It is enacted by the General Assembly as follows:

SECTION 1. The title of chapter 23-28.11 entitled "Fireworks" is hereby amended to read as follows:

SECTION 2. Sections 23-28.11-3, 23-28.11-4, 23-28.11-5, 23-28.11-6, 23-28.11-7, 23-28.11-8, 23-18.11-9 and 23-28.11-10 of the General Laws in Chapter 23-28.11 entitled "Fireworks" are hereby amended to read as follows:

{ADD 23-28.11-3. Permits. -- ADD} (a) Permits to possess, {DEL use, and sell DEL} {ADD and display ADD} commercial fireworks {ADD or pyrotechnics ADD} shall be issued by the local fire authority on forms provided by the state fire marshal.

(b) {DEL Permits to use, explode, or cause to explode shall not be issued by the local fire authority until the person using, exploding, or causing to explode has first obtained a certificate of competency from the state fire marshal. DEL} {ADD No permit to possess and display fireworks or pytrotechnics shall be issued by the local fire authority until the applicant; has first obtained a valid certificate of competency from the state fire marshal. For the purposes of this chapter, "pyrotechnics" means a chemical mixture, including pyrotech-compositions, intended to produce a visible and/or audible effect by combustion, deflagration or detonation before a proximate audience closer than allowed for outdoor fireworks displays as permitted under this chapter. All pyrotechnics shall be in accordance with the requirements of the National Fire Protection Association Standard 1126, entitled "Use of Pyrotechnics Before A Proximate Audience", 1992 Edition, and the requirements of this chapter. ADD}

{ADD 23-28.11-4. Certificate of competency. -- ADD} (a) Every person desiring to obtain a certificate of competency to {DEL use, explode, or cause to explode DEL} {ADD possess and display ADD} commercial fireworks {ADD and/or pyrotechnics ADD} shall make application to the state fire marshal. A fee of ten dollars ($10.00) shall accompany each application and shall be for processing the application and for examination to be given within ninety (90) days of receipt of application to determine applicant's experience and ability to conduct commercial fireworks {ADD and/or pyrotechnic ADD} demonstrations. {DEL The DEL} {ADD Separate ADD} application {ADD s ADD} {DEL and DEL} {ADD , ADD} examination {ADD s ADD} {ADD and certificates shall be issued by the state fire marshal for fireworks and pyrotechnics and ADD} shall be in such form as the state fire marshal may require.

(b) Each applicant found to be qualified by examination shall forthwith be issued a certificate of competency upon payment of fifty dollars ($50.00) and submission of certification indicating satisfactory completion of psychiatric examination administered by a qualified physician within the previous year. All fees collected pursuant to this section shall be placed in the fee account established under section 23-28.2-25.

{ADD 23-28.11-5. Duration -- Expiration -- Renewal -- Duplication. -- ADD} Every certificate issued shall be valid for one year, and shall be renewable without examination, on March first after the original date of issue {ADD upon payment of fifty dollars ($50.00) ADD} . Any holder of a certificate whose certificate was lost, misplaced, or stolen may obtain a duplicate certificate from the state fire marshal upon payment of ten dollars ($10.00).

{ADD 23-28.11-6. Right of denial -- Suspension or revocation. -- ADD} The state fire marshal is empowered to deny an examination to any applicant who has been convicted of a common law crime, statutory burning {DEL involving the property of another, DEL} the violation of any explosive or fireworks {ADD or pyrotechnics ADD} law or rule or regulation, or who falsely completes an application. The fire marshal is further empowered to immediately suspend or revoke for a minimum period of one year the certificate of any holder found to be in violation of this law or a rule and regulation relating to fireworks, {ADD or pyrotechnics ADD} or convicted of a crime of common law, or statutory burning {DEL involving the property of another DEL} .

{ADD 23-28.11-7. Financial responsibility. -- ADD} No permit shall be issued to any applicant desiring to {DEL use, explode, or cause to explode DEL} {ADD possess and display ADD} fireworks {ADD and/or pyrotechnics ADD} until the applicant furnishes to the local fire authority satisfactory proof of financial responsibility {ADD in an amount not less than fifty thousand dollars ($50,000.00) ADD} to satisfy claims for damage to property or persons resulting from {DEL using, exploding, or causing to explode DEL} {ADD the possession or use of ADD} fireworks {ADD and/or pyrotechnics. ADD} {ADD The local fire authority may require additional financial responsibility as he may deem necessary due to existing conditions. ADD}

{ADD 23-28.11-8. Nonresident. -- ADD} No permit shall be issued under the provisions of this chapter to a nonresident person to conduct a fireworks {ADD and/or pyrotechnics ADD} display in this state, until that person shall have appointed in writing a member of the Rhode Island bar association to be his or her attorney upon whom all processes in any action or proceeding against the person may be served.

{ADD 23-28.11-9. Violations. -- ADD} (a) Any person found to be in violation of the provisions of this chapter shall be fined not less than one hundred ($100) nor more than five hundred dollars ($500) or imprisoned for not more than one year.

(b) The state fire marshal or the fire marshal's deputies or any officer qualified to serve criminal process may arrest without a warrant any person found in violation of this chapter and shall seize immediately any and all of the fireworks {ADD and/or pyrotechnics ADD} in illegal use, possession, or under that person's control, and the fireworks seized shall upon conviction of the person be forfeited to the state of Rhode Island.

(c) Notice of the seizure of the fireworks {ADD and/or pyrotechnics ADD} shall immediately be sent to the marshal by the officer making the seizure and the fireworks {ADD and/or pyrotechnics ADD} seized shall be held and securely stored by that department until the marshal or the marshal's authorized {DEL representative DEL} {ADD explosives technician ADD} takes them into his or her possession for disposal.

{ADD 23-28.11-10. Rules and regulations. -- ADD} The state fire marshal is hereby authorized and directed to promulgate reasonable rules and regulations governing the possession, sale wholesale and retail, and use of fireworks {ADD and pyrotechnics ADD} in the state of Rhode Island.

SECTION 3. This act shall take effect upon passage.