SECTION I. TITLE

(a) This bill shall be known and may be cited as the "Fireworks Use and Sale Enforcement Act".

(b) This bill shall also be known and may be cited as the "FUSE ACT".

SECTION II. FINDINGS AND DECLARATIONS

(a) Fireworks have the potential to cause serious injury, death, and property damage.

(b) The use of illegal fireworks poses a risk to public safety but also can cause disturbances to peace and tranquility in communities.

(c) The responsible sale, use, and regulation of fireworks can promote public safety and enjoyment, while protecting against the risk of fire, injuries, and property damage.

(d) It is important to establish clear guidelines and regulations for the sale, use, and possession of fireworks in the state of San Andreas, in order to promote public safety, and to establish penalties for those who violate these guidelines and regulations.

(e) By enacting this bill, the Legislature seeks to balance the legitimate interests of the public in the use of fireworks for recreation and entertainment with the need to protect public health and safety, and to ensure that fireworks are used in a safe and responsible manner.

SECTION III. DEFINITIONS AND EXPLANATIONS

For the purposes of this Act, the following terms shall have the meanings ascribed to them

(a) "Safe and Sane Fireworks" are defined as small fireworks devices designed to produce visible and audible effects by combustion, and which comply with the construction, chemical composition and labeling regulations for Safe and Sane Fireworks of The Office of the State Fire Marshal.

(b) "Exempt Fireworks" are defined as fireworks designed for an use other than amusement, such as industrial, commercial, agricultural, religious or other special uses, and which comply with the construction, chemical composition and labeling regulations for Exempt Fireworks of The Office of the State Fire Marshal.

(c) "Dangerous Fireworks" are defined as large fireworks devices that are designed primarily for public displays and that are not intended for use by consumers. Any fireworks which do not comply with the construction, chemical composition and labeling regulations of The Office of the State Fire Marshal, and that do not fit the definition of "Safe and Sane Fireworks" or "Exempt Fireworks" fall under this category.

(d) "Manufacterer" is defined as any person, partnership, corporation or entity engaged in the business of manufacturing fireworks.

(e) "Seller" is defined as any person, partnership, corporation or entity engaged in the business of selling fireworks to consumers or other sellers.

(g) "Fireworks Storage Facility" is defined as any building, structure or outdoor location used for the storage of fireworks.

(h) "Pyrotechnic Operator’s License" is defined as a license required for the operation of exempt fireworks.

SECTION I. REGULATORY ENTITY

(a) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and Fire Protection is the only authorized agency with the ability, responsibility and duty of establishing regulations regarding the construction, chemical composition and labeling of fireworks.

(b) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and FIre Protection is the only authorized agency with the ability, responsibility and duty of publishing a list of Safe and Sane Fireworks, and a list of Exempt Fireworks, in such manner that they are easily accessible and available for the public.

(c) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and FIre Protection is the only authorized agency with the ability, responsibility and duty of establishing licensing processes for firework manufacturers and their facilities.

(d) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and FIre Protection is the only authorized agency with the ability, responsibility and duty of establishing licensing processes for firework sellers and their facilities.

(e) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and FIre Protection is the only authorized agency with the ability, responsibility and duty of establishing licensing processes for firework storage facilities.

(f) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and FIre Protection is the only authorized agency with the ability, responsibility and duty of establishing a process for obtaining a Pyrotechnic Operator's License.

(g) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and Fire Protection is the only authorized agency with the ability, responsibility and duty of establishing locations for the lawful use of fireworks.

(h) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and Fire Protection is the only authorized agency with the ability, responsibility and duty of establishing  time periods for the lawful use of fireworks.

(i) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and Fire Protection is the only authorized agency with the ability, responsibility and duty of establishing time periods for the lawful sale of fireworks.

(j) The Office of the State Fire Marshal, under the San Andreas Department of Forestry and Fire Protection is the only authorized agency with the ability, responsibility and duty of authorizing and directly supervising the use, sale or manufacturing of Dangerous Fireworks.

SECTION II. SAFE AND SANE FIREWORKS

(a) It is unlawful for any individual to use Safe and Sane Fireworks outside the areas authorized by The Office of the State Fire Marshal.

(b) It is unlawful for any individual to use Safe and Sane Fireworks outside of the time periods authorized by The Office of the State Fire Marshal.

SECTION III. EXEMPT FIREWORKS

(a) It is unlawful for any person without a Pyrotechnic Operator's License to possess or use Exempt Fireworks.

(b) It is unlawful for any person to use Exempt Fireworks outside the areas authorized by The Office of the State Fire Marshal.

(c) It is unlawful for any person to use Exempt Fireworks outside of the time periods authorized by The Office of the State Fire Marshal.

(d) It is unlawful for any person to use Exempt Fireworks for means other than those authorized by The Office of the State Fire Marshal.

SECTION IV. DANGEROUS FIREWORKS

(a) It is unlawful for any person, partnership, corporation or entity to possess or use Dangerous Fireworks, except when directly authorized and supervised by the Office of the State Fire Marshal.

(b) It is unlawful for any person to sell Dangerous Fireworks, except when directly authorized and supervised by the Office of the State Fire Marshal.

(c) It is unlawful for any person to manufacture Dangerous Fireworks, except when directly authorized and supervised by the Office of the State Fire Marshal.

SECTION V. MANUFACTURING

(a) It is unlawful for any person, partnership, corporation or entity to manufacture fireworks, except when licensed by the Office of the State Fire Marshal.

(b) It is unlawful for any person, partnership, corporation or entity to manufacture fireworks outside facilities licensed by the Office of the State Fire Marshal.

SECTION VI. SELLING

(a) It is unlawful for any person, partnership, corporation or entity to sell Safe And Sane fireworks, except when licensed by the Office of the State Fire Marshal.

(b) It is unlawful for any person, partnership, corporation to sell fireworks outside facilities licensed by the Office of the State Fire Marshal.

SECTION VII. STORING

(a) It is unlawful for any person, partnership, corporation or entity to store fireworks, except when licensed by the Office of the State Fire Marshal.

(b) It is unlawful for any person, partnership, corporation or entity to store fireworks outside facilities licenses by the Office of the State Fire Marshal.

SECTION VIII. MINORS

(a) It is unlawful for any person under 18 years of age to possess or use fireworks of any kind.

(a) It is unlawful for any person, partnership, corporation or entity to give, sell or facilitate access of fireworks to any individual under 18 years of age.

(c) It is unlawful for any person under 18 years of age to manufacture fireworks.

(d) It is unlawful for any person under 18 years of age to sell fireworks.

(e) It is unlawful for any person under 18 years of age to store fireworks.

(a) Pursuant to Chapter III, Subsection (a), IC 614 is added to the Penal Code

614. Safe and Sane Fireworks Violation (I)

Any person(s) who fail to abide by the provisions of the Fireworks Use and Safety Enforcement Act, Chapter II, Section II

This offense shall be liable under a Class C infraction punishable by a fine of $3,000.

(b) Pursuant to Chapter III, Subsection (b), IC 615 is added to the Penal Code

615. Exempt Fireworks Violation (I)

Any person(s) who fail to abide by the provisions of the Fireworks Use and Safety Enforcement Act, Chapter II, Section III

This offense shall be liable under a Class C infraction punishable by a fine of $10,000.

(c) Pursuant to Chapter III, Subsection (c), IC 616 is added to the Penal Code

616. Manufacturing Fireworks Violation (I)

Any person(s) who fail to abide by the provisions of the Fireworks Use and Safety Enforcement Act, Chapter II, Section V

This offense shall be liable under a Class C infraction punishable by a fine of $50,000.

(d) Pursuant to Chapter III, Subsection (d), IC 617 is added to the Penal Code

617. Selling Fireworks Violation (I)

Any person(s) who fail to abide by the provisions of the Fireworks Use and Safety Enforcement Act, Chapter II, Section VI


This offense shall be liable under a Class C infraction punishable by a fine of $20,000.

(e) Pursuant to Chapter III, Subsection (e), IC 618 is added to the Penal Code

618. Storing Fireworks Violation (I)

Any person(s) who fail to abide by the provisions of the Fireworks Use and Safety Enforcement Act, Chapter II, Section VII

This offense shall be liable under a Class C infraction punishable by a fine of $20,000.

 (f) Pursuant to Chapter III, Subsection (f), MC 619 is added to the Penal Code

619. Minor-related Fireworks Violation (M)

Any person(s) who fail to abide by the provisions of the Fireworks Use and Safety Enforcement Act, Chapter II, Section VIII

This offense shall be liable under a Class C misdemeanor punishable by no less than 2 Hours and no more than 2 Days of imprisonment, and a fine of $25,000.

(g) Pursuant to Chapter III, Subsection (g), FC 713 is added to the Penal Code

713. Unlicensed Manufacturing of Firearm or Explosives (F)

Any person who illegally produces, manufactures, crafts or assembles firearms, explosives, incendiary devices, or any other similar device or improvised devices of any type without proper permits or permissions.

(a) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title VI, code I(C) 614 - Safe and Sane Fireworks Violation', against any violator of Chapter II, Section II of this Bill.

(b) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title VI, code I(C) 615 - Exempt Fireworks Violation', against any violator of Chapter II, Section III of this Bill.

(c) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title VII, code F(C) 704 - Possession of an Explosive or Incendiary Device', against any violator of Chapter II, Section IV, subsection (a) of this Bill.

(d) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title VII, code F(C) 705 - Unlicensed Sale of Firearm or Explosives ', against any violator of Chapter II, Section IV, subsection (b) of this Bill.

(e) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title VII, code F(C) 713 - Unlicensed Manufacturing of Firearm or Explosives ', against any violator of Chapter II, Section IV, subsection (c) of this Bill.

(f) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title VI, code I(C) 616 - Manufacturing Fireworks Violation', against any violator of Chapter II, Section V of this Bill.

(g) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title VI, code I(C) 617 - Selling Fireworks Violation', against any violator of Chapter II, Section VI of this Bill.

(h) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title VI, code I(C) 618 - Selling Fireworks Violation', against any violator of Chapter II, Section VII of this Bill.

(i) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title VI, code I(C) 619 - Minor-related Fireworks Violation', against any violator of Chapter II, Section VIII of this Bill.

(j) Law enforcement officers shall apply the penalty, pursuant to 'San Andreas Penal Code, Title V, code F(C) 507 - Child Abuse', against any violator of Chapter II, Section VIII of this Bill, when the minor is put in a situation or circumstance that invites great bodily harm or injury, or actual damage is suffered due to the fireworks.