H 4025 General Bill, By Law and Merrill
 A BILL TO AMEND CHAPTER 56, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE STATE BOARD OF PYROTECHNIC REGULATION, SO AS TO ENACT THE
 SOUTH CAROLINA PYROTECHNIC LICENSING AND SAFETY ACT TO PROVIDE FOR THE
 LICENSURE AND REGULATION OF PERSONS WHO SELL, OFFER TO SELL, OR STORE
 FIREWORKS, TO FURTHER DELINEATE THE DUTIES OF THE BOARD OF PYROTECHNIC SAFETY,
 TO ESTABLISH LICENSURE REQUIREMENTS, TO AUTHORIZE AGENTS OF THE DEPARTMENT OF
 LABOR, LICENSING AND REGULATION AND VARIOUS FIRE CHIEFS AND LAW ENFORCEMENT
 OFFICERS TO INSPECT BUILDINGS IN WHICH FIREWORKS ARE STORED OR SOLD AND TO
 AUTHORIZE THESE INDIVIDUALS TO CONFISCATE FIREWORKS WHERE VIOLATIONS OCCUR, TO
 ESTABLISH SAFETY REQUIREMENTS FOR FIREWORKS RETAILERS, WHOLESALERS, AND
 JOBBERS, TO ESTABLISH FIREWORKS STORAGE AND DISPLAY STANDARDS, TO ESTABLISH
 GROUNDS FOR DISCIPLINARY ACTION AND PROCEDURES FOR INVESTIGATIONS AND
 HEARINGS, AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION
 23-35-10, AS AMENDED, RELATING TO THE SALE, STORAGE, TRANSPORTATION, AND USE
 OF FIREWORKS, SO AS TO REVISE THE DEFINITION OF PERMISSIBLE FIREWORKS; TO
 AMEND SECTION 23-35-20, RELATING TO THE PROPER IDENTIFICATION OF PERMISSIBLE
 FIREWORKS, SO AS TO DEFINE "CONSUMER FIREWORKS", "DISPLAY FIREWORKS", AND
 "FIREWORKS"; TO AMEND SECTION 23-35-30, RELATING TO ITEMS EXCLUDED FROM
 "FIREWORKS", SO AS TO PROVIDE THAT ITEMS EXCLUDED ARE THOSE DEREGULATED BY THE
 UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION; TO AMEND SECTION 23-35-40,
 RELATING TO EXEMPTIONS FROM THE CHAPTER, SO AS TO REVISE A CROSS REFERENCE TO
 FEDERAL LAW AND TO DELETE FROM THE EXEMPTIONS, BLANK CARTRIDGES FOR
 CEREMONIAL, THEATRICAL, OR ATHLETIC EVENTS; TO AMEND SECTION 23-35-60,
 RELATING TO PERMIT REQUIREMENTS FOR FIREWORKS DISPLAYS, SO AS TO CHANGE A
 CROSS REFERENCE; TO AMEND SECTION 23-35-120, RELATING TO THE SALE OF FIREWORKS
 TO MINORS AND PROHIBITED USAGE OF FIREWORKS, SO AS TO PROHIBIT THE SALE OF
 FIREWORKS TO CHILDREN UNDER THE AGE OF SIXTEEN, RATHER THAN UNDER THE AGE OF
 FOURTEEN; AND TO REPEAL SECTIONS 23-35-50, 23-35-70, 23-35-80, 23-35-90,
 23-35-100, 23-35-110, 23-35-140, AND 23-35-160, ALL RELATING TO REGULATION OF
 THE SALE, STORAGE, AND DISPLAY FIREWORKS AND LICENSURE REQUIREMENTS.

   04/25/01  House  Introduced and read first time HJ-32
   04/25/01  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-33

TO AMEND CHAPTER 56, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC REGULATION, SO AS TO ENACT THE SOUTH CAROLINA PYROTECHNIC LICENSING AND SAFETY ACT TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS WHO SELL, OFFER TO SELL, OR STORE FIREWORKS, TO FURTHER DELINEATE THE DUTIES OF THE BOARD OF PYROTECHNIC SAFETY, TO ESTABLISH LICENSURE REQUIREMENTS, TO AUTHORIZE AGENTS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND VARIOUS FIRE CHIEFS AND LAW ENFORCEMENT OFFICERS TO INSPECT BUILDINGS IN WHICH FIREWORKS ARE STORED OR SOLD AND TO AUTHORIZE THESE INDIVIDUALS TO CONFISCATE FIREWORKS WHERE VIOLATIONS OCCUR, TO ESTABLISH SAFETY REQUIREMENTS FOR FIREWORKS RETAILERS, WHOLESALERS, AND JOBBERS, TO ESTABLISH FIREWORKS STORAGE AND DISPLAY STANDARDS, TO ESTABLISH GROUNDS FOR DISCIPLINARY ACTION AND PROCEDURES FOR INVESTIGATIONS AND HEARINGS, AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 23-35-10, AS AMENDED, RELATING TO THE SALE, STORAGE, TRANSPORTATION, AND USE OF FIREWORKS, SO AS TO REVISE THE DEFINITION OF PERMISSIBLE FIREWORKS; TO AMEND SECTION 23-35-20, RELATING TO THE PROPER IDENTIFICATION OF PERMISSIBLE FIREWORKS, SO AS TO DEFINE "CONSUMER FIREWORKS", "DISPLAY FIREWORKS", AND "FIREWORKS"; TO AMEND SECTION 23-35-30, RELATING TO ITEMS EXCLUDED FROM "FIREWORKS", SO AS TO PROVIDE THAT ITEMS EXCLUDED ARE THOSE DEREGULATED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION; TO AMEND SECTION 23-35-40, RELATING TO EXEMPTIONS FROM THE CHAPTER, SO AS TO REVISE A CROSS REFERENCE TO FEDERAL LAW AND TO DELETE FROM THE EXEMPTIONS, BLANK CARTRIDGES FOR CEREMONIAL, THEATRICAL, OR ATHLETIC EVENTS; TO AMEND SECTION 23-35-60, RELATING TO PERMIT REQUIREMENTS FOR FIREWORKS DISPLAYS, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 23-35-120, RELATING TO THE SALE OF FIREWORKS TO MINORS AND PROHIBITED USAGE OF FIREWORKS, SO AS TO PROHIBIT THE SALE OF FIREWORKS TO CHILDREN UNDER THE AGE OF SIXTEEN, RATHER THAN UNDER THE AGE OF FOURTEEN; AND TO REPEAL SECTIONS 23-35-50, 23-35-70, 23-35-80, 23-35-90, 23-35-100, 23-35-110, 23-35-140, AND 23-35-160, ALL RELATING TO REGULATION OF THE SALE, STORAGE, AND DISPLAY FIREWORKS AND LICENSURE REQUIREMENTS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 56, Title 40 of the 1976 Code is amended to read:

    Section 40-56-10.    There is created the State Board of Pyrotechnic Safety to be composed of six members appointed by the Governor. One of the appointees must be a fireman, one must be a pyrotechnics retailer, one must be a law enforcement representative, and three must be members of the public who shall not possess any pecuniary interest in any entity engaged in a business directly involving the sale of pyrotechnics. The board shall elect from its members a chairman, vice-chairman, and such other officers as it may consider necessary to serve for terms of one year and until their successors are elected and qualify. Terms of office for members are for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired term. The board shall meet at least annually and not more than once per month. All meetings must be scheduled at the call of the chairman. All members shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees, and commissions for days on which they are transacting official business, to be paid from the general fund of the state. The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, shall employ such personnel as necessary to carry out the duties of the board.

    Section 40-56-20.    It shall be the duty and responsibility of the board created in Section 40-56-10 to promulgate regulations relating to the sale of pyrotechnics in this State including the storage and fire safety of such products. The board shall also recommend to the General Assembly legislation it deems necessary for the safety and control of the sale of pyrotechnics.

    Section 40-56-2    This chapter may be cited as the 'South Carolina Pyrotechnic Licensing and Safety Act'.

    Section 40-56-5.    Unless otherwise provided for in this chapter, Article 1, Chapter, 1 of Title 40 applies to persons or businesses, or both, licensed to sell pyrotechnics; however, if there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.

    Section 40-56-10.    (A)    There is created the South Carolina Board of Pyrotechnic Safety under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public's safety regarding the sale, manufacture, and storage of pyrotechnics (fireworks).

    (B)    The South Carolina Board of Pyrotechnic Safety consists of these six members who must be residents of this State and appointed by the Governor with consideration given to geographic representation and to areas of expertise:

        (1)    an active or retired fireman.

        (2)    an active or retired law enforcement officer.

        (3)    a person actively engaged in the sale of pyrotechnics.

        (4)    three members of the public who do not possess any pecuniary interest in any entity engaged in a business directly involving the sale of pyrotechnics.

    (C)    Board members from the general public may be nominated by an individual, group or association and must be appointed by the Governor in accordance with Section 40-1-45.

    (D)    Members shall serve terms of four years and until their successors are appointed and qualified. In event of a vacancy, the Governor shall appoint a person to fill the vacancy for the unexpired portion of the term.

    (E)    The board annually shall elect from its total membership a chairman, vice-chairman and other officers the board considers necessary. The board may adopt an official seal and shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.

    (F)    The board shall meet in May and November of each year and at other times as is necessary and shall remain in session as long as the chairman considers it necessary to give full consideration to the business before the board.

    (G)    Members of the board are entitled to per diem, subsistence and mileage as is provided by law for state boards, committees and commissions.

    Section 40-56-20.    As used in this chapter, unless the context requires otherwise:

    (1)    'Board' means the South Carolina Board of Pyrotechnic Safety.

    (2)    'Consumer Fireworks' means any small firework device designed to produce visible or audible effects by combustion and which must comply with the construction, chemical composition, and labeling of the U.S. Consumer Product Safety Commission as set forth in Title 16 Code of Federal Regulations. Consumer fireworks are further defined as those classified by the U.S. Department of Transportation as UN0336 and UNO337.

    (3)    'Department' means the South Carolina Department of Labor, Licensing and Regulation.

    (4)    'Director' means the Director of the Department of Labor, Licensing and Regulation or the director's designee.

    (5)    'Display Fireworks' means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation and which exceed the limits of explosive materials for classification as "consumer fireworks." Display fireworks are further defined as those classified by the U.S. Department of Transportation as UNO333, UNO334 or UNO335.

    (6)    'DOT' means the United States Department of Transportation.

    (7)    'Fireworks' or 'pyrotechnics' means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation and which meets the definition of 'consumer fireworks' or 'display fireworks'.

    (8)    'Jobber' means a licensee who is authorized to sell, to licensed retailers, fireworks classified as 1.4G (Consumer Fireworks) that must be purchased from a wholesale distributor licensed to conduct business in this State.

    (9)    'Licensee' means an individual licensed pursuant to this chapter engaging in the business of selling or storing pyrotechnics.

    (10)    'Retailer' means a licensee that is authorized to sell, to the general public, fireworks classified as 1.4G (Consumer Fireworks) that must be purchased from a jobber or wholesale distributor licensed to conduct business in South Carolina.

    (11)    'Wholesale distributor' means a licensee that is authorized to sell fireworks classified as 1.4G (Consumer Fireworks) to licensed jobbers or licensed retailers, or both supply 1.3G (Display Fireworks), and purchase foreign or domestic fireworks, or both.

    Section 40-56-30.    (A)    It is unlawful for an individual to sell, offer to sell, or to store fireworks in this State without a valid license issued by this department.

    (B)    Notwithstanding subsection (A), this chapter does not apply to:

        (1)    the sale or storage of signals necessary to the safe operation of railroads or other public or private transportation;

        (2)    illuminating devices for photographic use;

        (3)    the military forces of the State or United States and;

        (4)    peace officers.

    Section 40-56-50.    The Department of Labor, Licensing and Regulation shall provide administrative, fiscal, investigative, inspection, clerical, secretarial and license renewal operations and activities of the board in accordance with Section 40-1-50.

    Section 40-56-60.    (A)    The board shall:

        (1)    advise the department on matters relating to the regulation of the sale and storage of pyrotechnics and on policies necessary to carry out this chapter;

        (2)    promulgate regulations to carry out the purposes of this chapter;

        (3)    hear disciplinary matters involving licensees as authorized under this chapter and may impose penalties and sanctions pursuant to this chapter.

    (B)    The board has only those powers and duties provided for in this section and as is otherwise specifically set forth in this chapter.

    Section 40-56-70.    (A)    All fees relevant to the licensure and regulation of pyrotechnic sales and storage must be established in accordance with Section 40-1-50(D).

    (B)    All fees are payable to the department in advance and are nonrefundable.

    Section 40-56-80.    (A)    A license may not be issued to anyone under the age of twenty-one.

    (B)    An application for licensure as a fireworks wholesaler, jobber, wholesale storage, or retailer must be made in writing on a form prescribed by the department and must be accompanied by the applicable fees.

    (C)    In addition to the requirements of subsection (B), an application for a retail fireworks sale license must be for one specific address and must be accompanied by a copy of a valid retail sales tax license or an exemption certificate issued by the Department of Revenue.

    (D)    Initial license applications and applications for license reinstatements for in-state licensees must be approved only after the building and facilities where fireworks are to be sold or stored, or both, are inspected by an authorized agent of the department.

    (E)    All licenses expire annually on April fifteenth and may be reinstated before June first without first having the building and facilities inspected by the department.

    (F)    Licenses must be prominently displayed at the licensee's place of business.

    (G)    Licenses issued by the department are non-transferable.

    Section 40-56-90.    (A)    Agents employed by the department shall visit and inspect at reasonable hours, as often as necessary, all places, sites, or areas where fireworks are sold or stored.

    (B)    In addition to agents employed by the department, municipal fire chiefs and their inspectors, sheriffs and their deputies, city and county chiefs of police and their officers, and SLED officers have the authority to inspect any building where fireworks may be stored or sold and any records of sales and purchases that are required to be maintained

    (C)    Any official named in this section, who is authorized to inspect may confiscate any illegal fireworks in a facility not in compliance with the laws of this State.

    (D)    This chapter does not repeal, amend, or otherwise affect fire codes and regulations adopted by the State Fire Marshal.

    Section 40-56-100.    (A)(1)    Retail sales of consumer fireworks may be made from temporary stands or permanent structures. Retail sales of fireworks may not be conducted from a tent or tent type facility.

        (2)    A retailer holding a valid retail fireworks sales license may sell, to the public, all consumer fireworks except bottle type rockets that are not a minimum of one-half inch in diameter and a minimum of three inches in length, whose stabilizing stick is not a minimum of fifteen inches in length, and whose total pyrotechnic composition does not exceed twenty grams each in weight.

        (3)    All retailers shall store back up stocks of consumer fireworks in the original unbroken DOT container in which the fireworks were shipped and received.

    (B)(1)    Temporary 'fireworks stands' must be located in such a manner as to make them immobile.

        (2)    All fireworks stands must meet the requirements of the building and electrical codes as defined in Chapter 9, Title 6. The local building official shall to determine if a temporary fireworks stand meets the requirements of the building codes adopted by the local county or municipality.

        (3)    A structure in which fireworks are sold or stored, if attached to, adjacent to, or within thirty feet of any other structure must provide a minimum of two-hour fire separation.

        (3)    Customers are prohibited entrance to a fireworks stand or access to displayed fireworks.

        (4)    Fire extinguishers must be provided in accordance with the standards set forth in NFPA 10, 'Portable Fire Extinguishers'.

        (5)    All electrical, heating and cooling equipment and connections must be installed so as not to constitute a fire hazard. No open flame heat source may be allowed and flammable products may not be stored in proximity to fireworks.

        (6)    Smoking and open flames are prohibited within thirty feet of a fireworks stand and this must be strictly enforced by the operator. No Smoking signs may be posted conspicuously on all sides of the temporary structure.

        (7)    All fuses must be covered while on display to prevent direct exposure of the fuse.

    (E)(1)    Permanent fireworks retail outlets must conform to the building and electrical codes adopted by the local municipal or county and enforced by the local building official.

        (2)    'No smoking' signs on a contrasting background with letters no less than four inches in height must be placed conspicuously on each entrance door and must be placed conspicuously within each facility, one sign for each six hundred square feet of floor space.

        (3)    Fire extinguishers must be provided in accordance with the standards set forth in NFPA 10, 'Portable Fire Extinguishers'.

        (4)    All fireworks displayed in a permanent facility must be so situated that the prohibition against smoking can be controlled at all times.

        (5)    No open flame heat source is allowed and no flammable products may be stored in proximity to fireworks.

        (6)    All fuses must be covered while on display to prevent direct exposure of the fuse.

        (7)    Fireworks may not be stored or displayed in any area so situated that the direct rays of the sun shining through glass will be directly on them.

    (F)    Separation of fireworks storage areas from other areas of the same building must be no less than one-hour fire rated construction with a separate exit/entrance combination.

    (G)    No person under the age of eighteen may be employed or allowed to participate as a salesman or handler of fireworks.

    (H)    Persons under the age of sixteen are not allowed to purchase fireworks.

    (I)    The area surrounding a fireworks facility must be kept clean of debris or any materials that would constitute a fire hazard and no open flame is allowed within thirty feet of structure housing fireworks for sale.

    (J)    Display fireworks are strictly prohibited in any facility that offers consumer fireworks for sale.

    Section 40-56-110.    (A)    All wholesalers and jobbers shall store consumer fireworks in their original packaging and in unopened cases or cartons so as to take advantage of the insulation provided; however, unopened fireworks packages that have been returned by retailers may be temporarily retained in bins for repackaging or resale.

    (B)    Fire extinguishers must be provided in accordance with the standards set forth in NFPA 10, 'Portable Fire Extinguishers'.

    (C)    'No smoking' signs on a contrasting background with letters no less than four inches in height must be placed conspicuously on each entrance door, and must be placed conspicuously within each facility, one sign for each six hundred square feet of floor space. The owner or operator shall strictly enforce the prohibition against smoking at all times.

    (D)    No open flame heat source is allowed and no flammable products may be stored within proximity of fireworks.

    (F)    Any structure in which fireworks are stored, if attached or adjacent to or within thirty feet of any inhabited structure must provide a minimum of two-hour fire separation.

    (G)    No person under the age of eighteen may be employed or allowed to participate as a salesman or handler of fireworks.

    Section 40-56-120.    (A)    Only a licensed wholesale distributor, who has obtained from the board a separate wholesale storage license, may store display fireworks in this State.

    (B)    The South Carolina Board of Pyrotechnic Safety shall adopt storage requirements that are congruent with those provided in 18 United States Code, Chapter 40 and 27 Code of Federal Regulations Part 55 as enforced by the Department of the Treasury Bureau of Alcohol, Tobacco and Firearms.

    (C)    All display fireworks used in this State must be purchased from a wholesale fireworks distributor that is licensed in this State.

    (D)    No person under the age of eighteen shall be employed to handle Display Fireworks.

    Section 40-56-140.    (A)    In addition to Section 40-1-110, the board may take disciplinary action against a licensee who:

        (1)    procures or attempt to procure a license by knowingly making a false statement, submitting false information, or making a material misrepresentation on an application filed with the board or procures or attempts to procure a license through fraud or misrepresentation;

        (2)    sells or attempts to sell illegal fireworks;

        (3)    sells of attempts to sell fireworks without a valid license issued by the department;

        (4)    sells or attempts to sell fireworks from an automobile, truck, or any other motor driven vehicle;

        (5)    fails to pay a civil penalty assessed by citation;

        (6)    violates any of the provisions of State fireworks and explosives laws, including the provisions of Chapter 35, Title 23;

        (7)    violates any of the provisions of this chapter or a regulation promulgated under this chapter;

        (8)    violates a rule or order of the board.

    Section 40-56-150.    (A)    Investigations must be conducted in accordance with Section 40-1-80.

    (B)    A restraining order must be obtained in accordance with Section 40-1-100.

    (C)(1)    If the department has reason to believe that a violation of this chapter has occurred, an investigation must be initiated.

        (2)    A hearing on the charges must be at the time and place designated by the board and must be conducted in accordance with the Administrative Procedures Act. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.

        (3)    The board shall render a decision and shall serve notice, in writing, within thirty days, of the board's decision to the licensee charged. The board also shall state in the notice the date the ruling or decision becomes effective.

        (4)    The department shall maintain a public docket or other permanent record in which all orders, consent orders, or stipulated settlements must be recorded.

    (D)    A license to sell or store fireworks may be voluntarily surrendered in accordance with Section 40-1-150.

    (E)(1)    The board may impose disciplinary action in accordance with Section 40-1-120.

        (2)    Upon determination by the board that one or more of the grounds for discipline exists, as provided for in Section 40-1-110 or Section 40-56-140, the board may also impose a fine of not less than one hundred dollars or more than one thousand dollars for each violation.

        (3)    Nothing in this section prevents a licensee from voluntarily entering into a consent order with the board wherein violations are not contested and sanctions are accepted.

    (F)    No stay or supersedes may be granted for more than six months pending appeal from a decision by the board to revoke, suspend, or restrict a license.

    (G)    A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

    Section 40-56-160.    In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.

    Section 40-56-170.    (A)    A licensee who, during an inspection by the department, is found to be in violation of Section 40-56-100, Section 40-50-110 or any regulation promulgated by the board must be given a written warning for the first violation and must be assessed, by issuance of a citation, a civil penalty of not more than one hundred dollars for each subsequent violation. Each failure to pay constitutes a separate violation. A citation is considered final unless the licensee requests, in writing, prior to the payment date, a review by an administrative hearing officer appointed by the board.

    (B)    A licensee who requests an administrative hearing must be given at least thirty days' notice of the time and place of the hearing. A licensee aggrieved by a ruling of the administrative hearing officer may appeal to the board in writing within fifteen days after the ruling.

    Section 40-56-180.    A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay the costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

    Section 40-56-190.    Costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

    Section 40-56-200.    Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.

    Section 40-56-210.    Criminal penalties for violating any provision of this chapter are as provided for in Chapter 35, Title 23.

    Section 40-56-220.    A civil action may be brought for violations of this chapter as provided for violations of Chapter 1, in accordance with Section 40-1-210.

    Section 40-56-260.    If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."

SECTION    2.    Section 23-35-10 of the 1976 Code, as amended by Act 257 of 1992, is further amended to read:

    "Section 23-35-10.    It shall be is unlawful for persons to possess, sell, offer for sale, store, transport, or use within this State any fireworks other than the permissible fireworks herein enumerated. The permissible fireworks consist of ICC Class C, 'Common Fireworks' only, and shall mean such articles of fireworks as are enumerated as ICC Class C, "Common Fireworks" in the regulations of the Interstate Commerce Commission for the transportation of explosives and other dangerous articles, and shall include the following: consumer fireworks (1.4G) described as any small firework device designed to produce visible or audible effects by combustion and which must comply with the construction, chemical compositions, and labeling of the United States Consumer Product Safety Commission as set forth in Title 16 Code of Federal Regulations. Consumer fireworks are further defined as those classified by the United States Department of Transportation as UN0336 and UN0337 and

    (1)    Roman candles whose total pyrotechnic composition shall not exceed twenty grams each in weight;

    (2)    bottle type rockets whose motor is a minimum one-half of an inch in diameter and a minimum three inches in length, whose stabilizing stick is a minimum fifteen inches in length, and whose total pyrotechnic composition does not exceed twenty grams each in weight; however, all bottle type rockets smaller than provided for in this item may be stored by licensed wholesale distributors for out-of-state distribution only;

    (3)    Cylindrical fountains whose total pyrotechnic composition shall not exceed seventy-five grams each in weight and whose inside diameter shall not exceed three-fourths inch;

    (4)    Cone fountains whose total pyrotechnic composition shall not exceed fifty grams each in weight;

    (5)    Wheels whose total pyrotechnic composition shall not exceed sixty grams in weight, for each driver unit, but there may be any number of drivers on any one wheel and the inside bore of driver tubes shall not be over one-half inch;

    (6)    Illumination torches and colored fire in any form whose total pyrotechnic composition shall not exceed one hundred grams each in weight;

    (7)    Sparklers whose total pyrotechnic composition shall not exceed one hundred grams each in weight;

    (8)    Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches in length and one-quarter inch in diameter, and other items designed to produce an audible effect, total pyrotechnic composition not to exceed two grains each in weight; and

    (9)    Items composed of a combination of two or more articles or devices of the above enumerated approved items.

No component of any device listed in this section which is designed to produce an audible effect shall contain pyrotechnic composition in excess of two grains in weight excluding propelling or expelling charges. Pyrotechnic composition containing any chlorate or perchlorate shall not exceed five grams. All other fireworks not enumerated in this section are declared contraband, except as herein provided."

SECTION    3.    Section 23-35-20 of the 1976 Code is amended to read:

    "Section 23-35-20.    No permissible articles of common fireworks enumerated in Section 23-35-10 shall be sold, offered for sale, possessed, stored or used in the State unless they shall be properly named to conform to the nomenclature of Section 23-35-10 and unless they are certified as "Common Fireworks" on all shipping cases and by printing on the article to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.

    (1)    'Consumer Fireworks' means any small firework device designed to produce visible or audible effect by combustion and which must comply with the construction, chemical composition, and labeling of the United States Consumer Product Safety Commission as set forth in Title 16 Code of Federal Regulations. Consumer fireworks are further defined as those classified by the United States Department of Transportation as UN0336 and UN0337.

    (2)    'Display fireworks' means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and which exceed the limits of explosive materials for classification as 'consumer fireworks'. Display fireworks are further defined as those classified by the United States Department of Transportation as UN0333, UN0334, or UN0335.

    (3)    'Fireworks' means a composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation and which meets the definition of 'consumer fireworks' or 'display fireworks'."

SECTION    4.    Section 23-35-30 of the 1976 Code is amended to read:

    "Section 23-35-30.    The term 'fireworks' shall does not include toy paper pistol caps which contain less than twenty-five hundredths of a grain of explosive compounds, toy pistols, toy canes, toy guns or other devices using paper caps and the sale and use of these items shall be permitted at all times items that have been deregulated by the United States Consumer Product Safety Commission unless specifically enumerated in this chapter."

SECTION    5.    Section 23-35-40 of the 1976 Code is amended to read:

    "Section 23-35-40.    Nothing in this chapter shall apply applies to:

    (1)    To the shipping, sale, possession, and use of fireworks for public displays, and such items of fireworks which are to be used for public display only and which are otherwise prohibited for sale and use within the State shall include display shells designed to be fired from mortars and display set pieces of fireworks classified by the regulations of the Interstate Commerce Commission as 'Class B Special Fireworks,' United States Department of Transportation as display firework (1.3G) and shall do not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs and torpedoes;

    (2)    To the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other public or private transportation;

    (3)    To illuminating devices for photographic use;

    (4)    To the military or naval forces of the State or United States;

    (5)    To peace officers; and

    (6)    To the sale or use of blank cartridges for ceremonial, theatrical or athletic events."

SECTION    6.    Section 23-35-60 of the 1976 Code is amended to read:

    "Section 23-35-60.    (A)    Any A person who desires to hold a fireworks display shall first obtain a permit in triplicate from the governing body of the municipality or county where such the display is to take place, in triplicate. The manufacturer or wholesaler supplying the fireworks display material shall retain one copy of the permit and the person putting on the display shall retain one copy. One copy shall must be forwarded to the State Fire Marshal's office.

    (B)    All fireworks display materials shall be purchased through a manufacturer or wholesaler licensed in South Carolina this State who will supply insurance protection for any accidents that might take place during the display, except as otherwise provided for in this chapter.

    (C)    Any A display requiring shells to be fired from mortars or set pieces more than sixteen feet high shall must be classified as Type "A" high explosives (1.1G) and, when such this display is used, an experienced fireworks operator shall must be in charge for the protection of spectators. Any A display commonly called a local or family display, which includes no uncased shells and no shells larger than regular 100 aerial or set pieces larger than ten feet, may be fired by persons putting on the display who shall assume responsibility for insurance.

    (D)    No commercial fireworks item such as 'Cherry Bombs', 'T-N-T', 'M-80's', or other domestic items of commercial fireworks of a similar type shall may be considered as display fireworks.

    (E)    Any A person who violates the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one thousand dollars or imprisoned for not more than thirty days."

SECTION    7.    Section 23-35-120 of the 1976 Code is amended to read:

    "Section 23-35-120.    It shall be is unlawful to:

    (1)    To offer for sale or to sell permissible fireworks to children under the age of fourteen sixteen years unless accompanied by a parent;

    (2)    To explode or ignite fireworks within six hundred feet of any church, hospital, asylum, or public school;

    (3)    To explode or ignite fireworks within seventy-five feet of where fireworks are stored, sold, or offered for sale;

    (4)    To ignite or discharge any permissible fireworks within or throw the same permissible fireworks from any a motor vehicle; and

    (5)    To place or throw any ignited fireworks into or at any a motor vehicle."

SECTION    8.    Sections 23-35-50, 23-35-50, 23-35-70, 23-35-80, 23-35-90, 23-35-100, 23-35-110, 23-35-140, and 23-35-160 of the 1976 Code are repealed.

SECTION    9.    This act takes effect upon approval by the Governor.