BILL NUMBER: AB 467 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 3, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Chang
FEBRUARY 23, 2015
An act to amend Sections 12519 and 12520
12519, 12520, 12565, 12602, 12632, 12634, 12640, 12688, and 12722
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
Rocketry" Rocketry," or a more recent edition as
adopted by the State Fire Marshal, and would increase the
maximum weight of a model rocket to not more than 1500 grams.
This bill would change all references in statute to model
rocket engines to instead refer to model rocket motors. The
bill would revise the definition of "model rocket engine"
motor " 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 engine" motor "
as used in the 2012 edition of the "NFPA 1125: Code for the
Manufacture of Model Rocket and High Power Rocket Motors."
Motors," or a more recent edition as adopted by the
State Fire Marshal.
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 engine,
motor, and that conforms to the definition of
"model rocket" in the 2013 edition of the "NFPA 1122: Code for Model
Rocketry." Rocketry," or a more recent
edition as adopted by the State Fire Marshal.
SEC. 2. Section 12520 of the Health and Safety Code is amended to
read:
12520. "Model rocket engine" motor
" 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
engine" motor" in the 2012 edition of the "NFPA
1125: Code for the Manufacture of Model Rocket and High Power Rocket
Motors." Motors," or a more recent edition as
adopted by the State Fire Marshal.
SEC. 3. Section 12565 of the Health and
Safety Code is amended to read:
12565. All fireworks or toy propellent devices containing
pyrotechnic compositions examined by the State Fire Marshal and found
by him or her to come within the definition of "model
rocket" or "model rocket engine" motor
" in Section 12519 or 12520, respectively, shall be
classified as model rocket engines. motors.
SEC. 4. Section 12602 of the Health and
Safety Code is amended to read:
12602. A license shall not be required for the retail sale, use,
or discharge of agricultural and wildlife fireworks, model rocket
engines, motors, or emergency signaling
devices.
SEC. 5. Section 12632 of the Health and
Safety Code is amended to read:
12632. The original and annual renewal license fee to
manufacture, import, export, or wholesale, or any combination
thereof, model rocket engines motors
shall be established and collected by the State Fire Marshal.
SEC. 6. Section 12634 of the Health and
Safety Code is amended to read:
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 engines motors
pursuant to Section 12631 or 12632 shall not be required where
the license allows such the activity
with respect to other fireworks.
SEC. 7. Section 12640 of the Health and
Safety Code is amended to read:
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, any a
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 engines.
motors.
(e) Discharging dangerous fireworks at any place, including a
public display.
(f) Using special effects.
SEC. 8. Section 12688 of the Health and
Safety Code is amended to read:
12688. It is unlawful for any a
person to advertise to sell or transfer any class of fireworks,
including agricultural and wildlife fireworks or model rocket
engines, motors, unless he or she
possesses a valid license or permit.
SEC. 9. Section 12722 of the Health and
Safety Code is amended to read:
12722. The following fireworks may be seized pursuant to Section
12721:
(a) Those fireworks which that 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 such the
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
which that 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
which that are in unsealed packages or
containers which that 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 which that 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
which that are not enclosed in sealed
packages which that bear the State Fire
Marshal label of registration. The State Fire Marshal shall approve
such the caps as he or she
determines provide reasonable protection from unintentional ignition
of the fireworks.
(h) Dangerous fireworks, including fireworks kits, used,
possessed, stored, manufactured, or transported by any
a person who does not possess a valid permit
authorizing any an activity listed in
this part.
(i) Any fireworks Fireworks stored or
sold in any a public garage or public
oil station, or on any premises where gasoline or any other class 1
flammable liquids are stored or dispensed.
(j) Any fireworks Fireworks still
possessed by a person who has just thrown any ignited fireworks at
any a person or group of persons.
(k) Any model Model rocket
engines motors or model rockets with
engines motors possessed by any
a person not holding who
does not hold a valid permit.
( l ) Any emergency An
emergency signaling device sold, offered for sale, or used
which that does not bear the State Fire
Marshal label of registration as required by this part.
(m) Any fireworks Fireworks or
pyrotechnic device offered for sale by any a
person violating any provision of this part.