Amended  IN  Senate  January 05, 2026
Amended  IN  Senate  September 11, 2025
Amended  IN  Senate  March 26, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill
No. 828

Introduced by Senator Cabaldon
(Principal coauthor: Assembly Member Aguiar-Curry)

February 21, 2025

An act to amend Sections 12590 and 12607 12590, 12607, 12619, 12635, and 12726 of, and to add Sections 12619.1 and 12640.1 12590.5, 12590.6, 12619.1, 12640.1, 12640.2, and 12640.3 to, the Health and Safety Code, relating to fireworks.


LEGISLATIVE COUNSEL'S DIGEST


SB 828, as amended, Cabaldon. Fireworks licenses and permits: criminal convictions: disqualifying conditions: storage facilities: local jurisdictions.
The State Fireworks Law requires the State Fire Marshal to adopt regulations relating to fireworks as may be necessary for the protection of life and property. Existing law requires these regulations to include, among other things, provisions for the granting of licenses and permits for the manufacture, wholesale, import, export, and sale of all classes of fireworks. Existing law authorizes the State Fire Marshal to deny or revoke a fireworks license for specified reasons. A violation of the State Fireworks Law or the regulations issued pursuant thereto is a misdemeanor.
Existing law requires fireworks licensees seeking authorization for specified activities related to fireworks to submit a written application for a permit to the chief of the fire department or the chief fire prevention officer of the city or county, or to another issuing authority that may be designated by the governing body of the city or county, or, in the event there is no officer or person appointed within the area, to the State Fire Marshal or the State Fire Marshal’s deputy, as provided.
This bill would require applicants for a wholesaler’s license, a manufacturer’s license, an importer’s license, or an exporter’s license to disclose the complete street addresses of any intended storage facilities on their initial application. The bill would also require holders of those licenses to notify the Office of the State Fire Marshal and specified local entities of the complete street addresses of intended storage facilities for any fireworks or materials to build fireworks. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would subject licensees who violate that notification requirement to a fine of no less than $10,000, and would authorize the State Fire Marshal to revoke their license. The bill would require the Office of the State Fire Marshal, upon approval of an application for a wholesaler’s license, a manufacturer’s license, an importer’s license, or an exporter’s license, to notify specified local entities of any storage site reported on the application.
This bill would require a fireworks licensee to provide to the State Fire Marshal documentation affirming the possession of a permit applicable to fireworks activity and necessary local land use permits or other entitlements, as required by the public agency having local jurisdiction, and information about the storage sites for the fireworks. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would authorize the State Fire Marshal to revoke the fireworks license of a licensee who fails to provide this documentation or information and to deny a license to a license applicant who fails to provide this documentation or information, as provided. The bill would also require the State Fire Marshal to both allow the applicable public agency an opportunity to validate the permit or entitlement assertions of the licensee and to furnish a copy of any applicable license to the public agency, as provided.
This bill would authorize a public agency to adopt by ordinance or resolution a schedule of fees to recover the reasonable costs incurred in administering, processing, inspecting, and enforcing the conditions of permits for fireworks activities or storage within its jurisdiction, as provided.
Existing law provides that if dangerous fireworks are seized pursuant to a local ordinance that provides for administrative fines or penalties and these fines or penalties are collected, the local government entity collecting the fines or penalties shall forward 65% of the collected moneys to the Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund.
This bill would repeal the requirement that the local government entity collecting the fines or penalties forward 65% of the collected moneys to the Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund.
Existing law requires a fireworks licensee or permittee to permit the chief of the issuing authority, or the chief’s authorized representatives, to enter and inspect any building or other premises subject to the control of or used by the licensee or permittee for any purpose related to fireworks at any time for the purpose of enforcing the State Fireworks Law.
This bill would authorize the chief of the fire department, fire marshal, or chief fire prevention officer of the city, county, city and county, fire protection district, or other public agency having jurisdiction, or their authorized representative, to enter and inspect, at reasonable times, any premise, facility, or storage site used for the manufacture, storage, sale, or display of fireworks to determine compliance with specified portions of the State Fireworks Law, the regulations of the State Fire Marshal, and applicable local fire codes. The bill would require the public agency to inspect each fireworks facility or storage site within its jurisdiction at least once every 12 months, as provided. By imposing new duties on local jurisdictions, the bill would impose a state-mandated local program. The bill would authorize a local public agency to require correction of any unsafe or noncompliant condition identified during inspection and suspend or revoke the local permit until compliance is achieved.
Existing law requires an import or export fireworks licensee to file a notice containing specified information with the State Fire Marshal before the arrival of any class of fireworks subject to the license held by the licensee.
This bill would additionally require that notice to include the street address and county of the facilities in which the fireworks will be stored and copies of applications related to applicable zoning and land use approvals. The bill would also require an import or export fireworks licensee to additionally provide this notice to the local jurisdiction listed as the destination for the fireworks. By expanding the scope of a crime, the bill would impose a state-mandated local program.
Existing law authorizes the State Fire Marshal to deny the application for a license or the application for renewal of a license filed by a person who has been convicted of a felony involving explosives or dangerous fireworks or who has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offenses, as provided.
This bill would additionally authorize the State Fire Marshal to deny the application for a license or the application for renewal of a license to a person under indictment for, or who has been convicted in any court of, a crime that is both (A) punishable by imprisonment for a term exceeding one year, and (B) a violent crime or an offense the commission of which creates a threat to public safety. The bill would also authorize the State Fire Marshal to deny the application for a license or the application for renewal of a license to a person prohibited from handling explosives under federal law or a person subject to a previous federal seizure action related to fireworks or a previous denial or revocation of a federal fireworks license.

Existing law requires an import or export fireworks licensee to file a notice with the State Fire Marshal before the arrival of any class of fireworks subject to the license held by the licensee.

This bill would require an import or export fireworks licensee to additionally provide the above-described notice to the local jurisdiction listed as the destination for the fireworks. By expanding the scope of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12590 of the Health and Safety Code is amended to read:

12590.
 The State Fire Marshal may deny or revoke any license issued pursuant to this part if the State Fire Marshal finds any of the following conditions has occurred:
(a)  The licensee has failed to pay the annual renewal license fee provided in this chapter.
(b)  The licensee or license applicant has violated any provisions of this part or any regulations adopted by the State Fire Marshal pursuant to this part.
(c)  The licensee or license applicant has created or caused a fire nuisance.
(d)  The licensee has failed to keep full, complete, and accurate records or failed to file any required reports.
(e)  Any fact or condition exists which, if it had existed at the time of the original application for the license reasonably would have warranted the State Fire Marshal in refusing originally to issue the license.
(f)  The permit issued under Section 12640 has been rescinded or revoked by the issuing authority.
(g)  Any licensee or license applicant has refused to make available to the State Fire Marshal full, complete, and accurate records.
(h) (1) The licensee has failed to provide to the State Fire Marshal the documentation or information required pursuant to Section 12640.1.
(2) The license applicant has failed to provide to the State Fire Marshal the documentation or information described in Section 12640.1, excluding documentation related to permits that may only be acquired by those who already possess a license.

SEC. 2.

 Section 12590.5 is added to the Health and Safety Code, to read:

12590.5.
 (a) Applicants for a wholesaler’s license, a manufacturer’s license, an importer’s license, or an exporter’s license shall disclose the complete street addresses of any intended storage facilities for any fireworks or materials to build fireworks on their initial application.
(b) (1) A wholesaler licensee, manufacturer licensee, importer licensee, or exporter licensee shall notify the Office of the State Fire Marshal, the applicable city manager or, if there is no city manager, chief administrative officer, county administrator, sheriff, and police chief of the complete street addresses of any intended storage facilities for any fireworks or materials to build fireworks.
(2) In addition to any penalties imposed pursuant to Chapter 8 (commencing with Section 12700), a person who violates paragraph (1) shall be fined no less than ten thousand dollars ($10,000) and the State Fire Marshal may revoke their license.

SEC. 3.

 Section 12590.6 is added to the Health and Safety Code, to read:

12590.6.
 The Office of the State Fire Marshal shall, upon approval of an application for a wholesaler’s license, a manufacturer’s license, an importer’s license, or an exporter’s license, notify the following parties of any storage site reported on the application:
(a) The applicable county administrator and city manager or, if there is no city manager, chief administrative officer.
(b) The applicable local fire chief.
(c) The applicable hazardous materials office.
(d) The applicable sheriff and police chief.

SEC. 2.SEC. 4.

 Section 12607 of the Health and Safety Code is amended to read:

12607.
 The State Fire Marshal may deny the application for a license or the application for renewal of a license filed by a person who meets any of the following conditions:
(a) The person has been convicted of a felony involving explosives or dangerous fireworks.
(b) The person has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offense contained in Chapter 1 (commencing with Section 450) of Title 13 of Part 1 of the Penal Code.
(c) The person is under indictment for, or has been convicted in any court of, a crime that meets both of the following conditions:
(1) The crime is punishable by imprisonment for a term exceeding one year.
(2) The crime is a violent offense or an offense the commission of which creates a threat to public safety.
(d) The person is prohibited from handling explosives under federal law.
(e) The person was subject to either a previous federal seizure action related to fireworks or a previous denial or revocation of a federal fireworks license.

SEC. 5.

 Section 12619 of the Health and Safety Code is amended to read:

12619.
 All import and export licensees shall file a notice with the State Fire Marshal prior to before the arrival of any class of fireworks subject to the license he the import and export licensee holds. The notice shall state all of the following:
(a)  Estimated date of arrival.
(b)  Type, kind, and quantity of fireworks.
(c)  Name of carrier.
(d)  Point of origin and bill of lading number.
(e)  Name and address of consignee.
(f)  Load number or other identification carton marks.
(g) Street address and county of the facilities in which the fireworks will be stored.
(h) Copies of applications related to applicable zoning and land use approvals.

SEC. 3.SEC. 6.

 Section 12619.1 is added to the Health and Safety Code, to read:

12619.1.
 An import or export licensee shall provide the notice described in Section 12619 to the local jurisdiction listed as the destination for the fireworks.

SEC. 7.

 Section 12635 of the Health and Safety Code is amended to read:

12635.
 All Except as otherwise provided, all of the moneys collected pursuant to this part shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section 13137 and shall be available, when appropriated by the Legislature, to the State Fire Marshal to carry out this part.

SEC. 4.SEC. 8.

 Section 12640.1 is added to the Health and Safety Code, to read:

12640.1.
 (a) The licensee shall provide to the State Fire Marshal the following, if applicable:
(1) Documentation affirming the possession of a permit applicable to fireworks activity required by the public agency having local jurisdiction pursuant to this chapter.
(2) Documentation affirming possession of necessary local land use permits or other entitlements required by the public agency having local jurisdiction pursuant to this chapter.
(3) Information about the storage sites for the fireworks.
(b) The State Fire Marshal shall allow the applicable public agency an opportunity to validate the permit or entitlement assertions of the licensee as described in paragraphs (1) and (2) (1), (2), and (3) of subdivision (a), and shall furnish to the public agency a copy of any license issued to the licensee pursuant to Chapter 5 (commencing with Section 12570).
(c) Upon validation pursuant to subdivision (b), the applicable public agency, including a city, county, city and county, or fire protection district, may impose reasonable fees and conduct inspections consistent with Sections 12640.2 and 12640.3.

SEC. 9.

 Section 12640.2 is added to the Health and Safety Code, to read:

12640.2.
 (a) A public agency having local jurisdiction pursuant to this chapter, including a city, county, city and county, or fire protection district, may adopt by ordinance or resolution a schedule of fees to recover the reasonable costs incurred in administering, processing, inspecting, and enforcing the conditions of permits required pursuant to this chapter for fireworks activities or storage within its jurisdiction.
(b) The fees authorized by this section may include, but are not limited to, costs associated with any of the following:
(1) Reviewing applications and documentation submitted under Section 12640.1.
(2) Conducting initial and annual inspections of facilities or storage sites where fireworks are manufactured, stored, sold, or otherwise handled.
(3) Verifying compliance with local land use, zoning, and fire safety regulations.
(4) Responding to complaints or violations related to fireworks operations.
(c) All fees collected under this section shall be deposited into a special fund of the public agency having local jurisdiction pursuant to this chapter and used exclusively for the activities described in this section.

SEC. 10.

 Section 12640.3 is added to the Health and Safety Code, to read:

12640.3.
 (a) The chief of the fire department, fire marshal, or chief fire prevention officer of the city, county, city and county, or fire protection district or other public agency having jurisdiction pursuant to this chapter, or their authorized representative, is authorized to enter and inspect, at reasonable times, any premise, facility, or storage site used for the manufacture, storage, sale, or display of fireworks to determine compliance with this chapter, the regulations of the State Fire Marshal, and applicable local fire codes.
(b) A public agency having local jurisdiction pursuant to this chapter, including a city, county, city and county, or fire protection district shall, at least once every 12 months, inspect each fireworks facility or storage site within its jurisdiction. The inspection shall include verification of the following:
(1) Permit validity and required documentation under Section 12640.1.
(2) Compliance with the fireworks storage, separation, and safety requirements of Title 19 (commencing with Section 1.00) of the California Code of Regulations.
(3) Maintenance of required fire protection systems and safety signage.
(c) A public agency having local jurisdiction pursuant to this chapter, including a city, county, city and county, or fire protection district having jurisdiction pursuant to this chapter may require correction of any unsafe or noncompliant condition identified during inspection and may suspend or revoke the local permit until compliance is achieved.

SEC. 11.

 Section 12726 of the Health and Safety Code is amended to read:

12726.
 (a) The dangerous fireworks seized pursuant to this part shall be managed by the State Fire Marshal in the manner prescribed by the State Fire Marshal and in accordance with subdivision (b) at any time after the final determination of proceedings under Section 12724, or upon final termination of proceedings under Section 12593, whichever is later. If no proceedings are commenced pursuant to Section 12724, the State Fire Marshal shall manage the dangerous fireworks in a manner prescribed by the State Fire Marshal and in accordance with subdivision (b).
(b) (1) The State Fire Marshal shall ensure that any dangerous fireworks seized pursuant to this part that are identified by the State Fire Marshal as hazardous waste are managed in accordance with California and federal hazardous waste laws and regulations. The State Fire Marshal shall ensure that this hazardous waste is shipped only by registered hazardous waste transporters and treated, stored, or disposed of only by authorized hazardous waste facilities.
(2) When managing fireworks seized pursuant to this part, the State Fire Marshal shall not repurpose, transfer, or sell the seized fireworks for purposes of retail sale.
(3) Management of fireworks seized pursuant to this part shall only involve the following actions:
(A) Use by fire and law enforcement agencies for safety, education, training, testing, and enforcement purposes.
(B) Use by the Office of the State Fire Marshal and the federal Consumer Product Safety Commission for regulatory compliance testing and comparison.
(C) Held for testing, comparison, or disposal in the interest of public safety, if identified and seized pursuant to a recall issued by the federal Consumer Product Safety Commission.
(D) Reclassification by the Office of the State Fire Marshal from a consumer product to a hazardous waste, and disposed of in accordance with applicable laws governing hazardous waste.
(E) Deconstruction or alteration by the arson and bomb unit of the Office of the State Fire Marshal, local public safety bomb squads, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, or the Federal Bureau of Investigations, for purposes of testing, as it relates to the investigation of criminal, terrorist, or civil disobedience acts.
(F) Held for investigation, as it relates to counterfeit or illicit seals of the State Fire Marshal, product packaging, labeling, coding, inspection labeling, manufacturer labeling, or importer or exporter labeling.
(G) Held by the Office of the State Fire Marshal as evidence for local, state, or federal criminal prosecution.
(H) Use by the arson and bomb unit of the Office of the State Fire Marshal for fireworks education, testing, disposal, enforcement, and investigations not addressed in subparagraphs (A) to (G), inclusive.

(c)If dangerous fireworks are seized pursuant to a local ordinance that provides for administrative fines or penalties and these fines or penalties are collected, the local government entity collecting the fines or penalties shall forward 65 percent of the collected moneys to the Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Section 12728.

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 12.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.