Section 10-105 - Bond or insurance.

§ 10-105. Bond or insurance.
 

(a)  In general.-  

(1) Before issuing a permit to discharge fireworks, the State Fire Marshal shall require an applicant to furnish a surety bond with corporate surety approved by the State Fire Marshal or an approved liability and property insurance policy. 

(2) The State Fire Marshal shall prescribe the amount of the bond or policy. 

(3) The bond or policy: 

(i) shall be conditioned on the payment of all damages to persons or property caused by the discharge of fireworks described in the permit; 

(ii) shall be payable to the State; and 

(iii) may be enforced by a person who suffers damage caused by the discharge of fireworks described in the permit by suit filed in the name of the State for the benefit of the person. 

(b)  Claims.- If claims under a bond or policy required under this subtitle are for an amount greater than the penal sum of the bond or amount of the policy, the claims shall be payable pro rata to the amount of the penal sum of the bond or amount of the policy. 
 

[An. Code 1957, art. 38A, § 18(a)(1); 2003, ch. 5, § 2; ch. 21, § 7.]