Colorado § 24-33.5-2003 - Permits - exceptions to permit requirements.
Full text of Colorado Colorado Revised Statutes § 24-33.5-2003 — Permits - exceptions to permit requirements., with citation guidance and answers to common questions.
§ 24-33.5-2003. Permits - exceptions to permit requirements.
(1) Any governing body has the power to grant nontransferable and nonassignable permits within the area under its jurisdiction for the storage of fireworks or for the facilities used for the retail sales of fireworks, including permissible fireworks, by any person and to adopt reasonable rules for the granting of such permits. The fee for a permit issued pursuant to this subsection (1) shall be limited to what is reasonable and necessary to cover the direct and indirect costs associated with the granting and enforcement of such permits.
(2) Any governing body has the power to grant nontransferable and nonassignable permits within the area under its jurisdiction for displays of fireworks or pyrotechnic special effects performances by any person, fair association, amusement park, or other organizations or groups and to adopt reasonable rules for the granting of such permits.
(3) No permit shall be required for the display of fireworks at the state fair grounds by the board of commissioners of the Colorado state fair authority, at any duly authorized county or district fair, or at any display by any governing body or local authority.
(4) The discharge of fireworks pursuant to a permit provided for in subsection (2) of this section, or as otherwise provided in subsection (3) of this section, shall be lawful in Colorado, if the display or pyrotechnic special effects performance is performed in accordance with the requirements of the national fire protection association as stated in NFPA-1123, code for the outdoor display of fireworks or NFPA-1126, standard for the use of pyrotechnics before a proximate audience.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1023, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-103 as it existed prior to 2017.
ANNOTATION
No federal preemption. Subsection (1)(c), which effectively precludes the sale of fireworks to persons in cars bearing Colorado license plates, is not preempted by federal statutes or regulations. Colo. Pyrotechnic Assn. v. Meyer, 740 F. Supp. 792 (D. Colo. 1990) (decided prior to 1991 repeal and reenactment of former § 12-28-103).
Section does not preempt the authority of "governing bodies", other than municipalities, to restrict or prohibit the use of fireworks within their jurisdictions. Starr Fireworks, Inc. v. W. Adams County Fire Dept., 903 P.2d 1202 (Colo. App. 1995) (decided under 1991 version of former § 12-28-103).
Frequently Asked Questions About Colorado § 24-33.5-2003
What does Colorado Revised Statutes § 24-33.5-2003 cover?
Section 24-33.5-2003 ("Permits - exceptions to permit requirements.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 24-33.5-2003?
A common citation format is "Colorado Revised Statutes § 24-33.5-2003" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 24-33.5-2003 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.