Public safety: fireworks: enforcement: funding.

(1) The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property, and requires the State Fire Marshal to appoint deputies and employees as may be required to carry out the provisions of that law. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits any fireworks or pyrotechnic devices from being imported, sold, or offered for sale before the fireworks or devices have been examined and classified by the State Fire Marshal. Existing law authorizes the State Fire Marshal to issue licenses related to fireworks and pyrotechnic devices, including a wholesaler's license. Existing law makes it unlawful for a person to violate the State Fireworks Law or the regulations issued pursuant thereto, and to possess a specified amount of dangerous fireworks without a valid permit, punishable by a fine or by imprisonment, as specified. This bill would increase the amounts of the fines to be imposed for violating the State Fireworks Law or related regulation, would increase the amount of certain fines for possessing specified amounts of dangerous fireworks, and would increase the amount of certain fines for selling, giving, or delivering dangerous fireworks to any person under 18 years of age. (2) The State Fireworks Law defines "safe and sane fireworks" to mean any fireworks that do not come within the definition of dangerous fireworks or exempt fireworks, as those terms are defined. This bill would redefine "safe and sane fireworks" to instead mean any fireworks that have been approved by the United State Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal to meet and comply with specified regulations. (3) The State Fireworks Law requires the State Fire Marshal, on or before July 1, 2008, to identify and evaluate methods to capture more detailed data relating to fires, damages, and injuries caused by both dangerous fireworks and safe and sane fireworks. This bill would move up the date by which the State Fire Marshal is required to identify and evaluate methods to capture the data described above to July 1, 2024. The bill would require, on or before January 1, 2025, the State Fire Marshal to collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of both dangerous illegal fireworks and safe and sane fireworks, as provided. The bill would require, on or before January 1, 2025, the State Fire Marshal to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding specified topics. (4) The State Fireworks Law authorizes the retail sale of safe and sane fireworks from June 28 to July 6, annually, pursuant to a license issued by the State Fire Marshal, unless otherwise prohibited or regulated by law or ordinance. This bill would authorize a charter city, city, county, fire protection district, or city and county that adopts an ordinance or resolution authorizing the sale of safe and sane fireworks to 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 incurred by the charter city, city, county, fire protection district, or city and county for, among other things, processing and issuing fireworks permits, inspection of fireworks stands, public awareness and education campaigns regarding the safe and responsible use of safe and sane fireworks, and related fire operation and suppression efforts, as specified. The bill would specify that the pro rata portion of those costs shall be based on a percentage of the permittee's sales and use tax return for the applicable permit period, not to exceed 7% of the gross sales of the fireworks sold in the charter city, city, county, fire protection district, or city and county, except that a cost recovery ordinance or resolution in effect on or before January 1, 2024, would be authorized to supersede that provision. (5) The State Fireworks Law requires any dangerous fireworks seized be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal, as provided. This bill would require the State Fire Marshal to, in consultation with relevant state and local public agencies, the fireworks industry, and other relevant stakeholders, develop, publish, and provide necessary guidance and training to local agencies that seize, collect, transport, store, and treat seized fireworks, as provided. The bill would require the State Fire Marshal to train local fire and law enforcement personnel on fireworks enforcement, as provided.