S 422

South Carolina General Assembly
126th Session, 2025-2026
Bill 422
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
40-56-90 SO AS TO PROVIDE REMEDIES FOR VIOLATIONS OF PROVISIONS CONCERNING THE
REGULATION OF PYROTECHNICS; BY AMENDING SECTION 40-56-1, RELATING TO POLICIES
AND PURPOSES CONCERNING THE REGULATION OF PYROTECHNICS, SO AS TO RESTATE PUBLIC
SAFETY GOALS OF POLICIES FOR THE MANUFACTURE, STORAGE, PURCHASE, SUPPLY, AND
SALE OF PYROTECHNICS; BY AMENDING SECTION 40-56-10, RELATING TO THE STATE BOARD
OF PYROTECHNIC SAFETY, SO AS TO REVISE BOARD COMPOSITION AND MEETING
REQUIREMENTS; BY AMENDING SECTION 40-56-20, RELATING TO DEFINITIONS CONCERNING
THE REGULATION OF PYROTECHNICS AND FIREWORKS, SO AS TO REVISE THE DEFINITIONS;
BY AMENDING SECTION 40-56-35, RELATING TO LICENSES REQUIRED FOR THE
MANUFACTURE, SALE, OR STORAGE OF FIREWORKS, SO AS TO REVISE THE REQUIREMENTS TO
INCLUDE LICENSES AND PERMITS REQUIRED FOR THE MANUFACTURING, SELLING, DEALING,
DISTRIBUTING, OR STORAGE OF PYROTECHNICS AND FIREWORKS, AND TO REVISE RELATED
LICENSING AND PERMITTING REQUIREMENTS; BY AMENDING SECTION 40-56-70, RELATING
TO DUTIES OF THE BOARD, SO AS TO REVISE THE DUTIES TO INCLUDE CERTAIN
DISCIPLINARY AUTHORITY, AMONG OTHER THINGS; BY AMENDING SECTION 40-56-80,
RELATING TO INVESTIGATIONS OF COMPLAINTS OF VIOLATIONS BY THE BOARD, SO AS TO
PROVIDE REQUIREMENTS FOR THE PRESENTATION OF INVESTIGATION RESULTS AND
SUBSEQUENT HEARINGS, TO PROVIDE CERTAIN RELATED POWERS NECESSARY FOR THE
INTEREST OF PUBLIC SAFETY; BY AMENDING SECTION 40-56-115, RELATING TO
JURISDICTION OF THE BOARD, SO AS TO PROVIDE THE BOARD HAS JURISDICTION OVER
ACTIONS OF ENTITIES OR INDIVIDUALS, IN ADDITION TO LICENSEES AND FORMER
LICENSEES, FOUND TO VIOLATE THE PROVISIONS OF CHAPTER 56, TITLE 40; BY AMENDING
SECTION 40-56-120, RELATING TO DISCIPLINARY GROUNDS AND PROCEDURES CONCERNING
THE BOARD, SO AS TO EXPAND THE GROUNDS FOR DISCIPLINE, TO PROVIDE FOR THE
AVAILABILITY OF PRIVATE REPRIMANDS, AND TO PROVIDE CERTAIN FINAL ORDERS WITH
FINDINGS OF VIOLATIONS ARE SUBJECT TO PUBLIC DISCLOSURE UNDER THE FREEDOM OF
INFORMATION ACT; BY AMENDING SECTION 40-56-130, RELATING TO LICENSE DENIAL BY
THE BOARD BASED ON THE ACTIONS THAT CONSTITUTE GROUNDS FOR DISCIPLINE, SO AS TO
PROVIDE THE BOARD MAY REFUSE TO ISSUE LICENSES OR PERMITS IN SUCH SITUATIONS;
BY AMENDING SECTION 40-56-140, RELATING TO LICENSE DENIAL BY THE BOARD BASED ON
FINDINGS OF A PRIOR CRIMINAL RECORD, SO AS TO INCLUDE THE DENIALS OF PERMITS
UPON SUCH A FINDING; BY AMENDING SECTION 40-56-150, RELATING TO VOLUNTARY
SURRENDER OF LICENSES ISSUED BY THE BOARD, SO AS TO INCLUDE THE VOLUNTARY
SURRENDER OF PERMITS ISSUED BY THE BOARD; BY AMENDING SECTION 40-56-200,
RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS REGULATING PYROTECHNICS BY
LICENSEES OF THE BOARD, SO AS TO INCLUDE HOLDERS OF PERMITS ISSUED BY THE
BOARD; BY AMENDING SECTION 40-56-220, RELATING TO FACILITIES THAT MUST COMPLY
WITH CERTAIN REGULATIONS OF THE BOARD, SO AS TO PROVIDE THE PROVISIONS DO NOT
WAIVE CERTAIN OTHER REQUIREMENTS, TO INCLUDE FIREWORKS DISTRIBUTION FACILITIES,
AND TO PROVIDE AUTHORIZED AGENTS OF THE BOARD MAY CONDUCT INSPECTIONS OF THESE
FACILITIES, AMONG OTHER THINGS; BY AMENDING SECTION 40-56-230, RELATING TO
INSURANCE REQUIRED FOR RETAIL FIREWORKS SALES LICENSES, SO AS TO REVISE
REQUIREMENTS FOR SUCH INSURANCE COVERAGE; BY AMENDING SECTION 40-56-240,
RELATING TO REQUIREMENTS OF HAVING A WHOLESALE LICENSE ISSUED BY THE BOARD TO
STORE DISPLAY FIREWORKS, SO AS TO ADD PERMITTING REQUIREMENTS FOR STORING
ARTICLES OF PYROTECHNICs, TO PROVIDE HOLDERS OF PYROTECHNIC OPERATOR LICENSES
ISSUED BY THE STATE FIRE MARSHAL MAY OBTAIN A DISPLAY MAGAZINE PERMIT FROM THE
BOARD FOR THE STORAGE OF DISPLAY FIREWORKS AT A LOCATION OTHER THAN THE DISPLAY
SITE WITHOUT OBTAINING A WHOLESALE LICENSE FROM THE BOARD, TO PROVIDE ONLY
LICENSED WHOLESALERS MAY DISTRIBUTE FIREWORKS FOR DISPLAYS, AND TO REVISE
STORAGE REQUIREMENTS FOR DISPLAY FIREWORKS, AMONG OTHER THINGS; BY AMENDING
SECTION 40-56-250, RELATING TO ORDERS OF THE BOARD TO REMOVE OR CORRECT HAZARDOUS
CONDITIONS, SO AS TO IMPOSE A THIRTY-DAY LIMIT FOR COMPLIANCE, TO ADD CERTAIN
PENALTIES, AND TO REMOVE REMAINING PENALTIES AND PROCESSES FOR VIOLATIONS TO
CONFORM TO THE ADDITION OF OTHER PENALTIES AND PROCESSES; AND BY AMENDING
SECTION 40-56-260, RELATING TO REPORTS OF FIRES OR EXPLOSIONS TO THE BOARD BY
REGULATED PARTIES, SO AS TO REMOVE EXISTING PROVISIONS AND INSTEAD PROVIDE THAT
LICENSEES AND PERMITTEES MUST REPORT IN WRITING ANY UNAUTHORIZED INCIDENT OF
EXPLOSION OR FIRE INVOLVING FIREWORKS TO THE BOARD WITHIN TWENTY-FOUR HOURS OF
THE OCCURRENCE.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 56, Title 40 of the S.C. Code is amended by
adding:
    Section
40-56-90. (A) The department may refer any reports
of violations of this chapter and Article 1, Chapter 1 or any reports of
violations of regulations promulgated under this chapter directly to the board
or may issue administrative citations and cease and desist orders in person or
by certified mail and may assess administrative penalties against any entity or
individual, including those not licensed under this chapter, for violations of
this chapter, as specified by the board.
    (B)
Separate citations may be issued and separate administrative penalties may be
assessed for each violation, however, no more than two thousand five hundred
dollars in administrative penalties may be assessed against an entity or an
individual, per day.
    (C)
Administrative penalties authorized under this section are separate from and in
addition to all other remedies, either civil or criminal.
    (D)
Administrative penalties assessed pursuant to this section may not exceed the
following limits:
       (1)
for a first violation of a particular provision of this chapter or Article 1, Chapter
1 or any board regulation, not more than a five-hundred-dollar penalty;
       (2)
for the second of two violations of the same or substantially similar provision
in a five-year period, not more than a one-thousand-dollar penalty; and
       (3)
for the third or subsequent violation of the same or substantially similar
provision in a five-year period, the citation may be referred to the board for
action in accordance with Section 40-56-120 or issued a penalty as prescribed
in item(2).
    (E) An
entity or individual assessed administrative penalties may appeal those
penalties to the board within fifteen days of receipt of the citation. If an
appeal is filed, the department shall schedule a hearing before the board,
which shall make a determination in the matter. If no appeal is filed, the
citation is deemed a final order and the administrative penalties must be paid
within thirty days of receipt of the citation.
SECTION 2.  Section 40-56-1 of the S.C. Code is amended to read:
    Section
40-56-1. It is the policy of this State, and the purpose of this chapter, to
promote the safety of the public and the environment by effective regulation of
pyrotechnics. Public safety requires that persons who handle pyrotechnics have
demonstrated their qualifications, that they adhere to
reliable safety standards, and that the sites where pyrotechnics are
manufactured, stored, and sold adhere to reliable safety standards and that pyrotechnics are manufactured, stored, purchased,
supplied, and sold in accordance with reliable safety standards and applicable
federal and state laws. It is neither the policy of this State nor the
purpose of this chapter to place undue restrictions upon entry into the
business of handling pyrotechnics.
SECTION 3.  Section 40-56-10 of the S.C. Code is amended to read:
    Section
40-56-10.  (A) The State Board of
Pyrotechnic Safety is composed of seven members appointed by the Governor. One
appointee must be employed by a local fire authority, onetwo must be a pyrotechnics retailer licensed or permitted pyrotechnics retailers, one must
be a licensed pyrotechnics wholesaler, one must be
a law enforcement representative, and threetwo must be members of the public who shall not possess
any pecuniary interest in any entity engaged in a business directly involving
the sale of pyrotechnics. Nominations for appointment to
the board may be submitted to the Governor by the board or an individual,
group, or association within the affiliated industry. A seat on the
board that remains vacant for sixty days mustmay be filled through an appointment by the Chairman of
the House Labor, Commerce and Industry Committee, and or the Chairman of the Senate Labor, Commerce and
Industry Committee.
    (B)
The terms of office for members are for four years and until their successors
are appointed and qualified. Vacancies must be filled in the manner of the
original appointment for the unexpired portion of the term.
    (C)
The board shall meet at least annually and not more than
once per month. All meetings must be scheduled at the call of the
chairman. The board shall elect from its members a chairman, vice chairman, and
other officers as it considers necessary to serve for terms of one year and
until their successors are elected and qualified. All members shall receive
mileage, per diem, and subsistence as provided by law for members of state
boards, committees, and commissions for days on which they are transacting official
business, to be paid by the board.
    (D) The department's Office of State Fire Marshal shall provide
administrative support as required by the board to perform its prescribed
functions. The State Fire Marshal or his designee is
an official consultant and is authorized to attend all meetings.
SECTION 4.  Section 40-56-20 of the S.C. Code is amended to read:
    Section
40-56-20.  As used in this chapter:
    (1) "APA"
means the American Pyrotechnics Association.
    (2) "Articles pyrotechnic" or
"pyrotechnic articles" means pyrotechnic special effects materials and
pyrotechnic devices for professional use that are similar to consumer fireworks
in chemical composition and construction but are intended for professional use,
such as theatrical performances, and are not intended for consumer use.
"Articles pyrotechnic" includes pyrotechnic devices meeting the weight limits
for consumer fireworks that are not labeled as such and are classified as
UN0431 or UN0432 pursuant to 49 CFR 172.101, as amended.
    (2)(3) "Board" means the State Board of Pyrotechnic Safety.
    (3)(4) "Consumer fireworks" means any small firework devicefirework devices containing
restricted amounts of pyrotechnic composition, designed primarily to produce visible or
audible effects by combustion including, but not
limited to, whistling devices, ground devices containing 50 mg or less of
explosive materials, and aerial devices containing 130 mg or less of explosive
materials, and which must comply with the construction, chemical
composition, and labeling regulations of the U.S. Consumer Product Safety
Commission, as set forth in Title 16, Code of Federal
Regulations, partsCFR Parts 1500 and 1507, the U.S. Department of Transportation, as set forth in Title
49 CFR Part 172, and the American Pyrotechnics Association as set forth in and APA Standard 87-1(A), including
subsequent amendments, and editions. Some small
devices designed to produce audible effects are consumer fireworks, including,
but not limited to, whistling devices, ground devices containing 50 mg or less
of explosive materials, and aerial devices containing 130 mg or less of
explosive materials. Consumer fireworks are classified as fireworks
UN0336, and UN0337 by the U.S. Department of Transportation at 49 C.F.R.
172.101. This term does not include fused setpieces
containing components which together exceed 50 mg of salute powder. Consumer
fireworks are further defined as those classified by the U.S. Department of
Transportation hazard classification 1.4G. These fireworks were formerly known
as "Class C Fireworks".
    (5) "Consumer Fireworks Retail Sales
Facility (CFRS facility)" means a permanent building that is used primarily for
the retail display and sale of consumer fireworks to the public.
    (6) "Consumer Fireworks Retail Sales
Stand (CFRS stand)" means a structure, other than a tent, canopy, or membrane
structure, that is primarily used for the sale of consumer fireworks to the
public.
    (7) "Consumer Fireworks Retail Sales
Store (CFRS store)" means a permanent building that contains a variety of
merchandise and is not used primarily for the retail display and sale of
consumer fireworks to the public.
    (4)(8) "CPSC" means the U.S. Consumer Product Safety
Commission.
    (5)(9) "Department" means the Department of Labor, Licensing
and Regulation.
    (6)(10) "Display fireworks" means large fireworks devices that are explosive
materials intended for use in firework displays and are designed
primarily to produce visible or audible effects by combustion, deflagration, or
detonation as set forth in Title 27 CFR Part 555, Title 49
CFR Part 172, APA Standard 87-1(B) and (C), and any successor standard adopted
by the American Pyrotechnics Association. This term includes, but is not
limited to, salutes containing more than 2 grains (130 mg) of explosive materials,
aerial shells containing more than 40 grams of pyrotechnic compositions, and
other display pieces which exceed the limits of explosive materials for
classification as "consumer fireworks". Display fireworks are classified as
fireworks UN0333, UN0334, or UN0335 by the U.S. Department of Transportation at
49 C.F. R. 172.101. This term also includes fused setpieces containing
components which together exceed 50 mg of salute powder,
and articles of pyrotechnics. Display fireworks are
further defined as those classified by the U.S. Department of Transportation as
hazard classification 1.3G. These fireworks were formerly known as "Class B
Fireworks".
    (11) "Display firework magazine" means
a building or structure, other than an explosives manufacturing building,
approved for the storage of display fireworks.
    (12) "Distribute" means to sell,
issue, give, transfer, or otherwise dispose of explosive materials. This term
includes, but is not limited to, the actual, constructive, or attempted
transfer or delivery of any firework, from one person to another. The term does
not include a mere change of possession from a person to his agent or employee
in connection with the agency or employment.
    (7)(13) "DOT" means the U.S. Department of Transportation.
    (14) "Entity" means a sole
proprietorship, partnership, limited liability partnership, limited liability
company, association, joint venture, cooperative, corporation, or other legal
entity authorized by law and approved by the board.
    (8)(15) "Fireworks" means any composition or device designed
to produce a visible or an audible effect by combustion, deflagration, or
detonation, and which meets the definition of "articles
pyrotechnic," "consumer fireworks," or
"display fireworks" as defined by this section.
    (16) "Illegal firework" means any
fireworks composition or device assembled, manufactured, distributed, stored,
supplied, delivered, offered for sale, or possessed in violation of this
chapter, or that does not conform to the standards of the United States Consumer
Product Safety Commission, or applicable federal laws.
    (17) "Individual" means a natural
person.
    (18) "Jobber" means an individual or
entity that only purchases consumer fireworks from a wholesale distributor
licensed to do business in this State and only sells consumer fireworks to
retailers licensed to do business in this State.
    (19) "License" means any authorization
to manufacture, sell, distribute, or store fireworks in this State as issued
under this chapter.
    (9)(20) "Licensee" means a person, firm,an individual or entity that has been issued a license or permit by the board under the provisions of this
chapter to manufacture, sell, or store fireworks.
    (21) "Manufacturer" means an
individual or entity licensed to manufacture consumer or display fireworks in
this State.
    (22) "Manufacturing" means the mixing,
pressing, and loading of explosive or pyrotechnic compositions for the purpose
of producing fireworks or pyrotechnic articles.
    (23) "Manufacturing facility" means a
place where manufacturing of fireworks, novelties, pyrotechnic articles, or
components for these devices is conducted.
    (10)(24) "NFPA" means National Fire Protection Association.
    (25) "Permit" means an authorization
to sell or store fireworks in this State as issued under this chapter.
    (26) "Person" means an individual,
corporation, partnership, or association, or any other legal entity authorized
by law.
    (11)(27) "Pyrotechnics" means any composition or device
designed to produce visible or audible effects for entertainment purposes by
combustion, deflagration, or detonation.
    (28) "Retailer" means an individual or
entity that only purchases consumer fireworks from a wholesale distributor or
jobber licensed to do business in this State and only sells consumer fireworks
to the general public.
    (12)(29) "Small bottle rocket" ismeans a consumer firework with a motor less than one-half
inch in diameter and three inches in length, a stabilizing stick less than
fifteen inches in length, and a total pyrotechnic composition not exceeding 20
grams in weight.
    (30) "Temporary retail permit" is a
retail permit issued for a CFRS stand or CFRS store that is valid for up to
ninety days.
    (31) "Wholesale distributor" or
"wholesaler" means an individual or entity that may buy foreign or domestic
fireworks, store fireworks, and supply or sell fireworks to any person or
entity holding the proper South Carolina license or permit.
SECTION 5.  Section 40-56-35 of the S.C. Code is amended to read:
    Section
40-56-35.  (A) Except as otherwise
provided for in this section, a person, firm, or entity that manufactures,
sells, or stores fireworks shall obtain a license issued
by the board pursuant to this chapter., deals in,
distributes, or stores any pyrotechnics or fireworks in this State shall obtain
a license or permit issued by the board pursuant to this chapter. The board
shall issue the following licenses and permits to applicants who qualify under
and comply with the requirements of this chapter:
       (1) manufacturer license;
       (2) wholesaler license;
       (3) jobber license;
       (4) retailer license;
       (5) temporary retailer permit; and
       (6) display magazine permit.
    (B) General license requirements
are as follows:
       (1)
A license or permit may not be issued to anyone
under the age of eighteen.
       (2)
An application for licensurea
license or permit  must be submitted on forms prescribed by the board
accompanied by applicable fees.
       (3)
A license or permit is required for each physical
address or site at which fireworks are manufactured, sold, distributed, or stored in this State.
       (4)
A copy of the appropriate license issued by the South Carolina Department of
Revenue for retail sales of fireworks must accompany each application for a
retail fireworks sales license or permit.
       (5)
Initial license or permit applications and
applications for license or permit renewal may be
approved only after an authorized agent of the board inspects the buildings and
facilities where fireworks are to be manufactured, sold, distributed,
or stored fordetermines
compliance with the current codes and standards.
       (6)
All licenses and permits, only
may be issued for one calendar year with the
exception of temporary retailer permits, are valid for two calendar years and
must be renewed in accordance with regulations promulgated by the board. All
temporary retail permits expire when the underlying insurance expires or after
ninety days, whichever occurs first. Temporary retailer permits for CFRS stands
automatically expire if the CFRS stand is moved from its permitted location.
       (7)
Licenses and permits must be prominently displayed
at the licensee's place of business approved for the manufacture, sale, or
storage of fireworks.
       (8)
Licenses and permits issued by the board are
nontransferable.
       (9) A license or permit may not be
issued or renewed to an individual or entity with unpaid administrative or
civil penalties imposed pursuant to this chapter or Chapter 1.
    (B)(C) A license or permit is not
required for the:
       (1)
manufacture, sale, storage, transportation, handling, or a combination of
these, including, but not limited to, railroad torpedoes, automotive,
aeronautical, andor
marine flares, or consumer devices intended for the use as
emergency and smoke signals;
       (2)
transportation, storage, handling, or use of fireworks, or a combination of
these, by the Armed Forces of the United States;
       (3)
transportation, handling, or use of fireworks, or a combination of these, by
the State Fire Marshal, his employees, or a commissioned law enforcement
officer acting within his official capacity;  or
       (4)
fireworks deregulated by the U.S. Department of Transportation.
SECTION 6.  Section 40-56-70 of the S.C. Code is amended to read:
    Section
40-56-70.  (A) In
addition to the powers and duties provided in Section 40-1-70, it is the
duty and responsibility of the board to promulgate, pursuant to the
Administrative Procedures Act, regulations relating to pyrotechnics in this
State, including the manufacture, distribution, sale,
storage, and fire safety of these products. These regulations must be adjusted
using the procedures in Chapter 34, Title 1.
    (B) The board may conduct hearings on alleged violations by
licensees of this chapter or regulations promulgated pursuant to this chapter
and may discipline these licensees.The board may
discipline individuals or entities licensed or permitted under this chapter
found in violation of this chapter, or regulations promulgated by the board.
After notice and hearing pursuant to the Administrative Procedures Act, the
board may revoke, suspend, refuse to renew, reprimand, censure, or impose an
administrative fine. In the interest of public safety, the board also may order
an individual or entity take remedial action, if found in violation of this
chapter or other relevant state or federal law or regulations.
    (C) In the interest of public safety,
the board also may:
       (1) issue administrative citations and
cease and desist orders in person or by certified mail and may assess
administrative penalties against any entity or person, including those not
licensed under this chapter, for violations of this chapter as specified by the
board; and
       (2) order an individual or entity take
remedial action, if found in violation of this chapter or other applicable
state or federal law or regulations.
    (C)(D) The board also shall recommend to the General Assembly
legislation it considers necessary for the safety and control of the sale of
pyrotechnics.
    (E) The board may establish guidelines
and promulgate regulations consistent with current codes and professional standards
for the inspection of buildings and facilities where fireworks are to be
manufactured, stored, distributed, or sold.
SECTION 7.  Section 40-56-80 of the S.C. Code is amended to read:
    Section
40-56-80.  (A) The Department of
Labor, Licensing and Regulation shall investigate complaints and violations of
this chapter as provided for in Chapter 1. The results of
an investigation must be presented to the board and any subsequent hearing must
be conducted pursuant to Section 40-1-90.
    (B)
During reasonable business hours, the department or its authorized agent may
enter the premises or vehicle of a person engaged in the manufacture, distribution, sale, or storage of pyrotechnics to
inspect, investigate, or examine the property or installation it considers
necessary. When an emergency exists, as declared by the department, the inspectorauthorized agent may
enter the premises of a person and, in the interest of public safety, take necessary action
for public safety including, but not limited to,
the evacuation of the area where the emergency exists.
    (C) A fire chief and his inspector, a sheriff and his deputy, a
chief of police and his officer, and an agent of SLEDAn authorized agent of the board may inspect a building,
facility, or vehicle where fireworks may be manufactured, purchased,
distributed, stored, or sold and any records
of manufacturing, storage, sales, and purchases that
must be maintained.
    (D) An official named in this section who has the authority to
inspect may confiscate illegal fireworks being manufactured, offered for sale,
stored, or possessed.In the interest of public
safety, a law enforcement officer, or an official named in this section who has
the authority to inspect, may seize illegal fireworks being manufactured,
offered for sale, stored, distributed, or possessed in this State in violation
of this chapter, upon a determination of probable cause.
       (1) Fireworks seized in the enforcement
of this chapter shall be kept in the custody of the seizing agent or the county
in which the fireworks were seized.
       (2) The owner of the seized fireworks
may file an action contesting the seizure in a circuit court in the county in
which the fireworks were seized.
       (3) No later than the thirtieth day
after the hearing on the seizure, the court may authorize the return of part or
all of the confiscated fireworks. The court shall order any fireworks not
returned to be destroyed.  If an action contesting the seizure is not filed by
the thirtieth day after the seizure, the seizing agent or the Sheriff shall
destroy the fireworks.
    (E)
The board may compel the attendance of witnesses to testify in relation to a
matter within its jurisdiction.
SECTION 8.  Section 40-56-115 of the S.C. Code is amended to read:
    Section
40-56-115. The board has jurisdiction over the actions of licensees and former
licensees as provided for in Chapter 1 and any entity or
individual found in violation of this chapter pursuant to Section 40-56-70.
SECTION 9.  Section 40-56-120 of the S.C. Code is amended to read:
    Section
40-56-120. (A) In addition to the grounds for discipline provided for in
Article 1, Chapter 1, the board may impose disciplinary action authorized by
this chapter upon a licensee or other individual or entity if the board finds
any of these grounds for discipline exists:
       (1) subsequent discovery of facts
which, if known at the time of issuance or renewal of a license or permit,
would have been grounds to deny the issuance or renewal of a license or permit;
       (2) violation of a provision of:
  (a) Chapter 1, Article 1;
  (b) this chapter; or
  (c) a regulation promulgated under
this chapter;
       (3) fraud, deceit, or
misrepresentation of a material fact in obtaining a license or permit;
       (4) aiding or abetting an unlicensed
individual or entity to evade the provisions of this chapter, combining or
conspiring with an unlicensed individual or entity, allowing one's license or
permit to be used by an unlicensed individual or entity, or acting as agent,
partner, or associate of an unlicensed individual or entity;
       (5) failure to take appropriate
corrective action to comply with this chapter or a regulation promulgated under
this chapter without valid justification within a reasonable period of time
after receiving a written directive from the department;
       (6) a condition found as a result of
an inspection, examination, or investigation provided for in this chapter that
is hazardous to public safety;
       (7) failure to notify the department
of changes in information required in an original or renewal application;
       (8) failure to comply with an order of
the board;
       (9) failure to maintain the required
policy of public liability insurance; or
       (10) failure to make a report as
required by Section 40-56-260 within twenty-four hours of any fire or explosion
of which the individual or entity has knowledge.
    (B) Upon a determination by the
board that grounds for discipline exist, the board is authorized to:
       (1)
issue a public reprimand;
       (2)
impose a civil penalty not to exceed two thousand five hundred dollars;
       (3)
place a licensee on probation or restrict or suspend a license or permit for a definite or indefinite time period and
prescribe conditions to be met during this period including, but not limited
to, satisfactory completion of additional education, or a supervisory period;
or
       (4)
revoke the license or permit.
    (B) The board may take
disciplinary action against a person for:
       (1) the grounds stated
in Chapter 1;  or
       (2) a condition found as
a result of an inspection, examination, or investigation provided for in
Section 40-56-80 that is hazardous to public safety.
    (C) Disciplinary action may be taken
against an individual or entity who the board determines to be responsible for
violations of this chapter regardless of changes in corporate identity or
federal employer identification subsequent to the violation.
    (D) Sanctions, discipline, or
administrative penalties authorized by this chapter or Section 40-1-120 may
include a private reprimand. A final order of the board finding that an entity
or person is in violation of this chapter or Section 40-1-10, et seq., becomes
public knowledge, except for a final order dismissing the complaint, issuing a
letter of caution, or imposing a private reprimand.
SECTION 10. Section 40-56-130 of the S.C. Code is amended to read:
    Section
40-56-130. The board may deny licensure refuse to issue a license or permit to an applicant
based on the same grounds for which the board may take disciplinary action
against a licensee.
SECTION 11. Section 40-56-140 of the S.C. Code is amended to read:
    Section
40-56-140. A license or permit may be denied based
on a person's prior criminal record only as provided for in Chapter 1.
SECTION 12. Section 40-56-150 of the S.C. Code is amended to read:
    Section
40-56-150. A licensee under investigation for a violation of this chapter or a
regulation promulgated pursuant to this chapter may voluntarily surrender the
license or permit pursuant to Chapter 1.
SECTION 13. Section 40-56-200(A) of the S.C. Code is amended to
read:
    (A) A person required by this chapter
to obtain a license or permit to do business in
this State, who has not obtained a license or permit
or who operates while his license or permit is
suspended or revoked or who violates a provision of this chapter or a
regulation promulgated pursuant to this chapter, is guilty of a misdemeanor
and, upon conviction, must be fined not less than one thousand dollars and not
more than two thousand dollars or imprisoned for not less than ninety days and
not more than one year.
SECTION 14. Section 40-56-220 of the S.C. Code is amended to read:
    Section
40-56-220. (A) All facilities for the manufacturing, sales, or storage of
fireworks must comply with regulations established by the board.The provisions of this section do not waive any other
requirements to obtain licensure, permits, or certification as required by law
to manufacture, distribute, sell, or store fireworks. A facility engaged in the
manufacture, distribution, sale, or storage of fireworks must hold the
requisite licensure or permits required by law. An authorized agent of the
board may inspect any facility where fireworks may be manufactured, stored,
distributed or sold and records of manufacture, storage, sales, and purchases
that must be maintained for the purpose of determining compliance with
applicable law.
    (B)
All consumer fireworks must comply with standards set by the U.S. Department of
Transportation and the CPSC for consumer fireworks. TheAn authorized agent of the board may request fireworks be
tested by a CPSC certified testing group to seeensure that these standards are met.
    (C)
Retail sale, distribution, and use of small bottle
rockets are not legal within South Carolinain this State.
    (D)
Fireworks may not be sold to anyone under the age of sixteen.
SECTION 15. Section 40-56-230 of the S.C. Code is amended to read:
    Section
40-56-230. (A) An application for a
retail fireworks sales license must be accompanied by evidence that the
applicant holds a policy that:
       (1)
provides public liability insurance coverage for retail fireworks
sales activities at the location for the permitted sale period;
       (2)
is issued by an insurance company authorized to do business in this State;  and
       (3) lists the South Carolina Board of
Pyrotechnic Safety as a certificate holder, except for those policies issued
for fewer than ninety days' use for temporary retail permits; and
       (3)(4) provides coverage in the following minimum amounts:
  (a)
one million dollars for injuries or damage to any one person in one accident or
occurrence;
  (b)
one million dollars for injuries to two or more persons in any accident or
occurrence;  and
  (c)
one million dollars combined single-limit coverage for any one accident or
occurrence.
    (B)
A policy, except those policies issued for fewer than ninety days' use for
seasonal permits, by its original term or an endorsement, must obligate the
insurer to not cancel, suspend, or nonrenew the policy without thirty days'
written notice of the proposed cancellation, suspension, or nonrenewal being
given to the board. The insured immediately shall give
notice to the board if liability insurance is canceled, suspended, or
nonrenewed.
    (C) A policy of liability insurance
required by this section must be continuously maintained for the duration of
the licensure period and may only be canceled by providing written notification
to the department by the insurance carrier and licensee thirty days prior to
cancellation. The cancellation does not affect any liability on the policy that
accrued before cancellation. A licensee shall provide proof that it has
obtained a new policy of liability insurance within ten days of the
cancellation date or their license and/or permit is suspended until written
proof of liability insurance is provided.
SECTION 16. Section 40-56-240 of the S.C. Code is amended to read:
    Section
40-56-240. (A) Except as provided for in subsection (B), a person may
not store display fireworks or articles pyrotechnics in
this State unless the person has obtained a display
magazine permit or wholesale license from the board.
    (B) An individual or entity holding a pyrotechnic
operator license issued by the State Fire Marshal may obtain a display magazine
permit from the board for the storage of display fireworks at a location other
than the display site without obtaining a wholesale license from the board.
    (B)(C) Only licensed wholesalers shall sell, distribute, or provide fireworks for displays.
    (C) (D) All buildings and structures used
to store display fireworks must meetdisplay
fireworks must be stored in a display firework magazine meeting the
requirements set forth in regulations established by the board.
    (D) (E) These license holders also must
comply with U.S. Bureau of Alcohol, Tobacco, and Firearms regulations.All wholesale and magazine license and permit holders also must
comply with the United States Bureau of Alcohol, Tobacco, and Firearms
explosives laws, 18 U.S.C. Chapter 40, and the regulations promulgated pursuant
to Title 27 CFR. 555, et seq., and the laws of this State.
SECTION 17. Section 40-56-250 of the S.C. Code is amended to read:
    Section
40-56-250. (A) If the board or its designee finds a
condition as a result of an inspection, that is hazardous to the public safety
or a violation of this chapter or regulations promulgated pursuant to this
chapter, the board shall issue an order in writing to remove or correct the
condition. If a person fails to comply with the terms of the order within thirty days, the board may issue administrative
citations and may assess administrative penalties against any licensee as provided in Section 40-56-90.
    (B) Administrative
penalties authorized under this section are separate from and in addition to
all other remedies, either civil or criminal.
    (C) Administrative
penalties assessed pursuant to this section may not exceed two thousand five
hundred dollars for each violation.
    (D) An entity or individual
assessed administrative penalties by citation under this section may appeal the
citation to the Board of Pyrotechnic Safety within fifteen days of receipt of
the citation. The appeal must be filed in writing. If an appeal is filed, the
board shall schedule a hearing, which shall make a determination in the matter.
If no appeal is filed, the citation is deemed a final order, and the
administrative penalties must be paid within thirty days of receipt of the
citation.
SECTION 18. Section 40-56-260 of the S.C. Code is amended to read:
    Section
40-56-260. An owner, manager, or operator of any location
regulated by this chapter shall report to the board within twenty-four hours of
any fire or explosion of which the person has knowledge, with as complete
detail as possible, together with evidence as he has obtained after
investigation of the fire or explosion. No reports filed pursuant to this
section may be disclosed unless disclosure is in compliance with the
requirements of Chapter 4, Title 30 of the 1976 Code.Licensees and permittees must report in writing any unauthorized
incident of explosion or fire involving fireworks to the board within
twenty-four hours after the occurrence.
SECTION 19. This act takes effect upon
approval by the Governor.
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This web page was last updated on March 06, 2025 at 04:25 PM