320.127.  Outdoor fireworks displays, permits — procedure — inspection — exemption for private displays. — 1.  Permits for outdoor fireworks displays or displays before a proximate audience may be granted to municipalities, fair associations, amusement parks, organizations, persons, firms, or corporations.  Such permits may be granted upon application and approval by the state fire marshal or local fire service authorities of the community where the outdoor fireworks display or the display before a proximate audience is proposed to be held.  All applications submitted to the state fire marshal for an outdoor fireworks display permit or a display before a proximate audience permit shall be submitted to the office of the state fire marshal a minimum of ten working days prior to the date of the event.  The application shall be made on a form provided or approved by the state fire marshal.  Every such outdoor fireworks display or display before a proximate audience shall be supervised, managed, or directed by a Missouri licensed display operator, or pyrotechnic effects operator on site and shall be located, discharged, or fired so as in the opinion of the permitting authority, after proper inspection based on the National Fire Protection Association standards, NFPA 1123, 1124, and 1126, to not be hazardous to any person or property.  A copy of all permits issued for outdoor fireworks displays or displays before a proximate audience issued by a local fire service authority shall be forwarded by the permit holder to the state fire marshal's office upon request.  No permit granted hereunder shall be transferable and each permit shall apply to only one location.

  2.  Before issuing any permit for outdoor fireworks display or a display before a proximate audience, the municipality, fair association, amusement park, organization, firm, persons, or corporation making application therefore shall furnish proof of financial responsibility in an amount established by promulgated rule to the permitting authority in order to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm, or corporation or any agent or employee thereof.

  3.  Any establishment, venue, or shoot site where an outdoor fireworks display or a display before a proximate audience is to take place shall be inspected by the state fire marshal or local fire department having jurisdiction for compliance with NFPA 1123 Code for Fireworks Display, NFPA 1126 Code for the Use of Pyrotechnics Before a Proximate Audience, and NFPA 101 Life Safety Code or equivalent nationally recognized code in relation to means of egress, occupancy load, and automatic sprinkler and fire alarm systems.  All permits issued shall be forwarded to the state fire marshal by the permit holder, upon the state fire marshal's request.  Permits shall be issued in the same manner as those required in this section.

  4.  Notwithstanding any provisions of this section to the contrary, a holder of a valid state-issued display operator license conducting a private outdoor firework display for a noncommercial purpose shall not be subject to the permitting requirements in subsections 1 through 3 of this section; provided, however, that all such noncommercial, private outdoor firework displays shall be conducted in compliance with NFPA 1123 and any ordinance, rule, or regulation promulgated by the local authority having jurisdiction over the location where the private outdoor firework display will be held.  The state fire marshal may, through its rulemaking authority set out in chapters 320 and 536, establish a reasonable notice-only rule requiring the licensed display operator to notify the local authority having jurisdiction over such matters at least five calendar days prior to the private outdoor firework display event described in this subsection.  For the purposes of this section, "noncommercial purpose" shall mean not connected with or engaged in for a commercial purpose or in exchange for any monetary consideration.