Fire Marshall
In a few rural communities, fireworks on Indian lands have become an issue of public safety. The information on this page is intended to help inform the public and act as a resource to local agencies tasked with the public's safety.
California's Fireworks Law, passed in 1938, established the Office of the State Fire Marshal (SFM) as the only fireworks classification authority inCalifornia. Fireworks are classified through laboratory analysis, field examinations and test firing of items. As part of the program, SFM requires the licensing of all pyrotechnic operators, fireworks manufacturers, importer-exporters, wholesalers, retailers, and public display companies. Pyrotechnic operators who discharge fireworks at public displays or launch high powered and experimental rockets, must also pass a written examination and provide proof of experience.
The State's Explosives Law authorizes the California State Fire Marshal to adopt regulations for the safe use, handling, storage and transportation of explosives. Under those regulations local law enforcement agencies track the location of storage magazines within their jurisdictions through a permit process. Special exemptions have been provided within the regulations to allow for limited possession and storage of some explosives, such as black powder, used by hunters and the sporting community.
Contact Us:
Tony Guevara [email protected]
- Oct. 2007: SB 839 Chaptered - Full Text of Bill
- The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property, and requires the State Fire Marshal to appoint deputies and employees as may be required to carry out the provisions of that law. That law provides that the State Fire Marshal, his or her salaried deputies, or a chief of a fire department, or his or her authorized representatives, a fire protection agency, or any other public agency authorized by statute to enforce the State Fire Marshal's regulations, may seize any fireworks, as described, and may charge a person whose fireworks are seized with specified costs of transporting, storing, and handling the seized fireworks. That law also makes it unlawful for a person to, among other matters, transport fireworks unless those fireworks have been classified and registered by the State Fire Marshal.
- SB 839 2007: - Illegal Fireworks in California
- Then and Now! Informative Fact Sheet
- SB 839 - Power Point Presentation
- Draft: Model Fine Ordinance for SB 839
- This chapter authorizes the imposition of administrative fines on any person who violates any provision of this ordinance in order to encourage and obtain compliance with the provisions of this ordinance for the benefit and protection of the entire community. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: the possession, use, storage, sale and/or display of those fireworks classified as “dangerous fireworks” in California Health and Safety Code Section 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of “safe and sane fireworks” as defined in California Health and Safety Code Section 12500 et seq on or at dates, times and/or locations other than those permitted by this ordinance. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the city.
- June 2007: Imperial County Counsel provides a legal Opinion
- The County may not enforce its ordinance because it is more restrictive than the state law.
- June 2007: Quechan Tribe comments on Imperial County Fireworks Ordiance
- Quechan carves out the position that the County cannot enforce its fireworks ordinance on tribal lands.
- Jan. 1993: Ruling Fireworks on Tribal Lands
- In the absence of congressional consent, the decision of whether a state may assert jurisdiction over an Indian Tribe turns on "whether state authority is preempted by the operation of federal law...." Cabazon, 480 U.S. at 216, 107 S.Ct. at 1092. Because we hold that Congress has given the State of California express authority to assert jurisdiction over the Tribe with respect to California's fireworks law, we do not consider the Tribe's argument that federal law preempts state jurisdiction. We hold the California fireworks law, Cal.Health and Safety Code §§ 12500 et seq., is criminal/prohibitory because the intent of the California fireworks law is generally to prohibit the sale of Class C fireworks and because the sale of Class C fireworks violated the state's public policy to protect life and property. We therefore hold that California may, pursuant to Pub.L. 83-280, § 2, 18 U.S.C. § 1162 (1988), enforce its fireworks law on the Fort Yuma Indian Reservation.The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4 CC∅
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