Exceptions - Fireworks And Pyrotechnic Devices - Health & Safety - CA

Section § 12540

This section outlines specific exclusions from the regulations covered in this part of the Health and Safety Code. It does not apply to certain explosives already regulated elsewhere, firearms including handguns as defined by federal and state laws, rockets, or missile research conducted by the U.S. Department of Defense or related contractors, and small paper caps used in toys that contain minimal amounts of explosive materials.

The provisions of this part shall not apply to any of the following:

(a) Explosives regulated under Part 1 (commencing with Section 12000) of Division 11.

(b) Arms and handguns defined as firearms by the Federal Gun Control Act of 1968, as well as such devices and weapons classified under Section 16460 of the Penal Code or any provision listed in Section 16590 of the Penal Code, including blank cartridge pistols of the type used at sporting events or theatrical productions.

(c) Research or experiments with rockets or missiles or the production or transportation of rockets or missiles by the Department of Defense of the United States, or by any agency or organization acting pursuant to a contract with the Department of Defense for the development and production of rockets or missiles.

(d) Paper caps which contain less than 0.25 grain of pyrotechnic composition per unit load.

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Section § 12541

This law states that if fireworks are banned or restricted by local laws in a particular city or county, this section does not allow them to be sold, used, or set off there.

Nothing in this part authorizes the sale, use, or discharge of fireworks in any city, county, or city and county in which the sale, use, or discharge is otherwise prohibited or regulated by law or ordinance.

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Section § 12541.1

This law allows special districts that provide fire services to create rules about fireworks use within their area. However, if the city or county where the special district is located has its own fireworks rules, those city or county rules will take priority and be the only ones that apply in that area. Additionally, if the special district includes a state responsibility area, as defined by state law, any state rules about fireworks will override the special district's rules in that area.

(a) A special district which provides fire protection, prevention, or suppression services may adopt an ordinance or regulation to prohibit or regulate the sale, use, or discharge of fireworks within that special district.

(b) If the county or city in which any area of the special district is located has adopted an ordinance or regulation to prohibit or regulate the sale, use, or discharge of fireworks within that county or city, the ordinance or regulation adopted by the county or city shall prevail over the ordinance or regulation adopted by the special district within any area of the special district which is within that county or city, and only the ordinance or regulation adopted by the county or city shall be operative in that area of the special district.

(c) If any area of a special district encompasses lands which are a state responsibility area, as defined in Sections 4125 and 4126 of the Public Resources Code, any regulation or prohibition of the state with respect to the sale, use, or discharge of fireworks within the state responsibility area shall prevail over any ordinance or regulation of the special district within that area.

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