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, STORING, 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 STORING OF FIREWORKS, SO AS TO REVISE THE REQUIREMENTS TO INCLUDE LICENSES AND PERMITS REQUIRED FOR THE MANUFACTURING, SELLING, DEALING, DISTRIBUTING, OR STORING 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 PYROTECHNIC, TO PROVIDE HOLDERS OF PYROTECHNIC OPERATOR LICENSES ISSUED BY THE STATE FIRE MARSHAL MAY OBTAIN A DISPLAY MAGAZINE PERMIT FROM THE BOARD FOR THE STORING 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 STORING 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.
H4185 revises South Carolina’s fireworks and pyrotechnics regulatory framework, centered on the State Board of Pyrotechnic Safety and the Department of Labor, Licensing and Regulation. The bill broadens the chapter’s scope to cover pyrotechnics, fireworks, and related facilities more comprehensively, updates statutory definitions, and expands the types of licenses and permits the board may issue. It also restates the state’s policy goal as promoting public and environmental safety while avoiding undue barriers to entry in the pyrotechnics business.
The bill adds a new administrative enforcement section allowing the department and board to issue citations, cease-and-desist orders, and administrative penalties against both licensees and unlicensed persons. It sets tiered penalty amounts for repeat violations, provides appeal rights, and makes clear that these penalties are in addition to civil or criminal remedies. The bill also expands the board’s disciplinary authority, inspection powers, and jurisdiction; requires more detailed reporting of fires and explosions; and authorizes public disclosure of certain final orders while preserving private reprimands in limited cases.
H4185 also changes licensing and permitting rules for manufacturers, wholesalers, jobbers, retailers, temporary retail operations, and display magazine storage. It requires licenses or permits for each site, strengthens insurance requirements for retail fireworks sales, and clarifies that only licensed wholesalers may distribute fireworks for displays. The bill further addresses storage standards for display fireworks and articles pyrotechnic, authorizes inspections of manufacturing, distribution, sale, and storage facilities, and reinforces that facilities must comply with other applicable state and federal requirements, including federal explosives laws and consumer product safety standards.
The overall sentiment reflected by the bill text is strongly pro-safety and regulatory enforcement, with repeated emphasis on public safety, compliance, inspection authority, and accountability. At the same time, the bill’s stated policy language indicates an intent not to impose unnecessary restrictions on lawful business activity, suggesting a balance between safety regulation and industry access. No committee transcripts or recorded votes were provided, so there is no additional evidence of support or opposition from debate or roll call history.
The main points of contention likely concern the scope of enforcement authority, the addition of administrative penalties against unlicensed persons, expanded inspection and seizure powers, and the increased compliance burden on fireworks businesses through licensing, insurance, and reporting requirements. Industry participants may favor the clearer permitting structure and the ability for certain pyrotechnic operators to obtain display magazine permits without a wholesale license, while others may object to broader board authority, public disclosure of violations, and stricter penalties for noncompliance.
The bill amends multiple sections of Chapter 56, Title 40 of the South Carolina Code governing pyrotechnics and fireworks. It creates a new administrative penalty and citation process, expands the State Board of Pyrotechnic Safety’s authority over licensees, permittees, and unlicensed violators, revises licensing and permitting categories, updates inspection and seizure procedures, and strengthens insurance and reporting requirements. It also clarifies that fireworks facilities must comply with other applicable licensing, certification, and federal explosives laws, and it makes certain final disciplinary orders public under the Freedom of Information Act framework.
The bill’s tone is generally safety-oriented and regulatory, with repeated references to public safety, compliance, and enforcement. The text also preserves a pro-business statement that the chapter should not create undue barriers to entry, indicating an attempt to balance regulation with industry access. Because no committee discussion or vote history was provided, there is no recorded legislative sentiment beyond the bill’s own language.
Likely areas of disagreement include the expansion of administrative citations and penalties to unlicensed individuals and entities, the board’s broader inspection and seizure powers, and the increased compliance obligations for fireworks businesses, including insurance, reporting, and site-specific permitting. Industry stakeholders may support clearer permit options and updated definitions, but could object to stricter enforcement tools, public disclosure of disciplinary findings, and the possibility of penalties for repeated or technical violations. Public safety advocates would likely favor the bill’s stronger oversight and enforcement provisions.