H 2779 Session 103 (1979-1980)
H 2779 General Bill, By Carnell and T.L. Hughston
A Bill to amend Sections 23-35-10, 23-35-50, 23-35-70 and 23-35-130, Code of
Laws of South Carolina, 1976, relating to fireworks and explosives, so as to
change the pyrotechnic composition of permissible firecrackers and salutes
with casings and components of any permissible firework from two grains to
fifty milligrams; to provide that Class "B" Fireworks used for display or
agricultural purposes may be stored by licensed wholesale distributors in
accordance with regulations of the State Fire Marshal who shall keep records
of their provisions and sales for inspections; to provide that distributors of
Class "B" Fireworks shall provide purchasers with permit forms and copies of
the State Fire Marshal's Regulations regarding Type "A" Fireworks displays; to
provide that no license shall be issued to a wholesale distributor or jobber
until the storage premises are inspected and approved by the State Fire
Marshal; to define a nonresident distributor and jobber and to impose duties
upon them before they may be approved by the State Fire Marshal's office and
issued an annual license to sell and send into the State permissible fireworks
and to establish the license fees; to add types of fireworks which it shall be
unlawful to manufacture, store, advertise for sale, sell, possess or transport
in this State; to increase penalties for violations; to provide for the
confiscation of certain vehicles and to provide for license revocation and to
delete certain references to shipment of fireworks in interstate commerce; to
add Section 23-35-135, so as to require manufacturers to obtain permits to
store or assemble materials for public fireworks displays, to prohibit the
storage of certain materials in the same buildings where legal fireworks are
offered for sale to retailers, to provide that such provisions shall not be
construed to interfere with lawful interstate commerce and to provide that it
shall be unlawful to ship and deal in fireworks in derogation of interstate
commerce regulations; to add Section 23-35-155, so as to provide that certain
deputy fire marshals may issue citations, to provide hearings on the
citations, to provide for appeals, to provide for penalties for violations and
to provide for the disposition of penalty funds; to amend Section 23-35-170,
as amended, relating to explosives, so as to give the State Fire Marshal
authority to promulgate regulations relating to the sale and delivery of
explosives and to provide penalties for violations; to add Section 23-35-180,
so as to require persons who desire to use explosives or blasting agents to
first obtain a permit therefor and to require persons using such explosives to
furnish proof of adequate insurance or surety bonds to the State Fire Marshal
to cover any accidents that may occur from such use; to add Section 23-35-190,
so as to require manufacturers, wholesalers and retailers of explosives to
obtain an annual permit from the State Fire Marshal permitting the sale of
explosives in this State; and to add 23-35-200, so as to require dealers in
explosives to report all thefts or losses of explosives to the State Fire
Marshal and to provide penalties for violations.
04/03/79 House Introduced and read first time HJ-1122
04/03/79 House Referred to Committee on Judiciary HJ-1123
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