By: Gallegos, et al. S.B. No. 693
A BILL TO BE ENTITLED
AN ACT
relating to the use of flame effects and pyrotechnics before an
assembly; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 2154, Occupations Code, is
amended by adding Section 2154.253 to read as follows:
Sec. 2154.253. USE OF FLAME EFFECTS OR PYROTECHNICS.
(a) Definitions. In this section:
(1) "Authority having jurisdiction" means the fire
marshal of a political subdivision. If the political subdivision
has no fire marshal, the chief executive of the local fire
protection district or emergency services district shall be the
authority having jurisdiction. The state fire marshal or the state
fire marshal's designee shall be the authority having jurisdiction
if the political subdivision has no fire marshal, local fire
protection district, or emergency services district.
(2) "Flame effects" means a stationary or hand-held
device of solid, liquid, or gas, designed specifically to produce
an open flame when ignited to display a thermal, physical, visual,
or audible phenomenon as defined in NFPA Standard 160. Such devices
include paraffin wax candles, LPG candles, torches, and LPG
burners.
(3) "NFPA Standard 1126" means the edition of the
National Fire Protection Association, Standard 1126, "Standard for
the Use of Pyrotechnics before a Proximate Audience," as adopted
and amended by the commissioner.
(4) "NFPA Standard 160" means the edition of the
National Fire Protection Association, Standard 160, "Standard for
Flame Effects Before an Audience," as adopted and amended by the
commissioner.
(5) "Pyrotechnics" means an explosive composition or
device designed for entertainment to produce a visible or audible
effect by combustion, explosion, deflagration, or detonation as
defined by NFPA Standard 1126.
(b) The use of flame effects or pyrotechnics for
entertainment, exhibition, demonstration, or simulation before an
assembly of 50 people or more, except for public safety
demonstrations, must comply with NFPA Standard 160 and NFPA
Standard 1126 and the following standards and requirements:
(1) if flame effects or pyrotechnics are used inside a
building, the building must contain a complete operational
fire-sprinkler system or provide personnel to implement a standby
fire watch acceptable to the authority having jurisdiction;
(2) before flame effects or pyrotechnics are used
inside a building, an announcement to the assembly must be made
giving verbal instruction regarding the location and use of
available exits and information about the building fire protection
and fire alarm systems; a determination by the authority having
jurisdiction that an exit door is locked or obstructed constitutes
a violation of this section;
(3) the plan required by NFPA Standard 1126 or NFPA
Standard 160 detailing the criteria for use and display of
pyrotechnics and flame effects must be provided to the local
authority having jurisdiction;
(4) at least one Texas pyrotechnic special effects
operator's licensee must be present on-site at all times where
pyrotechnics are used, discharged, or ignited;
(5) at least one Texas flame effects operator's
licensee must be present on-site at all times where flame effects
are used, discharged, or ignited;
(6) the on-site licensee shall be responsible for
complying with this section;
(7) the licensee or the licensee's employer must
obtain a permit from the local authority having jurisdiction before
the use, discharge, or ignition of a flame effect or pyrotechnics;
and
(8) the applicant for the permit must provide with the
application the evidence of insurance required by Section 2154.207.
(c) The requirements provided by Subsection (b) do not apply
to traditional, nontheatrical public displays such as:
(1) use of lighted candles in restaurants or during
religious services;
(2) fireplaces in areas open to the public;
(3) restaurant cooking visible to the public;
(4) the outdoor use of consumer fireworks by the
general public; or
(5) an outdoor public display permitted under Section
2154.204.
(d) The authority having jurisdiction may adopt regulations
governing the issuance of permits for the use of flame effects or
pyrotechnics and may charge a fee to recover its costs.
(e) A person commits an offense if the person violates this
section. An offense under this section is a Class A misdemeanor.
Each day a violation occurs or continues constitutes a separate
offense. Venue under this section is in the county in which the
offense is committed or in Travis County.
(f) A municipal or county ordinance, order, or rule in
effect on September 1, 2003, is not invalidated by this chapter.
(g) This section does not limit or restrict the authority of
a county, where specifically authorized by law, or municipality to
enact an ordinance or order prohibiting or further regulating flame
effects or pyrotechnics.
SECTION 2. Subchapter D, Chapter 2154, Occupations Code, is
amended by adding Section 2154.156 to read as follows:
Sec. 2154.156. FLAME EFFECTS OPERATOR'S LICENSE. (a) A
person must be a licensed flame effects operator if the person
assembles, conducts, or supervises flame effects under Section
2154.253.
(b) The commissioner shall set and collect an annual flame
effects operator's license fee in an amount not to exceed $100.
(c) To qualify for a flame effects operator's license, a
person must take and pass an examination and comply with any other
requirements set by the commissioner through the state fire
marshal's office.
(d) A person shall be charged a nonrefundable initial
examination fee in an amount not to exceed $30. A person shall be
charged a nonrefundable fee in an amount not to exceed $20 for each
reexamination.
SECTION 3. Subchapter E, Chapter 2154, Occupations Code, is
amended by adding Section 2154.207 to read as follows:
Sec. 2154.207. INSURANCE REQUIREMENT. (a) In addition to
any other requirements, an applicant for a permit under Section
2154.253 must submit to the authority having jurisdiction evidence
of worker's compensation insurance and a general liability
insurance policy in an amount of not less than $1 million unless the
commissioner decreases the amount under Section 2154.051. The
permit may not be issued without evidence of insurance as required
by this section.
(b) The general liability insurance policy required by this
section shall be conditioned to pay the amount of money the insured
becomes obligated to pay as damages because of bodily injury and
property damage caused by an occurrence involving the insured or
the insured's servant, officer, agent, or employee in the conduct
of a display of pyrotechnics and flame effects.
(c) Evidence of the general liability insurance policy
required by this section must be in the form of a certificate of
insurance issued by an insurer authorized to do business in this
state and countersigned by an insurance agent licensed in this
state.
(d) A certificate of insurance for surplus lines coverage
obtained under Article 1.14-2, Insurance Code, through a licensed
Texas surplus lines agent resident in this state may be filed with
the commissioner as evidence of coverage required by this section.
(e) An insurer may not cancel a certificate of insurance
issued under this section unless the insurer gives the authority
having jurisdiction notice of intent to cancel.
(f) This section may be satisfied by a city, county, or
other political subdivision presenting proof of its participation
in a self-insurance fund or a fund created under Chapter 791,
Government Code, covering the liability requirements under this
chapter.
SECTION 4. This Act takes effect September 1, 2003.