NAC477.666. Seizure and disposal of fireworks.

     1. Fireworks stored in violation of NAC 477.571 to 477.666, inclusive, which have become chemically unstable or which are in the possession of a person who is not a licensee or registrant or whose license or certificate has been suspended are hereby declared to be fire hazards and may be seized and disposed of by the authority having jurisdiction. Fireworks which create an imminent threat of danger to life or property may be seized without notice by the State Fire Marshal or the authority having jurisdiction.

     2. The officer seizing the fireworks must promptly report to the State Fire Marshal concerning:

     (a) The quantity and type of the fireworks seized;

     (b) The location where the seizure occurred;

     (c) The circumstances prompting the seizure; and

     (d) The condition of the containers and fireworks seized. Fireworks that are found to be unstable or incompatible must be destroyed.

     3. The authority having jurisdiction will take and retain possession of the seized fireworks during any judicial or administrative proceedings involving the fireworks and will, upon conclusion of the proceedings, destroy them or return them to the person from whom they were seized as directed in such proceedings.

     4. Any person whose fireworks are adjudged in any judicial or administrative proceeding to be hazardous will be charged with the expenses incurred in the seizure, transportation, storage and disposal of those fireworks. This charge constitutes a debt and is collectible by any agency of the State or any of its political subdivisions incurring any such expense in the same manner as if it is an obligation under an express or implied contract.

     5. Fireworks transported in violation of any applicable federal or state law or regulation will be seized and impounded. The explosive load of any impounded firework must not be separated unless necessary to remove unstable or incompatible materials. Materials that are found to be unstable or incompatible will be destroyed at the expense of the owner or possessor, or both.

     (Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)