Local fire prevention officers may inspect retail fireworks sites for fire or life safety hazards and may charge an inspection fee, subject to stated authorization, location, annual-limit, and fee-cap rules.
Sec. 2154.2025. INSPECTION OF RETAIL FIREWORKS SITES. (a) In this section: (1) "Fire or life safety hazard" has the meaning assigned by Section 352.016, Local Government Code. (2) "Local fire prevention officer" means: (A) a county fire marshal; or (B) a fire prevention officer of an emergency services district. (b) A local fire prevention officer may inspect a retail fireworks site for a fire or life safety hazard and assess and collect an inspection fee under Section 352.016, Local Government Code, or Section 775.040, Health and Safety Code, as applicable, for that inspection if: (1) the local fire prevention officer is authorized to conduct the inspection under Chapter 352, Local Government Code, or Chapter 775, Health and Safety Code, as applicable; and (2) the local fire prevention officer is: (A) a county fire marshal of the county in which the site is located; or (B) a fire prevention officer of an emergency services district in which the site is located provided: (i) the county in which the site is located has not appointed a county fire marshal; or (ii) the county fire marshal of the county in which the site is located requests the fire prevention officer to conduct the inspection. (c) A local fire prevention officer who inspects a retail fireworks site for a fire or life safety hazard as authorized by Chapter 352, Local Government Code, or Chapter 775, Health and Safety Code, as applicable, may assess the inspection fee provided by Section 352.016, Local Government Code, or by Section 775.040, Health and Safety Code, as applicable, and collect payment of that fee from the person who obtained a retail fireworks permit under Section 2154.202 to sell fireworks at the site. The inspection fee may not exceed: (1) $100, if the largest building at the site is less than 25,000 square feet, plus $25 for each additional building, other than the largest building, located at the site; (2) $200, if the largest building at the site is 25,000 square feet or more, but less than 100,000 square feet, plus $25 for each additional building, other than the largest building, located at the site; and (3) $300, if the largest building at the site is 100,000 square feet or more, plus $25 for each additional building, other than the largest building, located at the site. (d) An inspection fee under Section 352.016, Local Government Code, or Section 775.040, Health and Safety Code, as applicable, may be assessed and collected for the inspection of a retail fireworks site for a fire or life safety hazard only: (1) once in a calendar year for that site; and (2) by a local fire prevention officer authorized under Subsection (b) to inspect the site for a fire or life safety hazard and to assess and collect an inspection fee. (e) A local fire prevention officer who inspects a retail fireworks site for a fire or life safety hazard may determine whether the site complies with the requirements of Sections 2154.221 and 2154.222. (f) Except as otherwise provided by Subsection (e), this section does not grant additional authority to a local fire prevention officer. (g) This section does not limit the authority of a local fire prevention officer to conduct an inspection of a retail fireworks site for a fire or life safety hazard more than once in a calendar year provided that the site is assessed an inspection fee not more than once in that calendar year and the inspection complies with other requirements of this section. (h) To the extent of any conflict between this section and Chapter 352, Local Government Code, or Chapter 775, Health and Safety Code, this section controls. Added by Acts 2017, 85th Leg., R.S., Ch. 374 (H.B. 3907), Sec. 2, eff. June 1, 2017.