Section § 12550

Explanation

This section states that the State Fire Marshal is responsible for enforcing and managing the rules and regulations outlined in this part of the law.

The State Fire Marshal shall enforce and administer this part.

Section § 12551

Explanation

This law allows the State Fire Marshal to hire deputies and employees as needed, as long as it fits within the approved budget for the year.

The State Fire Marshal shall appoint deputies and employees as may be required to carry out the provisions of this part, subject to approval in the annual Budget Act.

Section § 12552

Explanation

The State Fire Marshal in California is responsible for creating rules about fireworks to ensure safety. These rules cover a variety of areas related to fireworks, including how licenses and permits are given for making, selling, or displaying fireworks. They also encompass classifying types of fireworks, registering fireworks workers, and overseeing public displays. Furthermore, the rules involve giving licenses for research on rockets, licensing pyrotechnic operators, registering emergency signaling devices, and ensuring the safe transport of different fireworks and devices.

The State Fire Marshal shall adopt regulations relating to fireworks as may be necessary for the protection of life and property not inconsistent with the provisions of this part. These regulations shall include, but are not limited to, provisions for the following:
(a)CA Health & Safety Code § 12552(a)  Granting of licenses and permits for the manufacture, wholesale, import, export, and sale of all classes of fireworks.
(b)CA Health & Safety Code § 12552(b)  Classification of fireworks and pyrotechnic devices.
(c)CA Health & Safety Code § 12552(c)  Registration of employees of licensees.
(d)CA Health & Safety Code § 12552(d)  Licenses and permits required for presentation of public displays.
(e)CA Health & Safety Code § 12552(e)  Granting of licenses and permits for research or experimentation with experimental or model rockets and missiles.
(f)CA Health & Safety Code § 12552(f)  Investigation, examination, and licensing of pyrotechnic operators of all classes.
(g)CA Health & Safety Code § 12552(g)  Registration of emergency signaling devices and the classification and use of exempt fireworks.
(h)CA Health & Safety Code § 12552(h)  Transportation of all classifications of fireworks, model rockets, emergency signaling devices, and exempt fireworks.

Section § 12553

Explanation

The State Fire Marshal is responsible for creating rules to classify new types of fireworks or pyrotechnic devices that weren't classified before January 1, 1974. These rules will help regulate how these fireworks are managed.

The State Fire Marshal shall also adopt regulations for classification of any new type of fireworks or pyrotechnic devices which have not been classified prior to January 1, 1974 and for the regulation of such fireworks in accordance with the provisions of this part.

Section § 12554

Explanation

This law states that any fireworks regulations set by the State Fire Marshal that were in place as of January 1, 1974, will remain valid until they are changed or canceled according to this legal process.

The regulations adopted by the State Fire Marshal relating to fireworks and in existence on January 1, 1974 shall continue thereafter to be in effect as regulations of the State Fire Marshal until amended or repealed pursuant to the provisions of this part.

Section § 12555

Explanation
The State Fire Marshal and their deputies are allowed to review the records and inspect the premises of anyone licensed or permitted for fireworks activities at any time. This is to ensure compliance with laws related to fireworks.
The State Fire Marshal or his salaried deputies may make an examination of the books and records of any licensee or permittee relative to fireworks, and may visit and inspect any building or other premises subject to the control of, or used by, the licensee or permittee for any purpose related to fireworks of any licensee or permittee at any time he may deem necessary for the purpose of enforcing the provisions of this part.

Section § 12556

Explanation

The State Fire Marshal in California has to find ways to collect more detailed information about fires, damages, and injuries caused by both dangerous fireworks and safe and sane fireworks by July 1, 2024. This includes figuring out the costs of collecting and reporting this data.

By January 1, 2025, the State Fire Marshal needs to gather and analyze data on fires, damages, and legal issues related to fireworks. This should be done using a method developed with their advisory committee.

Also, by January 1, 2025, they must report to the Legislature on the resources needed to train local fire and law enforcement in dealing with fireworks, including handling and prosecuting illegal activity.

(a)CA Health & Safety Code § 12556(a) In addition to the obligations described in Section 13110.5, on or before July 1, 2024, the State Fire Marshal shall 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. These evaluation methods shall include a cost analysis related to capturing and reporting the data and shall meet or exceed the specificity, detail, and reliability of the data captured under the former California Fire Incident Reporting System (CFIRS). The State Fire Marshal shall furnish a copy of these evaluation methods to any interested person upon request.
(b)CA Health & Safety Code § 12556(b) On or before January 1, 2025, the State Fire Marshal shall 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. The State Fire Marshal shall collect data pursuant to a methodology developed in consultation with the State Fire Marshal’s General Fireworks Advisory Committee.
(c)Copy CA Health & Safety Code § 12556(c)
(1)Copy CA Health & Safety Code § 12556(c)(1) On or before January 1, 2025, the State Fire Marshal shall 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 all the following:
(A)CA Health & Safety Code § 12556(c)(1)(A) The seizure, collection, transportation, and storage of seized fireworks.
(B)CA Health & Safety Code § 12556(c)(1)(B) The enforcement of statewide programs concerning illegal and dangerous fireworks.
(C)CA Health & Safety Code § 12556(c)(1)(C) Prosecution related to seized fireworks.
(D)CA Health & Safety Code § 12556(c)(1)(D) Investigations of illegal and dangerous fireworks.
(2)CA Health & Safety Code § 12556(c)(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.

Section § 12557

Explanation

This law directs the Office of the State Fire Marshal in California to work with other public safety agencies to create a model local ordinance for handling cases involving up to 25 pounds of dangerous fireworks. Local jurisdictions can adopt these streamlined rules, which focus on enforcing civil fines related to such possession. The collected fines do not need to follow a specific state revenue sharing rule. Also, the model ordinance should account for reimbursing the Fire Marshal's costs for disposing of seized fireworks.

By January 1, 2008, any local laws about dangerous fireworks need updating to include reimbursement provisions and specify they apply only up to 25 pounds of fireworks. The State Fire Marshal, with local input, is also tasked with setting regulations for recovering transportation and disposal costs from violators, including detailing how costs will be calculated and paid to the Fire Marshal.

(a)CA Health & Safety Code § 12557(a) The Office of the State Fire Marshal shall consult with public safety agencies and other stakeholders as deemed necessary by the State Fire Marshal and develop a model ordinance that permits local jurisdictions to adopt a streamlined enforcement and administrative fine procedures related to the possession of 25 pounds or less of dangerous fireworks. These procedures shall be limited to civil fines and as authorized pursuant to Section 53069.4 of the Government Code, and provide that the fines collected pursuant to this section shall not be subject to Section 12706. The model ordinance shall include provisions for reimbursing the Office of the State Fire Marshal for the costs associated with the disposal of seized fireworks and collecting these disposal costs as part of an administrative fine as described in subdivision (c).
(b)CA Health & Safety Code § 12557(b) An ordinance of a local jurisdiction in effect on or after January 1, 2008, that is related to dangerous fireworks and is not the model ordinance described in subdivision (a) shall, as soon as practicable, comply with all of the following:
(1)CA Health & Safety Code § 12557(b)(1) The ordinance shall be amended or adopted to include provisions for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs as part of an administrative fine as described in subdivision (c).
(2)CA Health & Safety Code § 12557(b)(2) The ordinance shall be amended or adopted to provide that the ordinance shall be limited to a person who possesses or the seizure of 25 pounds or less of dangerous fireworks.
(3)CA Health & Safety Code § 12557(b)(3) The ordinance shall be amended or adopted to provide that the fines collected pursuant to the ordinance shall not be subject to Section 12706.
(c)CA Health & Safety Code § 12557(c) The State Fire Marshal shall, in consultation with local jurisdictions, develop regulations to specify a procedure on how to cover the cost to the Office of the State Fire Marshal for the transportation and disposal of dangerous fireworks that are seized by local jurisdictions. The regulations shall include, but are not limited to, all of the following:
(1)CA Health & Safety Code § 12557(c)(1) A cost recovery procedure to collect, as part of an administrative fine, the actual cost for transportation and disposal of dangerous fireworks from any person who violates a local ordinance related to dangerous fireworks.
(2)CA Health & Safety Code § 12557(c)(2) The method by which the actual cost for transportation and disposal by the Office of the State Fire Marshal will be calculated.
(3)CA Health & Safety Code § 12557(c)(3) The method, manner, and procedure the local jurisdiction is required to follow to forward the amounts collected pursuant to paragraph (1) to the State Fire Marshal.

Section § 12558

Explanation

This law requires anyone with a license or permit for fireworks to allow officials, like the chief of the issuing authority or their representatives, to come in and inspect any building or area they control or use for fireworks-related activities. These inspections can happen at any time and are meant to ensure the rules about fireworks are being followed.

The licensee or permittee shall permit the chief of the issuing authority, or his authorized representatives, as qualified in Section 12721, to enter and inspect any building or other premises subject to the control of or used by the licensee or permittee for any purpose related to fireworks at any time for the purpose of enforcing the provisions of this part.