, recreational, or entertainment purposes when authorized by the authority having jurisdiction.
(c)  Subdivision (a) does not apply to a person holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570).
(Amended by Stats. 2000, Ch. 274, Sec. 1. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12681.

12681. It is unlawful for any person to sell or transfer any safe and sane fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit has been issued.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12682.

12682. It is unlawful for any person to allow or permit a fire nuisance, as defined in Section 12510, to exist on any premises where any fireworks are manufactured, sold, assembled, discharged, packaged, stored, or distributed. The authority to determine that a fire nuisance exists shall be vested in those officers identified in Section 12721.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12683.

12683. It is unlawful for any person to sell, use, or discharge any emergency signaling device not registered 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 7 - Violations › Section 12684.

12684. It is unlawful for any person to use or discharge any registered emergency signaling device in any manner other than that permitted by the instructions for use.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12686.

12686. It is unlawful for any person to use any special effects fireworks unless he possesses a pyrotechnic operator 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 7 - Violations › Section 12687.

12687. It is unlawful for any person to sell, transfer, give, or deliver any special effects fireworks to any person not licensed as a pyrotechnic operator.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12688.

12688. It is unlawful for a person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket motors, unless he or she possesses a valid license or permit.
(Amended by Stats. 2015, Ch. 106, Sec. 8. (AB 467) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12689.

12689. (a)  It is unlawful for any person to sell, give, or deliver any dangerous fireworks to any person under 18 years of age.
(b)  It is unlawful for any person who is a retailer to sell or transfer any safe and sane fireworks to a person who is under 16 years of age.
(c)  Except as otherwise provided in subdivision (d), it is unlawful for any person who is a retailer to sell or transfer to a person under the age of 18 any rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material whether or not the device is designed for emergency or distance signaling purposes. It is also unlawful for a minor to possess such a device unless he or she has the written permission of, or is accompanied by, his or her parent or guardian while it is in his or her possession.
(d)  Model rocket products including model rockets, launch systems, and model rocket motors designed, sold, and used for the purpose of propelling recoverable model rockets may be sold or transferred pursuant to regulations, adopted by the State Fire Marshal which the Fire Marshal determines are reasonably necessary to carry out the requirements of this part.
(Amended by Stats. 1983, Ch. 56, Sec. 1. Effective May 31, 1983.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12690.

12690. It is unlawful for any person to perform any act, or transact or attempt to transact any business, with an expired license or an expired permit where a license or permit is required for the performance of such act or transaction.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 7 - Violations › Section 12691.

12691. It is unlawful for any person to violate any provision of any regulation adopted by the State Fire Marshal pursuant to 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 7 - Violations › Section 12692.

12692. This chapter shall not prohibit the operations or functions of a licensed pyrotechnic operator holding a special effects license when the operations or functions are a necessary part of the production and are performed pursuant to a valid permit issued by the authority having jurisdiction.
(Amended by Stats. 1990, Ch. 233, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 8 - Penalties › Section 12700.

12700. (a) Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or by both that fine and imprisonment.
(b) A person who violates any provision of this part, or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:
(1) A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year or by both that fine and imprisonment.
(2) A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(3) A person who possesses a gross weight, including packaging, of not less than 100 pounds or more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(4) A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a county jail for not more than one year, or by a fine of not less than twenty thousand dollars ($20,000) or more than one hundred thousand dollars ($100,000), or by both that fine and imprisonment.
(c) Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.
(Amended by Stats. 2023, Ch. 368, Sec. 4. (AB 1403) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 8 - Penalties › Section 12701.

12701. A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of this part, or any order or regulation issued pursuant to this part.
(Amended by Stats. 2006, Ch. 538, Sec. 371. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 8 - Penalties › Section 12702.

12702. Notwithstanding Section 12700:
(a)  A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700.
(b)  Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of ten thousand dollars ($10,000), or by imprisonment in a county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.
(Amended by Stats. 2023, Ch. 368, Sec. 5. (AB 1403) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 8 - Penalties › Section 12703.

12703. (a) The State Fire Marshal shall, in conjunction with the Department of Motor Vehicles, develop regulations and procedures to temporarily suspend the commercial motor vehicle license of a person who is operating a commercial motor vehicle while transporting unaltered dangerous fireworks, as defined in Section 12505, having a gross weight, including packaging, of 10,000 pounds or more.
(b) A driver of a commercial motor vehicle shall not operate a commercial motor vehicle for three years if the driver is convicted of transporting unaltered dangerous fireworks, as defined in Section 12505, having a gross weight, including packaging, of 10,000 pounds or more, as described in Section 15301 of the Vehicle Code.
(c) This section shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.
(Added by Stats. 2007, Ch. 563, Sec. 7. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 8 - Penalties › Section 12704.

12704. The State Fire Marshal, at least once a year and in consultation with the Attorney General, shall serve notice to any individual or business known to supply fireworks that any unauthorized shipments of fireworks into California will result in an immediate report to federal authorities with a request for any relevant federal prosecution.
(Added by Stats. 2007, Ch. 563, Sec. 8. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 8 - Penalties › Section 12706.

12706. Notwithstanding Section 1463 of the Penal Code, all fines and forfeitures imposed by or collected in any court of this state, except for administrative fines described in Section 12557, as a result of citations issued by a public safety agency, for any violation of subdivision (b) of Section 12700 or of any regulation adopted pursuant to subdivision (b) of Section 12700, shall be deposited, as soon as practicable after the receipt of the fine or forfeiture, with the county treasurer of the county in which the court is situated. Amounts deposited pursuant to this section shall be paid at least once a month as follows:
(a) Sixty-five percent to the Treasurer, by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court, for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Section 12728, on order of the Controller. At the time of the transmittal, the county auditor shall forward to the Controller, on the form or forms prescribed by the Controller, a record of the imposition, collection, and payments of the fines or forfeitures.
(b) Thirty-five percent to the local public safety agency in the county in which the offense was committed to reimburse the local public safety agency for expenses, including, but not limited to, the costs for handling, processing, photographing, and storing seized dangerous fireworks.
(Added by Stats. 2007, Ch. 563, Sec. 9. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 9 - Remedies › Section 12720.

12720. Any threatened violation of any provision of this part or of any order or regulation of the State Fire Marshal issued pursuant to this part may be enjoined in a civil action brought in the name of the people of the State of California. Such actions may be instituted by the Attorney General or the district attorney of the county in which the act, practice, or transaction is about to be committed.
(Added by Stats. 1973, Ch. 1109.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 9 - Remedies › Section 12721.

12721. The State Fire Marshal, his or her salaried deputies, or any chief of a fire department, or his or her authorized representatives, any fire protection agency, or any other public agency authorized by statute to enforce the State Fire Marshal’s regulations, may seize any fireworks described in this part. The State Fire Marshal, any chief of a fire department, any fire protection agency, or any other public agency authorized to enforce the State Fire Marshal’s regulations may charge any person, firm, or corporation, whose fireworks are seized pursuant to this section, an amount which is sufficient to cover the cost of transporting, storing, and handling the seized fireworks. When the State Fire Marshal, other enforcing officer or agency described in this section, or a court determines that a person's, firm's, or corporation’s fireworks are illegally or erroneously seized, or if legal proceedings do not result in a conviction for violation of any provision of this part, any funds collected pursuant to this section shall be refunded, or if charged but unpaid, canceled.
(Amended by Stats. 1984, Ch. 681, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 9 - Remedies › Section 12722.

12722. The following fireworks may be seized pursuant to Section 12721:
(a) Those fireworks that are sold, offered for sale, possessed, stored, used, or transported within this state prior to having been examined, classified, and registered by the State Fire Marshal, except those specific items designated as samples pending examination, classification, and registration by the State Fire Marshal where the licensee provides documentary evidence that the action by the State Fire Marshal is pending.
(b) All imported fireworks possessed without benefit of the filing of notices as required by this part.
(c) Safe and sane fireworks stored in violation of the conditions required by the permit as provided in this part.
(d) Safe and sane fireworks sold or offered for sale at retail that do not bear the State Fire Marshal label of registration and firing instructions.
(e) Safe and sane fireworks sold or offered for sale at retail that are in unsealed packages or containers that do not bear the State Fire Marshal label of registration and firing instructions.
(f) Safe and sane fireworks sold or offered for sale at retail before 12 noon on the 28th day of June or after 12 noon on the sixth day of July of each year.
(g) Each safe and sane fireworks item sold or offered for sale at retail that does not have its fuse or other igniting device protected by a cap approved by the State Fire Marshal, or groups of fireworks with exposed fuses that are not enclosed in sealed packages that bear the State Fire Marshal label of registration. The State Fire Marshal shall approve the caps as he or she determines provide reasonable protection from unintentional ignition of the fireworks.
(h) Dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by a person who does not possess a valid permit authorizing an activity listed in this part.
(i) Fireworks stored or sold in a public garage or public oil station, or on any premises where gasoline or any other class 1 flammable liquids are stored or dispensed.
(j) Fireworks still possessed by a person who has just thrown any ignited fireworks at a person or group of persons.
(k) Model rocket motors or model rockets with motors possessed by a person who does not hold a valid permit.
(l) An emergency signaling device sold, offered for sale, or used that does not bear the State Fire Marshal label of registration as required by this part.
(m) Fireworks or pyrotechnic device offered for sale by a person violating this part.
(Amended by Stats. 2015, Ch. 106, Sec. 9. (AB 467) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 9 - Remedies › Section 12723.

12723. (a) The authority seizing fireworks under the provisions of this chapter shall notify the State Fire Marshal not more than three days following the date of seizure and shall state the reason for the seizure and the quantity, type, and location of the fireworks. Fireworks, with the exception of dangerous fireworks, seized pursuant to Section 12721 shall be disposed of by the State Fire Marshal in the manner prescribed by the State Fire Marshal at any time subsequent to 60 days from the seizure or 10 days from the final termination of proceedings under the provisions of Section 12593 or 12724, whichever is later. Dangerous fireworks shall be disposed of according to procedures in Sections 12724 and 12726. Fireworks seized by any authority as defined in this chapter, other than the State Fire Marshal or his or her salaried assistants, shall be held in trust for the State Fire Marshal by that authority.
(b) This section shall become operative on January 1, 2016.
(Repealed (in Sec. 9) and added by Stats. 2015, Ch. 24, Sec. 10. (SB 83) Effective June 24, 2015. Section operative January 1, 2016, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 9 - Remedies › Section 12724.

12724. (a) Any person whose fireworks are seized under the provisions of this chapter may, within 10 days after seizure, petition the State Fire Marshal to return the fireworks seized upon the ground that the fireworks were illegally or erroneously seized. Any petition filed pursuant to this section shall be considered by the State Fire Marshal within 15 days after filing or after a hearing granted to the petitioner, if requested. The State Fire Marshal shall advise the petitioner of his or her decision in writing. The determination of the State Fire Marshal is final unless within 60 days after seizure an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the fireworks seized pursuant to this part, except as provided in subdivision (b).
(b)  The determination of the State Fire Marshal is final in the case of the seizure of dangerous fireworks, unless within 20 days after the notice of the determination is mailed to the petitioner an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the fireworks seized pursuant to this part.
(Amended by Stats. 1985, Ch. 629, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 11 - EXPLOSIVES › PART 2 - FIREWORKS AND PYROTECHNIC DEVICES › CHAPTER 9 - Remedies › Section 12725.

12725. The State Fire Marshal, his salaried deputies, or any chief or his authorized representatives as qualified in this chapter may prevent, stop, or cause to be stopped, any public display in progress, or any proposed public display, when the location, discharge, or firing of such public display is determined by him to be hazardous to property or dangerous to the public.
(Added by Stats. 1973, Ch. 1109.)