1.1 	A bill for an act
1.2 	relating to public safety; regulating outdoor consumer fireworks displays by 
1.3 	individuals;proposing coding for new law in Minnesota Statutes, chapter 624.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. [624.215] CONSUMER FIREWORKS DISPLAYS BY INDIVIDUALS.
1.6 		Subdivision 1.Authorization. Sections 624.20 to 624.25 do not prohibit the 
1.7 	outdoor display of consumer fireworks by an individual holding a valid permit for an 
1.8 	outdoor consumer fireworks display from the municipality in which the display is to be 
1.9 	held. If the display is to be held outside the limits of an incorporated municipality, the 
1.10 	permit must be from the county in which the display is to be held.
1.11 		Subd. 2.Permit application. An application for a permit for an outdoor consumer 
1.12 	fireworks display by an individual must be made in writing to the municipal clerk at least 
1.13 	15 days in advance of the date of the display and must list the name of the operator and 
1.14 	the location of the display for which the permit was sought. The application must be 
1.15 	promptly referred to the chief of the fire department, who shall make an investigation to 
1.16 	determine whether the operator of the display is competent and whether the display is of 
1.17 	such a character and is to be so located, discharged, or fired that it will not be hazardous to 
1.18 	property or endanger any person. The fire chief must also determine whether the operator 
1.19 	must be certified by the state fire marshal pursuant to section 624.22. The fire chief shall 
1.20 	report the results of this investigation to the clerk. If the fire chief reports that in the chief's 
1.21 	opinion the operator is competent and does not need to be certified, and that the fireworks 
1.22 	display as planned will not be hazardous to property or endanger any person, the clerk 
1.23 	shall issue a permit for the display when the applicant pays a permit fee. If the fire chief 
1.24 	determines that operator certification is required, the operator must provide evidence of 
2.1 	certification to the clerk before a permit is issued. When the application for a permit under 
2.2 	this section is for an outdoor consumer fireworks display to be held outside the limits of an 
2.3 	incorporated municipality, the application must be made to the county auditor, and the 
2.4 	auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the 
2.5 	municipality. When an application is made to the auditor, the county sheriff shall perform 
2.6 	the duties imposed on the fire chief of the municipality by sections 624.20 to 624.25.
2.7 		Subd. 3.Permit limitations. After a permit has been granted under this section, 
2.8 	sales, possession, use, and distribution of consumer fireworks for a display are lawful for 
2.9 	that purpose only. A permit under this section is not transferable.
2.10 		Subd. 4.Definition. For purposes of this section, "consumer fireworks" has the 
2.11 	meaning given the term in Code of Federal Regulations, title 27, part 555.11, and formerly 
2.12 	known as Class C fireworks.

2.13 	Sec. 2. EFFECTIVE DATE.
 2.14 	Section 1 is effective the day following final enactment.