HB386 Alabama 2021 Session

Summary

Primary Sponsor

Kerry Rich

Republican

Session

Regular Session 2021

Title

Fireworks, State Fire Marshal, fees for manufacturing, sale, display, increased, common fireworks, redesignated consumer fireworks, authorized to be sold at retail, preemption of co. and mun ordinances or laws, fees increased based on increases in Consumer Price Index (CPI), transfer of funds to Firefighter Annuity and Benefit Fund, Sec. 36-19-31 added; Secs. 8-17-210, 8-17-211, 8-17-216.1, 8-17-217, 8-17-218, 8-17-219, 8-17-220, 8-17-225, 8-17-226, 8-17-237, 8-17-255, 34-33-11, 34-33A-12, 36-19-29 am'd.

Summary

HB386 would rename common fireworks as consumer fireworks, tighten regulation of sparkling devices and novelties, raise permit fees for fireworks-related activities, and create a dedicated State Fire Marshal's Fund with transfers to the Alabama Firefighters Annuity and Benefit Fund.

What This Bill Does

It redesignates common fireworks as consumer fireworks and defines sparkling devices and novelties, ensuring city and county ordinances cannot conflict with these items. It increases permit and display fees for manufacturing, sale, display, and use of fireworks and pyrotechnics, and establishes a semiannual transfer of 5% of those fees to the Alabama Firefighters Annuity and Benefit Fund. It creates the State Fire Marshal's Fund in the State Treasury to support administration, enforcement, training, and fire safety programs, with funds carried forward between years, and it allows CPI-based fee increases at intervals (capped at 2% per year). It includes retroactive effect and an effective date set to the first day of the third month after passage.

Who It Affects

• Fireworks industry businesses (manufacturers, distributors, wholesalers, annual retailers, seasonal retailers, and display permit holders) who would face higher permit fees, new permit requirements, and CPI-based fee increases.
• Local governments (cities and counties) and Alabama residents who purchase or view fireworks, due to the new designation of consumer fireworks, preemption of conflicting local ordinances, and the use of fee revenue to support firefighter retirement and safety programs.

Key Provisions

• Redesignates common fireworks as consumer fireworks and defines sparkling devices and novelties under federal law; city and county ordinances may not conflict with regulation of these items.
• Raises permit and display fees for manufacturing, sale, and display of fireworks and for use of pyrotechnics before a proximate audience, including updated fee levels for manufacturers, distributors, wholesalers, annual retailers, seasonal retailers, and display permits.
• Imposes a semiannual transfer of five percent of the permit fees to the Alabama Firefighters Annuity and Benefit Fund.
• Creates the State Fire Marshal's Fund in the State Treasury to pay for the operation, enforcement, training, and fire safety programs of the State Fire Marshal's Office; funds carry forward and are limited by budget laws.
• Allows fee increases tied to the Consumer Price Index at five-year intervals, with a maximum of two percent per year.
• Adds Section 36-19-31 establishing the State Fire Marshal's Fund and detailing its use, governance, and the requirement that funds be spent only as appropriated; includes retroactive effect and sets the act's effective date.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Fireworks