Current through Register Vol. 35, No. 18, September 24, 2024
The fire marshal issues licenses and permits as provided in
Section
60-2C-4
NMSA 1978. Local governing bodies may have additional requirements for
fireworks sale or use.
A.
Application procedures and forms. Any person may apply for a
license or permit to sell fireworks as provided in Section
60-2C-4
NMSA 1978 by submitting a required application to the fire marshal as provided
in
10.25.1.9
NMAC. The following information shall be included in each application for a
permit or license involving fireworks:
(1)
the applicant's name and mailing address;
(2) the applicant's telephone number and
social security number;
(3) any
company or corporate name or name the applicant is using for business
purposes;
(4) the type of permit or
license requested;
(5) the physical
address where applicant will sell fireworks and a description of the type of
structure in which applicant proposes to sell fireworks;
(6) name and phone number of a contact person
at the location where applicant proposes to sell fireworks;
(7) the name and address of applicant's
primary supplier of fireworks; and
(8) the following statement: "All information
provided on and with this form is true and correct to the best of my knowledge
and belief. I have read, reviewed and understand the New Mexico laws and rules
regarding safe packaging, handling and sale of fireworks. I agree to fully
comply with these laws and rules as a condition of obtaining and operating
pursuant to a fireworks license or permit. I understand that the approval of
this application depends upon compliance with Sections
60-2C-1
through
60-2C-11 NMSA 1978
of the Fireworks Licensing and Safety Act. In the event that my license or
permit is lost or destroyed, I understand that I shall immediately notify the
Fire Marshal's office and that I am not entitled to a refund of the original
application fees, but must submit a new application and pay a $20.00
replacement fee for the type of license or permit required for that location. I
understand that Section
60-2C-4
NMSA 1978 does not permit the fire marshal to process applications for a
license or permit during any holiday selling periods";
(9) each application shall contain the date
and notarized signature of the applicant; and
(10) an applicant shall submit fees required
by Section
60-2C-4
NMSA 1978 with each application following the provisions of
10.25.1.13
NMAC.
B.
Review of
application. The fire marshal shall review all applications for licenses
and permits. Unless otherwise prohibited by law, the fire marshal shall issue
licenses and permits within 30 days of receipt of complete applications. The
fire marshal shall disapprove and return incomplete applications within 30 days
of receipt.
C.
Damaged or
lost license or permit. The fire marshal will not issue duplicate
fireworks licenses or permits. If a license or permit is lost or damaged, the
vendor shall immediately notify the fire marshal who shall revoke the license
or permit. The fire marshal will not refund any fees for a lost or damaged
license or permit. If the vendor wishes to continue to sell fireworks at that
location, the vendor shall submit the $20.00 fee required by section
60-2C-4
NMSA 1978 for a replacement license or permit.
D.
Special provisions for retailer
permits. Applicants may obtain retailer permits for the sale of
fireworks from the fire marshal or from a licensed manufacturer, distributor or
wholesaler.
(1)
Products list.
Any person with a retailer permit shall maintain a complete written list of
products for sale, available on inspection by an AHJ, of all fireworks at each
retail location.
(2)
Obtaining books of 20 retailer permits. A licensed manufacturer,
distributor or wholesaler may obtain books of 20 retailer permits from the fire
marshal by following the process in Subsection A of 10.25.6.8 NMAC.
(3)
Requirements for resale of retailer
permits. A licensed manufacturer, distributor or wholesaler may re-sell
retailer permits in books of 20, by requiring the same mandatory application
form, fees and other requirements in Subsection A of 10.25.6.8 NMAC. A licensed
manufacturer, distributor or wholesaler shall account for all fees collected
and permits sold.
(a)
Semi-annual
report. On January 31 and July 31 of each year, a licensed manufacturer,
distributor or wholesaler that has purchased any books of 20 retailer permits
shall provide a report to the fire marshal detailing the numbers of sold and
unsold permits, with all information required by Section
60-2C-3
NMSA 1978. The report shall include a copy of each permit application and
permit issued, as well as the name and address of each location permitted for
the sale of fireworks.
(b)
Unsold permits. If a licensed manufacturer, distributor or
wholesaler has not sold all permits in books of 20 purchased, it may request in
writing that the fire marshal issue to it credit toward new permits. The
written request shall contain a list of all unsold permit numbers and shall
include the original unsold permits.
(c)
Inspection list. On or
before June 15 of each year, each licensed manufacturer, distributor and
wholesaler shall provide to the fire marshal a list of locations of sales of
fireworks for the retailer permits it has sold to assist the fire marshal in
conducting inspections of these locations.
E.
Display permit. The fire
marshal provides an optional permit application for display fireworks as
required by Section
60-2C-9 NMSA
1978, available as provided in 10.25.1 NMAC, for the use of counties and
municipalities requiring such display permits.
F.
Revocation of license or
permit.
(1) Notwithstanding any other
provision of these rules, if the fire marshal determines that any licensee's or
permittee's actions or facility constitutes:
(a) a hazard to life or property, the fire
marshal shall so notify the licensee or permittee in writing, and shall permit
him a reasonable period of time to comply with these rules and to eliminate the
hazard; if the licensee or permittee does not comply with the notification and
its requirements within the time specified, the fire marshal may revoke the
applicable license or permit; for reinstatement, the licensee or permittee must
comply with initial application requirements;
(b) an imminent hazard to life or property,
the fire marshal shall order the licensee or permittee to eliminate the hazard
immediately; if the licensee or permittee fails to eliminate the hazard
immediately, the fire marshal shall revoke the applicable license or permit;
for reinstatement, the licensee or permittee must comply with initial
application requirements and demonstrate that the hazard has been eliminated.
(2) If any retailer
possesses fireworks not permitted by Section
60-2C-7
NMSA 1978, the fire marshal shall revoke the retailer's permit and confiscate
the impermissible fireworks using the procedure required by
10.25.6.11
NMAC.
