12720-12728

HEALTH AND SAFETY CODE
SECTION 12720-12728




12720.  Any threatened violation of any provision of this part or of
any order or regulation of the State Fire Marshal issued pursuant to
this part may be enjoined in a civil action brought in the name of
the people of the State of California. Such actions may be instituted
by the Attorney General or the district attorney of the county in
which the act, practice, or transaction is about to be committed.




12721.  The State Fire Marshal, his or her salaried deputies, or any
chief of a fire department, or his or her authorized
representatives, any fire protection agency, or any other public
agency authorized by statute to enforce the State Fire Marshal's
regulations, may seize any fireworks described in this part. The
State Fire Marshal, any chief of a fire department, any fire
protection agency, or any other public agency authorized to enforce
the State Fire Marshal's regulations may charge any person, firm, or
corporation, whose fireworks are seized pursuant to this section, an
amount which is sufficient to cover the cost of transporting,
storing, and handling the seized fireworks. When the State Fire
Marshal, other enforcing officer or agency described in this section,
or a court determines that a person's, firm's, or corporation's
fireworks are illegally or erroneously seized, or if legal
proceedings do not result in a conviction for violation of any
provision of this part, any funds collected pursuant to this section
shall be refunded, or if charged but unpaid, canceled.



12722.  The following fireworks may be seized pursuant to Section
12721:
   (a) Those fireworks which 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 such
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
which 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
which are in unsealed packages or containers which 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 which 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 which are not enclosed in sealed
packages which bear the State Fire Marshal label of registration. The
State Fire Marshal shall approve such caps as he determines provide
reasonable protection from unintentional ignition of the fireworks.
   (h) Dangerous fireworks, including fireworks kits, used,
possessed, stored, manufactured, or transported by any person who
does not possess a valid permit authorizing any activity listed in
this part.
   (i) Any fireworks stored or sold in any public garage or public
oil station, or on any premises where gasoline or any other class 1
flammable liquids are stored or dispensed.
   (j) Any fireworks still possessed by a person who has just thrown
any ignited fireworks at any person or group of persons.
   (k) Any model rocket engines or model rockets with engines
possessed by any person not holding a valid permit.
   ( l) Any emergency signaling device sold, offered for sale, or
used which does not bear the State Fire Marshal label of registration
as required by this part.
   (m) Any fireworks or pyrotechnic device offered for sale by any
person violating any provision of this part.



12723.  The authority seizing any fireworks under the provisions of
this chapter shall notify the State Fire Marshal not more than three
days following the date of seizure and shall state the reason for the
seizure and the quantity, type, and location of the fireworks. Any
fireworks, with the exception of dangerous fireworks, seized pursuant
to Section 12721 shall be disposed of by the State Fire Marshal in
the manner prescribed by the State Fire Marshal at any time
subsequent to 60 days from the seizure or 10 days from the final
termination of proceedings under the provisions of Section 12593 or
Section 12724, whichever is later. Dangerous fireworks shall be
disposed of according to procedures in Sections 12724 and 12726. Any
fireworks seized by any authority as defined in this chapter, other
than the State Fire Marshal or his or her salaried assistants, shall
be held in trust for the State Fire Marshal by that authority.



12724.  (a) Any person whose fireworks are seized under the
provisions of this chapter may, within 10 days after seizure,
petition the State Fire Marshal to return the fireworks seized upon
the ground that the fireworks were illegally or erroneously seized.
Any petition filed pursuant to this section shall be considered by
the State Fire Marshal within 15 days after filing or after a hearing
granted to the petitioner, if requested. The State Fire Marshal
shall advise the petitioner of his or her decision in writing. The
determination of the State Fire Marshal is final unless within 60
days after seizure an action is commenced in a court of competent
jurisdiction in the State of California for the recovery of the
fireworks seized pursuant to this part, except as provided in
subdivision (b).
   (b) The determination of the State Fire Marshal is final in the
case of the seizure of dangerous fireworks, unless within 20 days
after the notice of the determination is mailed to the petitioner an
action is commenced in a court of competent jurisdiction in the State
of California for the recovery of the fireworks seized pursuant to
this part.



12725.  The State Fire Marshal, his salaried deputies, or any chief
or his authorized representatives as qualified in this chapter may
prevent, stop, or cause to be stopped, any public display in
progress, or any proposed public display, when the location,
discharge, or firing of such public display is determined by him to
be hazardous to property or dangerous to the public.



12726.  (a) The dangerous fireworks seized pursuant to this part
shall be disposed of by the State Fire Marshal in the manner
prescribed by the State Fire Marshal at any time after the final
determination of proceedings under Section 12724, or upon final
termination of proceedings under Section 12593, whichever is later.
If no proceedings are commenced pursuant to Section 12724, the State
Fire Marshal may dispose of the fireworks after all of the following
requirements are satisfied:
   (1) A random sampling of the dangerous fireworks has been taken,
as defined by regulations adopted by the State Fire Marshal pursuant
to Section 12552.
   (2) The analysis of the random sampling has been completed.
   (3) Photographs have been taken of the dangerous fireworks to be
destroyed.
   (4) The State Fire Marshal has given written approval for the
destruction of the dangerous fireworks. This approval shall specify
the total weight of the dangerous fireworks seized, the total weight
of the dangerous fireworks to be destroyed, and the total weight of
the dangerous fireworks not to be destroyed.
   (b) To carry out the purposes of this section, the State Fire
Marshal shall acquire and use statewide mobile dangerous fireworks
destruction units to collect and destroy seized dangerous fireworks
from local and state agencies.
   (c) If dangerous fireworks are seized pursuant to a local
ordinance that provides for administrative fines or penalties and
these fines or penalties are collected, the local government entity
collecting the fines or penalties shall forward 65 percent of the
collected moneys to the Controller for deposit in the State Fire
Marshal Fireworks Enforcement and Disposal Fund, as described in
Section 12728.


12727.  (a) The State Fire Marshal shall establish regulations
pursuant to the requirements and procedures established with the
Office of Administrative Law to assess fees on all import and export,
wholesale, and retail fireworks licensees in California to be
deposited in the State Fire Marshal Fireworks Enforcement and
Disposal Fund.
   (b) In determining the appropriate amount of the fees described in
subdivision (a), the State Fire Marshal shall consult with the
fireworks industry and import and export, wholesale, and retail
fireworks licensees.
   (c) The total amount of the fees collected shall not exceed the
reasonable costs of the statewide programs described in subdivision
(c) of Section 12728.


12728.  (a) The State Fire Marshal Fireworks Enforcement and
Disposal Fund is hereby established in the State Treasury.
   (b) All of the moneys collected pursuant to Section 12706 shall be
deposited in the fund and shall be available, upon appropriation by
the Legislature, to the State Fire Marshal for the exclusive use in
statewide programs for the enforcement, prosecution related to,
disposal, and management of seized dangerous fireworks, and for the
education of public safety agencies in the proper handling and
management of dangerous fireworks.
   (c) All of the moneys collected pursuant to Section 12727 shall be
deposited in the fund and shall be available, upon appropriation by
the Legislature, to the State Fire Marshal for the exclusive use in
statewide programs for all of the following:
   (1) To further assist in statewide programs for the enforcement,
prosecution related to, disposal, and management of seized dangerous
fireworks.
   (2) The education of public safety agencies in the proper handling
and management of dangerous fireworks as well as safety issues
involving all fireworks and explosives.
   (3) Assist the State Fire Marshal in identifying and evaluating
methods to capture more detailed data relating to fires, damages, and
injuries caused by both dangerous and safe and sane fireworks, and
to assist with funding the eventual development and implementation of
those methods.
   (4) To further assist in public safety and education efforts
within the general public as well as public safety agencies on the
proper and responsible use of safe and sane fireworks.