Chapter 72. State Regulation of Fireworks.

Sec. 18.72.010. Regulation of sale of dangerous fireworks.

Sec. 18.72.011. Regulation of fireworks.
 (a) The Department of Public Safety shall adopt regulations for the purpose of protecting life and property from fire and explosion by establishing minimum standards for fireworks, including sale, storage, distribution, and use. The Department of Public Safety shall designate by regulation fireworks that qualify as consumer fireworks and fireworks that qualify as display fireworks under this chapter.

 (b) The commissioner of public safety may establish by regulation, and the Department of Public Safety may charge, reasonable fees for fireworks licenses, fireworks permits, and fireworks inspections.

 (c) During reasonable business hours, the Department of Public Safety may, for the sole purpose of inspecting fireworks for compliance with regulations adopted under this section, enter a building where fireworks are stored or kept.




Sec. 18.72.020. Regulation of sale of consumer fireworks.
 (a) A person who holds a permit under this section may sell consumer fireworks in the state. A person may apply for a permit by completing a form provided by the state fire marshal. The state fire marshal shall issue a permit to a person if
     (1) the person submits to the state fire marshal a policy, or a certified true copy of a policy, of public liability and products liability insurance, including both accident and occurrence coverage, provided by the wholesale company selling fireworks to the person, in an amount established in regulation; the policy must name the person as an insured party; and

     (2) the person pays an endorsement fee to the state fire marshal for an endorsement that is valid for two years or portions of two years from the date of issue during which the permit holder is engaged in the retail sale of consumer fireworks.

 (b) Upon approval of the insurance required in (a) of this section, the state fire marshal shall endorse the permit to indicate the holder's right to sell consumer fireworks at retail. The permit must show an expiration date. The expiration date must coincide with the expiration date of the permit holder's liability insurance.

 (c) A person holding a permit issued under this section may only sell a consumer firework to a retail customer if the consumer firework was purchased from a wholesaler licensed under this chapter.

 (d) A person who holds a permit to sell consumer fireworks under this section shall maintain the insurance required under (a) of this section continuously in force while the person is engaged in the retail sale of consumer fireworks.




Sec. 18.72.030. Fireworks wholesaler's license.
 (a) A person who holds a license under this section may sell consumer fireworks or display fireworks at wholesale. A person may apply to the state fire marshal for a license to sell consumer fireworks or display fireworks at wholesale in the state on forms provided by the state fire marshal. The applicant shall certify that the information provided in the application is true and complete and pay an annual license fee of $50.

 (b) A fireworks wholesaler's license is valid until December 31 of the year of issuance and is renewable upon
     (1) payment of each subsequent annual license fee;

     (2) submission of proof of the existence of a policy that meets the requirements of (c) of this section; and

     (3) the holder of the fireworks wholesaler's license updating, on a form provided by the state fire marshal, the information provided in the person's most recent application or renewal.

 (c) A person with a wholesaler's license shall maintain a policy of public liability insurance and products liability insurance that includes both accident and occurrence coverage in amounts set by regulation. If the person's policy lapses or does not include coverage at least equal to an amount required by regulation, the person's wholesaler's license is immediately rescinded.

 (d) A person with a wholesaler's license may only sell consumer fireworks to a person with a valid permit to sell consumer fireworks under AS 18.72.020 and display fireworks to a person with a valid pyrotechnic license under AS 18.72.035.

 (e) A person with a wholesaler's license shall affix to each record of the sale of a firework the person's license number and the license or permit number of the purchaser and shall maintain a copy of the record of sale for inspection by the state fire marshal.




Sec. 18.72.035. Pyrotechnic licenses and permits.
 (a) A person may purchase or possess display fireworks in the state if the person holds a pyrotechnic license from the state fire marshal. A person may apply for a license under this section on a form provided by the state fire marshal. The state fire marshal shall issue a pyrotechnic license to a person if the person pays an endorsement fee in an amount set by regulation. A pyrotechnic license issued under this section is valid for two years.

 (b) A license holder under this section may use display fireworks for public display purposes, unless prohibited from doing so under federal law. Before conducting a fireworks display or testing a display firework, the license holder shall apply for and obtain a permit from the state fire marshal. The state fire marshal shall issue a permit to a license holder who submits to the state fire marshal proof of a policy of public liability and products liability insurance in the name of the license holder that includes both accident and occurrence coverage in amounts set by regulation.

 (c) A license holder shall submit an application for a permit under this section not later than
     (1) 14 days before a fireworks display or nonroutine testing is scheduled to occur; or

     (2) seven days before routine testing occurs.




Sec. 18.72.040. Criminal penalty.
A person who recklessly fails to comply with a provision of this chapter or fireworks regulations adopted under this chapter is guilty of a class B misdemeanor. Each day of noncompliance constitutes a separate offense. In this section, “recklessly” has the meaning given in AS 11.81.900.

Sec. 18.72.050. [Renumbered as AS 18.72.100.]
Sec. 18.72.060. Municipal regulation of fireworks.
This chapter and fireworks regulations adopted under this chapter supersede the provisions of an ordinance adopted by a city or borough, whether before or after May 23, 1969, that are less restrictive than this chapter or the code. However, nothing in this section affects the authority of a city or organized borough under other law to prohibit or regulate more restrictively than this chapter the offering for sale, exposure for sale, sale, use, or explosion of fireworks.

Sec. 18.72.100. Definitions.