BILL NUMBER: AB 467 CHAPTERED
BILL TEXT
CHAPTER 106
FILED WITH SECRETARY OF STATE JULY 15, 2015
APPROVED BY GOVERNOR JULY 15, 2015
PASSED THE SENATE JUNE 25, 2015
PASSED THE ASSEMBLY JULY 2, 2015
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, 12520, 12565, 12602, 12632, 12634,
12640, 12688, and 12722 of the Health and Safety Code, relating to
explosives.
LEGISLATIVE COUNSEL'S DIGEST
AB 467, 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,"
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 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 motor" as used in the 2012 edition of the
"NFPA 1125: Code for the Manufacture of Model Rocket and High Power
Rocket Motors," or a more recent edition as adopted by the State Fire
Marshal.
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 motor, and that conforms
to the definition of "model rocket" in the 2013 edition of the "NFPA
1122: Code for Model 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 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 motor" in the 2012 edition of the "NFPA 1125: Code for
the Manufacture of Model Rocket and High Power Rocket 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 motor" in Section 12519 or 12520, respectively, shall
be classified as model rocket 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
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 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 motors pursuant to Section 12631 or 12632
shall not be required where the license allows 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, 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 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 a person to advertise to sell or
transfer any class of fireworks, including agricultural and wildlife
fireworks or model rocket 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 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 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
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
that are in unsealed packages or containers 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 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 that are not enclosed in sealed packages that bear
the State Fire Marshal label of registration. The State Fire Marshal
shall approve 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 a person who does
not possess a valid permit authorizing an activity listed in this
part.
(i) Fireworks stored or sold in 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) Fireworks still possessed by a person who has just thrown any
ignited fireworks at a person or group of persons.
(k) Model rocket motors or model rockets with motors possessed by
a person who does not hold a valid permit.
( l ) An emergency signaling device sold, offered for
sale, or used that does not bear the State Fire Marshal label of
registration as required by this part.
(m) Fireworks or pyrotechnic device offered for sale by a person
violating this part.