H. B. 2481
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced February 22, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty-four, article three,
chapter twenty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to prohibiting
use of fireworks displays at private residences.
Be it enacted by the Legislature of West Virginia:
That section twenty-four, article three, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-24. Unlawful sale, possession or use of fireworks; permit
for public display.
Except as hereinafter provided, no person, firm, copartnership
or corporation shall may offer for sale, possess, expose for sale, sell at retail, keep with intent to sell at retail, or use or
explode any fireworks: Provided, That the state fire marshal may
adopt reasonable rules and regulations for the granting of permits
for the supervised displays of fireworks by municipalities, fair
associations, amusement parks, and other organizations or groups of
individuals: Provided, however, That displays of fireworks are
prohibited by individuals from private residences. The state fire
marshal shall have the authority to may charge a fee of ten dollars
to each applicant requesting a license to be a pyrotechnic operator
as set forth in this article. The state fire marshal shall charge
a scaled fee for all applications requesting permits to establish
a pyrotechnics display as provided in this section. All fees
required to be paid by the provisions of this section shall be paid
to the state fire marshal and thereafter deposited by him or her
into a special account for the operation of the state fire
commission. Such permits Permits may be granted upon application
to said the state fire marshal and after approval of the local
police and fire authorities of the community wherein the display is
proposed to be held as provided herein and the filing of a bond by
the applicant as provided hereinafter. Every such display shall be
handled by a competent operator licensed or certified as to competency by the state fire marshal and shall be of such
composition, character, and so located, discharged or fired as in
the opinion of the chief of the fire department, after proper
inspection, and of the chief of police as to not be hazardous to
property or endanger any person or persons. After such the
privilege shall have has been granted, the sale, possession, use
and distribution of fireworks for such display shall be is lawful
for that purpose only. No permit granted hereunder shall be is
transferable.
The governing body or chief executive authority of the
municipality shall require a bond from the licensee in a sum not
less than one thousand dollars conditioned on compliance with the
provisions of this article and the regulations of the state fire
commission: Provided, That no municipality shall may be required
to file such a bond.
Before any permit for a pyrotechnic display shall be is
issued, the person, firm or corporation making application therefor
shall furnish proof of financial responsibility to satisfy claims
for damages to property or personal injuries arising out of any act
or omission on the part of such that person, firm or corporation or
any agent or employee thereof, in such amount, character and form as the state fire marshal determines to be necessary for the
protection of the public.
NOTE: The purpose of this bill is to prohibit the use of
fireworks displays at private residences.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.