§ 22-11-14-5 — Violations; removal of stocks; restrictions on shipments and sales; certificate of compliance

Indiana § 22-11-14-5

• Jurisdiction: Indiana
• Art. 11: BUILDING AND SAFETY REGULATIONS
• Ch. 14: Regulation of Fireworks by Fire Marshal

Text

(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).
The registration fee shall be collected by the state fire marshal
and deposited in the fire and building services fund as set forth in
IC 22-12-6-1(c).
A manufacturer, wholesaler, importer, or distributor of fireworks,
novelties, and trick noisemakers must submit a list to the state fire
marshal on or before June 1 of each year. The list shall contain the
name and address of each retail location of each of the customers of the
manufacturer, wholesaler, importer, or distributor at which items
referenced in section 8(a) of this chapter will be sold. 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 may not be applied for after June 15 of a year
and expires December 31 of the year in which the certificate is issued.
Each manufacturer, wholesaler, importer, or distributor must obtain a
certificate of compliance. The certificate is not transferable except to
a subsequent owner or operator of a business at the same location in
accordance with the policies and guidelines of the state fire marshal. 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;
P.L.187-2006, SEC.6.