Violations; removal of stocks; restrictions on shipments and sales;
certificate of compliance
Sec. 5. (a) The state fire marshal shall remove at the expense of
the owner, all stocks of fireworks or combustibles possessed,
transported, or delivered in violation of this chapter.
(b) The state fire marshal shall stop the shipments and sale of
fireworks, novelties, and trick noisemakers unless, prior to shipment
into this state for sale, the manufacturer, wholesaler, importer, or
distributor of the fireworks, novelties, and trick noisemakers submits
to the state fire marshal:
(1) a complete description of each item proposed to be shipped
into Indiana;
(2) a written certification that the items are manufactured in
accordance with section 1 of this chapter; and
(3) an annual registration fee of one thousand dollars ($1,000).
If upon inspection the state fire marshal finds that this chapter has
been complied with, an annual certificate of compliance shall be
issued to the manufacturer, wholesaler, importer, or distributor. An
annual certificate of compliance expires December 31 of the year
during which the certificate is issued. Each manufacturer,
wholesaler, importer, or distributor must obtain a certificate of
compliance. The certificate is not transferable, except that a retailer
that offers the items for sale to the public is entitled to receive a
certified copy of the certificate from the manufacturer, wholesaler,
importer, or distributor from which the retailer purchases the items.
A certified copy of the certificate of compliance must be posted in
each location where the items are offered for sale to the public. If
upon inspection the state fire marshal finds that this chapter has not
been complied with, the state fire marshal shall refuse to issue a
certificate of compliance and state the reasons for the refusal. A copy
of the order denying the issuance of a certificate of compliance and
the reasons shall be forwarded to the manufacturer, wholesaler,
importer, or distributor. The state fire marshal may revoke any
certificate of compliance issued to any manufacturer, wholesaler,
importer, or distributor if the holder of the certificate has violated
this chapter.
(c) All fireworks, novelties, and trick noisemakers shipped into
Indiana, or manufactured and sold in Indiana, must have distinctly
and durably painted, stamped, printed or marked on the package, box
or container in which the items are enclosed the exact number of
pieces in the container.
(d) It is unlawful for a manufacturer, wholesaler, importer, or
distributor to sell at wholesale, offer to sell at wholesale, or ship or
cause to be shipped into Indiana fireworks, novelties, or trick
noisemakers unless the manufacturer, wholesaler, importer, or
distributor has been issued and holds a valid certificate of
compliance issued under subsection (b). This subsection applies to
nonresidents and residents of Indiana.
(Formerly: Acts 1939, c.154, s.5; Acts 1959, c.290, s.2; Acts 1975,
P.L.259, SEC.4.) As amended by Acts 1977, P.L.267, SEC.1;
P.L.236-1983, SEC.3; P.L.222-1989, SEC.1; P.L.2-1995, SEC.87.
Last modified: May 27, 2006