SB 828: Fireworks licenses and permits: disqualifying conditions: local jurisdictions.

25132.

(a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.

(b) Every violation that is an infraction is punishable by the following:

(1) A fine not exceeding one hundred dollars ($100) for a first violation.

(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.

(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.

(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:

(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.

(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.

(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(d) (1) Notwithstanding any other law, including subdivisions (b), (c), and (e), a violation of an event permit requirement that is an infraction is punishable by the following:

(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.

(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.

(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.

(2) (A) For purposes of this subdivision, “violation of an event permit requirement” means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.

(B) For purposes of this paragraph, the following definitions apply:

(i) “Commercial in nature” means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.

(ii) “Commercial benefit” means any remuneration received in exchange for allowing the property upon which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.

(e) (1) Notwithstanding any other law, including subdivisions (b), (c), and (d), the violation of a short-term rental ordinance that is an infraction is punishable by the following:

(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.

(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.

(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.

(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.

(3) For purposes of this section, “residential dwelling” means a private structure designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.

(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first-time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a county, or city and county, to establish lower fines for specific violations by ordinance.

(f) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (e), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by a responsible party that the responsible party has made a bona fide effort to comply after the first violation, and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

(g) Notwithstanding any other law, a violation relating to fireworks, as defined in Section 12511 of the Health and Safety Code, that is an infraction is punishable by the following:

(1) A fine not exceeding one thousand dollars ($1,000) for a first violation.

(2) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.

(3) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.

25132.

(a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.

(b) Every violation that is an infraction is punishable by the following:

(1) A fine not exceeding one hundred dollars ($100) for a first violation.

(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.

(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.

(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:

(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.

(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.

(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(d) (1) Notwithstanding any other law, including subdivisions (b), (c), and (e), a violation of an event permit requirement that is an infraction is punishable by the following:

(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement.

(B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.

(C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.

(2) (A) For purposes of this subdivision, “violation of an event permit requirement” means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.

(B) For purposes of this paragraph, the following definitions apply:

(i) “Commercial in nature” means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event.

(ii) “Commercial benefit” means any remuneration received in exchange for allowing the property upon which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.

(e) (1) Notwithstanding any other law, including subdivisions (b), (c), and (d), the violation of a short-term rental ordinance that is an infraction is punishable by the following:

(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.

(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.

(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.

(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.

(3) For purposes of this section, “residential dwelling” means a private structure designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.

(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first-time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a county, or city and county, to establish lower fines for specific violations by ordinance.

(f) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (e), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by a responsible party that the responsible party has made a bona fide effort to comply after the first violation, and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

(g) (1) Notwithstanding subdivisions (b), (c), (d), and (e), a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet that is an infraction is punishable by the following:

(A) A fine not exceeding one thousand dollars ($1,000) for a first violation.

(B) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.

(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.

(2) The amounts in paragraph (1) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration.

(3) Nothing in this subdivision shall limit the authority of a county to establish fines or penalties under any other provision of law.

(h) Notwithstanding any other law, a violation relating to fireworks, as defined in Section 12511 of the Health and Safety Code, that is an infraction is punishable by the following:

(1) A fine not exceeding one thousand dollars ($1,000) for a first violation.

(2) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.

(3) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.

36900.

(a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.

(b) Every violation determined to be an infraction is punishable by the following:

(1) A fine not exceeding one hundred dollars ($100) for a first violation.

(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.

(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.

(c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:

(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.

(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.

(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(d) (1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:

(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.

(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.

(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.

(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.

(3) For purposes of this section, “residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.

(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first-time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a city, or city and county, to establish lower fines for specific violations by ordinance.

(e) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

(f) Notwithstanding any other law, a violation relating to fireworks, as defined in Section 12511 of the Health and Safety Code, that is an infraction is punishable by the following:

(1) A fine not exceeding one thousand dollars ($1,000) for a first violation.

(2) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.

(3) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.

36900.

(a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.

(b) Every violation determined to be an infraction is punishable by the following:

(1) A fine not exceeding one hundred dollars ($100) for a first violation.

(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.

(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.

(c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:

(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation.

(2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.

(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(d) (1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:

(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.

(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.

(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.

(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.

(3) For purposes of this section, “residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.

(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first-time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a city, or city and county, to establish lower fines for specific violations by ordinance.

(e) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

(f) (1) Notwithstanding subdivisions (b), (c), and (d), a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet that is an infraction is punishable by the following:

(A) A fine not exceeding one thousand dollars ($1,000) for a first violation.

(B) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.

(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.

(2) The amounts in paragraph (1) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration.

(3) Nothing in this subdivision shall limit the authority of a city to establish fines or penalties under any other provision of law.

(g) Notwithstanding any other law, a violation relating to fireworks, as defined in Section 12511 of the Health and Safety Code, that is an infraction is punishable by the following:

(1) A fine not exceeding one thousand dollars ($1,000) for a first violation.

(2) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation.

(3) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation.

12505.

“Dangerous fireworks” includes all of the following:

(a) Any fireworks that contain any of the following:

(1) Arsenic sulfide, arsenates, or arsenites.

(2) Boron.

(3) Chlorates, except:

(A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.

(B) In caps and party poppers.

(C) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate.

(4) Gallates or Gallic acid.

(5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).

(6) Mercury salts.

(7) Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).

(8) Picrates or picric acid.

(9) Thiocyanates.

(10) Titanium, except in particle size greater than 100-mesh.

(11) Zirconium.

(b) Firecrackers.

(c) Skyrockets and rockets, including all devices that may employ any combustible or explosive material and that rise in the air during discharge.

(d) Roman candles, including all devices that discharge balls of fire into the air.

(e) Chasers, including all devices that dart or travel about the surface of the ground during discharge.

(f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter.

(g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.

(h) Fireworks known as devil-on-the-walk, or any other firework that explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.

(i) Torpedoes of all kinds that explode on impact.

(j) Fireworks kits.

(k) Other fireworks examined and tested by the State Fire Marshal and determined by the State Fire Marshal, with the advice of the State Board of Fire Services, to possess characteristics of design or construction that make those fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.

(l) Any types of fireworks not examined and tested by the State Fire Marshal, excluding fireworks with a pending application for approval.

12512.

“Fireworks kit” means any assembly of materials or components, chemical substances, or mechanical parts that are packaged, marketed, or distributed with the intent that the purchaser will combine, mix, assemble, or otherwise prepare them into a device that, when completed, would meet the definition of fireworks under Section 12511. A fireworks kit may include, but is not limited to, any combination of oxidizing agents, fuels, or reducing agents, metal powders, binders, stabilizers, color-producing agents, ignition components, or containment materials, whether or not individually hazardous. Materials, components, chemical substances, or mechanical parts shipped together or separately from the same supplier for these purposes shall qualify under this definition as a fireworks kit.

12540.

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

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

(b) Arms and handguns defined as firearms by the Federal Gun Control Act of 1968, as well as those 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 United States Department of Defense, or by any agency or organization acting pursuant to a contract with the United States Department of Defense for the development and production of rockets or missiles.

12552.

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) Granting of licenses and permits for the manufacture, wholesale, import, export, and sale of all classes of fireworks.

(b) License requirements specific to importing fireworks that will not be sold within California, including in cases of either immediate transport from a California port to another state or short-term storage before the transportation of fireworks outside of California.

(c) Classification of fireworks and pyrotechnic devices.

(d) Registration of employees of licensees.

(e) Licenses and permits required for presentation of public displays.

(f) Granting of licenses and permits for research or experimentation with experimental or model rockets and missiles.

(g) Investigation, examination, and licensing of pyrotechnic operators of all classes.

(h) Registration of emergency signaling devices and the classification and use of exempt fireworks.

(i) Transportation of all classifications of fireworks, model rockets, emergency signaling devices, and exempt fireworks.

12588.

The State Fire Marshal may deny, without hearing, an application for a license or renewal of a license, if within five years before the date of application, the State Fire Marshal has denied or revoked a license after proceedings conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code for the same applicant on the ground of violation of this part.

12590.

The State Fire Marshal may deny or revoke any license issued pursuant to this part if the State Fire Marshal finds any of the following conditions has occurred:

(a) The licensee has failed to pay the annual renewal license fee provided in this chapter.

(b) The licensee or license applicant has violated any provisions of this part or any regulations adopted by the State Fire Marshal pursuant to this part.

(c) The licensee or license applicant has created or caused a fire nuisance.

(d) The licensee has failed to keep full, complete, and accurate records or failed to file any required reports.

(e) Any fact or condition exists which, if it had existed at the time of the original application for the license reasonably would have warranted the State Fire Marshal in refusing originally to issue the license.

(f) The permit issued under Section 12640 has been rescinded or revoked by the issuing authority.

(g) Any licensee or license applicant has refused to make available to the State Fire Marshal full, complete, and accurate records.

(h) (1) The licensee has failed to provide to the State Fire Marshal the documentation or information required pursuant to Section 12640.1.

(2) The license applicant has failed to provide to the State Fire Marshal the documentation or information described in Section 12640.1, excluding documentation related to permits that may only be acquired by those who already possess a license.

12590.5.

(a) Applicants for a wholesaler’s license, a manufacturer’s license, an importer’s license, or an exporter’s license shall disclose the complete street addresses of all storage facilities in California for any fireworks on their initial application and shall advise the State Fire Marshal of any new, relocated, or nonoperational facility.

(b) (1) A wholesaler licensee, manufacturer licensee, importer licensee, or exporter licensee shall notify the Office of the State Fire Marshal, county administrator, sheriff, police chief, and applicable city manager, or if there is no city manager, chief administrative officer, of the complete street addresses within the respective jurisdictions of the notified entity of any intended storage facilities for any fireworks.

(2) In addition to any penalties imposed pursuant to Chapter 8 (commencing with Section 12700), a person who violates paragraph (1) shall be fined no less than ten thousand dollars ($10,000) and the State Fire Marshal may revoke their license.

(c) The State Fire Marshal shall, by regulation, establish when the wholesaler licensee, manufacturer licensee, importer licensee, or exporter licensee shall provide the documentation required pursuant to this section as necessary to carry out the purposes of this part.

12590.6.

The Office of the State Fire Marshal shall, upon approval of an application for a wholesaler’s license, a manufacturer’s license, an importer’s license, or an exporter’s license, notify the following parties of any storage site reported on the application:

(a) The applicable county administrator and city manager or, if there is no city manager, chief administrative officer.

(b) The applicable local fire chief.

(c) The applicable local unified program agency, as defined in Section 25404.

(d) The applicable sheriff and police chief.

12591.

The State Fire Marshal may, upon three days’ notice, suspend any license for a period not exceeding 90 days pending investigation of any violation of the provisions of this part. This suspension is not subject to the hearing requirements of Sections 12592 and 12593.

12607.

The State Fire Marshal may deny the application for a license or the application for renewal of a license filed by a person who meets any of the following conditions:

(a) The person has been convicted of a felony.

(b) The person has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offense contained in Chapter 1 (commencing with Section 450) of Title 13 of Part 1 of the Penal Code.

(c) The person is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

(d) The person is prohibited from handling explosives under federal law.

(e) The person is ineligible for a Federal Explosives License issued by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.

(f) The person was subject to either a previous federal or state seizure action related to fireworks or a previous denial or revocation of a federal or state fireworks license.

12619.

All import and export licensees shall file a notice with the State Fire Marshal before the arrival of any class of fireworks subject to the license the import and export licensee holds. The notice shall state all of the following:

(a) Estimated date of arrival.

(b) Type, kind, and quantity of fireworks.

(c) Name of carrier.

(d) Point of origin and bill of lading number.

(e) Name and address of consignee.

(f) Load number or other identification carton marks.

(g) Street address and county of the facilities in which the fireworks will be stored.

12619.1.

An import or export licensee shall provide the notice described in Section 12619 to the local jurisdiction listed as the destination for the fireworks.

12635.

Except as otherwise provided, all of the moneys collected pursuant to this part shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section 13137 and shall be available, when appropriated by the Legislature, to the State Fire Marshal to carry out this part.

12640.1.

(a) The holder of a wholesaler’s license, a manufacturer’s license, an importer’s license, or an exporter’s license shall provide to the State Fire Marshal the following, if applicable:

(1) Documentation affirming the possession of a permit applicable to fireworks activity required by the public agency having local jurisdiction pursuant to this chapter.

(2) Documentation affirming the possession of a Federal Explosives License issued by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.

(3) Documentation affirming possession of necessary local land use permits or other entitlements required by the public agency having local jurisdiction pursuant to this chapter.

(4) Information about the storage sites for the fireworks.

(b) The State Fire Marshal shall allow the applicable public agency an opportunity to validate the permit or entitlement assertions of the licensee as described in paragraphs (1), (3), and (4) of subdivision (a), and shall furnish to the public agency a copy of any license issued to the licensee pursuant to Chapter 5 (commencing with Section 12570).

(c) The State Fire Marshal shall, by regulation, establish when the licensee shall provide the documentation required pursuant to this section as necessary to carry out the purposes of this part.

(d) Upon validation pursuant to subdivision (b), the applicable public agency, including a city, county, city and county, or fire protection district, may impose reasonable fees and conduct inspections consistent with Sections 12640.2 and 12640.3.

12640.2.

(a) A public agency having local jurisdiction pursuant to this chapter, including a city, county, city and county, or fire protection district, may adopt by ordinance or resolution a schedule of fees to recover the reasonable costs incurred in administering, processing, inspecting, and enforcing the conditions of permits required pursuant to this chapter for fireworks activities or storage within its jurisdiction.

(b) The fees authorized by this section may include, but are not limited to, costs associated with any of the following:

(1) Reviewing applications and documentation submitted under Section 12640.1.

(2) Conducting initial and annual inspections of facilities or storage sites where fireworks are manufactured, stored, sold, or otherwise handled.

(3) Verifying compliance with local land use, zoning, and fire safety regulations.

(4) Responding to complaints or violations related to fireworks operations.

(c) All fees collected under this section shall be deposited into a special fund of the public agency having local jurisdiction pursuant to this chapter and used exclusively for the activities described in this section.

12640.3.

(a) The chief of the fire department, fire marshal, or chief fire prevention officer of the city, county, city and county, or fire protection district or other public agency having jurisdiction pursuant to this chapter, or their authorized representative, is authorized to enter and inspect, at reasonable times, any premise, facility, or storage site used for the manufacture, storage, sale, or display of fireworks to determine compliance with this chapter, the regulations of the State Fire Marshal, and applicable local fire codes.

(b) A public agency having local jurisdiction pursuant to this chapter, including a city, county, city and county, or fire protection district shall, at least once every 12 months, inspect each fireworks facility or storage site within its jurisdiction. The inspection shall include verification of the following:

(1) Permit validity and required documentation under Section 12640.1.

(2) Compliance with the fireworks storage, separation, and safety requirements of Title 19 (commencing with Section 1.00) and Title 24 of the California Code of Regulations.

(3) Maintenance of required fire protection systems and safety signage.

(c) A public agency having local jurisdiction pursuant to this chapter, including a city, county, city and county, or fire protection district may require correction of any unsafe or noncompliant condition identified during inspection and may suspend or revoke the local permit until compliance is achieved. If a public agency suspends or revokes the local permit, the public agency shall notify the State Fire Marshal.

(d) Nothing in this section diminishes or otherwise affects the authority of the Division of Occupational Safety and Health to inspect places of employment or enforce occupational safety and health standards established pursuant to Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code at places of employment where fireworks are manufactured, stored, sold, displayed, maintained, or otherwise handled.

12721.

The State Fire Marshal, their salaried deputies, or any chief of a fire department, or their authorized representatives, any fire protection agency, any other public agency authorized by statute to enforce the State Fire Marshal’s regulations, or local law enforcement agencies, may seize any fireworks described in this part. The State Fire Marshal, any chief of a fire department, any fire protection agency, any other public agency authorized to enforce the State Fire Marshal’s regulations, or any local law enforcement agency may charge any person, firm, or corporation, whose fireworks are seized pursuant to this section, an amount that is sufficient to cover the cost of transporting, storing, and handling the seized fireworks. When the State Fire Marshal, other enforcing officer or agency described in this section, or a court determines that a person’s, firm’s, or corporation’s fireworks are illegally or erroneously seized, or if legal proceedings do not result in a conviction for violation of any provision of this part, any funds collected pursuant to this section shall be refunded, or if charged but unpaid, canceled.

12726.

(a) The dangerous fireworks seized pursuant to this part shall be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal and in accordance with subdivision (b) at any time after the final determination of proceedings under Section 12724, or upon final termination of proceedings under Section 12593, whichever is later. If no proceedings are commenced pursuant to Section 12724, the State Fire Marshal shall manage the dangerous fireworks in a manner prescribed by the State Fire Marshal and in accordance with subdivision (b).

(b) (1) The State Fire Marshal shall ensure that any dangerous fireworks seized pursuant to this part that are identified by the State Fire Marshal as hazardous waste are managed in accordance with California and federal hazardous waste laws and regulations. The State Fire Marshal shall ensure that this hazardous waste is shipped only by registered hazardous waste transporters and treated, stored, or disposed of only by authorized hazardous waste facilities.

(2) When managing fireworks seized pursuant to this part, the State Fire Marshal shall not repurpose, transfer, or sell the seized fireworks for purposes of retail sale.

(3) Management of fireworks seized pursuant to this part shall only involve the following actions:

(A) Use by fire and law enforcement agencies for safety, education, training, testing, and enforcement purposes.

(B) Use by the Office of the State Fire Marshal and the United States Consumer Product Safety Commission for regulatory compliance testing and comparison.

(C) Held for testing, comparison, or disposal in the interest of public safety, if identified and seized pursuant to a recall issued by the United States Consumer Product Safety Commission.

(D) Reclassification by the Office of the State Fire Marshal from a consumer product to a hazardous waste, and disposed of in accordance with applicable laws governing hazardous waste.

(E) Deconstruction or alteration by the arson and bomb unit of the Office of the State Fire Marshal, local public safety bomb squads, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, or the Federal Bureau of Investigations, for purposes of testing, as it relates to the investigation of criminal, terrorist, or civil disobedience acts.

(F) Held for investigation, as it relates to counterfeit or illicit seals of the State Fire Marshal, product packaging, labeling, coding, inspection labeling, manufacturer labeling, or importer or exporter labeling.

(G) Held by the Office of the State Fire Marshal as evidence for local, state, or federal criminal prosecution.

(H) Use by the arson and bomb unit of the Office of the State Fire Marshal for fireworks education, testing, disposal, enforcement, and investigations not addressed in subparagraphs (A) to (G), inclusive.