2007 California Health and Safety Code Chapter 7. Violations

CA Codes (hsc:12670-12692)

12670.  It is unlawful for any person to advertise that he is in any
business or venture involving fireworks or pyrotechnic devices or
shall cause his name or business name style to be included in any
classified advertisement or directory under a classification which
includes the word fireworks, unless he is licensed pursuant to this
part.



12671.  It is unlawful for any person to sell, offer for sale, use,
discharge, possess, store, or transport any type of fireworks within
this state unless the State Fire Marshal has classified and
registered such fireworks.


12672.  It is unlawful for any person to sell, or offer for sale,
safe and sane fireworks at any time outside of the period specified
in Section 12599.


12673.  It is unlawful for any person to store any fireworks without
having in his possession a valid permit as required by this part.



12674.  It is unlawful for any person to store or possess any
fireworks for which a license is required and which has been revoked
or surrendered or any license which has not been renewed and such
storage or possession is held beyond the period provided for in
Section 12604.



12675.  It is unlawful for any person to fail to record on each bill
of lading, manifest or invoice issued to cover the sale or shipment
of fireworks, the license number of both the seller or shipper and
the buyer or receiver, unless the sale or shipment is made to
nonlicensees in accordance with the provisions of his license.




12676.  It is unlawful for any person to sell, transfer, give,
deliver, or otherwise convey title of any dangerous fireworks,
including fireworks kits, to any person in this state who does not
possess and present to the seller or donor for inspection at the time
of transfer, a valid permit to receive, use, or transport dangerous
fireworks as provided in this part.



12677.  It is unlawful for any person to possess dangerous fireworks
without holding a valid permit.



12678.  It is unlawful for any person to use or discharge
agricultural and wildlife fireworks without first securing a permit
as provided in this part.


12679.  It is unlawful for any person to store, sell, or discharge
any type of fireworks in or within 100 feet of a location where
gasoline or any other flammable liquids are stored or dispensed.



12680.  (a) Except as provided in subdivision (b) or (c), it is
unlawful for any person to place, throw, discharge or ignite, or fire
dangerous fireworks at or near any person or group of persons where
there is a likelihood of injury to that person or group of persons or
when the person willfully places, throws, discharges, ignites, or
fires the fireworks with the intent of creating chaos, fear, or
panic.
   (b) Subdivision (a) does not apply to a person described in
Section 12517 who uses special effects.  For purposes of this
subdivision, "special effects" means articles containing any
pyrotechnic composition manufactured and assembled, designed, or
discharged in connection with television, theater, or motion picture
productions, which may or may not be presented before live audiences,
and any other articles containing any pyrotechnic composition used
for commercial, industrial, educational, recreational, or
entertainment purposes when authorized by the authority having
jurisdiction.
   (c) Subdivision (a) does not apply to a person holding a fireworks
license issued pursuant to Chapter 5 (commencing with Section
12570).



12681.  It is unlawful for any person to sell or transfer any safe
and sane fireworks to a consumer or user thereof other than at a
fixed place of business of a retailer for which a license and permit
has been issued.


12682.  It is unlawful for any person to allow or permit a fire
nuisance, as defined in Section 12510, to exist on any premises where
any fireworks are manufactured, sold, assembled, discharged,
packaged, stored, or distributed.  The authority to determine that a
fire nuisance exists shall be vested in those officers identified in
Section 12721.



12683.  It is unlawful for any person to sell, use, or discharge any
emergency signaling device not registered by the State Fire Marshal.



12684.  It is unlawful for any person to use or discharge any
registered emergency signaling device in any manner other than that
permitted by the instructions for use.



12685.  It is unlawful for any person to conduct a public display
without possessing a valid permit for this purpose.



12686.  It is unlawful for any person to use any special effects
fireworks unless he possesses a pyrotechnic operator license.



12687.  It is unlawful for any person to sell, transfer, give, or
deliver any special effects fireworks to any person not licensed as a
pyrotechnic operator.


12688.  It is unlawful for any person to advertise to sell or
transfer any class of fireworks, including agricultural and wildlife
fireworks or model rocket engines, unless he possesses a valid
license or permit.


12689.  (a) It is unlawful for any person to sell, give, or deliver
any dangerous fireworks to any person under 18 years of age.
   (b) It is unlawful for any person who is a retailer to sell or
transfer any safe and sane fireworks to a person who is under 16
years of age.
   (c) Except as otherwise provided in subdivision (d), it is
unlawful for any person who is a retailer to sell or transfer to a
person under the age of 18 any rocket, rocket propelled projectile
launcher, or similar device containing any explosive or incendiary
material whether or not the device is designed for emergency or
distance signaling purposes.  It is also unlawful for a minor to
possess such a device unless he or she has the written permission of,
or is accompanied by, his or her parent or guardian while it is in
his or her possession.
   (d) Model rocket products including model rockets, launch systems,
and model rocket motors designed, sold, and used for the purpose of
propelling recoverable model rockets may be sold or transferred
pursuant to regulations, adopted by the State Fire Marshal which the
Fire Marshal determines are reasonably necessary to carry out the
requirements of this part.


12690.  It is unlawful for any person to perform any act, or
transact or attempt to transact any business, with an expired license
or an expired permit where a license or permit is required for the
performance of such act or transaction.


12691.  It is unlawful for any person to violate any provision of
any regulation adopted by the State Fire Marshal pursuant to this
part.


12692.  This chapter shall not prohibit the operations or functions
of a licensed pyrotechnic operator holding a special effects license
when the operations or functions are a necessary part of the
production and are performed pursuant to a valid permit issued by the
authority having jurisdiction.