Missouri Revised Statutes
Chapter 320 - Fire Protection
Section 320.126 - Special fireworks — possession and sale of limited, how, to whom — displays, financial responsibility, proof of — inspection of certain venues.

Effective - 28 Aug 2004
320.126. Special fireworks — possession and sale of limited, how, to whom — displays, financial responsibility, proof of — inspection of certain venues. — 1. Any person, entity, partnership, corporation, or association transporting display or proximate fireworks or display and proximate fireworks into the state of Missouri for the purpose of resale or to conduct a display shall be permitted by the state fire marshal as a distributor or manufacturer and have obtained applicable federal license or permit.
2. Sale of display or proximate fireworks shall be limited to a holder of a federal license or permit and a distributor or manufacturer permit issued by the state fire marshal.
3. Possession of display or proximate fireworks for resale to holders of a permit for display or proximate fireworks shall be confined to holders of a state manufacturer or distributor permit and applicable federal license or permit.
4. Permits for display or proximate fireworks may be granted to municipalities, fair associations, amusement parks, organizations, persons, firms or corporations. Such permits may be granted upon application and approval by the state fire marshal or local fire service authorities of the community where the display is proposed to be held. All applications submitted for display or proximate fireworks permits must be submitted to the office of the state fire marshal a minimum of ten working days prior to the date of the event. The application shall be made on a form provided or approved by the state fire marshal. Every such display shall be supervised, managed, or directed by a Missouri licensed operator, or pyrotechnic operator on site pursuant to subdivisions* (11) and (18) of section 320.106 and shall be located, discharged, or fired so as in the opinion of the permitting authority, after proper inspection based on the most current edition of the National Fire Protection Association standards, NFPA 1123, 1124, and 1126, to not be hazardous to any person or property. After a permit has been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. A copy of all permits issued for display or proximate fireworks shall be forwarded by the permit holder to the state fire marshal's office. No permit granted hereunder shall be transferable and shall apply to only one location. No holder of a manufacturer or distributor permit shall sell, barter, or transfer display or proximate fireworks to anyone not possessing an applicable permit or license.
5. Possession of display or proximate fireworks shall be limited to a holder of a display or proximate fireworks permit issued by the authority having jurisdiction where the display or proximate fireworks is proposed to be held or the state fire marshal or holder of a state manufacturer or distributor permit and applicable federal license or permit.
6. Before issuing any permit for a display or proximate fireworks, the municipality, fair association, amusement park, organization, firm, persons, or corporation making application therefor shall furnish proof of financial responsibility in an amount established by promulgated rule to the permitting authority in order to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof.
7. Any establishment where proximate fireworks are to be discharged shall be inspected by the state fire marshal or local fire department having jurisdiction for compliance with NFPA 101 Life Safety Code or equivalent nationally recognized code in relation to means of egress, occupancy load, and automatic sprinkler and fire alarm systems. All permits issued will be forwarded to the state fire marshal by the permit holder. Permits will be issued in the same manner as those required in this section.
­­--------
(L. 1985 S.B. 76 § 5, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196)
*Word "subsections" appears in original rolls.

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXI - Public Safety and Morals

Chapter 320 - Fire Protection

Section 320.010 - Proprietors of public buildings required to erect fire escapes — how constructed.

Section 320.020 - How erected and enclosed.

Section 320.030 - Number to each building.

Section 320.040 - Buildings to be equipped with fire escapes.

Section 320.050 - Penalties.

Section 320.060 - Duty of officers.

Section 320.070 - Doors to certain buildings to be hung, how.

Section 320.080 - Penalty.

Section 320.081 - Fire insurance company records to be furnished law enforcement officials, when.

Section 320.082 - Fire insurance companies to report suspected arson to prosecuting or circuit attorney — prosecutor to report to other authorized persons.

Section 320.083 - Law enforcement officials to furnish fire insurance companies with information regarding fire losses, when.

Section 320.085 - Immunity from civil or criminal actions for furnishing fire loss information in good faith — presumption — closed records.

Section 320.086 - Access to closed arrest records not authorized — attorney-client privilege not restricted or waived — health information, closed record.

Section 320.088 - Personal protective equipment, standards for purchasing.

Section 320.089 - Labeling requirement for personal protective equipment, violation, penalty.

Section 320.090 - Emergency services, contracts for mutual aid operative in disasters — requirements.

Section 320.091 - Donation of used personal protection equipment and clothing, immunity from liability, when, conditions.

Section 320.092 - Creates annual reporting requirements for certain tax credits.

Section 320.093 - Income tax credit for purchase of a dry fire hydrant or provision of water storage for dry hydrants, requirements, limitations and expiration date.

Section 320.094 - Fire education fund created, annual transfers — treasurer to administer fund — transfer from general revenue — fire education trust fund established, administration — appropriation to division of fire safety — fire education/advisor...

Section 320.095 - Water supply, access during emergencies for fire protection services, requirements — liability for damages.

Section 320.097 - Residency requirements prohibited, when.

Section 320.106 - Definitions.

Section 320.111 - Manufacture, distribution and sale, permit required — issuance, display of, duration — powers and duties of state fire marshal, inspections — fees — rights and obligations of permit holders — rules, procedure — penalty for violation...

Section 320.116 - Revocation and refusal of permits, when — illegal fireworks seized as contraband, return of, procedure, costs — review of action by state fire marshal, how.

Section 320.121 - Powers of cities and certain counties to regulate or prohibit fireworks.

Section 320.122 - Supremacy clause — regulation of fireworks (St. Louis County).

Section 320.126 - Special fireworks — possession and sale of limited, how, to whom — displays, financial responsibility, proof of — inspection of certain venues.

Section 320.131 - Possession, sale and use of certain fireworks prohibited — restrictions — label required — items not regulated.

Section 320.136 - Ground salutes, special type, prohibited.

Section 320.141 - Permissible items of consumer fireworks, how sold, when.

Section 320.146 - Display and storage of fireworks, restrictions on.

Section 320.151 - Sales to children, sales by children, unlawful, exceptions — exploding fireworks near gasoline pumps, certain buildings or from or at motor vehicles, prohibited — certain restrictions — demonstrating and testing allowed, requirement...

Section 320.156 - Items and activities not subject to provisions of sections 320.106 to 320.161.

Section 320.161 - Penalty provisions.

Section 320.200 - Definitions.

Section 320.202 - Division of fire safety, created — duties of division and fire marshal — rulemaking authority.

Section 320.205 - Fire marshal, appointment, qualifications.

Section 320.210 - Employees, how appointed, qualifications.

Section 320.215 - Reimbursement of employees, expenses and equipment, state to furnish.

Section 320.220 - Special deputy, who eligible.

Section 320.225 - Investigator to have same powers as fire marshal, when.

Section 320.230 - Investigations conducted — cooperation with local officials required — may act as peace officers, when, qualifications.

Section 320.235 - Reports and records required — open to public, exceptions.

Section 320.240 - Property may be entered for investigation, when.

Section 320.245 - Subpoena powers — hearing, where conducted — fees for service of process and depositions.

Section 320.250 - Powers of political subdivisions not affected.

Section 320.255 - Salaries, expenses and costs, how paid.

Section 320.260 - Office space to be provided.

Section 320.265 - Appeals, how taken.

Section 320.271 - Information to be filed with fire marshal, by certain fire protection organizations — when — identification numbers.

Section 320.273 - Dry hydrant technical assistance program to be established — dry hydrant defined — purposes and goals of program.

Section 320.300 - Volunteer fire protection association, definition.

Section 320.302 - Nonmembers, association may respond to any emergency, exception — liabilities — fees.

Section 320.305 - Claim of loss, payment of claims to association, nonmember — violations, penalties.

Section 320.307 - Nonpayment of claim, association has cause of action, amount.

Section 320.310 - Boundaries, filing with county — sole providers, when.

Section 320.320 - Volunteer firefighters serving without wages, salary or certain other benefits, declared to be public safety officers of state — volunteer firefighters may receive certain benefits.

Section 320.330 - Citation of law.

Section 320.333 - Definitions.

Section 320.336 - Termination from employment prohibited, when — loss of pay permitted, when — written verification of service permitted — employer notification requirements.

Section 320.339 - Wrongful termination, cause of action permitted.

Section 320.350 - Title of law — definitions.

Section 320.353 - Cigarettes, testing requirements, standards — manufacturers to maintain copies of testing reports — state fire marshal may adopt subsequent standards, report required.

Section 320.356 - Testing verification reports, content — state fire marshal certification — fee — retesting required, when.

Section 320.359 - Compliance marking required, method of marking permitted — copy of certification to be provided to wholesalers, when.

Section 320.362 - Violations, penalties.

Section 320.365 - Rulemaking authority — department of revenue may inspect cigarettes for markings.

Section 320.368 - Enforcement procedures — authorization to examine records.

Section 320.371 - Fund created, use of moneys.

Section 320.374 - Sale of cigarettes outside state or United States, requirements not to apply — termination of requirements, when — state preemption.

Section 320.380 - Compliance with applicable laws required.

Section 320.400 - Cancer benefits pool — definitions — creation, employer contributions — benefits, amount — other payments, when — grants — effect on worker's compensation determinations.