Amended in Senate June 3, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 467

Introduced by Assembly Member Chang

February 23, 2015

An act to amend Sections begin delete 12519 and 12520 end delete begin insert 12519, 12520, 12565, 12602, 12632, 12634, 12640, 12688, and 12722 end insert of the Health and Safety Code, relating to explosives.

LEGISLATIVE COUNSEL’S DIGEST

AB 467, as amended, Chang. Pyrotechnic devices: model rockets.

Existing law authorizes the State Fire Marshal to issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices. Existing law provides that a license shall not be required for the retail sale, use, or discharge of model rocket engines. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits the importation, sale, or offering for sale prior to the classification. Existing law requires all fireworks or toy propellant devices containing pyrotechnic compositions that the State Fire Marshal finds come within the definition of a “model rocket” or “model rocket engine” to be classified as model rocket engines. Existing law prohibits a person from launching a model rocket from a site without first securing authorization from the authority having jurisdiction. Existing law defines a model rocket as a toy or educational device that weighs not more than 500 grams, including the engine and any payload, that is propelled by a model rocket engine. Existing law defines a model rocket engine as a commercially manufactured, nonreusable rocket propulsion device that is constructed of nonmetallic casing and solid propellant, as provided.

This bill would add to the definition of “model rocket” a requirement that it conform to the definition of “model rocket” as used in the 2013 edition of the “NFPA 1122: Code for Model begin delete Rocketry” end delete begin insert Rocketry,” or a more recent edition as adopted by the State Fire Marshal, end insert and would increase the maximum weight of a model rocket to not more than 1500 grams. begin insert This bill would change all references in statute to model rocket engines to instead refer to model rocket motors. end insert The bill would revise the definition of “model rocket begin delete engine” end delete begin insert motor end insert begin insert ” end insert to mean a rocket propulsion device using commercially manufactured solid propellant that does not require mixing by the user and that conforms to the definition of “model rocket begin delete engine” end delete begin insert motor end insert begin insert ” end insert as used in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket begin delete Motors.” end delete begin insert Motors,” or a more recent edition as adopted by the State Fire Marshal. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 12519 of the Health and Safety Code is
amended to read:

12519.  

“Model rocket” means a toy or educational device that
weighs not more than 1500 grams, including the engine and any
payload, that is propelled by a model rocket begin delete engine, end delete begin insert motor, end insert and
that conforms to the definition of “model rocket” in the 2013
edition of the “NFPA 1122: Code for Model begin delete Rocketry.” end delete begin insert Rocketry,”
or a more recent edition as adopted by the State Fire Marshal. end insert

SEC. 2.  

Section 12520 of the Health and Safety Code is
amended to read:

12520.  

“Model rocket begin delete engine” end delete begin insert motor end insert begin insert ” end insert means a rocket
propulsion device using commercially manufactured solid
propellant, that does not require mixing by the user, and that
conforms to the definition of “model rocket begin delete engine” end delete begin insert motor” end insert in the
2012 edition of the “NFPA 1125: Code for the Manufacture of
Model Rocket and High Power Rocket begin delete Motors.” end delete begin insert Motors,” or a
more recent edition as adopted by the State Fire Marshal. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12565 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

12565.  

All fireworks or toy propellent devices containing
pyrotechnic compositions examined by the State Fire Marshal and
found by him begin insert or her end insert to come within the definition of “model
rocket” or “model rocket begin delete engine” end delete begin insert motor end insert begin insert ” end insert in Section 12519 or
12520, respectively, shall be classified as model rocket begin delete engines. end delete
begin insert motors. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 12602 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

12602.  

A license shall not be required for the retail sale, use,
or discharge of agricultural and wildlife fireworks, model rocket
begin delete engines, end delete begin insert motors, end insert or emergency signaling devices.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 12632 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

12632.  

The original and annual renewal license fee to
manufacture, import, export, or wholesale, or any combination
thereof, model rocket begin delete engines end delete begin insert motors end insert shall be established and
collected by the State Fire Marshal.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 12634 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

12634.  

When a license to manufacture, wholesale, or import
and export fireworks has been issued pursuant to Section 12571,
12572, or 12573, respectively, a separate license for the same
person to manufacture, wholesale, import, or export agricultural
and wildlife fireworks or model rocket begin delete engines end delete begin insert motors end insert pursuant
to Section 12631 or 12632 shall not be required where the license
allows begin delete such end delete begin insert the end insert activity with respect to other fireworks.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 12640 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

12640.  

In any case where this chapter requires that a permit
be obtained from the State Fire Marshal, or in any case where the
public agency having local jurisdiction requires pursuant to this
chapter that a permit be obtained, begin delete any end delete begin insert a end insert licensee shall possess a
valid permit before performing any of the following:

(a) Manufacturing, importing, exporting, storing, possessing,
or selling dangerous fireworks at wholesale.

(b) Manufacturing, importing, exporting, storing, selling at
wholesale and retail safe and sane fireworks and transporting safe
and sane fireworks, except that a transportation permit shall not
be required for safe and sane fireworks possessed by retail
licensees.

(c) Manufacturing, importing, exporting, possessing, storing,
transporting, using, selling at wholesale and retail, those fireworks
classified by the State Fire Marshal as agricultural and wildlife
fireworks.

(d) Manufacturing, importing, exporting, possessing, storing,
selling at wholesale and retail, model rocket begin delete engines. end delete begin insert motors. end insert

(e) Discharging dangerous fireworks at any place, including a
public display.

(f) Using special effects.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 12688 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

12688.  

It is unlawful for begin delete any end delete begin insert a end insert person to advertise to sell or
transfer any class of fireworks, including agricultural and wildlife
fireworks or model rocket begin delete engines, end delete begin insert motors, end insert unless he begin insert or she end insert
possesses a valid license or permit.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 12722 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

12722.  

The following fireworks may be seized pursuant to
Section 12721:

(a) Those fireworks begin delete which end delete begin insert that end insert are sold, offered for sale,
possessed, stored, used, or transported within this state prior to
having been examined, classified, and registered by the State Fire
Marshal, except those specific items designated as samples pending
examination, classification, and registration by the State Fire
Marshal where the licensee provides documentary evidence that
begin delete such end delete begin insert the end insert action by the State Fire Marshal is pending.

(b) All imported fireworks possessed without benefit of the
filing of notices as required by this part.

(c) Safe and sane fireworks stored in violation of the conditions
required by the permit as provided in this part.

(d) Safe and sane fireworks sold or offered for sale at retail
begin delete which end delete begin insert that end insert do not bear the State Fire Marshal label of registration
and firing instructions.

(e) Safe and sane fireworks sold or offered for sale at retail
begin delete which end delete begin insert that end insert are in unsealed packages or containers begin delete which end delete begin insert that end insert do
not bear the State Fire Marshal label of registration and firing
instructions.

(f) Safe and sane fireworks sold or offered for sale at retail
before 12 noon on the 28th day of June or after 12 noon on the
sixth day of July of each year.

(g) Each safe and sane fireworks item sold or offered for sale
at retail begin delete which end delete begin insert that end insert does not have its fuse or other igniting device
protected by a cap approved by the State Fire Marshal, or groups
of fireworks with exposed fuses begin delete which end delete begin insert that end insert are not enclosed in
sealed packages begin delete which end delete begin insert that end insert bear the State Fire Marshal label of
registration. The State Fire Marshal shall approve begin delete such end delete begin insert the end insert caps
as he begin insert or she end insert determines provide reasonable protection from
unintentional ignition of the fireworks.

(h) Dangerous fireworks, including fireworks kits, used,
possessed, stored, manufactured, or transported by begin delete any end delete begin insert a end insert person
who does not possess a valid permit authorizing begin delete any end delete begin insert an end insert activity
listed in this part.

(i)  begin delete Any fireworks end delete begin insert Fireworks end insert stored or sold in begin delete any end delete begin insert a end insert public
garage or public oil station, or on any premises where gasoline or
any other class 1 flammable liquids are stored or dispensed.

(j)  begin delete Any fireworks end delete begin insert Fireworks end insert still possessed by a person who
has just thrown any ignited fireworks at begin delete any end delete begin insert a end insert person or group of
persons.

(k)  begin delete Any model end delete begin insert Model end insert rocket begin delete engines end delete begin insert motors end insert or model rockets
with begin delete engines end delete begin insert motors end insert possessed by begin delete any end delete begin insert a end insert person begin delete not holding end delete begin insert who
does not hold end insert a valid permit.

(l)  begin delete Any emergency end delete begin insert An emergency end insert signaling device sold, offered
for sale, or used begin delete which end delete begin insert that end insert does not bear the State Fire Marshal
label of registration as required by this part.

(m)  begin delete Any fireworks end delete begin insert Fireworks end insert or pyrotechnic device offered for
sale by begin delete any end delete begin insert a end insert person violating begin delete any provision of end delete this part.