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Bill Summary · HB 98

HB 98 — "Patriotism Expression Act" (North Carolina, 2025) — Bill Summary

Main purpose

HB 98 (Patriotism Expression Act) would legalize and regulate the sale, possession, transportation, and use of specified “consumer fireworks” in North Carolina. It creates a new statutory framework (Part 2 of Article 82A, Chapter 58) for consumer fireworks while preserving existing rules for display pyrotechnics and training.

Key provisions

  • Authorizes consumer fireworks statewide provided they meet the bill’s regulatory requirements (new Part 2, Article 82A).
  • Defines “consumer fireworks” as small devices classified as 1.4G under the American Pyrotechnics Association Standard 87‑1 and complying with U.S. Consumer Product Safety Commission (CPSC) construction, composition, and labeling rules (CFR Vols. 16 and 49).
  • Rewrites G.S. 14‑410 and G.S. 14‑414 to permit consumer fireworks and to retain existing prohibitions for other pyrotechnics except as expressly allowed.
  • Raises the minimum age for sale of consumer fireworks (and related pyrotechnics sales) to 18 (from 16 in current text).
  • Establishes categories and definitions for market participants:
    • Consumer fireworks distributors, permanent retailers (fixed retail establishments), temporary retailers (stands/tents), incidental sparkling device retailers, and fireworks safety/education trainers.
    • Retail stand size limited to ≤800 sq. ft.; fireworks tent limited to ≤1,500 sq. ft.
  • Sets technical limits for specific devices:
    • Wire sparklers: ≤100 grams of pyrotechnic mixture per item.
    • Other “sparkling devices”: ≤75 grams per tube or ≤200 grams total if multiple tubes.
  • Recodifies existing display pyrotechnics training and permitting rules as Part 1; adds consumer-fireworks-specific rules (licensing, registration, retailer/distributor definitions, safety training, etc.).
  • Criminal penalties: violations of the Article generally are Class 2 misdemeanors; sale in violation of the age restriction or indoor exhibitions are Class 1 misdemeanors.

Who is affected

  • Consumers who purchase or use consumer fireworks (must comply with product standards and age rules).
  • Retailers and distributors (new licensing/operation categories and facility size rules).
  • Fire safety and enforcement agencies (State Fire Marshal, local fire departments, law enforcement) — increased regulatory and enforcement responsibilities.
  • Fireworks trainers and safety educators (registration and training obligations).
  • Local governments — must apply state rules while managing public-safety impacts.

Procedural / timeline notes

  • Introduced and first read in February 2025 (House Bill 98). Referred to Rules, Calendar, and Operations of the House. (Legislative entries also show serial referrals to and removals from other committees; a later entry indicates a serial referral to State and Local Government was stricken.)
  • The bill text as provided does not specify an effective date; general rule would make it effective as specified in final enactment.

Potential impacts and considerations

  • Economic: creates a regulated retail market for consumer fireworks (new business opportunities for permanent and temporary retailers and distributors).
  • Public safety: likely increases in fireworks-related injuries and fires are a common concern; the bill attempts to mitigate risk via product standards, training, size limits, and age restrictions.
  • Regulatory/administrative: requires new licensing, inspection, and enforcement resources at state and local levels; clarifies separation between consumer fireworks and professional display pyrotechnics.
  • Preemption/Local control: local governments may seek clarity on zoning, local permitting, and time/place restrictions.

This summary focuses on the North Carolina “Patriotism Expression Act” version of HB 98 as provided. The document set included other unrelated HB 98 texts from different jurisdictions; those are not part of this summary.

Compiled from official sources — confirm details with the bill’s official record.

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