2009 California Health and Safety Code - Section 12550-12558 :: Chapter 3. Administration

12550.  The State Fire Marshal shall enforce and administer this
part.

12551.  The State Fire Marshal shall appoint deputies and employees
as may be required to carry out the provisions of this part, subject
to approval in the annual Budget Act.

12552.  The State Fire Marshal shall adopt regulations relating to
fireworks as may be necessary for the protection of life and property
not inconsistent with the provisions of this part. These regulations
shall include, but are not limited to, provisions for the following:
   (a) Granting of licenses and permits for the manufacture,
wholesale, import, export, and sale of all classes of fireworks.
   (b) Classification of fireworks and pyrotechnic devices.
   (c) Registration of employees of licensees.
   (d) Licenses and permits required for presentation of public
displays.
   (e) Granting of licenses and permits for research or
experimentation with experimental or model rockets and missiles.
   (f) Investigation, examination, and licensing of pyrotechnic
operators of all classes.
   (g) Registration of emergency signaling devices and the
classification and use of exempt fireworks.
   (h) Transportation of all classifications of fireworks, model
rockets, emergency signaling devices, and exempt fireworks.

12553.  The State Fire Marshal shall also adopt regulations for
classification of any new type of fireworks or pyrotechnic devices
which have not been classified prior to January 1, 1974 and for the
regulation of such fireworks in accordance with the provisions of
this part.

12554.  The regulations adopted by the State Fire Marshal relating
to fireworks and in existence on January 1, 1974 shall continue
thereafter to be in effect as regulations of the State Fire Marshal
until amended or repealed pursuant to the provisions of this part.

12555.  The State Fire Marshal or his salaried deputies may make an
examination of the books and records of any licensee or permittee
relative to fireworks, and may visit and inspect any building or
other premises subject to the control of, or used by, the licensee or
permittee for any purpose related to fireworks of any licensee or
permittee at any time he may deem necessary for the purpose of
enforcing the provisions of this part.

12556.  In addition to the obligations described in Section 13110.5,
on or before July 1, 2008, the State Fire Marshal shall identify and
evaluate methods to capture more detailed data relating to fires,
damages, and injuries caused by both dangerous fireworks and safe and
sane fireworks. These evaluation methods shall include a cost
analysis related to capturing and reporting the data and shall meet
or exceed the specificity, detail, and reliability of the data
captured under the former California Fire Incident Reporting System
(CFIRS). The State Fire Marshal shall furnish a copy of these
evaluation methods to any interested person upon request.

12557.  (a) The Office of the State Fire Marshal shall consult with
public safety agencies and other stakeholders as deemed necessary by
the State Fire Marshal and develop a model ordinance that permits
local jurisdictions to adopt a streamlined enforcement and
administrative fine procedures related to the possession of 25 pounds
or less of dangerous fireworks. These procedures shall be limited to
civil fines and as authorized pursuant to Section 53069.4 of the
Government Code, and provide that the fines collected pursuant to
this section shall not be subject to Section 12706. The model
ordinance shall include provisions for reimbursing the Office of the
State Fire Marshal for the costs associated with the disposal of
seized fireworks and collecting these disposal costs as part of an
administrative fine as described in subdivision (c).
   (b) An ordinance of a local jurisdiction in effect on or after
January 1, 2008, that is related to dangerous fireworks and is not
the model ordinance described in subdivision (a) shall, as soon as
practicable, comply with all of the following:
   (1) The ordinance shall be amended or adopted to include
provisions for cost reimbursement to the Office of the State Fire
Marshal and the collection of disposal costs as part of an
administrative fine as described in subdivision (c).
   (2) The ordinance shall be amended or adopted to provide that the
ordinance shall be limited to a person who possesses or the seizure
of 25 pounds or less of dangerous fireworks.
   (3) The ordinance shall be amended or adopted to provide that the
fines collected pursuant to the ordinance shall not be subject to
Section 12706.
   (c) The State Fire Marshal shall, in consultation with local
jurisdictions, develop regulations to specify a procedure on how to
cover the cost to the Office of the State Fire Marshal for the
transportation and disposal of dangerous fireworks that are seized by
local jurisdictions. The regulations shall include, but are not
limited to, all of the following:
   (1) A cost recovery procedure to collect, as part of an
administrative fine, the actual cost for transportation and disposal
of dangerous fireworks from any person who violates a local ordinance
related to dangerous fireworks.
   (2) The method by which the actual cost for transportation and
disposal by the Office of the State Fire Marshal will be calculated.
   (3) The method, manner, and procedure the local jurisdiction is
required to follow to forward the amounts collected pursuant to
paragraph (1) to the State Fire Marshal.

12558.  The licensee or permittee shall permit the chief of the
issuing authority, or his authorized representatives, as qualified in
Section 12721, to enter and inspect any building or other premises
subject to the control of or used by the licensee or permittee for
any purpose related to fireworks at any time for the purpose of
enforcing the provisions of this part.