320.126. Special fireworks--possession and sale of limited, how, to whom--displays, financial responsibility, proof of--inspection of certain venues.
Special fireworks--possession and sale of limited, how, towhom--displays, financial responsibility, proof of--inspection ofcertain venues.
320.126. 1. Any person, entity, partnership, corporation, orassociation transporting display or proximate fireworks or display andproximate fireworks into the state of Missouri for the purpose of resale or toconduct a display shall be permitted by the state fire marshal as adistributor or manufacturer and have obtained applicable federal license orpermit.
2. Sale of display or proximate fireworks shall be limited to a holderof a federal license or permit and a distributor or manufacturer permit issuedby the state fire marshal.
3. Possession of display or proximate fireworks for resale to holders ofa permit for display or proximate fireworks shall be confined to holders of astate manufacturer or distributor permit and applicable federal license orpermit.
4. Permits for display or proximate fireworks may be granted tomunicipalities, fair associations, amusement parks, organizations, persons,firms or corporations. Such permits may be granted upon application andapproval by the state fire marshal or local fire service authorities of thecommunity where the display is proposed to be held. All applicationssubmitted for display or proximate fireworks permits must be submitted to theoffice of the state fire marshal a minimum of ten working days prior to thedate of the event. The application shall be made on a form provided orapproved by the state fire marshal. Every such display shall be supervised,managed, or directed by a Missouri licensed operator, or pyrotechnic operatoron site pursuant to subdivisions* (11) and (18) of section 320.106 and shallbe located, discharged, or fired so as in the opinion of the permittingauthority, after proper inspection based on the most current edition of theNational Fire Protection Association standards, NFPA 1123, 1124, and 1126, tonot be hazardous to any person or property. After a permit has been granted,the sale, possession, use and distribution of fireworks for such display shallbe lawful for that purpose only. A copy of all permits issued for display orproximate fireworks shall be forwarded by the permit holder to the state firemarshal's office. No permit granted hereunder shall be transferable and shallapply to only one location. No holder of a manufacturer or distributor permitshall sell, barter, or transfer display or proximate fireworks to anyone notpossessing an applicable permit or license.
5. Possession of display or proximate fireworks shall be limited to aholder of a display or proximate fireworks permit issued by the authorityhaving jurisdiction where the display or proximate fireworks is proposed to beheld or the state fire marshal or holder of a state manufacturer ordistributor permit and applicable federal license or permit.
6. Before issuing any permit for a display or proximate fireworks, themunicipality, fair association, amusement park, organization, firm, persons,or corporation making application therefor shall furnish proof of financialresponsibility in an amount established by promulgated rule to the permittingauthority in order to satisfy claims for damages to property or personalinjuries arising out of any act or omission on the part of such person, firmor corporation or any agent or employee thereof.
7. Any establishment where proximate fireworks are to be dischargedshall be inspected by the state fire marshal or local fire department havingjurisdiction for compliance with NFPA 101 Life Safety Code or equivalentnationally recognized code in relation to means of egress, occupancy load, andautomatic sprinkler and fire alarm systems. All permits issued will beforwarded to the state fire marshal by the permit holder. Permits will beissued in the same manner as those required in this section.
(L. 1985 S.B. 76 § 5, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196)*Word "subsections" appears in original rolls.