North Dakota Statewide Rule
North Dakota Fireworks Sale and Use Statute
Key Facts
- Statute
- NDCC ch. 23-15, 23-15.1
- Wholesaler license
- State Fire Marshal
- Retailer license
- County sheriff
- Sale windows
- Jun 27-Jul 5, Dec 26-Jan 1
- Local discharge bans
- Permitted
Summary
North Dakota Century Code Chapters 23-15 and 23-15.1 govern the sale and use of consumer fireworks. Wholesalers are licensed by the State Fire Marshal (Insurance Department); retailers are licensed by the county sheriff. Cities may restrict or ban discharge but must follow the statewide licensing scheme.
2. An application for a license as distributor must be made to the state fire marshal on forms prescribed by the state fire marshal. An application for a license as a retailer must be made to the county sheriff on forms prescribed by the state fire marshal. Each application must be accompanied by the required fee, which must be two hundred fifty dollars for a distributor's license and twenty dollars for a retailer's license. Fees for distributors' licenses must be deposited in the insurance regulatory trust fund in the state treasury and fees for retailers' licenses must be deposited in the county general fund. The license is valid only for the calendar year in which issued and must at all times be displayed at the place of business of the licensee. The licenses are in addition to any other license required by law or municipal ordinance. The licensing provisions of this section do not apply to a retailer who is required to become licensed by any municipality. Any license fee levied by a municipality must be deposited in the municipality's general fund.
Full Breakdown
Under NDCC chapters 23-15 and 23-15.1, fireworks wholesalers are licensed by the State Fire Marshal in the Insurance Department, while retailers obtain a license from the county sheriff (or a municipality that licenses retailers itself). Consumer fireworks may be sold only June 27 through July 5 and December 26 through January 1. Cities and counties may impose additional time, place, and manner restrictions on discharge, including outright bans within their limits, but may not authorize sellers outside the statutory scheme. Supervised public displays require a permit from the city or county auditor.
Violations & Penalties
Selling without a state license, selling outside permitted dates, or selling prohibited fireworks is a Class B misdemeanor with fines and possible license revocation.
Frequently Asked Questions
Can a North Dakota city ban fireworks discharge?
When can fireworks be sold in North Dakota?
Sources
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