Section 22-11-14-2 - Public displays; permits; fees; qualified operations; denial of permit; violations(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(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.Amended by P.L. 187-2021,SEC. 63, eff. 7/1/2021.Amended by P.L. 57-2020,SEC. 9, eff. 7/1/2020.(Formerly: Acts 1939, c.154, s.2; Acts 1951, c.251, s.1; Acts1972 , P.L. 178, SEC.1; Acts1975 , P.L. 259, SEC.2.) As amended by Acts1978 , 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.