(1) The authority having jurisdiction may, at its discretion, issue a permit for public display or other events in the following circumstances:
(a)  After determining that the public display will be supervised by a qualified person and will not constitute an unreasonable hazard to persons or property. Appropriate national fire protection association or international fire code provisions may be used as guidance for this determination.
(b)  After determining that sales and use of fireworks outside the normal sales period provided in section 39-2606, Idaho Code, or proposing the use of fireworks in addition to nonaerial common fireworks will not constitute an unreasonable hazard to persons or property.
(2)  An application for a permit for public display or other event shall be on a form approved by, and contain the information reasonably requested by, the authority having jurisdiction.

Terms Used In Idaho Code 39-2605

  • Authority having jurisdiction: means a city fire department if the area is within a city, or a fire protection district formed pursuant to provisions of the Idaho Code if the area is within a fire protection district, or the county commission if the area is not within a city or fire protection district. See Idaho Code 39-2602
  • Fireworks: means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. See Idaho Code 39-2602
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nonaerial common fireworks: means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. See Idaho Code 39-2602
  • Permit: means an authorization given by the authority having jurisdiction pursuant to section 39-2604 or 39-2605, Idaho Code. See Idaho Code 39-2602
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Special fireworks: means any fireworks designed primarily for display and classified as special fireworks by the United States bureau of explosives or designated as UN 0335 1. See Idaho Code 39-2602
    • (3)  The permit shall be nontransferable, shall list the specific date or dates upon which the display or event shall occur and the types of fireworks and uses that will be allowed.
    (4)  A bond or valid certificate of public liability and property-casualty insurance providing coverage of up to one million dollars ($1,000,000) for personal injury and property damage may be required at the time of application for public display of special fireworks.
    (5)  The authority having jurisdiction may assess a fee for issuing a permit for public display under this section which shall not exceed one hundred twenty-five dollars ($125). There shall be no fee for the issuance of a permit for any event other than a public display event.
    (6)  Alteration of fireworks may be performed by a person in possession of a valid public display permit.