Sec. 2. (a) The fire prevention and building safety commission shall:

(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

Terms Used In Indiana Code 22-11-14-2

  • Conviction: A judgement of guilt against a criminal defendant.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Municipality: has the meaning set forth in IC 36-1-2-11. See Indiana Code 22-11-14-1
  • Person: means an individual, an association, an organization, a limited liability company, or a corporation. See Indiana Code 22-11-14-1
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Special fireworks: means fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than one hundred thirty (130) milligrams of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as consumer fireworks. See Indiana Code 22-11-14-1
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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 or an electronic format; and

(4) be received with the applicable fee by the department of homeland security 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 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 may not possess, transport, or deliver special fireworks, except as authorized under this section.

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; P.L.1-2006, SEC.346; P.L.187-2006, SEC.2; P.L.57-2020, SEC.9; P.L.187-2021, SEC.63.