A. No person may sell, hold for sale, import, distribute or offer for sale, as manufacturer, distributor, wholesaler or retailer, any fireworks in this state unless such person has first obtained the appropriate license or permit.

B. The state fire marshal shall enforce the Fireworks Licensing and Safety Act. All license applications shall be submitted to the office of the state fire marshal. All retailers shall be required to purchase a retail fireworks permit for each retail location. The retail permit may be purchased from any licensed manufacturer, distributor or wholesaler or from the state fire marshal's office. Retail permits may be purchased at any time by the licensed manufacturer, distributor or wholesaler in books of twenty permits per book from the state fire marshal. Permits shall be numbered, and it shall be the responsibility of the licensed manufacturer, distributor or wholesaler to keep records of the purchases of these permits and to submit these records to the state fire marshal semi-annually on January 31 and July 31 of each year. Each semi-annual report is to cover the preceding six-month period. Retail permits that are unsold may be exchanged for new permits.

C. The state fire marshal shall appoint the deputies and employees required to carry out the provisions of the Fireworks Licensing and Safety Act. The state fire marshal may also appoint any commissioned law enforcement officer or duly appointed fire chief or his designee with approval from the local governing body required to carry out the provisions of that act.

D. The state fire board shall formulate, adopt, promulgate and amend or revise rules and regulations for the safe handling of fireworks.

History: Laws 1989, ch. 346, § 3; 1991, ch. 133, § 2; 1997, ch. 17, § 3.

Cross references. — For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.

The 1997 amendment, effective March 18, 1997, in Subsection B, substituted "Retail permits" for "These permits" at the beginning of the fifth sentence and "ten permits" for "twenty permits" near the end of that sentence; and in Subsection C, substituted "fire chief or his designee" for "fire chief or his designate" in the second sentence.

The 1991 amendment, effective June 14, 1991, in Subsections A and B, deleted "importer" following "wholesaler" and made related stylistic changes; in the second sentence in Subsection C, substituted "commissioned" for "certified" and inserted "or his designate"; and added Subsection D.