SECTIONS 12755-12759 - California Statutes

HEALTH AND SAFETY CODE

SECTION 12755-12759

12755. No person shall use or possess a flamethrowing device
without a valid flamethrowing device permit issued by the State Fire
Marshal pursuant to this part.

12756. The State Fire Marshal shall adopt regulations to administer
this part and establish standards for the background investigation
of an applicant for, and holder of, a flamethrowing device permit,
and for the use, storage, and transportation of a flamethrowing
device. In adopting these regulations, the State Fire Marshal shall
consult with the Department of Justice regarding regulations for the
use and possession of destructive devices (Chapter 12.5 (commencing
with Section 970) of Division 1 of Title 11 of the California Code of
Regulations). These regulations for the use and possession of
destructive devices may provide suggestions for potential methods to
utilize in developing standards and shall serve as guidance only. At
a minimum, the regulations adopted by the State Fire Marshal shall
require a permitholder to possess a current, valid certificate of
eligibility issued by the Department of Justice pursuant to paragraph
(4) of subdivision (a) of Section 12071 of the Penal Code.

12756. The State Fire Marshal shall adopt regulations to administer
this part and establish standards for the background investigation
of an applicant for, and holder of, a flamethrowing device permit,
and for the use, storage, and transportation of a flamethrowing
device. In adopting these regulations, the State Fire Marshal shall
consult with the Department of Justice regarding regulations for the
use and possession of destructive devices (Chapter 12.5 (commencing
with Section 970) of Division 1 of Title 11 of the California Code of
Regulations). These regulations for the use and possession of
destructive devices may provide suggestions for potential methods to
utilize in developing standards and shall serve as guidance only. At
a minimum, the regulations adopted by the State Fire Marshal shall
require a permitholder to possess a current, valid certificate of
eligibility issued by the Department of Justice pursuant to
subdivisions (a) to (c), inclusive, of Section 26710 of the Penal
Code.

12757. The State Fire Marshal may issue or renew a permit to use
and possess a flamethrowing device only if all of the following
conditions are met:
(a) The applicant or permitholder is not addicted to any
controlled substance.
(b) The applicant or permitholder possesses a current, valid
certificate of eligibility issued by the Department of Justice
pursuant to paragraph (4) of subdivision (a) of Section 12071 of the
Penal Code.
(c) The applicant or permitholder meets the other standards
specified in regulations adopted pursuant to Section 12756.

12757. The State Fire Marshal may issue or renew a permit to use
and possess a flamethrowing device only if all of the following
conditions are met:
(a) The applicant or permitholder is not addicted to any
controlled substance.
(b) The applicant or permitholder possesses a current, valid
certificate of eligibility issued by the Department of Justice
pursuant to subdivisions (a) to (c), inclusive, of Section 26710 of
the Penal Code.
(c) The applicant or permitholder meets the other standards
specified in regulations adopted pursuant to Section 12756.

12758. (a) If the State Fire Marshal denies an application for, or
the renewal of, or revokes a flamethrowing device permit, the
applicant for a flamethrowing device permit or permitholder shall be
entitled to a hearing conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
(b) The State Fire Marshal shall revoke a flamethrowing device
permit if the permitholder does not comply with the requirements of
this part and the regulations adopted pursuant to this part.

12759. The State Fire Marshal shall establish fees pursuant to this
part that shall be deposited in the State Fire Marshal Licensing and
Certification Fund.