2009 California Health and Safety Code - Section 12640-12654 :: Chapter 6. Permits

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 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.
   (e) Discharging dangerous fireworks at any place, including a
public display.
   (f) Using special effects.

12641.  A permit, as provided in this part, shall not be required of
any person to transport, purchase at retail, or use safe and sane
fireworks, or to purchase at retail, use, or transport registered
emergency signaling devices.

12642.  The effective period of the permit shall be defined in the
permit and in no case shall the period of the permit exceed the valid
period of the license. This section shall not prohibit the
revocation of the permit by the issuing authority for just cause
where a fire nuisance exists or where personal injury may occur.

12643.  Any licensee desiring to do any act specified in Section
12640 shall first make written application for a permit to the chief
of the fire department or the chief fire prevention officer of the
city or county, or to such other issuing authority which may be
designated by the governing body of the city or county. In the event
there is no such officer or person appointed within the area,
application shall be made to the State Fire Marshal or his deputy.
Applications for permits shall be made in writing at least 10 days
prior to the proposed act.

12644.  The issuing authority shall not accept an application for a
permit from any person who does not possess, and present at the time
of application, evidence of a valid license to perform those acts
specified on the application for the permit. When a license is not
required for specific acts, the issuing authority may prescribe such
reasonable conditions to qualify the applicant to receive a permit
and provide for the public safety.

12645.  The officer to whom the application for a permit is made
shall undertake an investigation and submit a report of his findings
and his recommendation concerning the issuance of the permit,
together with his reasons therefor, to the governing body of the city
or county. The applicant for a permit to conduct a public display
shall file a certificate evidencing the possession of a valid public
display license with the officer making the investigation.

12646.  The governing body may grant or deny the permit, subject to
such reasonable conditions, if any, as it shall prescribe.

12647.  The governing body may delegate the power to grant or deny
the permit to the issuing authority to whom the application is made.
In such case, the governing body shall also provide for a hearing by
the governing body by which an applicant may appeal a denial of the
permit. The governing body may, after such a hearing, reverse,
modify, or sustain the denial.

12648.  The officer to whom the application for a permit for a
public display of fireworks is made shall make an investigation to
determine whether such a display as proposed will be of such
character or so located that it may be hazardous to property or
dangerous to any person. He shall, in the exercise of reasonable
discretion, recommend granting or denying the permit, subject to such
conditions as he may prescribe.

12649.  The applicant for a permit for any public display of
fireworks shall, at the time of application, submit his license for
inspection and furnish proof that he carries compensation insurance
for his employees as provided by the laws of this state.

12650.  When a permit for the public display of fireworks is
granted, the sale, possession, transportation, and use of fireworks
for the public display is lawful for that purpose only. The permit to
hold a public display shall authorize the transportation of public
display fireworks between the approved routes, as specified in
Section 12651, and the public display site.

12651.  Any person holding a valid license for the manufacture,
wholesale, or import and export of dangerous fireworks or pyrotechnic
devices may transport any class of fireworks or pyrotechnic devices
authorized by such license. Persons holding a special effects
pyrotechnic operators license may transport special effects
fireworks, but the transportation of fireworks by all other
pyrotechnic operator licensees shall not be permitted. The authority
granted to the licensee to transport fireworks is limited to
traveling upon the approved routes for the transportation of
explosives designated as provided in Section 31616 of the Vehicle
Code. The licensee shall also comply with Section 27903 of the
Vehicle Code and equip and maintain any vehicle used to transport
fireworks as required by Section 31610 of the Vehicle Code. It is the
intent of the Legislature by this section to require the maximum use
of the approved routes in the delivery of fireworks to the point of
destination.

12652.  When traveling between the approved routes, as specified in
Section 12651, and the point of destination the licensee shall
possess a transportation permit from the local fire authority having
jurisdiction over the boundaries in which the off-route travel
occurs. A transportation permit is not required for public display
fireworks as provided in Section 12650.

12653.  The application for a transportation permit shall be
submitted to the State Fire Marshal for the transportation of any
quantity of fireworks where such transportation is outside the
boundaries of the issuing authority having jurisdiction at the point
of origin or such shipment originates within this state and is
transported out of this state. The application for a transportation
permit as required by this section shall be approved by the issuing
authority having jurisdiction at the place where the shipment
originates before the State Fire Marshal shall issue such
transportation permit. No further permits shall be required by
issuing authorities other than the authority at the point of origin
where the State Fire Marshal has issued a permit pursuant to this
section.

12654.  A transportation permit shall not be required by this part
for public carriers or private carriers who each hold a valid license
or permit issued pursuant to the provisions of Division 14
(commencing with Section 31600) of the Vehicle Code or Division 11
(commencing with Section 12000) of the Health and Safety Code.