H.R. 8593

Fireworks for Freedom Act

Sponsor: Ken Calvert · 0 cosponsors

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Sec. 6. Preservation of local authority

(a) In general. Notwithstanding section 4, units of local government shall retain full authority to regulate, restrict, condition, permit, or prohibit covered fireworks displays within their respective jurisdictions, including authority over—

(1) permitting, licensing, and inspection of displays and operators;

(2) local fire codes, burn bans, and red-flag restrictions;

(3) setback, separation, and fallout-zone requirements;

(4) hours of operation and noise ordinances;

(5) zoning, land use, and crowd-management requirements;

(6) insurance, bonding, and liability requirements;

(7) emergency response, evacuation, and public notification requirements; and

(8) restrictions tailored to drought conditions, wildland-urban interface areas, sensitive ecological zones, hospitals, schools, places of worship, livestock operations, or other site-specific concerns.

(b) Default to local law. Where a unit of local government has not expressly authorized a covered fireworks display, otherwise applicable local law shall continue to govern.

(c) State enabling authority unaffected. Nothing in this Act shall be construed to diminish the authority of a unit of local government that derives from a State constitution, charter, or statute, to the extent such authority is exercised by the unit of local government itself rather than by the State.

(d) Tribal sovereignty. Nothing in this Act shall be construed to limit the inherent sovereign authority of any federally recognized Indian Tribe to regulate fireworks within its jurisdiction.