Public displays; permits; fees; qualified operations; denial of
permit; violations
Sec. 2. (a) The fire prevention and building safety commission
may:
(1) adopt rules under IC 4-22-2 for the granting of permits for
supervised public displays of fireworks by municipalities, fair
associations, amusement parks, and other organizations or
groups of individuals; and
(2) establish by rule the fee for the permit, which shall be paid
into the fire and building services fund created under
IC 22-12-6-1.
(b) The application for a permit required under subsection (a)
must:
(1) name a competent operator who is to officiate at the display;
(2) set forth a brief resume of the operator's experience;
(3) be made in writing; and
(4) be received with the applicable fee by the office of the state
fire marshal at least five (5) business days before the display.
No operator who has a prior conviction for violating this chapter may
operate any display for one (1) year after the conviction.
(c) Every display shall be handled by a qualified operator
approved by the chief of the fire department of the municipality in
which the display is to be held. A display shall be so located,
discharged, or fired as, in the opinion of:
(1) the chief of the fire department of the city or town in which
the display is to be held; or
(2) the township fire chief or the fire chief of the municipality
nearest the site proposed, in the case of a display to be held
outside of the corporate limits of any city or town;
after proper inspection, is not hazardous to property or person.
(d) A permit granted under this section is not transferable.
(e) A denial of a permit by a municipality shall be issued in
writing before the date of the display.
(f) A person who possesses, transports, or delivers fireworks,
except as authorized under this section, commits a Class A
misdemeanor.
(Formerly: Acts 1939, c.154, s.2; Acts 1951, c.251, s.1; Acts 1972,
P.L.178, SEC.1; Acts 1975, P.L.259, SEC.2.) As amended by Acts
1978, P.L.2, SEC.2249; P.L.229-1985, SEC.2; P.L.3-1990, SEC.78;
P.L.2-1995, SEC.86; P.L.168-1996, SEC.2; P.L.25-2004, SEC.2.
Last modified: May 27, 2006