New Mexico Register / Volume
XXX, Issue 22 / November 26, 2019
This is an amendment to 10.25.6 NMAC,
Sections 3, 4 and 8 effective 11/26/2019.
This amendment is a permanent replacement of the emergency amendment to 10.25.6
NMAC, Sections 3, 4 and 8 effective 6/28/2019.
10.25.6.3 STATUTORY
AUTHORITY: Sections 8-8-6, 8-8-15, [8-8-21,]
59A-52-15, and 60-2C-3 NMSA 1978. [As
required by Subsection C of Section 8-8-15 NMSA 1978 of the Public Regulation
Commission Act and by Paragraph (1) of Subsection A of Section 14-4-5.6 NMSA
1978 of the State Rules Act, this rule is adopted as an emergency rule because
the rule is necessary to prevent an imminent peril to, and to preserve, the
public peace, health, safety, or general welfare to increase the observance of
safety precautions in handling fireworks and decrease the number of fireworks
related accidents in New Mexico.]
[10.25.6.3 NMAC - N,
11/15/2007; A/E, 6/28/2019; A, 11/26/2019]
10.25.6.4 DURATION: [Temporary. As provided by Subsection E of Section
14-4-5.6 NMSA 1978 of the State Rules Act, this emergency rule is temporary and
shall remain in effect until a
permanent rule takes effect under the normal rulemaking process. If no permanent rule is adopted within 180
days from the effective date of the emergency rule, the emergency rule shall
expire and may not be readopted as an emergency rule.] Permanent.
[10.25.6.4 NMAC - N,
11/15/2007; A/E, 6/28/2019; A, 11/26/2019]
10.25.6.8 LICENSES
AND PERMITS FOR SALE OF FIREWORKS: 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 [proposes to] 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.
[10.25.6.8 NMAC - N,
11/15/2007; A/E, 6/28/2019; A, 11/26/2019]