Section 8-17-210

As used in this article, the following terms shall have the meaning ascribed to them in this section, unless clearly indicated otherwise:

(1) Distributor. Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn shall resell to any permit holder: or any person who receives, brings, or imports any fireworks of any kind into the state of Alabama, except to a holder of an Alabama manufacturer’s or distributor’s permit.

(2) D.O.T. Class C Common Fireworks. All articles of fireworks as are now or hereafter classified as D.O.T. Class C Common Fireworks in the regulations of the U.S. Department of Transportation for the transportation of explosive and other dangerous articles.

(3) Manufacturer. Any person engaged in the making, manufacture, or construction of fireworks of any kind within the state of Alabama.

(4) Permit. The written authorityof the State FireMarshal issued under the authority of this article.

(5) Person. Includes any corporation, association, copartnership, or one or more individuals.

(6) Retailer. Any person engaged in the business of making sales of fireworks to consumers within the state of Alabama during a calendar year fromJanuary 1throughDecember 31.

(7) Sale. An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each such transaction made by any person, whether as principal proprietor, salesman, agent, association, copartnership,or one or more individuals.

(8) Fireworks Seasons. The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only period when seasonal retailers may sell fireworks.

(9) Seasonal Retailer. Any person engaged in the business of making sales of fireworks to consumers within the state of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands.

(10) Special Fireworks. All articles of fireworks that are classified as Class B explosives in the regulations of the U.S.Department of Transportation, including all articles classified as fireworks other than those classified as Class C.

(11) Wholesaler. Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail.

Section 8·17-211

(a) It shall be unlawful for any person to manufacture, sell, offer for sale or ship or cause to be shipped into or within the state of Alabama, except as herein provided, any item of fireworks or pyrotechnics for use before a proximate audience, without first having secured the required applicable permit, as a manufacturer, distributor, wholesaler, retailer, or seasonal retailer, from the State Fire Marshal. Possession of a permit is a condition prerequisite to manufacturing, selling or offering for sale, or shipping or causing to be shipped any fireworks or pyrotechnics for use before a proximate audience into or within the state of Alabama, except as herein provided. This provision applies to non-residents as well as residents of the state of Alabama. Mail orders where consumers purchase any fireworks or pyrotechnics for use before a proximate audience through the mail or receive any fireworks or pyrotechnics for use before a proximate audience in Alabama by mail, parcel service, or other carrier are prohibited. A sales clerk must be on duty to serve consumers at the time of purchase or delivery. All fireworks or pyrotechnics for use before a proximate audience sold and delivered to consumers within the state of Alabama must take place within the state of Alabama and be sold and delivered only by an individual, firm, partnership, or corporation holding the proper Alabama permit and all fireworks or pyrotechnics for use before a proximate audience coming into the state, manufactured, sold, or stored within the state shall be under the supervision of the State Fire Marshal as provided for in this article.

(b) Prior to engaging in the manufacture or sale within the state of Alabama, or shipment into the state of Alabama, of any fireworks or pyrotechnics for use before a proximate audience, each person making shipment or delivery or receiving any fireworks or pyrotechnics for use before a proximate audience into or within the state of Alabama, must make application on forms secured from the State Fire Marshal for a permit or permits required

under this article for each location at which fireworks or pyrotechnics for use before a proximate audience are to be offered for sale.

(c) A manufacturer’s permit issued under this article shall be subject to rules and regulations promulgated by the State Fire Marshal to govern the manufacture of fireworks or pyrotechnics for use before a proximate audience as in the judgment of the State Fire Marshal the public welfare may require.

(d) The decision of the State Fire Marshal as to what type of permit or permits shall be required of each person shall be final. The State Fire Marshal may deny a permit to an applicant or revoke a permit if the State Fire Marshal has knowledge or reason to believe the safety standards and conditions of this article are not or cannot be met by the applicant. No permit shall be issued to a person under the age of 18 years. All permits shall be for the calendar year or any fraction thereof and shall expire on December 31 of each year; two days of grace shall be allowed holders of permits after expiration thereof. Only one seasonal retailer permit shall be required for a full calendar year and it shall be valid for both fireworks seasons, provided that the building is not removed from the location where it was originally permitted and no substantial structural or environmental changes have occurred. A seasonal retailer permit may be issued after July 10 for the remaining fireworks season of that calendar year. All permits issued must be displayed in their place of business. No permit provided for herein shall be transferable nor shall a person be permitted to operate under a permit issued to any other person or under a permit issued for another location, unless transfer shall have been approved by the State Fire Marshal.

(e) The State Fire Marshal shall charge for permits issued as follows:

(1) Manufacturer, two thousand dollars ($2,000.00).

(2) Distributor, two thousand dollars ($2,000.00).

(3) Wholesaler, seven hundred dollars ($700.00).

(4) Retailer, two hundred dollars ($200.00).

(5) Seasonal Retailer, two hundred dollars ($200.00).

(6) Seasonal Retailer after July 10, one hundred dollars ($100.00).

(7) Display, fifty dollars ($50.00).

(f) Only holders of a retailer or seasonal retailer permit may engage in the retail sale of permitted items as defined in section 8-17-217, in any quantity, to consumers.

(g) A holder of a manufacturer’s permit is not required to have any additional permit or permits in order to sell to distributors, wholesalers, retailers, or seasonal retailers.

(h) A record of all sales by manufacturers, distributors or wholesalers must be kept showing the names and address of purchasers. All fees collected for the permits shall be paid into the fire marshal revolving fund for the enforcement of this article. The State Fire Marshal may designate a deputy fire marshal as the fireworks enforcement officer who shall have the responsibility of directing enforcement of the state fireworks laws.

(i) The State Fire Marshal is charged with the enforcement of this article and may call upon any state or county or city peace officer for assistance in the enforcement of this article. The fire marshal is not authorized to promulgate rules or regulations in conflict with or that go beyond the scope or intent of this article.

Section 8·17·212

The State Fire Marshal shall assign a number to each permit issued and each holder of a permit of any of the classes hereinabove provided shall imprint or affix the same to all purchase orders, delivery receipts, and invoices issued or used by each manufacturer, distributor or wholesaler.

Section 8·18·213

No person shall deliver, sell or ship fireworks into or within the State of Alabama unless consignee produces the required permit or evidence that the consignee holds said permit. No person shall purchase fireworks from another person without first requiring proof that the proper permit required for the seller herein has been obtained and is current and valid. Each holder of a permit under the provisions of this article shall keep an accurate record of each shipment received. Each holder of a permit as distributor or wholesaler shall keep a record of each sale, delivery, or out shipment of fireworks. Such records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item and quantity received or sold. Such records are to be kept at each place of business and shall be subject to examination by the State Fire Marshal or his deputies, who shall have the authority at any reasonable time to require any manufacturer, distributor, wholesaler, or retailer to produce records of the current year and the immediately preceding full calendar year.

Section 8·17·214

(a) The State Fire Marshal may revoke any permit issued under the provisions of this article upon evidence that the holder has purchased, received, sold, used, shipped, or caused to be shipped any illegal fireworks in violation of this article. Notice must be given in writing to the holder of a permit stating cause of revocation; if the permit revoked is for a business located within Alabama, a copy of said notice of revocation must be supplied to the judge of probate of the county in which such permit holder’s business is located.

(b) The State Fire Marshal, in his discretion, may refuse to issue another permit to the holder of a permit which has been cancelled or revoked for the possession or sale of illegal fireworks for a period not to exceed three years.

Section 8·17·215

The issuance of the permit herein required does not replace or relieve any person of state, county or municipal privilege licenses as now or hereafter provided by law. Before the issuance of any state and county licenses, the judge of probate shall require each applicant for a fireworks license to exhibit a permit or furnish other definite and satisfactory evidence that a proper permit has been issued to applicant by the State Fire Marshal and that said permit is current and valid. No permit shall be issued to any applicant who does not show proof of a current and valid sales tax number.

Section 8·17·216

(a) Nothing in this article shall be construed as applying to the shipping, sale, possession, and use of special fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations governing this type of fireworks by the alcohol, tobacco, and firearms division of the United States Treasury Department, and their requirements met and any permit or license required by them secured before application for a state display permit is made.

(b) Application for a state permit for public display of special fireworks must be made in writing to the State Fire Marshal at least 10 days before the display date. The State Fire Marshal may accept an application for a state permit for public display of special fireworks less than 10 days before the display date if accompanied by a fee of double the amount otherwise required. The application shall show that the proposed display is to be so located and supervised that is shall not be hazardous to property and that it shall not endanger human lives. If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of such municipality. Permits issued shall be limited to the time specified therein and shall not be transferable.

(c) Possession and sale of special fireworks shall be limited to a holder of a federal license issued for display fireworks. Possession of special fireworks for resale to holders of a permit for public display shall be confined to holders of a distributor’s permit only. Provided, however, a distributor’s permit shall not be required where the special fireworks are for public display to be performed solely for The Alabama June Jam, Inc.; and provided further that the application for the state permit for public display shall show that the proposed display is to be performed solely for The Alabama June Jam, Inc.

(d) Nothing in this article shall apply to Class C firework displays.

Section 8·17-217

(a) It shall be unlawful for an individual, firm, partnership or corporation to possess, sell or use within the state of Alabama, or ship into the state of Alabama, except as provided in section 8-17-216, any pyrotechnics commonly known as ‘fireworks’ other than items now or hereafter classified as Class C common fireworks by the United States Department of Transportation and/or those items that comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public under their regulations.

(b) Permitted items designed to produce an audible effect are confined to small ground items which include firecrackers containing not over 50 milligrams of explosive composition and aerial devices containing not over 130 milligrams of explosive composition. Propelling or expelling charge consisting of a mixture of charcoal, sulfur and potassium nitrate are not considered as designed to produce an audible effect.

(c) Items permitted and for which a permit is required shall include related items not classified by the United States Department of Transportation as common fireworks, but identified under their regulations as trick noisemakers, toy novelties, toy smoke devices and sparklers and shall include toy snakes, snappers, auto burglar alarms, smoke balls, smoke novelty items, and wire sparklers containing not over 100 grams composition per item. Sparklers containing any chlorate or perchlorate salts may not exceed five grams of composition per item.

Section 8·17·218

All items of fireworks which exceed the 2 grain limit of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred to as ‘illegal ground salutes’ designed to produce an audible are expressly prohibited from shipment into, manufacture, possession, sale, and use within the state of Alabama for any purpose. This subsection shall not affect display fireworks authorized by this article.

Section 8·17-219

No permissible article of fireworks or related items defined in Section 8-17-217 shall be sold, offered for sale or possessed within the state or used within the state, except as provided in Section 8-17-216 unless it shall be properly named to conform to the nomenclature of Section 8-17-217 hereof. Items must be identified on the shipping cases and by imprinting on the article or retail sales container or unit ‘D.O.T. CLASS C Common Fireworks’ or other appropriate classification or identification as may be applicable or required by any federal agency having jurisdiction over fireworks on related items; such imprint to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.

Section 8·17·220

Permissible items of fireworks, defined in Section 8-17-217, may be sold at retail to residents of the State of Alabama. The term ‘fireworks’ shall not include toy paper pistol caps which contain less than twenty five hundredths grains of explosive compounds, model rockets, emergency signal flares, matches, cone, bottle, tube, and other type serpentine pop-off novelties, trick matches and cigarette loads, the sale and use of which shall be permitted at all times without a special fireworks permit.

Section 8-17-221

(a) Placing, storing, locating, or displaying fireworks in any window where the sun may shine through glass onto the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within 10 feet of where the fireworks are offered for sale is hereby declared unlawful and prohibited. At all places where fireworks are made or sold, there must be posted signs with the words ‘FIREWORKS – NO SMOKING’ in letters not less than four inches high.

(b) No fireworks shall be sold at retail at any permanent location where paints, oils or varnishes are for sale or use unless kept in the original unbroken containers nor where gasoline or other flammable liquid or gas is used, stored or sold, if the use, storage, or sale creates an undue hazard to person or property. No fireworks shall be sold at retail from any temporary or moveable stand where paints, oils, or varnishes are for sale or use unless kept in the original unbroken containers, nor within 50 feet of where gasoline or other flammable liquid or gas is used, stored or sold.

(c) Any fireworks devices that are readily accessible to handling by consumers or purchasers must have their fuses protected in such a manner as to protect against accidental ignition of an item by a spark, cigarette ash or other ignition source. Safety type thread wrapped and coated fuses shall be exempt from this provision.

(d) No retail permit shall be issued for the sale of fireworks at retail from tents or from or in a motor vehicle or from a trailer towed by a motor vehicle. A permit may be issued for the sale of fireworks from a modular or mobile building when the structure is eight feet or more in width and thirty-two feet or more in length, from which all wheels have been removed and the structure placed on a non-mobile foundation. No permit shall be issued to an applicant for a previously unpermitted location until the premises where fireworks are to be stored or sold have been inspected by the state fire marshal or his designated representative and it shall have been determined that such building and facilities within the building and facilities for storage meet reasonable safety standards for the storage and sale of permissible fireworks. Inspection is not required for renewal of permits at the same location to be operated by the same owner unless there has occurred substantial structure or environmental changes.

Section 8·17·222

It shall be unlawful to offer for sale or to sell any fireworks to children under the age of 16 years unless accompanied by an adult or to any intoxicated or irresponsible person. Any person purchasing fireworks shall be required to show a valid driver’s license or state approved identification card. It shall be unlawful to explode or ignite fireworks within 600 feet of any church, hospital, asylum, public school, any enclosed building, or within 200 feet where fireworks are stored, sold, or offered for sale. No person shall ignite or discharge any permissible articles of fireworks within or throw the same from a motor vehicle while within nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people.

Section 8·17-224

Any individual, firm, partnership or corporation that violates any provisions of this article other than section 8-17-218 shall be guilty of a Class A misdemeanor, and upon conviction shall be punished by a fine of not less than $100.00 or more than $1000.00 or imprisoned for not less than 30 days, or more than one year or both, in the discretion of the court. Any person convicted of manufacturing, shipping into, possessing, or selling any illegal fireworks described in section 8-17-218 shall be guilty of a Class C felony and upon conviction shall be punished by a fine or not less than $500.00 nor more than $5,000.00 or imprisoned not less than one year and one day or more than 10 years, or both, in the discretion of the court.

Section 8-17-225

The State Fire Marshal shall seize as contraband any fireworks other than the permitted ‘Class C Common Fireworks’ and related items defined in Section 8-17-217 hereof or ‘special fireworks’ for public displays as provided in Section 8-17-216, which are sold, displayed, used or possessed in violation of this article. The fire marshal is authorized to destroy any illegal fireworks so seized.

Section 8-17-226

This article shall in no way affect the validity of any ordinance further restricting the sale or use of Fireworks.

AS 18.72.010. Regulation of Sale of Dangerous Fireworks.

(a) The sale or offer to sell dangerous fireworks at wholesale or retail for any purpose other than industrial, agricultural, wildlife control, or public display is prohibited.

(b) A person desiring to use dangerous fireworks for industrial, agricultural, wildlife control, or public display purposes shall first comply with the permit requirements of the fire safety code.

(c) All dangerous fireworks shall be purchased from a fireworks wholesaler licensed as such in this state. A fireworks wholesaler may not sell dangerous fireworks to anyone unless the wholesaler has a currently valid permit required by the fire safety code, the number of which shall be affixed to each record of sale by the fireworks wholesaler and maintained as a permanent record of the sale.

AS 18.72.020. Regulation of Sale of Salable Fireworks.

(a) A person holding a permit required by the fire safety code may sell or offer for sale salable fireworks if

(1) the person has submitted to the state fire marshal a policy, or a certified true copy of a policy, of public liability and products liability insurance, including both accident and occurrence coverage, provided by the wholesale company selling fireworks to the person, in the amount of at least $200,000 for bodily injury or death and at least $50,000 property damage and the person is named as an insured party upon the policy and the policy is continuously in force while the person is engaged in the retail sale of fireworks; and

(2) an endorsement fee of $10 is paid to the state fire marshal for an endorsement that is valid for two years or portions of two years during which the permit holder is engaged in the retail sale of fireworks.

(b) Upon approval of the insurance required in (a) of this section, the permit of the holder shall be endorsed by the state fire marshal to indicate the holder’s right to sell fireworks at retail, and shall indicate an expiration of the authority. The expiration date shall coincide with the expiration date of the permit holder’s liability insurance.

AS 18.72.030. Fireworks Wholesaler’s License.

(a) A person who desires to sell fireworks at wholesale in the state shall first make verified application for a license to the state fire marshal on forms provided by the state fire marshal. The forms must require the applicant to supply the applicant’s social security number if the applicant is a natural person. The application shall be accompanied by an annual license fee of $50.

(b) The license required under (a) of this section is valid until December 31 of the year during which it is issued and is renewable upon

(1) the payment of each subsequent annual license fee and affirmation that the information contained in the wholesaler’s original application for a fireworks wholesaler’s license is currently accurate; and

(2) supplying the wholesaler’s social security number if it has not previously been supplied under (a) of this section and if the wholesaler is a natural person.

AS 18.72.040. Criminal Penalty.

A person who recklessly fails to comply with a provision of this chapter or fireworks regulations adopted in the fire safety code is guilty of a class B misdemeanor. Each day of noncompliance constitutes a separate offense. In this section, “recklessly” has the meaning given in AS 11.81.900 .

AS 18.72.060. Municipal Regulation of Fireworks.

This chapter and fireworks regulations adopted under the fire safety code supersede the provisions of an ordinance adopted by a city or borough, whether before or after May 23, 1969, that are less restrictive than this chapter or the code. However, nothing in this section affects the authority of a city or organized borough under other law to prohibit or regulate more restrictively than this chapter the offering for sale, exposure for sale, sale, use, or explosion of fireworks.

AS 18.72.100. Definitions.

In this chapter and fireworks regulations adopted in the state fire safety code,

(1) “dangerous fireworks” includes all fireworks that are not defined as salable fireworks;

(2) “fire safety code” means the fire safety code of the state adopted and administered by the division of fire prevention of the Department of Public Safety;

(3) “fireworks” means salable fireworks or dangerous fireworks;

(4) “salable fireworks” are ICC Class C Common Fireworks and shall include only those fireworks enumerated as ICC Class C Common Fireworks in the regulations of the Interstate Commerce Commission, as the regulations are presently constructed, and, more specifically, shall include and be limited to the following:

(A) roman candles, not exceeding 10 balls spaced uniformly in the tube, total pyrotechnic composition not to exceed 20 grams each in weight, any inside tube diameter not to exceed 3/8 inch;

(B) skyrockets with sticks, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch, with the rocket sticks being securely fastened to the tubes;

(C) helicopter type rockets, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch;

(D) cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each in weight, and the inside tube diameter not to exceed 3/4 inch;

(E) cone fountains, total pyrotechnic composition not to exceed 50 grams each in weight;

(F) wheels, total pyrotechnic composition not to exceed 60 grams for each driver unit or 240 grams for each complete wheel, and the inside tube diameter of driver units not to exceed 1/2 inch;

(G) illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed 100 grams each in weight;

(H) dipped sticks, the pyrotechnic composition of which contains chlorate or perchlorate, that do not exceed five grams, and sparklers, the composition of which does not exceed 100 grams each and that contains no magnesium or magnesium and a chlorate or perchlorate;

(I) mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed 40 grams each in weight;

(J) firecrackers with soft casings, the external dimensions of which do not exceed one and one-half inches in length or one-quarter inch in diameter, total pyrotechnic composition not to exceed two grains each in weight;

(K) novelties consisting of two or more devices enumerated in this paragraph when approved by the Bureau of Explosives.

36-1601. Definitions

In this article, unless the context otherwise requires:

1. “Consumer firework” means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations part 172 and 173, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.

2. “Display firework” means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.

3. “Fireworks”:

(a) Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework.

(b) Does not include:

(i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion.

(ii) Toy pistol paper caps that contain less than twenty-hundredths grains of explosive mixture, or fixed ammunition or primers therefor.

(iii) Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers.

4. “Governing body” means the board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town and means the governing body of an incorporated city or town as to the area within its corporate limits.

5. “Permissible consumer fireworks”:

(a) Means the following types of consumer fireworks as defined by the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version:

(i) Ground and handheld sparkling devices.

(ii) Cylindrical fountains.

(iii) Cone fountains.

(iv) Illuminating torches.

(v) Wheels.

(vi) Ground spinners.

(vii) Flitter sparklers.

(viii) Toy smoke devices.

(ix) Wire sparklers or dipped sticks.

(x) Multiple tube fireworks devices and pyrotechnic articles.

(b) Does not include anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, including, for example, firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, roman candles and jumping jacks.

6. “Person” includes an individual, partnership, firm or corporation.

36-1602. Fireworks prohibited

A. Except as otherwise provided by this article, it is unlawful to sell, offer or expose for sale, use, explode or possess any fireworks.

B. This section shall not be construed to prohibit or restrict the manufacture or possession, by a qualified pyrotechnic expert, of aerial set pieces designed for use in pyrotechnical displays, or the display of such set pieces in

accordance with the terms of this article. The governing body as defined by section 36-1601 shall determine if the expert is qualified.

36-1605. Permitted uses

This article does not prohibit:

1. The sale at wholesale by a resident wholesaler, dealer or jobber of fireworks that are not prohibited by this article.

2. The sale of fireworks that are to be and are shipped directly out of the state.

3. The use of fireworks by railroads or other transportation agencies for signal purposes or illumination.

4. The sale or use of explosives for blasting or other legitimate industrial purposes.

5. The use of fireworks or explosives, or both, by farmers, ranchers and their employees, and by state and federal employees who manage wildlife resources, to rally, drive or otherwise disperse concentrations of wildlife for the purpose of protecting property or wildlife.

6. The sale of permissible consumer fireworks by a retail establishment if the retail establishment complies with the rules adopted pursuant to section 36-1609.

7. The use of permissible consumer fireworks by the general public, unless the use is prohibited by a governing body of an incorporated city or town.

36-1606. Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction

The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and their use is not subject to further regulation by a governing body, except that an incorporated city or town may regulate the use of permissible consumer fireworks within its corporate limits and a county may regulate the use of permissible consumer fireworks within the unincorporated areas of the county during times when there is a reasonable risk of wildfires in the immediate county. This article does not prohibit the imposition by ordinance of further regulations and prohibitions on the sale, use and possession of fireworks other than permissible consumer fireworks by a governing body. A governing body shall not permit or authorize the sale, use or possession of any fireworks in violation of this article.

36-1607. Seizure

The Arizona highway patrol or any sheriff or other peace officer shall seize, remove or cause to be removed, at the expense of the owner, all fireworks or combustibles offered or exposed for sale, stored or possessed in violation of this article.

36-1608. Violation; classification

A person violating a provision of this article is guilty of a class 3 misdemeanor.

36-1609. State fire marshal; adoption of code; sale of permissible consumer fireworks

A. The state fire marshal shall adopt rules pursuant to title 41, chapter 6 to carry out this article, including a rule that adopts the national fire protection association code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles, 2006 edition. A person who sells permissible consumer fireworks to the public shall comply with those rules relating to the storage of consumer fireworks and relating to the retail sales of consumer fireworks before selling permissible consumer fireworks to the public.

B. A person shall not sell or permit or authorize the sale of permissible consumer fireworks to a person who is under sixteen years of age.

36-1610. Prohibited use of fireworks on state land; civil penalty

A. The state fire marshal may impose a civil penalty of one thousand dollars for each incident of prohibited use of fireworks on state land in violation of this article.

B. The state fire marshal shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected pursuant to this section in the fire suppression revolving fund established by section 37-623.02.

20-22-701. Definitions.

As used in this subchapter:

(1) “Distributor” means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer, or both; (2) “I.C.C. Class C common fireworks” means all articles of fireworks classified as “I.C.C. Class C common fireworks” as defined in § 20-22-708 and in the regulations of the Interstate Commerce Commission for the transportation of explosives and other dangerous articles;

(3) “Importer” means any person who imports, brings in, or causes to be brought in any fireworks from outside the geographical limits of the State of Arkansas into this state;

(4) “Jobber” means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail. “Wholesaler” shall have the same meaning as “jobber”;

(5) “License” means the written authority of the Director of the Department of Arkansas State Police issued under the authority of this subchapter to a distributor, jobber, wholesaler, manufacturer, importer, or retailer for a fee as provided in § 20-22-707;

(6) “Manufacturer” means any person engaged in the making or construction of fireworks in the State of Arkansas or any person engaged in the making or construction of fireworks who ships or causes to be shipped, or transports or causes to be transported, any items of fireworks into the State of Arkansas;

(7) “Permit” means the written authority of the Director of the Department of Arkansas State Police issued for a public fireworks display under the authority of this subchapter;

(8) “Person” means any corporation, association, copartnership, or one (1) or more individuals;

(9) “Retailer” means any person engaged in the business of making sales of fireworks at retail to consumers or to persons other than a distributor or jobber;

(10) “Sale” means barter, exchange, gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee;

(11) “Shooter” means any person conducting any combination of fireworks, pyrotechnics, or special effects displays within the State of Arkansas; and

(12) “Special fireworks” means all articles of fireworks that are classified as Class B explosives in the regulations of the Interstate Commerce Commission and shall include all articles other than those classified as Class C but shall not include such dangerous items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs, torpedoes, and fireworks containing more than fifty milligrams (50mg) of explosive powder. 20-22-704. Power of municipalities unaffected.

This subchapter shall not affect the power of any municipality to regulate or prohibit the sale or use of fireworks.

20-22-705. Violation of subchapter-Penalties.

Any person violating any of the provisions of this subchapter, except § 20-22-706, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or imprisoned for not more than ninety (90) days, or both, in the discretion of the court.

20-22-706. License required-Penalty.

(a) No person shall do any act for which a license or permit is required by this subchapter or by local authorities acting pursuant to this subchapter unless he or she holds the proper federal, state, and local license and, if applicable, a permit.

(b) Whoever violates subsection (a) of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and may be prohibited from applying for a license or a permit for up to five (5) years.

20-22-707. License-Application and issuance.

(a)(1) To engage in the sale of fireworks as a manufacturer, importer, distributor, wholesale jobber, retailer, or shooter, an applicant shall submit to the Director of the Department of Arkansas State Police an application on a form provided by the director before April 1 of each year setting forth such facts and information as the director may determine necessary and proper, considering the requirements of public health, safety, and welfare. The license for

manufacturers, importers, distributors, wholesale jobbers, and retailers shall be effective from and shall date from May 1 of the year of issuance. The license for manufacturers, importers, distributors, wholesale jobbers, and retailers shall be valid through April 30 of the following year. The license for shooters shall be valid for five (5) years from the date of issuance. Upon approval of the application by the director and before the issuance of the license therefor, the applicant shall pay to the director a license fee for each type of business conducted to the following schedule: (A) Manufacturer $1,000.00 (B) Importer $750.00 (C) Distributor $500.00

(D) Jobber wholesaler $100.00

(E) Retailer $25.00

(F)(i) Shooter $50.00

(ii) This fee for shooters shall be waived if the applicant verifies that the applicant is a professional or volunteer firefighter.

(2) (A) However, retailers may purchase their licenses from their vendors, which include importers, distributors, or jobber wholesalers. The retailers’ licenses shall be made available by the Department of Arkansas State Police to the vendors in books of twenty (20) licenses to a book. The vendors shall record the sales of the licenses to retailers and submit their records to the director semiannually on January 31 and July 31 of each year. Each semiannual report shall cover the preceding six-month period.

(B) Vendors may secure a refund of the fees paid for retailer licenses which are not sold by the vendor.

(C) Failure to obtain the permit shall be deemed a violation of this subchapter.

(b)(1) Renewal of outstanding licenses to engage in the sale of fireworks as a manufacturer, importer, distributor, jobber, retailer, or shooter shall be made effective by payment of the fee, as set forth in subsection (a) of this section, to the director on or before May 1 of each year.

(2) License renewal applications postmarked after May 1 of each year shall be assessed a late penalty in an amount equal to two (2) times the renewal fee, as set forth in subsection (a) of this section.

(3) An initial application postmarked after April 1 shall be assessed a late penalty in an amount equal to two (2) times the license fee, as set forth in this section.

(c) All funds collected under this subchapter by the director, including license fees and penalties, shall be deposited into the State Treasury to the credit of the Department of Arkansas State Police Fund.

(d) The director shall assign a license number to each license issued. This number shall be affixed by the person to whom such a license is issued to all invoices issued or used by each manufacturer, importer, distributor, or jobber.

(e)(1) It shall be unlawful for a jobber licensed under this subchapter or for an Arkansas-domiciled retailer to purchase fireworks from a distributor, importer, or manufacturer domiciled outside the State of Arkansas unless the distributor, manufacturer, or importer can show proof that the distributor, manufacturer, or importer holds a valid license under this subchapter to perform functions of the distributor, importer, or manufacturer, or all of them, as the case may be.

(2) In the event of a violation of this section, if the distributor, importer, or manufacturer cannot show valid proof of being properly and currently licensed under this subchapter and if purchase of fireworks is consummated by a wholesale jobber licensed under this subchapter or by an Arkansas retailer from the distributor, importer, or manufacturer, then the jobber or retailer shall become liable, as a civil penalty, for the full amount of the license fee required by this subchapter from the distributor, importer, or manufacturer. The amount of the license fee is payable immediately, or in the event of failure to pay the penalty within thirty (30) days of the violation, the distributor, importer, or manufacturer shall be subject to the criminal penalties provided by this subchapter.

(3) Furthermore, unless the out-of-state distributor, importer, or manufacturer pays the license fee required under the provisions of this subchapter within a period of thirty (30) days after being so notified by registered mail, the person shall thereafter be prohibited from engaging in the business defined in this subchapter in the State of Arkansas.

(f)(1) No permit or license provided for in this subchapter shall be transferable, nor shall a person be permitted to operate under a permit or license issued to any other person.

(2) No permit or license shall be issued to a person under twenty-one (21) years of age.

(3) (A) Each retailer and holder of a license under the provisions of this subchapter shall keep an accurate record of each shipment received.

(B) Each distributor, importer, jobber, or wholesaler shall keep a record of each shipment received and each sale, delivery, or out-shipment of fireworks.

(C) The records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item, and quantity received or sold.

(D) The records are to be kept at each place of business and shall be subject to examination by the director or his or her agents who shall have the authority at any time to require any manufacturer, importer, distributor, wholesaler, jobber, or retailer to produce records for the current year and the immediately preceding full license year.

(E) Each shooter shall keep a record of the date, location, and type of display conducted within the State of Arkansas.

(g) Mail-order sales of fireworks to consumers through any medium of interstate or intrastate commerce are prohibited. Sales of fireworks to consumers may be made only at properly licensed retail locations within the State of Arkansas. Any person violating this subsection shall be guilty of a Class C misdemeanor.

(h) The director may revoke or deny an application for any license or permit at any time for violating any provision of this subchapter or for falsifying any information provided to the department as part of an application for a license or permit.

(i) The director may promulgate rules necessary to enforce this subchapter.

20-22-708. Possession, sale, and use unlawful-Exceptions.

(a) It shall be unlawful for any person to possess, sell, or use, within the State of Arkansas, or ship into the State of Arkansas, except as provided in § 20-22-711, any pyrotechnics, commonly known as fireworks, other than the permissible items enumerated in this section, except as provided in this subchapter. The permissible fireworks consist of those defined in Interstate Commerce Commission regulations described as Class C fireworks only and shall include the following:

(1) Roman candles, with no handle or spike affixed thereto, not exceeding ten (10) balls spaced uniformly in the tube, total pyrotechnic composition not to exceed twenty grams (20 g) each in weight. The inside tube diameter shall not exceed three-eighths inch (3/8”);

(2) Sky rockets, with sticks, total pyrotechnic composition not to exceed twenty grams (20 g) each in weight. The inside tube diameter shall not exceed one-half inch (1/2”). The rocket sticks shall be securely fastened to the tubes;

(3) Helicopter-type rockets, total pyrotechnic composition not to exceed twenty grams (20 g) each in weight. The inside tube diameter shall not exceed one-half inch (1/2”);

(4) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five grams (75 g) each in weight. The inside tube diameter shall not exceed three-fourths inch (3/4”);

(5) Cone fountains, total pyrotechnic composition not to exceed fifty grams (50 g) each in weight;

(6) Wheels, total pyrotechnic composition not to exceed sixty grams (60 g) for each driver unit or two hundred forty grams (240 g) for each complete wheel. The inside tube diameter of driver units shall not exceed one-half inch (1/2”);

(7) Illuminating torches and colored fire in any form, except items included in subdivision (a)(12) of this section, total pyrotechnic composition not to exceed one hundred grams (100 g) in weight;

(8) Sparklers and dipped sticks, total pyrotechnic composition not to exceed one hundred grams (100 g) each in weight. Pyrotechnic composition containing any chlorate or perchlorate shall not exceed five grams (5 g);

(9) Mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed forty grams (40 g) each in weight;

(10) Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches (11/2”) in length or one-quarter inch (1/4”) in diameter, and other items designed to produce an audible effect, total pyrotechnic composition not to exceed two grams (2 g) each in weight;

(11) Novelties consisting of two (2) or more devices enumerated in this subsection, trick matches, and cigarette plugs, when approved by the Federal Bureau of Explosives;

(12) Railway fuses, truck flares, hand ship distress signals, smoke signals, and smoke pots.

(b) No component of any device listed in this section which is designed to produce an audible effect shall contain pyrotechnic composition in excess of two grams (2 g) in weight excluding propelling or expelling charges.

20-22-709. Labeling.

(a) No permissible articles of common fireworks defined in § 20-22-708 shall be sold, offered for sale, or possessed within the state, or used in the State of Arkansas, except as provided in § 20-22-702, unless it shall be properly named to conform to the nomenclature of § 20-22-708 and unless it shall be certified as “common fireworks” on all shipping cases and by imprinting on the article or retail container “I.C.C. Class C Common

Fireworks”. The imprint shall be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and by the general public.

(b) Railway fuses are specifically excepted from this marking requirement.

20-22-710. Location, display, sale, etc.

(a) The placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass on to the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within ten feet (10′) of where the fireworks are offered for sale is declared unlawful and prohibited.

(b) At all places where fireworks are stored or sold, there shall be posted signs with the words “FIREWORKS — NO SMOKING” in letters not less than four inches (4”) high at each entrance to the retail sales area.

(c)(1) No fireworks are to be sold at retail at any location where paints, oils, or varnishes are kept for use or sale, unless the paints, oils, and varnishes are kept in the original unbroken containers, nor where resin, turpentine, gasoline, or other inflammable substance that may generate inflammable vapors is used, stored, or sold.

(2) Consumer fireworks retail sales facilities and stores shall not be located within fifty feet (50′) of the following:

(A) Motor vehicle fuel dispensing station dispensers;

(B) Retail propane dispensing station dispensers;

(C) Above-ground storage tanks for flammable or combustible liquids;

(D) Flammable gases or flammable liquefied gases; or

(E) Compressed natural gas dispensing facilities.

(d) All firework devices that are readily accessible to handling by a consumer or purchaser shall have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash, or other ignition source. Safety type thread wrapped and coated fuses are exempt from this section.

(e) All licensees under this subchapter shall have a fire extinguisher of a type approved by the Director of the Department of Arkansas State Police in an area readily accessible to any point of storage or sale of fireworks. In lieu of such an extinguisher, retailers may maintain a common type of water hose, charged and connected to a water system, which is readily available to any area where fireworks are stored or sold.

20-22-711. Times of permissible sales.

(a) Permissible items of fireworks, defined in § 20-22-708, may be sold at retail to residents of the State of Arkansas and used within the State of Arkansas from June 20 through July 10 and December 10 through January 5 of each year only.

(b) As used in this section, “fireworks” shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five-hundredths grains (0.25 gr.) or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five-hundredths grains (0.25 gr.) of explosive compounds, cone, bottle, tube, or other type serpentine pop-off novelties, nonpoisonous toy snake, smoke sticks without report, and sparklers, the sale and use of which shall be permitted at all times.

20-22-712. Sales to certain people prohibited.

It shall be unlawful to offer for retail sale or to sell any fireworks to children under twelve (12) years of age or to any person known to be intoxicated or irresponsible.

20-22-713. Place of explosion or ignition.

(a) It shall be unlawful to explode or ignite fireworks within six hundred feet (600′) of any church, hospital, asylum, public school, or within two hundred feet (200′) of where fireworks are stored, sold, or offered for sale.

(b) No person shall ignite or discharge any permissible articles of fireworks within, or throw the fireworks from, a motor vehicle while therein, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people.

20-22-714. Seizure of contraband fireworks.

(a) The Director of the Department of Arkansas State Police shall seize as contraband any fireworks other than Class C common fireworks defined in § 20-22-708, or special fireworks for public displays as provided in § 20-22-702 or for agricultural or industrial purposes as provided in § 20-22-703, which are sold, displayed, used, or possessed in violation of this subchapter.

(b) The director may destroy fireworks so seized.

20-22-715. Notice of violation-Hearing.

(a) With reference to the administrative and civil penalties imposed by this subchapter, the Director of the Department of Arkansas State Police shall notify the person accused of a violation, setting a time and place for hearing to be held by the director or his or her designated agent.

(b) If the hearing results in a revocation or refusal to renew a license of or the imposition of any civil penalty upon that person, the person adjudged guilty of the violation shall have a right to appeal the decision, for a trial de novo, to the Pulaski County Circuit Court.

12500. This part shall be known and may be cited as the State Fireworks Law.

12501. Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.

12502. “Advertise” means an announcement publicly with any sign, card, or notice, or by any other means, on which appears a person’s name or business name style offering to sell or transfer fireworks or pyrotechnic devices, or to cause a person’s name or business name style to be included in any classified advertisement or directory for the purpose of the sale or transfer of fireworks or pyrotechnic devices.

12503. “Agricultural and wildlife fireworks” means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.

12505. “Dangerous fireworks” includes all of the following:

(a) Any fireworks which contain any of the following:

(1) Arsenic sulfide, arsenates, or arsenites.

(2) Boron.

(3) Chlorates, except:

(A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.

(B) In caps and party poppers.

(C) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate.

(4) Gallates or Gallic acid.

(5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).

(6) Mercury salts.

(7) Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).

(8) Picrates or picric acid.

(9) Thiocyanates.

(10) Titanium, except in particle size greater than 100-mesh.

(11) Zirconium.

(b) Firecrackers.

(c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.

(d) Roman candles, including all devices which discharge balls of fire into the air.

(e) Chasers, including all devices which dart or travel about the surface of the ground during discharge.

(f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter.

(g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.

(h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.

(i) Torpedoes of all kinds which explode on impact.

(j) Fireworks kits.

(k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.

12507. “End fuse” means a fuse inserted into any fireworks or pyrotechnic device at the end as distinguished from the side of such item.

12508. “Exempt fireworks” means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.

12509. “Exporter” means any person who sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of this state.

12510. “Fire nuisance” means anything or any act which increases, or may cause an increase of, the hazard or menace of fire, or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay, or hindrance, to the prevention or extinguishment of fire.

12511. “Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits.

12512. “Fireworks kit” means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of fireworks in Section 12511.

12513. “Importer” means any person who for any purpose does any of the following:

(a) Brings fireworks into this state or causes fireworks to be brought into this state.

(b) Procures the delivery or receives shipments of any fireworks into this state.

(c) Buys or contracts to buy fireworks for shipment into this state.

12514. “Issuing authority” means any person who has the responsibility of evaluating the application for, and issuing, the permits required by Section 12640.

12515. “Label of registration” means the label of registration of the State Fire Marshal.

12516. “License” means any nontransferable authorization granted by the State Fire Marshal to engage in any activity regulated by this part.

12517. “Licensee” means any person 21 years of age or older holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570).

12518. “Manufacturer” means any person who manufactures, makes, constructs, fabricates, or produces any fireworks or pyrotechnic devices, but does not include any person who assembles or fabricates any sets or mechanical pieces for public displays of fireworks, or persons operating within the scope of public display or pyrotechnic operator licenses.

12521. “Package” includes any case, container, or receptacle, used for holding fireworks, which is closed or sealed by tape, cordage, or by any other means.

12522. “Permit” means the nontransferable permission granted by the public agency having local jurisdiction to a licensee for the purposes of establishing and maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged, or used, or the nontransferable permission granted by the public agency having local jurisdiction or by the State Fire Marshal to a licensee for the purpose of transporting fireworks.

12523. “Person” means any person, copartnership, organization, firm, corporation, association, or any combination thereof, or any city, county, city and county, and state, and shall include any of their employees and authorized representatives.

12524. “Public display of fireworks” means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.

12525. “Pyrotechnic compositions” means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere.

12526. “Pyrotechnic device” means any combination of materials, including pyrotechnic compositions, which, by the agency of fire, produce an audible, visual, mechanical or thermal effect designed and intended to be useful for industrial, agricultural, personal safety, or educational purposes. The term “pyrotechnic device” includes, but is not limited to, agricultural and wildlife fireworks, model rockets, exempt fireworks, emergency signaling devices, and special effects.

12527. “Pyrotechnic operator” means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.

12528. “Retailer” means any person who, at a fixed place of business, sells, transfers, or gives fireworks to a consumer or user.

12529. “Safe and sane fireworks” means any fireworks which do not come within the definition of “dangerous fireworks” or “exempt fireworks.”

12530. “Salesman” means any person who, as an employee of a manufacturer or wholesaler, solicits, accepts, or receives an order for fireworks for a licensee or permittee.

12531. “Sell” means any arrangement between two or more persons as a result of which there is a transfer of property for a consideration.

12533. “Wholesaler” means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale. It also includes any person who sells dangerous fireworks to public display permittees.

12534. “Within this state” means within all territory within the boundaries of this state.

12540. The provisions of this part shall not apply to any of the following:

(a) Explosives regulated under Part 1 (commencing with Section 12000) of Division 11.

(b) Arms and handguns defined as firearms by the Federal Gun Control Act of 1968, as well as such devices and weapons classified under Section 12020 or 12301 of the Penal Code, including blank cartridge pistols of the type used at sporting events or theatrical productions.

(c) Research or experiments with rockets or missiles or the production or transportation of rockets or missiles by the Department of Defense of the United States, or by any agency or organization acting pursuant to a contract with the Department of Defense for the development and production of rockets or missiles.

(d) Paper caps which contain less than 0.25 grain of pyrotechnic composition per unit load.

12541. Nothing in this part authorizes the sale, use, or discharge of fireworks in any city, county, or city and county in which the sale, use, or discharge is otherwise prohibited or regulated by law or ordinance.

12541.1. (a) A special district which provides fire protection, prevention, or suppression services may adopt an ordinance or regulation to prohibit or regulate the sale, use, or discharge of fireworks within that special district.

(b) If the county or city in which any area of the special district is located has adopted an ordinance or regulation to prohibit or regulate the sale, use, or discharge of fireworks within that county or city, the ordinance or regulation adopted by the county or city shall prevail over the ordinance or regulation adopted by the special district within any area of the special district which is within that county or city, and only the ordinance or regulation adopted by the county or city shall be operative in that area of the special district.

(c) If any area of a special district encompasses lands which are a state responsibility area, as defined in Sections 4125 and 4126 of the Public Resources Code, any regulation or prohibition of the state with respect to the sale, use, or discharge of fireworks within the state responsibility area shall prevail over any ordinance or regulation of the special district within that area.

12550. The State Fire Marshal shall enforce and administer this part.

12551. The State Fire Marshal shall appoint deputies and employees as may be required to carry out the provisions of this part, subject to approval in the annual Budget Act.

12552. The State Fire Marshal shall adopt regulations relating to fireworks as may be necessary for the protection of life and property not inconsistent with the provisions of this part. These regulations shall include, but are not limited to, provisions for the following:

(a) Granting of licenses and permits for the manufacture, wholesale, import, export, and sale of all classes of fireworks.

(b) Classification of fireworks and pyrotechnic devices.

(c) Registration of employees of licensees.

(d) Licenses and permits required for presentation of public displays.

(e) Granting of licenses and permits for research or experimentation with experimental or model rockets and missiles.

(f) Investigation, examination, and licensing of pyrotechnic operators of all classes.

(g) Registration of emergency signaling devices and the classification and use of exempt fireworks.

(h) Transportation of all classifications of fireworks, model rockets, emergency signaling devices, and exempt fireworks.

12553. The State Fire Marshal shall also adopt regulations for classification of any new type of fireworks or pyrotechnic devices which have not been classified prior to January 1, 1974 and for the regulation of such fireworks in accordance with the provisions of this part.

12554. The regulations adopted by the State Fire Marshal relating to fireworks and in existence on January 1, 1974 shall continue thereafter to be in effect as regulations of the State Fire Marshal until amended or repealed pursuant to the provisions of this part.

12555. The State Fire Marshal or his salaried deputies may make an examination of the books and records of any licensee or permittee relative to fireworks, and may visit and inspect any building or other premises subject to the control of, or used by, the licensee or permittee for any purpose related to fireworks of any licensee or permittee at any time he may deem necessary for the purpose of enforcing the provisions of this part.

12556. In addition to the obligations described in Section 13110.5, on or before July 1, 2008, the State Fire Marshal shall identify and evaluate methods to capture more detailed data relating to fires, damages, and injuries caused by both dangerous fireworks and safe and sane fireworks. These evaluation methods shall include a cost analysis related to capturing and reporting the data and shall meet or exceed the specificity, detail, and reliability of the data captured under the former California Fire Incident Reporting System (CFIRS). The State Fire Marshal shall furnish a copy of these evaluation methods to any interested person upon request.

12557. (a) The Office of the State Fire Marshal shall consult with public safety agencies and other stakeholders as deemed necessary by the State Fire Marshal and develop a model ordinance that permits local jurisdictions to adopt a streamlined enforcement and administrative fine procedures related to the possession of 25 pounds or less of dangerous fireworks. These procedures shall be limited to civil fines and as authorized pursuant to Section 53069.4 of the Government Code, and provide that the fines collected pursuant to this section shall not be subject to Section 12706. The model ordinance shall include provisions for reimbursing the Office of the State Fire Marshal for the costs associated with the disposal of seized fireworks and collecting these disposal costs as part of an administrative fine as described in subdivision (c).

(b) An ordinance of a local jurisdiction in effect on or after January 1, 2008, that is related to dangerous fireworks and is not the model ordinance described in subdivision (a) shall, as soon as practicable, comply with all of the following:

(1) The ordinance shall be amended or adopted to include provisions for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs as part of an administrative fine as described in subdivision (c).

(2) The ordinance shall be amended or adopted to provide that the ordinance shall be limited to a person who possesses or the seizure of 25 pounds or less of dangerous fireworks.

(3) The ordinance shall be amended or adopted to provide that the fines collected pursuant to the ordinance shall not be subject to Section 12706.

(c) The State Fire Marshal shall, in consultation with local jurisdictions, develop regulations to specify a procedure on how to cover the cost to the Office of the State Fire Marshal for the transportation and disposal of dangerous fireworks that are seized by local jurisdictions. The regulations shall include, but are not limited to, all of the following:

(1) A cost recovery procedure to collect, as part of an administrative fine, the actual cost for transportation and disposal of dangerous fireworks from any person who violates a local ordinance related to dangerous fireworks.

(2) The method by which the actual cost for transportation and disposal by the Office of the State Fire Marshal will be calculated.

(3) The method, manner, and procedure the local jurisdiction is required to follow to forward the amounts collected pursuant to paragraph (1) to the State Fire Marshal.

12558. The licensee or permittee shall permit the chief of the issuing authority, or his authorized representatives, as qualified in Section 12721, to enter and inspect any building or other premises subject to the control of or used by the licensee or permittee for any purpose related to fireworks at any time for the purpose of enforcing the provisions of this part.

12560. The State Fire Marshal shall classify all fireworks and pyrotechnic devices in accordance with the provisions of this chapter. No fireworks or pyrotechnic devices shall be imported, sold, or offered for sale prior to the examination and classification by the State Fire Marshal.

12561. All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “dangerous” fireworks” in Section 12505 shall be classified as dangerous fireworks.

12562. All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “safe and sane” fireworks” in Section 12529 shall be classified as safe and sane fireworks.

12563. All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “agricultural and wildlife fireworks” in Section 12503 shall be classified as agricultural and wildlife fireworks.

12564. All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “exempt fireworks” in Section 12508 shall be classified as exempt fireworks.

12567. Those fireworks classified by the State Fire Marshal as safe and sane prior to January 1, 1974 may continue to bear that designation and may be sold as safe and sane fireworks until 12 noon on July 6, 1974. All fireworks previously designated as safe and sane which are offered for sale or sold during the 1974 retail license year and thereafter shall bear the State Fire Marshal label with the classification of safe and sane fireworks.

12568. The manufacturer, importer, or wholesaler shall stamp or label each case or carton of dangerous fireworks offered for sale, sold, consigned, or delivered within the state for sale or use within this state as dangerous fireworks. Each package of safe and sane fireworks shall be marked as safe and sane fireworks and shall bear the State Fire Marshal’s classification label and licensee’s registration number.

12569. Except as provided in Section 12637 and pursuant to the provisions of Sections 12560 and 12581, fireworks or pyrotechnic devices examined and classified by the State Fire Marshal shall be submitted by manufacturers, wholesalers, and importers and exporters holding a valid license only.

12570. The State Fire Marshal may issue any license described in this part, subject to the regulations which he may adopt not inconsistent with the provisions of this part.

12572. A wholesaler’s license allows the sale and transportation of all types of fireworks to licensed retailers, or retailers operating under a permit, licensed public display operators, and other licensed wholesalers in California only and sale to special effects pyrotechnic operators holding a valid permit and sale of exempt fireworks to those industrial and commercial concerns that possess a valid permit from the local agency having jurisdiction in the area where such fireworks are to be used or stored.

12573. An importer’s and exporter’s license shall allow fireworks to be imported into and exported from the state. Import activity shall be limited to the sale of fireworks to licensed wholesalers and licensed manufacturers only. Export activity shall be limited to the sale of fireworks to persons outside of the state. Holders of this type of license shall not be issued or possess a public display license of any type without first securing a wholesaler’s license.

This section shall not require a license for a motion picture production company to transport or deliver special effects from within the state to a destination outside the state.

12574. A retail sales license allows the retail sale of safe and sane fireworks for private use.

12579. All licensees may transport the class of fireworks for which they hold a valid license as provided in Section 12651.

12580. The State Fire Marshal may issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices in this state.

12581. Any person who desires to manufacture, import, export, sell or use fireworks shall first make written application for a license to the State Fire Marshal on forms provided by him. Such application shall be accompanied by the annual license fee as prescribed in this chapter.

12582. The application for a license shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the corporation’s seal.

12583. The authorization to engage in the particular act or acts conferred by a license to a person shall extend to salesmen or other employees of such person who are registered with the State Fire Marshal. The sales personnel and other employees of licensed retailers, however, need not be registered with the State Fire Marshal. No person under the age of 18 shall sell, or handle for sale, any classification of fireworks.

12585. Any applicant may withdraw his application for a license or renewal of a license and the State Fire Marshal may allow the withdrawal when he has determined that it is in the best interest of public safety or the administration of this part.

12586. The suspension, expiration, or forfeiture by operation of law of a license issued by the State Fire Marshal, or its suspension, forfeiture, or cancellation by order of the State Fire Marshal or by a court of law, or its surrender to the State Fire Marshal shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the State Fire Marshal of his authority to institute or continue disciplinary action against the licensee upon any ground provided by law, or to enter an order suspending or revoking a license or otherwise taking disciplinary action against the licensee on any such ground.

12587. A written report by the State Fire Marshal, any of his deputies, or salaried assistants, or by the chief of any city or county fire department or fire protection district or their authorized representatives, disclosing that the applicant for a license or for renewal of a license does not meet, or the premises for which the license is required do not meet, the qualifications or conditions for such license as required by this part or regulations adopted pursuant to this part, may constitute grounds for denial of any application for the license or renewal of the license.

12588. The State Fire Marshal may deny, without hearing, an application for a license or renewal of a license, if within one year prior to the date of application, the State Fire Marshal has denied or revoked a license after proceedings conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code for the same applicant on the ground of violation of this part.

12589. The application for any license shall become void when any of the following occurs:

(a) The State Fire Marshal has notified the applicant to appear for examination and the applicant fails to appear or fails to submit a written statement of just cause for not appearing.

(b) The applicant fails to achieve a passing score on a required examination. A minimum qualifying score shall be established by regulations pursuant to this part.

(c) The applicant has not submitted documentary evidence of his qualifications as required by regulations adopted pursuant to this part.

(d) The applicant has failed to submit evidence of insurability as required by this part.

(e) The applicant withdraws his application prior to an investigation by the State Fire Marshal to determine if the license shall be issued.

(f) The license is denied after a hearing is conducted as provided by this part.

(g) The applicant has made misrepresentations or filed false statements.

12590. The State Fire Marshal may deny or revoke any license issued pursuant to this part if the State Fire Marshal finds any of the following conditions has occurred:

(a) The licensee has failed to pay the annual renewal license fee provided in this chapter.

(b) The licensee or license applicant has violated any provisions of this part or any regulations adopted by the State Fire Marshal pursuant to this part.

(c) The licensee or license applicant has created or caused a fire nuisance.

(d) The licensee has failed to keep full, complete, and accurate records or failed to file any required reports.

(e) Any fact or condition exists which, if it had existed at the time of the original application for the license reasonably would have warranted the State Fire Marshal in refusing originally to issue the license.

(f) The permit issued under Section 12640 has been rescinded or revoked by the issuing authority.

(g) Any licensee or license applicant has refused to make available to the State Fire Marshal full, complete, and accurate records.

12591. The State Fire Marshal may, upon three days notice, suspend any license for a period not exceeding 30 days pending investigation of any violation of the provisions of this part.

12592. Any applicant who has been denied a license or renewal of a license, or any licensee who has had a license suspended, shall be entitled to a hearing in accordance with the provisions of this part.

12593. Except where otherwise provided in this part, all hearings under this part shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

12594. Reports on fireworks transactions or the payment of license fees or penalties required by this part shall be deemed to have been made or paid at the time they are filed with, or paid to, the State Fire Marshal, or, if sent by mail, on the date shown by the United States postmark on the envelope containing the report or payment.

12595. Except as otherwise provided in Section 12599, on and after July 1, 1974, the original and annual license fee shall be for the fiscal year beginning July 1 and ending June 30 of the following year, or for the remaining portion of such fiscal year if the license is issued after the beginning of that fiscal year.

12596. Any person or organization may obtain any license required by this part between January 1, 1974, and June 30, 1974, to be effective for that period only.

12597. Application for renewal of a license shall be made during the license renewal period in the current license year in order to renew a license for the next following license year. The license renewal period shall begin on January 1 and end May 1 preceding the license year for which renewal is requested. A penalty of 50 percent of the basic license fee shall be assessed in all cases where the renewal fees are not paid on or before May 1, preceding the license year for which renewal is requested. This section shall not apply to retail sales licenses.

12598. Every licensee who fails to renew his or her license by the time the license expires shall surrender the license to the State Fire Marshal within 10 days after the license expires.

12599. A retail license shall authorize a retail sale of safe and sane fireworks within this state only during the period of 12 noon on the 28th of June through 12 noon on the 6th of July of the same calendar year and such license shall expire at the end of such period. No retail license shall be issued for the license period defined in this section unless the application for such license is received by the State Fire Marshal on or before June 15 preceding the license period. A new retail sales license shall be required annually for the period specified in this section.

12600. Except as provided in Section 12583, the authority to perform any acts permitted by a license issued under this part shall be limited to the licensee and shall not be transferable.

12601. Except as provided in Section 12599, any license not renewed in accordance with the provisions of this part shall automatically expire at 12 midnight on June 30 of each year.

12604. Following the revocation or voluntary surrender of a license, or failure to renew his license, any person in lawful possession of lawfully acquired fireworks for which a license is required may sell or otherwise dispose of such fireworks only under supervision of the State Fire Marshal and in such a manner as he shall provide by regulations and solely to persons who are authorized to buy, possess, sell, or use such fireworks. Such disposal shall be accomplished not later than 90 days from the legal revocation, voluntary surrender, or day that the license expires. Any person possessing fireworks pursuant to this section shall report the disposition of such fireworks to the local authority who issued the storage permit within the time period specified by this section.

12605. Any person found guilty of violating any of the provisions of this part is not eligible to apply for a new license, apply for a renewal of a license, or take an examination for any license for a period of one year from the date of any conviction. The State Fire Marshal may waive the provisions of this section when he finds the granting of a license will not endanger public safety.

12606. Any charges against applicants for a license or against licensees which would be cause for the State Fire Marshal to initiate proceedings for revocation or denial of a license shall be filed with the State Fire Marshal within three years of the alleged act or omission.

12606.1. (a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting a person licensed under this chapter to pay a monetary penalty to the State Fire Marshal in lieu of an actual license suspension, the State Fire Marshal or his or her designee may stay the execution of all or part of the suspension if all of the following conditions are met:

(1) The violation that is the cause for the suspension did not pose, or have the potential to pose, a significant threat or risk of harm to the public.

(2) The licensee pays a monetary penalty.

(3) The licensee does not incur any other cause for disciplinary action within a period of time specified by the State Fire Marshal or his or her designee. In making the determination, the State Fire Marshal or his or her designee shall consider the seriousness of the violation, the violator’s record of compliance with the law, the impact of the determination on the licensee, the licensee’s employees or customers, and other relevant factors.

(b) The State Fire Marshal or his or her designee may exercise the discretion granted under this section either with respect to a suspension ordered by a decision after a contested hearing on an accusation against the licensee or by stipulation with the licensee after the filing of an accusation, but prior to the rendering of a decision based upon the accusation. In either case, the terms and conditions of the disciplinary action against the licensee shall be made part of a formal decision of the State Fire Marshal or his or her designee.

(c) If a licensee fails to pay the monetary penalty in accordance with the terms and conditions of the decision of the State Fire Marshal or his or her designee, the State Fire Marshal or his or her designee may, without a hearing, order the immediate execution of all or any part of the stayed suspension in which event the licensee shall not be entitled to any repayment nor credit, prorated or otherwise, for money paid to the State Fire Marshal under the terms of the decision.

(d) The amount of the monetary penalty payable under this section shall not exceed two hundred fifty dollars ($250) for each day of suspension stayed nor a total of ten thousand dollars ($10,000) per decision regardless of the number of days of suspension stayed under the decision.

(e) Any monetary penalty received pursuant to this section shall be deposited in the State Fire Marshal Licensing and Certification Fund.

(f) On or before March 1 of each year, the State Fire Marshal shall make available to the public data showing the percentage of enforcement actions taken that resulted in license suspension or the assessment of monetary penalties pursuant to this section.

12607. The State Fire Marshal may deny the application for a license or the application for renewal of a license filed by any person who has been convicted of a felony involving explosives or dangerous fireworks or who has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offense contained in Chapter 1 (commencing with Section 447a) of Title 13 of Part 1 of the Penal Code.

12608. The authority to perform those acts conferred upon the employee of a licensee as provided for in Section 12583 may be denied to any person who has been convicted of a felony.

12610. Notwithstanding any of the provisions of the law which may require a certificate of insurance as a condition for a permit to hold a general, special, or limited public display, any person, firm, or corporation applying for a public display license shall furnish to the State Fire Marshal a policy of public liability and property damage insurance, with limits, as determined by the State Fire Marshal, which are reasonably necessary to cover possible liability for damage to property and bodily injury or damage to persons which may result from, or be caused by, the public display of fireworks, or any negligence on the part of the licensee or his or her or its agents, servants, employees, or subcontractors presenting the public display.

12611. The certificate of insurance shall provide all of the following:

(a) That the insurer will not cancel the insured’s coverage without 15 days’ prior written notice to the State Fire Marshal.

(b) That the duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an employee of the insured or as an independent contractor and the State of California, its officers, agents, employees, and servants are included as additional insureds, but only insofar as any operations under contract are concerned.

(c) That the state shall not be responsible for any premium or assessments on the policy.

12615. All licensees, except retailers, shall maintain and make available to the State Fire Marshal full and complete, true, and accurate records showing all production, imports, exports, purchases, sales, or other disposition or consumption of fireworks by kind and class whether dangerous, safe and sane, or agricultural and wildlife fireworks.

12616. The licensees shall report any theft or loss of fireworks to the State Fire Marshal within 24 hours after the discovery of theft or loss. The report shall show the quantity, type and kind, classification of fireworks and the location where the loss occurred.

12617. In the event of the theft or loss of any fireworks or pyrotechnic devices, the State Fire Marshal shall notify the fire authorities in the location where the theft or loss occurred and the fire authorities shall cooperate with the State Fire Marshal in conducting a joint investigation of the circumstances.

12618. Each bill of lading, manifest, and invoice issued to cover the sale and shipment of fireworks shall bear the license number of both the seller or shipper and buyer or receiver.

12619. All import and export licensees shall file a notice with the State Fire Marshal prior to the arrival of any class of fireworks subject to the license he holds. The notice shall state all of the following:

(a) Estimated date of arrival.

(b) Type, kind, and quantity of fireworks.

(c) Name of carrier.

(d) Point of origin and bill of lading number.

(e) Name and address of consignee.

(f) Load number or other identification carton marks.

12620. In addition to the report required under this part, the State Fire Marshal may by regulation require such additional reports from licensees or permittees as are necessary to carry out the purposes of this part, and prescribe the form, including verification of the information to be given when filing such additional reports.

12640. In any case where this chapter requires that a permit be obtained from the State Fire Marshal, or in any case where the public agency having local jurisdiction requires pursuant to this chapter that a permit be obtained, any licensee shall possess a valid permit before performing any of the following:

(a) Manufacturing, importing, exporting, storing, possessing, or selling dangerous fireworks at wholesale.

(b) Manufacturing, importing, exporting, storing, selling at wholesale and retail safe and sane fireworks and transporting safe and sane fireworks, except that a transportation permit shall not be required for safe and sane fireworks possessed by retail licensees.

(c) Manufacturing, importing, exporting, possessing, storing, transporting, using, selling at wholesale and retail, those fireworks classified by the State Fire Marshal as agricultural and wildlife fireworks.

(d) Manufacturing, importing, exporting, possessing, storing, selling at wholesale and retail, model rocket engines.

(e) Discharging dangerous fireworks at any place, including a public display.

(f) Using special effects.

12641. A permit, as provided in this part, shall not be required of any person to transport, purchase at retail, or use safe and sane fireworks, or to purchase at retail, use, or transport registered emergency signaling devices.

12642. The effective period of the permit shall be defined in the permit and in no case shall the period of the permit exceed the valid period of the license. This section shall not prohibit the revocation of the permit by the issuing authority for just cause where a fire nuisance exists or where personal injury may occur.

12643. Any licensee desiring to do any act specified in Section 12640 shall first make written application for a permit to the chief of the fire department or the chief fire prevention officer of the city or county, or to such other issuing authority which may be designated by the governing body of the city or county. In the event there is no such officer or person appointed within the area, application shall be made to the State Fire Marshal or his deputy. Applications for permits shall be made in writing at least 10 days prior to the proposed act.

12644. The issuing authority shall not accept an application for a permit from any person who does not possess, and present at the time of application, evidence of a valid license to perform those acts specified on the application for the permit. When a license is not required for specific acts, the issuing authority may prescribe such reasonable conditions to qualify the applicant to receive a permit and provide for the public safety.

12645. The officer to whom the application for a permit is made shall undertake an investigation and submit a report of his findings and his recommendation concerning the issuance of the permit, together with his reasons therefor, to the governing body of the city or county. The applicant for a permit to conduct a public display shall file a certificate evidencing the possession of a valid public display license with the officer making the investigation.

12646. The governing body may grant or deny the permit, subject to such reasonable conditions, if any, as it shall prescribe.

12647. The governing body may delegate the power to grant or deny the permit to the issuing authority to whom the application is made. In such case, the governing body shall also provide for a hearing by the governing body by which an applicant may appeal a denial of the permit. The governing body may, after such a hearing, reverse, modify, or sustain the denial.

12651. Any person holding a valid license for the manufacture, wholesale, or import and export of dangerous fireworks or pyrotechnic devices may transport any class of fireworks or pyrotechnic devices authorized by such license. Persons holding a special effects pyrotechnic operators license may transport special effects fireworks, but the transportation of fireworks by all other pyrotechnic operator licensees shall not be permitted. The authority granted to the licensee to transport fireworks is limited to traveling upon the approved routes for the transportation of explosives designated as provided in Section 31616 of the Vehicle Code. The licensee shall also comply with Section 27903 of the Vehicle Code and equip and maintain any vehicle used to transport fireworks as required by Section 31610 of the Vehicle Code. It is the intent of the Legislature by this section to require the maximum use of the approved routes in the delivery of fireworks to the point of destination.

12652. When traveling between the approved routes, as specified in Section 12651, and the point of destination the licensee shall possess a transportation permit from the local fire authority having jurisdiction over the boundaries in which the off-route travel occurs. A transportation permit is not required for public display fireworks as provided in Section 12650.

12653. The application for a transportation permit shall be submitted to the State Fire Marshal for the transportation of any quantity of fireworks where such transportation is outside the boundaries of the issuing authority having jurisdiction at the point of origin or such shipment originates within this state and is transported out of this state. The application for a transportation permit as required by this section shall be approved by the issuing authority having jurisdiction at the place where the shipment originates before the State Fire Marshal shall issue such transportation permit. No further permits shall be required by issuing authorities other than the authority at the point of origin where the State Fire Marshal has issued a permit pursuant to this section.

12654. A transportation permit shall not be required by this part for public carriers or private carriers who each hold a valid license or permit issued pursuant to the provisions of Division 14 (commencing with Section 31600) of the Vehicle Code or Division 11 (commencing with Section 12000) of the Health and Safety Code.

12670. It is unlawful for any person to advertise that he is in any business or venture involving fireworks or pyrotechnic devices or shall cause his name or business name style to be included in any classified advertisement or directory under a classification which includes the word fireworks, unless he is licensed pursuant to this part.

12671. It is unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless the State Fire Marshal has classified and registered such fireworks.

12672. It is unlawful for any person to sell, or offer for sale, safe and sane fireworks at any time outside of the period specified in Section 12599.

12673. It is unlawful for any person to store any fireworks without having in his possession a valid permit as required by this part.

12674. It is unlawful for any person to store or possess any fireworks for which a license is required and which has been revoked or surrendered or any license which has not been renewed and such storage or possession is held beyond the period provided for in Section 12604.

12675. It is unlawful for any person to fail to record on each bill of lading, manifest or invoice issued to cover the sale or shipment of fireworks, the license number of both the seller or shipper and the buyer or receiver, unless the sale or shipment is made to nonlicensees in accordance with the provisions of his license.

12676. It is unlawful for any person to sell, transfer, give, deliver, or otherwise convey title of any dangerous fireworks, including fireworks kits, to any person in this state who does not possess and present to the seller or donor for inspection at the time of transfer, a valid permit to receive, use, or transport dangerous fireworks as provided in this part.

12677. It is unlawful for any person to possess dangerous fireworks without holding a valid permit.

12679. It is unlawful for any person to store, sell, or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other flammable liquids are stored or dispensed.

12680. (a) Except as provided in subdivision (b) or (c), it is unlawful for any person to place, throw, discharge or ignite, or fire dangerous fireworks at or near any person or group of persons where there is a likelihood of injury to that person or group of persons or when the person willfully places, throws, discharges, ignites, or fires the fireworks with the intent of creating chaos, fear, or panic.

(b) Subdivision (a) does not apply to a person described in Section 12517 who uses special effects. For purposes of this subdivision, “special effects” means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which may or may not be presented before live audiences, and any other articles containing any pyrotechnic composition

used for commercial, industrial, educational, recreational, or entertainment purposes when authorized by the authority having jurisdiction.

(c) Subdivision (a) does not apply to a person holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570).

12681. It is unlawful for any person to sell or transfer any safe and sane fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit has been issued.

12682. It is unlawful for any person to allow or permit a fire nuisance, as defined in Section 12510, to exist on any premises where any fireworks are manufactured, sold, assembled, discharged, packaged, stored, or distributed. The authority to determine that a fire nuisance exists shall be vested in those officers identified in Section 12721.

12688. It is unlawful for any person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket engines, unless he possesses a valid license or permit.

12689. (a) It is unlawful for any person to sell, give, or deliver any dangerous fireworks to any person under 18 years of age.

(b) It is unlawful for any person who is a retailer to sell or transfer any safe and sane fireworks to a person who is under 16 years of age.

12690. It is unlawful for any person to perform any act, or transact or attempt to transact any business, with an expired license or an expired permit where a license or permit is required for the performance of such act or transaction.

12691. It is unlawful for any person to violate any provision of any regulation adopted by the State Fire Marshal pursuant to this part.

12720. Any threatened violation of any provision of this part or of any order or regulation of the State Fire Marshal issued pursuant to this part may be enjoined in a civil action brought in the name of the people of the State of California. Such actions may be instituted by the Attorney General or the district attorney of the county in which the act, practice, or transaction is about to be committed.

12721. The State Fire Marshal, his or her salaried deputies, or any chief of a fire department, or his or her authorized representatives, any fire protection agency, or any other public agency authorized by statute to enforce the State Fire Marshal’s regulations, may seize any fireworks described in this part. The State Fire Marshal, any chief of a fire department, any fire protection agency, or any other public agency authorized to enforce the State Fire Marshal’s regulations may charge any person, firm, or corporation, whose fireworks are seized pursuant to this section, an amount which is sufficient to cover the cost of transporting, storing, and handling the seized fireworks. When the State Fire Marshal, other enforcing officer or agency described in this section, or a court determines that a person’s, firm’s, or corporation’s fireworks are illegally or erroneously seized, or if legal proceedings do not result in a conviction for violation of any provision of this part, any funds collected pursuant to this section shall be refunded, or if charged but unpaid, canceled.

12722. The following fireworks may be seized pursuant to Section 12721:

(a) Those fireworks which are sold, offered for sale, possessed, stored, used, or transported within this state prior to having been examined, classified, and registered by the State Fire Marshal, except those specific items designated as samples pending examination, classification, and registration by the State Fire Marshal where the licensee provides documentary evidence that such action by the State Fire Marshal is pending.

(b) All imported fireworks possessed without benefit of the filing of notices as required by this part.

(c) Safe and sane fireworks stored in violation of the conditions required by the permit as provided in this part.

(d) Safe and sane fireworks sold or offered for sale at retail which do not bear the State Fire Marshal label of registration and firing instructions.

(e) Safe and sane fireworks sold or offered for sale at retail which are in unsealed packages or containers which do not bear the State Fire Marshal label of registration and firing instructions.

(f) Safe and sane fireworks sold or offered for sale at retail before 12 noon on the 28th day of June or after 12 noon on the sixth day of July of each year.

(g) Each safe and sane fireworks item sold or offered for sale at retail which does not have its fuse or other igniting device protected by a cap approved by the State Fire Marshal, or groups of fireworks with exposed fuses which are not enclosed in sealed packages which bear the State Fire Marshal label of registration.

The State Fire Marshal shall approve such caps as he determines provide reasonable protection from unintentional ignition of the fireworks.

(h) Dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by any person who does not possess a valid permit authorizing any activity listed in this part.

(i) Any fireworks stored or sold in any public garage or public oil station, or on any premises where gasoline or any other class 1 flammable liquids are stored or dispensed.

(j) Any fireworks still possessed by a person who has just thrown any ignited fireworks at any person or group of persons.

(k) Any model rocket engines or model rockets with engines possessed by any person not holding a valid permit.

(l) Any emergency signaling device sold, offered for sale, or used which does not bear the State Fire Marshal label of registration as required by this part.

(m) Any fireworks or pyrotechnic device offered for sale by any person violating any provision of this part.

12723. The authority seizing any fireworks under the provisions of this chapter shall notify the State Fire Marshal not more than three days following the date of seizure and shall state the reason for the seizure and the quantity, type, and location of the fireworks. Any fireworks, with the exception of dangerous fireworks, seized pursuant to Section 12721 shall be disposed of by the State Fire Marshal in the manner prescribed by the State Fire Marshal at any time subsequent to 60 days from the seizure or 10 days from the final termination of proceedings under the provisions of Section 12593 or Section 12724, whichever is later. Dangerous fireworks shall be disposed of according to procedures in Sections 12724 and 12726. Any fireworks seized by any authority as defined in this chapter, other than the State Fire Marshal or his or her salaried assistants, shall be held in trust for the State Fire Marshal by that authority.

12724. (a) Any person whose fireworks are seized under the provisions of this chapter may, within 10 days after seizure, petition the State Fire Marshal to return the fireworks seized upon the ground that the fireworks were illegally or erroneously seized. Any petition filed pursuant to this section shall be considered by the State Fire Marshal within 15 days after filing or after a hearing granted to the petitioner, if requested. The State Fire Marshal shall advise the petitioner of his or her decision in writing. The determination of the State Fire Marshal is final unless within 60 days after seizure an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the fireworks seized pursuant to this part, except as provided in subdivision (b).

(b) The determination of the State Fire Marshal is final in the case of the seizure of dangerous fireworks, unless within 20 days after the notice of the determination is mailed to the petitioner an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the fireworks seized pursuant to this part.

12726. The dangerous fireworks seized pursuant to this part shall be disposed of by the State Fire Marshal in the manner prescribed by the State Fire Marshal at any time after the final determination of proceedings under Section 12724, or upon final termination of proceedings under Section 12593, whichever is later. If no proceedings are commenced pursuant to Section 12724, the State Fire Marshal may dispose of the fireworks after all of the following requirements are satisfied:

(a) A random sampling of the dangerous fireworks has been taken, as defined by regulations adopted by the State Fire Marshal pursuant to Section 12552.

(b) The analysis of the random sampling has been completed.

(c) Photographs have been taken of the dangerous fireworks to be destroyed.

(d) The State Fire Marshal has given written approval for the destruction of the dangerous fireworks. This approval shall specify the total weight of the dangerous fireworks seized, the total weight of the dangerous fireworks to be destroyed, and the total weight of the dangerous fireworks not to be destroyed.

12-28-101. Definitions.

As used in this article, unless the context otherwise requires:

(1) “Articles pyrotechnic” means pyrotechnic special effects materials and pyrotechnic devices for

professional use that are similar to consumer fireworks in chemical composition and construction but are intended

for theatrical performances and not intended for consumer use. “Articles pyrotechnic” shall also include pyrotechnic

devices meeting the weight limits for consumer fireworks but are not labeled as such and are classified as UN0431

or UN0432 pursuant to 49 CFR 172.101, as amended.

(1.5) “Display fireworks” means large fireworks designed primarily to produce visible or audible effects by

combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than one hundred

thirty milligrams of explosive material, aerial shells containing more than forty grams of pyrotechnic compositions,

and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks as

defined in 16 CFR 1500.1 to 1500.272 and 16 CFR 1507.1 to 1500.12 and are classified as

fireworks UN0333, UN0334, or UN0335 pursuant to 49 CFR 172.101, as amended, and including fused set pieces

containing components that exceed fifty milligrams of salute powder.

(1.7) “Display retailer” means a person, including a manufacturer, who is licensed as a display retailer

under the provisions of section 12-28-104 and who sells, delivers, consigns, gives, or otherwise furnishes display

fireworks or articles pyrotechnic to a person authorized by section 12-28-103 to discharge fireworks in Colorado.

(2) “Exporter” means any person, including a manufacturer, licensed as an exporter under the provisions of

section 12-28-104 and who sells, delivers, consigns, gives, or otherwise furnishes fireworks for export outside

of the state of Colorado.

(3)(a) “Fireworks” means any composition or device designed to produce a visible or audible effect by

combustion, deflagration, or detonation, and that meets the definition of articles pyrotechnic, permissible

fireworks, or display fireworks.

(b) “Fireworks” does not include:

(I) Toy caps, party poppers, and items similar to toy caps and party poppers that do not contain

more than sixteen milligrams of pyrotechnic composition per item and snappers that do not contain more than one

milligram of explosive composition per item;

(II) Highway flares, railroad fusees, ship distress signals, smoke candles, and other emergency

signal devices;

(III) Educational rockets and toy propellant device type engines used in such rockets when such

rockets are of nonmetallic construction and utilize replaceable engines or model cartridges containing less than two

ounces of propellant and when such engines or model cartridges are designed to be ignited by electrical means;

(IV) Fireworks which are used in testing or research by a licensed explosives laboratory.

(3.5) “Fireworks display operator” includes an individual who, by experience and training, has

demonstrated the required skill and ability to safely set up and discharge display fireworks.

(4) “Fund” means the fireworks licensing cash fund created in section 12-28-104 (6) (b).

(5) “Governing body” means:

(a) The city council, town council, board of trustees, or other governing body of any city or town, as to the

area within the corporate limits of such city or town;

(b) The board of directors of any fire protection district organized pursuant to part 1 of article 1 of title 32,

C.R.S., as to the area within the boundaries of such fire protection district; and

(c) The board of county commissioners as to the area within a county outside the corporate limits of any

city or town or the boundaries of any fire protection district.

(6) “Local authority” means the duly authorized fire department, police department, or sheriff’s department

of a local jurisdiction.

(7) “Manufacturer” means any person who manufactures, makes, constructs, or produces fireworks.

(8)(a) “Permissible fireworks” means the following small fireworks devices designed to produce audible or

visual effects by combustion, complying with the requirements of the United States consumer product safety

commission as set forth in 16 CFR 1500.1 to 1500.272 and 1507.1 to 1507.12, and classified as consumer

fireworks UN0336 and UN0337 pursuant to 49 CFR 172.101:

(I) Cylindrical fountains, total pyrotechnic composition not to exceed seventy five grams each for

a single tube or, when more than one tube is mounted on a common base, a total pyrotechnic composition of no

more than two hundred grams;

(II) Cone fountains, total pyrotechnic composition not to exceed fifty grams each for a single cone

or, when more than one cone is mounted on a common base, a total pyrotechnic composition of no more than two

hundred grams;

(III) Wheels, total pyrotechnic composition not to exceed sixty grams for each driver unit or two

hundred grams for each complete wheel;

(IV) Ground spinner, a small device containing not more than twenty grams of pyrotechnic

composition venting out of an orifice usually in the side of the tube, similar in operation to a wheel, but intended to

be placed flat on the ground;

(V) Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed

two hundred grams each;

(VI) Dipped sticks and sparklers, the total pyrotechnic composition of which does not exceed one

hundred grams, of which the composition of any chlorate or perchlorate shall not exceed five grams;

(VII) Any of the following that do not contain more than fifty milligrams of explosive

composition:

(A) Explosive auto alarms;

(B) Toy propellant devices;

(C) Cigarette loads;

(D) Strike on box matches; or

(E) Other trick noise makers;

(VIII) Snake or glow worm pressed pellets of not more than two grams of pyrotechnic

composition and packaged in retail packages of not more than twenty five units;

(IX) Fireworks that are used exclusively for testing or research by a licensed explosives

laboratory;

(X) Multiple tube devices with:

(A) Each tube individually attached to a wood or plastic base;

(B) The tubes separated from each other on the base by a distance of at least one half of one inch;

(C) The effect limited to a shower of sparks to a height of no more than fifteen feet above the

ground:

(D) Only one external fuse that causes all of the tubes to function in sequence; and

(E) A total pyrotechnic composition of no more than five hundred grams.

(b) “Permissible fireworks” do not include aerial devices or audible ground devices, including, but not

limited to, firecrackers.

(9) “Person” includes an individual, partnership, firm, company, association, corporation, or governmental

entity.

(9.5) “Pyrotechnic operator” includes an individual who, by experience and training, has demonstrated the

required skill and ability to safely set up and discharge articles of pyrotechnics.

(10) “Retailer” means any person who sells, delivers, consigns, or furnishes permissible fireworks to

another person not for resale.

(11) “Storage” means the possession of fireworks for safe custody, where the safekeeping is the principal

object of deposit, and not the consumption or sale.

(12) “Wholesaler” means any person, including a manufacturer, who is licensed as a wholesaler under

section 12-28-104 and who sells, delivers, consigns, gives, or otherwise furnishes permissible fireworks to a retailer

for resale in Colorado.

12-28-102. Unlawful use or sale of fireworks exceptions.

(1) Except as provided for in subsection (6) of this section, it shall be unlawful for any person to knowingly

furnish to any person who is under sixteen years of age, by gift, sale, or any other means, any fireworks, including

those defined as permissible fireworks in section 12-28-101 (8).

(2) Except as provided for in subsection (6) of this section, it shall be unlawful for any person who is under

sixteen years of age to purchase any fireworks, including those defined as permissible fireworks in section 12-28–

101 (8).

(3) Nothing in this section shall be construed to prohibit any statutory or home rule municipality from

enacting any ordinance which prohibits a person under sixteen years of age from purchasing any fireworks,

including those defined as permissible fireworks in section 12-28-101 (8).

(4) Any person who sells or offers to sell any fireworks, including those defined as permissible fireworks in

section 12-28-101 (8), shall display a warning sign, as specified in this subsection (4). Said warning sign shall be

displayed in a prominent place on the premises at all times, shall have a minimum height of eight and one half

inches and a minimum width of eleven inches, and shall read as follows:

WARNING

IT IS ILLEGAL FOR ANY PERSON UNDER SIXTEEN YEARS OF AGE TO PURCHASE ANY FIREWORKS.

VIOLATORS MAY BE PUNISHED BY A FINE OF UP TO $750.00, BY IMPRISONMENT FOR UP TO SIX

MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.

(5) Except as provided in this section and in section 12-28-103, it shall be unlawful for any person to

possess or discharge any fireworks, other than permissible fireworks, anywhere in this state.

(6) At all times that it is lawful for any person over the age of sixteen years to possess and discharge

permissible fireworks, it shall also be lawful for a person under the age of sixteen years to possess and discharge

permissible fireworks, if such person is under adult supervision.

(7)(a) Except as provided in this section, it shall be unlawful for any person who is not licensed as a retailer

under this article, in retail transactions with the public, to offer for sale, expose for sale, sell, or have in such person’s

possession with the intent to offer for sale any permissible fireworks.

(8)(a) Except as provided in this section, it shall be unlawful for any person who is not licensed as a display

retailer, wholesaler, or exporter under this article, in transactions other than retail transactions with the public, to

offer for sale, expose for sale, sell, or have in such person’s possession with the intent to offer for sale any

fireworks including permissible fireworks.

(9) Nothing in this article shall prevent or regulate:

(a) The use of fireworks by railroads or other transportation agencies for signal purposes or illumination;

(b) The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics

or sports, or for use by military organizations;

(c) The sale, purchase, possession, or use of fireworks distributed by the division of wildlife for agricultural

purposes under conditions approved by said division; or

(d) The sale, delivery, consignment, gift, or furnishing of fireworks among display retailers, wholesalers, or

exporters licensed under this article.

12-28-103. 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 fairgrounds 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 NFPA1123, code for the outdoor display of fireworks or NFPA1126, standard for the use of pyrotechnics

before a proximate audience.

12-28-104. Licensing creation of fireworks licensing cash fund.

(1) No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks

for retail until that person first obtains a retailer of fireworks license from the director of the division of fire safety

within the department of public safety and the permit, if any, required by section 12-28-103 (1). Such retailer’s

license shall be good only for the calendar year in which it is issued, shall apply to only one retail

location, and shall at all times be displayed at the place of business of such licensed retailer.

(2) No person shall sell, deliver, consign, give, or furnish fireworks to a person authorized by section 12-

28-103 to discharge fireworks in Colorado until that person first obtains a display retailer of fireworks

license from the director of the division of fire safety within the department of public safety within the department of

public safety and the permit, if any, required by section 12-28-103 (1).

(3) No person shall sell, deliver, consign, give, or furnish permissible fireworks to a retailer for resale in

Colorado until that person first obtains a wholesaler of fireworks license from the director of the division of

fire safety within the department of public safety and the permit, if any, required by section 12-28-103 (1).

(4) No person shall sell, deliver, consign, give, or furnish fireworks for export outside of Colorado until that

person first obtains an exporter of fireworks license from the director of the division of fire safety within the

department of public safety and the permit, if any, required by section 12-28-103 (1).

(5) Applications for each display, retail, wholesale, and export license shall be filed with the director of the

division of fire safety within the department of public safety at least thirty days before the start of activities for

which the license is required. Each such license shall be valid through September 1 of the year following

the date on which the license was issued.

(6)(a) All fees pursuant to this article shall be collected by the director of the division of fire safety within

the department of public safety.

(b) All moneys received by the director pursuant to the administration of this article and all interest

earned on the moneys shall be deposited in the state treasury in the fireworks licensing cash fund, which fund is

hereby created, and the moneys shall be used, subject to annual appropriations by the general assembly, for the

purposes set forth in this article, and shall not be deposited in or transferred to the general fund of the state of

Colorado or any other fund.

(c) (I) The executive director of the department of public safety shall set fees pursuant to this article at

such rates as are necessary to provide for the direct and indirect costs and expenses of the department of public

safety in the administration of this article; except that the fee for a:

(A) Retailer of fireworks license shall not exceed twentyfive dollars;

(B) Display retailer of fireworks license, a wholesaler of fireworks license, or an exporter of

fireworks license shall not exceed seven hundred fifty dollars; and

(II) Such rates shall be reviewed annually by the executive director of the department of public

safety.

(7) The executive director of the department of public safety shall promulgate rules to implement the

provisions of this article. Such rules may include requirements for the certification of fireworks display operators

and pyrotechnic operators, and any other requirements that are reasonably necessary for the safety of workers and

the public and the protection of property. The procedure for the promulgation of such rules shall

be in accordance with the provisions of section 24-4103, C.R.S.

(8) Any person aggrieved by a decision or order of the director of the department of public safety may seek

judicial review pursuant to the provisions of section 24-4106, C.R.S.

(10) This section shall take effect July 15, 1991.

12-28-105. Importation of fireworks duties of licensees – retention of invoices for inspection.

(1) It shall be unlawful for any person not licensed as a display retailer, wholesaler, or exporter under the

provisions of section 12-28-104 to bring any fireworks including permissible fireworks into this state. Retail

purchasers shall not purchase fireworks by mail order or receive any fireworks in Colorado by mail, parcel service,

or other carrier. All fireworks sales and deliveries to retail purchasers in Colorado shall be made in

Colorado and shall be conducted only by persons licensed pursuant to this article.

(2) It shall be unlawful for any retailer to sell, offer for sale, expose for sale, or possess with intent to sell

any permissible fireworks in this state which have not been purchased from a wholesaler licensed under the

provisions of section 12-28-104.

(3) It shall be unlawful for a person to conduct any fireworks display or pyrotechnic special effects

performance using fireworks that have not been purchased from a display retailer licensed under the

provisions of section 12-28-104.

(4) Any retailer licensed under the provisions of section 12-28-104 (1), and any person who discharges

fireworks pursuant to section 12-28-103 (2) or (3), shall keep available, for inspection by local authorities, a copy of

each invoice for fireworks purchased as long as any fireworks included on such invoice are held in such person’s

possession. Such invoice shall show the license number of the wholesaler or display retailer from whom such

fireworks were purchased.

(5) This section shall take effect July 15, 1991.

12-28-106. Exportation of fireworks.

(1) It shall be unlawful to export fireworks, other than permissible fireworks, from the state of Colorado,

unless such fireworks are transported in accordance with the regulations of the United States department of

transportation regulating the transportation of explosives, fireworks, and other dangerous articles by motor, rail, air,

and water and the exporter obtains a signed bill of lading from each person transporting such fireworks, which shall

show the quantity and types of fireworks transported and the recipient’s full legal name and address.

(2) The exporter may transport such fireworks by common carrier or by the exporter’s vehicle; except that

the sale of such fireworks for transport in the purchaser’s vehicle is unlawful unless:

(a) The exporter requires the purchaser to display a valid motor vehicle driver’s license issued by a state

other than the state of Colorado and records the number and state of issue of such driver’s license on the bill of

lading pertaining to such sale, and further requires the purchaser to display a valid motor vehicle registration

showing that the purchaser owns a motor vehicle licensed in a state other than the state of Colorado, which license

plate number and state of issue shall be recorded on the bill of lading pertaining to such sale; or

(b) The exporter requires the purchaser to display a valid motor vehicle driver’s license issued by the state

of Colorado and records the number and state of issue of such driver’s license on the bill of lading pertaining to such

sale, and further requires the purchaser to furnish a valid wholesale or retail license number or resale license number

issued by the governing body of a state or local authority located outside of the state of Colorado,

which number and state of issue shall be recorded on the bill of lading pertaining to such sale.

(3) The bills of lading required by this section shall be retained by the exporter for a period of three years

from the date of such sale.

12-28-107. Regulation by municipalities and counties.

(1) This article shall not be construed to prohibit the imposition by municipal ordinance of further

regulations and prohibitions upon the sale, use, and possession of fireworks, including permissible fireworks, within

the corporate limits of any city or town, but no such city or town shall permit or authorize the sale, use, or

possession of any fireworks in violation of this article.

(2) This article shall not be construed to prohibit the imposition by county ordinance of further regulations

and prohibitions upon the sale, use, and possession of fireworks, including permissible fireworks, within all or any

part of the unincorporated areas of a county, but no county shall permit or authorize the sale, use or possession of

any fireworks in violation of this article.

12-28-108. Storage of fireworks.

All storage of fireworks shall be in accordance with the building and fire codes adopted by the governing

body.

12-28-109. Seizure of fireworks.

The local authorities shall seize, take, and remove, at the expense of the owner, all stocks of fireworks,

including permissible fireworks, offered or exposed for sale, stored, or held in violation of this article.

12-28-110. Violations penalty.

Any person who violates any provision of this article commits a class 3 misdemeanor and shall be

punished as provided in section 181.3501, C.R.S.

12-28-111. Denial, suspension, or revocation of or refusal to renew license.

(1) The executive director of the department of public safety may deny, suspend, revoke, or refuse to renew

any license issued or applied for under the provisions of this article for any of the following reasons:

(a) Violations of any of the provisions of this article;

(b) A conviction of any felony, but subject to the provisions of section 24-5101, C.R.S.;

(c) A conviction pursuant to section 12-28-110;

(d) Any material misstatement, misrepresentation, or fraud in obtaining a license.

(2) Such revocation or suspension proceedings shall be brought by the Colorado executive director of the

department of public safety pursuant to the provisions of the “State Administrative Procedure Act”, article 4 of title

24, C.R.S.

Sec. 29-356. Definitions.

As used in sections 29-356 to 29-365, inclusive:

(1) “Fireworks” means and includes any combustible or explosive composition, or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term “fireworks” shall not include sparklers and fountains and toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the regulations of the United States Interstate Commerce Commission or its successor agency for packing and shipping of toy paper caps are used and toy pistol paper caps manufactured as provided therein.

(2) “Sparklers” means a wire or stick coated with pyrotechnic composition that produces a shower of sparks upon ignition.

(3) “Fountain” means any cardboard or heavy paper cone or cylindrical tube containing pyrotechnic mixture that upon ignition produces a shower of colored sparks or smoke. “Fountain” includes, but is not limited to, (A) a spike fountain, which provides a spike for insertion into the ground, (B) a base fountain which has a wooden or plastic base for placing on the ground, or (C) a handle fountain which is a handheld device with a wooden or cardboard handle.

Sec. 29-357. Sale, use and possession of fireworks prohibited. Sale, use and possession of certain sparklers or fountains permitted. Permits for display. Variations or exemptions. Penalty.

(a) Except as provided in subsection (b) of this section, no person, firm or corporation shall offer for sale, expose for sale, sell at retail or use or explode or possess with intent to sell, use or explode any fireworks. A person who is sixteen years of age or older may offer for sale, expose for sale, sell at retail, purchase, use or possess with intent to sell or use sparklers or fountains of not more than one hundred grams of pyrotechnic mixture per item, which are nonexplosive and nonaerial, provided (1) such sparklers and fountains do not contain magnesium, except for magnalium or magnesium-aluminum alloy, (2) such sparklers and fountains containing any chlorate or perchlorate salts do not exceed five grams of composition per item, and (3) when more than one fountain is mounted on a common base, the total pyrotechnic composition does not exceed two hundred grams. (b) The State Fire Marshal shall adopt reasonable regulations, in accordance with chapter 54, for the granting of permits for supervised displays of fireworks or for the indoor use of pyrotechnics, sparklers and fountains for special effects by municipalities, fair associations, amusement parks, other organizations or groups of individuals or artisans in pursuit of their trade. Such permit may be issued upon application to said State Fire Marshal and after (1) inspection of the site of such display or use by the local fire marshal to determine compliance with the requirements of such regulations, (2) approval of the chiefs of the police and fire departments, or, if there is no police or fire department, of the first selectman, of the municipality wherein the display is to be held as is provided in this section, and (3) the filing of a bond by the applicant as provided in section 29-358. No such display shall be handled or fired by any person until such person has been granted a certificate of competency by the State Fire Marshal, in respect to which a fee of two hundred dollars shall be payable to the State Treasurer when issued and which may be renewed every three years upon payment of a fee of one hundred ninety dollars to the State Treasurer, provided such certificate may be suspended or revoked by said marshal at any time for cause. Such certificate of competency shall attest to the fact that such operator is competent to fire a display. Such display shall be of such a character and so located, discharged or fired as in the opinion of the chiefs of the police and fire departments or such selectman, after proper inspection, will not be hazardous to property or endanger any person or persons. In an aerial bomb, no salute, report or maroon may be used that is composed of a formula of chlorate of potash, sulphur, black needle antimony and dark aluminum. Formulas that may be used in a salute, report or maroon are as follows: (A) Perchlorate of potash, black needle antimony and dark aluminum, and (B) perchlorate of potash, dark aluminum and sulphur. No high explosive such as dynamite, fulminate of mercury or other stimulator for detonating shall be used in any aerial bomb or other pyrotechnics. Application for permits shall be made in writing at least fifteen days prior to the date of display, on such notice as the State Fire Marshal by regulation prescribes, on forms furnished by him, and a fee of one hundred dollars shall be payable to the State Treasurer with each such application. After such permit has been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Any permit issued under the

provisions of this section may be suspended or revoked by the State Fire Marshal or the local fire marshal for violation by the permittee of any provision of the general statutes, any regulation or any ordinance relating to fireworks. (c) The State Fire Marshal may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of subsection (b) of this section where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the State Fire Marshal, secure the public safety and shall be made in writing. (d) Any person, firm or corporation violating the provisions of this section shall be fined not more than one hundred dollars or imprisoned not more than ninety days or be both fined and imprisoned, except that (1) any person, firm or corporation violating the provisions of subsection (a) of this section by offering for sale, exposing for sale or selling at retail or possessing with intent to sell any fireworks with a value exceeding ten thousand dollars shall be guilty of a class A misdemeanor, and (2) any person, firm or corporation violating any provision of subsection (b) of this section or any regulation adopted thereunder shall be guilty of a class A misdemeanor, except if death or injury results from any such violation, such person, firm or corporation shall be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

Sec. 29-358. Bond.

The chief executive authority of the municipality shall require a bond of one thousand dollars from the applicant for such permit conditioned on compliance with the provisions of section 29-357, provided no municipality shall be required to file such bond.

Sec. 29-361. Exceptions.

Nothing in sections 29-356 to 29-366, inclusive, shall be construed to prohibit the sale by any resident manufacturer, wholesaler, dealer or jobber, at wholesale, of such fireworks as are not herein prohibited, or the sale of any kind of fireworks, provided the same are to be shipped directly out of state, in accordance with United States Department of Transportation regulations covering the transportation of explosives and other dangerous articles by motor, rail and water; or the possession, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, or of illuminating devices for photographic use, or of illuminating torches for parades or ceremonial events, nor shall the provisions of said sections apply to the military or naval forces of the United States or the armed forces of the state, or to peace officers in the performance of their official duties, nor prohibit the sale or use of blank cartridges for ceremonial, theatrical or athletic events or for training dogs, or the use of fireworks solely for the agricultural purposes under conditions approved by the local or State Fire Marshal.

Sec. 29-362. Seizure and destruction of fireworks.

The State Fire Marshal or a local fire marshal shall seize, take, store, remove or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, held or kept in violation of sections 29-356 to 29-366, inclusive. When any fireworks have been seized, the superior court having jurisdiction, shall expeditiously cause to be left at the place where such fireworks were seized, if such place is a dwelling house, store, shop or other building, and also to be left with or at the usual place of abode of the person named therein as the owner or keeper of such fireworks, a summons notifying him or her and all others whom it may concern to appear before such court, at a place and time named in such notice, which time shall be not less than six nor more than twelve days after the posting and service thereof, then and there to show cause, if any, why such fireworks should not be adjudged a nuisance. Such summons shall describe such articles with reasonable certainty, and state when and where the same were seized. If any person named in such summons or any person claiming any interest in the same appears, he or she shall be made a party defendant in such case. The informing officer or the complainants may appear and prosecute such complaint and, if the court finds the allegations of such complaint to be true and that such fireworks or any of them have been kept in violation of any provision of sections 29-356 to 29-366, inclusive, judgment shall be rendered that such articles are a nuisance, and execution shall issue that the same be destroyed together with the crates, boxes or vessels containing the same. The court shall not require storage of the fireworks pending final disposition of the case and shall order the fireworks to be destroyed upon their being inventoried, photographed and described in a sworn affidavit. Such inventory, photograph, description and sworn affidavit shall be sufficient evidence for the purposes of identification of the seized items at any subsequent court proceeding.

Sec. 29-363. Expense of transportation and storage of seized fireworks.

In any proceeding under section 29-362, if the judgment is against one defendant only, he shall pay the expense of the transportation and storage incurred in the seizure and detention of the fireworks claimed by him; but if the judgment is against more than one defendant, claiming distinct interests in such fireworks, such expense shall be apportioned among them by the court, and execution on such judgment may be issued against the accused. If judgment is rendered that such fireworks do not constitute a nuisance, the court shall issue a warrant to some proper officer, directing him to restore such fireworks, with the containers thereof, to the place where they were seized, as nearly as possible, or to the person entitled to receive them. All such proceedings shall be proceedings in rem and may be issued and served at any time and shall be conducted as civil actions, and the defendant shall have the same right of appeal.

Sec. 29-364. Licenses. Denial, suspension or revocation.

No person, firm or corporation may engage in the business of manufacturer, wholesaler, dealer or jobber of fireworks, under the provisions of section 29-361, until such manufacturer, wholesaler, dealer or jobber has received a license therefor for each location where the business is to be conducted. All licenses shall be issued upon receipt of the application therefor upon license forms provided by the State Fire Marshal, which forms shall include such information as said marshal requires. The State Fire Marshal shall prescribe the number of copies of each license form to be executed and the distribution of such copies. No license shall be issued until the location has been inspected by the licensing authority and unless reasonable precautions have been taken to eliminate hazards to life and property. All licenses issued under the provisions of this section shall be used only by the person, firm or corporation to whom they are issued and shall not be transferable. The State Fire Marshal may refuse to issue such a license if the State Fire Marshal determines that the applicant has previously been convicted of a felony or misdemeanor as a result of a violation of any provision of state or federal law relating to the use, transport, sale, manufacture, storage or possession of explosives, fireworks, explosive devices, illegal drugs or controlled substances. Any license issued under the provisions of this section may be suspended or revoked by the licensing authority, after notice and opportunity for hearing, for any violation by the licensee of any provision of the general statutes or any regulation or ordinance relating to fireworks or conviction of such licensee of any felony or misdemeanor as a result of a violation of any provision of state or federal law relating to the use, transport, sale, manufacture, storage, or possession of explosives, fireworks, explosive devices, illegal drugs or controlled substances. Sec. 29-365. License fees.

The fee to be paid to the licensing authority upon each application shall be as follows: For a fireworks manufacturing license, two hundred dollars; for a dealer, wholesaler and jobber, two hundred dollars. Fees collected by the State Fire Marshal shall be paid to the State Treasurer.

Sec. 29-366. Penalty.

Any person, firm or corporation violating the provisions of sections 29-358 to 29-365, inclusive, shall be fined not more than one hundred dollars or imprisoned not more than ninety days or be both fined and imprisoned.

6901. SELLING OR POSSESSING FIREWORKS

No person shall store, sell, offer or expose for sale, or have in possession with intent to sell or to use, discharge or cause to be discharged, ignited, fired or otherwise set in action within this State, any fireworks, firecrackers, rockets, sparklers, torpedoes, Roman candles, fire balloons or other fireworks or substances of any combination whatsoever designed or intended for pyrotechnic display except after having obtained a permit as provided in S. 6903 of the title and also except as provided in S. 6906 of this title. This section shall not apply to any person established and manufacturing fireworks of any or all kinds in this State on September 5, 1939.

The term “fireworks” as used in this chapter, shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any caps or tablets or other device containing any explosive substance, except that the term “fireworks” shall not include toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission regulations for packing and shipping of toy paper caps are used and toy pistol paper caps manufactured as provided therein, the sale and use of which shall be permitted at all times.

6904. CONFISCATION OF ILLEGALLY STORED FIREWORKS OR EXPLOSIVES

The State Fire Marshal shall confiscate all fireworks or explosives illegally stored within the State.

6905. PENALTIES; JURISDICTION

(a) Whoever violates this chapter shall be fined not less than $25.00 nor more than $100.00.

(b) Justices of the Peace shall have jurisdiction of any violation of this chapter.

CHAPTER 33H EXPLOSIVES AND FIREWORKS

SECTION F-3309H FIREWORKS

F-3309.1 General

F-3309.1.1 Scope.

The manufacture of fireworks is prohibited in the District of Columbia. The display, sale or discharge of fireworks shall comply with the requirements of this article.

F-3309.1.1.1 Prohibited Fireworks.

The manufacture, possession, storage, display, sale, setting off, or discharge of any fireworks listed below is prohibited in the District of Columbia:

1. Firecrackers of any kind or description;

2. Any fireworks that explodes, such as cherry bombs, salutes, roman candles, floral shells, artillery shells;

3. Any firework intended to move after the piece is placed and fired; such as bottle rockets, parachutes, buzzbombs, pinwheels, helicopters, jumping jacks;

4. Sparklers more than 20 inches (508 mm) in length;

5. Any firework that contains mercury, arsenic tetryl, phosphorous, sulphocyanide, mercury, magnesium, potassium picrate, gallic acid, chlorate compounds, gunpowder, sulphur, chlorate or potash and sugar, or any highly oxidizing agent;

6. Any firework having a side fuse, or a fuse inserted at any point along the length of the firework; and

7. Any firework found by the Fire Chief to be dangerous to the safety of any person or property.

F-3309.1.1.2 Permitted Fireworks.

The following fireworks are permitted to be stored, displayed, sold, delivered, used and possessed in accordance with the provisions of this article:

1. Any firework specifically excepted in this article;

2. Toy paper caps containing not more than twenty-five hundredths (0.25) of a grain of explosive composition per cap;

3. Sparklers not more than 20 inches (508 mm) in length;

4. Torches;

5. Box fire;

6. Fountains;

7. Cones;

8. Non-poisonous snakes;

9. Paper novelty items;

10. Colored lights; and

11. Any other fireworks tested by an approved agency or organization and approved by the code official.

F-3309.1.1.3 Labeling.

Each standard retail package or retail item of fireworks stored, kept for sale, sold, or delivered by any person engaged in the business of selling fireworks shall be labeled or marked with the name of the manufacturer, the number and type of the firework, and directions of use.

F-3309.2 Limitations and Requirements for Permitted Fireworks

F-3309.2.1 Prohibitions.

No person shall manufacture, process, package, repackage, store, keep for sale, display, sell or deliver any of the following in the District of Columbia:

1. Any firework which emits flame or sparks to a distance greater than 12 feet (3658 mm);

2. Any imitation or actual firework which resembles a firecracker or cherry bomb;

3. Any firework that has a fuse which is not individually protected by a protective cap or seal approved by the Fire Chief or the designated agent of the Fire Chief; or

4. Any cylindrical tube firework that has a clay choke or other restrictive device which may delay the escape of gases.

F-3309.2.2 Cylindrical Tube Fireworks.

Cylindrical tube fireworks that comply with the following requirements are permitted to be sold or offered for sale in the District of Columbia:

1. The top surface of the composition load shall be flat (parallel to the plane of the tube end);

2. The space between the top surface and the open end of the tube shall be equal in all diameters to the maximum inside diameter of the tube, without restrictions of any kind;

3. Between the lower end of the composition load and the base of the tube there shall be a solid clay plug with a minimum length of 1 inch (25 mm);

4. The plug shall be formed of clay moistened with oil, dextrine, or other material suitable to give uniform hardness and strength and to ensure positive adhesion to the inside of the tube;

5. There shall be no void between the end of the composition load and the clay plug, or between the clay plug and the handle or spike;

6. The specifications for the manufacture of the firework shall require the clay plug to be loaded into the tube in not less than four (4) increments, each separately loaded and separately pressed;

7. Handles or spikes shall be inserted into the tube a minimum distance of 2 inches (51 mm) or 25 percent of the tube length in tubes less than 5 inches (152 mm) long; and

8. The spike or handle shall be firmly attached to the clay base and to the sides of the tube.

F-3309.3 Application for License to Sell Fireworks

F-3309.3.1 License Approvals Required.

No license shall be issued to any person to engage in the business of selling any fireworks, either at wholesale or at retail, until the application for that license has been approved by the Department of Consumer and Regulatory Affairs.

F-3309.3.2 Appointment of Attorney.

In the application for any license under this section, the applicant shall appoint the Mayor as the applicant’s true and lawful attorney upon whom may be served any judicial and other processes or legal notices directed to the applicant in any action or proceeding against the applicant growing out of his or her agreement that any process or notice which is so served shall be of the same legal force and validity as if served personally in the District.

F-3309.3.2.1 Process under Subsection F-3309.3.2.

No process or notice shall be served under the provisions of Subsection F-3309.3.2 upon an individual residing in the District of Columbia or upon any domestic corporation under the District of Columbia Business Corporation Act (D.C. Code, Title 29, Chapter 9), or upon any foreign corporation having a registered agent in the District of Columbia under the provisions of that Act.

F-3309.3.2.2 Conditions for Subsection F-3309.3.2.

The provisions of Subsection F-3309.3.2 shall not be operative unless and until all the following have occurred:

1. At least one (1) bona fide effort has been made to serve the process or notice in a manner otherwise provided by law; and

2. The initial effort to serve the process or notice has proved unsuccessful and a notarized statement to that effect is presented to the Mayor at the time of service of process or notice to the Mayor, together with the payment of the fee required under Subsection F-3309.3.2.3.

F-3309.3.2.3 Fee Under Subsection F-3309.3.2.1.

A fee of $2.00 shall be paid for each process or notice sought to be served on a licensee under Subsection F-3309.3.2.

F-3309.3.2.4 Forwarding of Process or Notice.

Upon payment of the fee required by Subsection F-3309.3.2.3, the Mayor shall forward the process or notice by registered or certified mail return receipt requested, to the licensee at the address given by the licensee on the application for a license.

F-3309.4 License to Sell Fireworks: Wholesale

F-3309.4.1 Wholesale License Required.

No person shall engage in the business of selling or offering to sell at wholesale in the District of Columbia any of the permitted fireworks described in Subsection F-3309.1.1.2 without first securing a wholesaler’s license to sell fireworks from the Department of Consumer and Regulatory Affairs.

F-3309.4.2 Minimum Age.

No individual shall be issued a wholesaler’s license unless the applicant has passed his or her twenty-first (21st) birthday.

F-3309.4.3 Deadline for applications.

All applications for a wholesale license to sell fireworks shall be submitted to the Department of Consumer and Regulatory Affairs no later than May 25 for the sale of fireworks during the same calendar year. This license must be renewed annually.

F-3309.4.4 License conditions.

All wholesale license applicants shall:

1. Maintain for the period of the license issued to him or her a depot or warehouse in the District of Columbia in which all fireworks shall be kept for inspection by the Fire Chief prior to shipment to any retail licensee, for a period of at least twenty-four (24) hours from June 20 through July 5, inclusive and for a period of a least three (3) business days at all other times; or

2. Submit to inspection of the entire contents of each wholesale shipment, at a site to be determined by the Fire Chief, prior to distribution to any retail licensee.

F-3309.4.5 Warehouse inspections.

Each wholesale licensee applicant who maintains a warehouse or depot in the District of Columbia shall notify the Fire Chief of each shipment received or deposited at the warehouse or depot. Said notice shall be furnished not less than three (3) business days before the date on which the fireworks are delivered to any retail licensee.

F-3309.4.6 Non-warehouse inspections.

Each wholesale licensee applicant who does not maintain a warehouse or depot in the District of Columbia is required to provide advance notice of at least three (3) business days to schedule appointments for inspection. All inspections shall be conducted by appointment only, during hours to be determined by the Fire Chief and at a site to be provided by the District of Columbia, except that from June 28 through July 4, inclusive, wholesale licensee applicants shall provide advance notice of at least 24 hours. Inspections will be scheduled between the hours of 10:00 am and 2:00 pm.

F-3309.4.6.1 No storage of fireworks on site.

The site provided by the District of Columbia for inspections shall not be used to store, sell or distribute fireworks. Fireworks shall be removed from the inspection site immediately following completion of the inspection.

F-3309.4.6.2 Inclement weather.

Inspections may be conducted outside. In an event of inclement weather, the applicant has the option to either rescheduling the inspection for a later date or providing, at his or her own expense, a tarp or other means of protection for the fireworks during such inspection.

F-3309.4.6.3 Unloading and Reloading of Fireworks.

It is the applicant’s responsibility to provide sufficient labor to unload and reload each fireworks shipment, as shall be required for inspection. The inspectors shall not participate in unloading or reloading fireworks.

F-3309.4.6.4 Voucher issued.

After the fireworks have been inspected and approved, the Fire Chief shall issue to the wholesale licensee a voucher, which shall be carried on the vehicle used to transport wholesale fireworks at all times.

F-3309.4.7 Overnight storage.

No wholesale fireworks shall be stored overnight in the District of Columbia except in a warehouse, depot or other facility pursuant to a permit issued by the Department of Consumer and Regulatory Affairs for such purposes. For the purposes of this section, overnight shall be defined as the hours between 8:00 p.m. to 5:00 a.m. All wholesale fireworks that are not stored in an approved location are required to be removed from the jurisdiction.

F-3309.4.8 Restrictions on deliveries.

No wholesale licensee shall make deliveries to retail sale location during rush hour. For the purposes of this section, rush hour shall be defined as the hours between 6:30 a.m. and 9:30 a.m. and between 3:30 p.m. and 6:30 p.m. daily, except Saturdays, Sundays and legal holidays.

F-3309.4.9 Vehicle standards.

In the interest of public safety, all vehicles transporting wholesale fireworks shall meet the following standards.

1. All vehicles used to transport or distribute wholesale fireworks shall be placarded to indicate their contents;

2. A 2A20 BC fire extinguisher shall be carried in the cab of each vehicle;

3. Tractor-trailer trucks in excess of twenty (20) feet in length and straight trucks in excess of eighteen (18) feet in length shall not be used to transport wholesale fireworks within the District of Columbia.

F-3309.4.10 Wholesaler’s records.

Each wholesaler licensee shall maintain full and complete records of all purchases and sales of fireworks. The Fire Chief is authorized to examine the books and records of any wholesale licensee with respect to purchases and sales of fireworks.

F-3309.4.11 Other fireworks prohibited.

No person licensed under this section shall store, keep for sale, deliver, or display any fireworks other than those authorized by the article.

F-3309.4.12 Sample required.

Persons engaged in the business of selling or offering to sell fireworks at wholesale shall submit to the Fire Chief at least three (3) samples of each firework proposed to be sold or delivered by the wholesaler, together with complete specifications and a chemical analysis for each firework. These samples shall be submitted to the Office of the Fire Marshal no later than February first of each year.

F-3309.5 License to Sell Fireworks. Retail

F-3309.5.1 Retail License Required.

No person shall engage in the business of selling or offering to sell at retail in the District of Columbia any of the fireworks described in Subsection F-3309.1.1.2 without first securing a fireworks retailer’s license from the Department of Consumer and Regulatory Affairs.

F-3309.5.2 Sale From Fixed Locations.

Retailer’s licenses will be issued to persons for the sale of fireworks only from a fixed location.

F-3309.5.3 Retail Sale of Fireworks.

All fireworks for retail sale in the District of Columbia shall be purchased in the District of Columbia from a licensed fireworks wholesaler.

F-3309.5.4 Retailer’s Records.

Each retail licensee shall maintain full and complete records of all purchases of fireworks.

F-3309.5.5 Permit Required.

Each retailer shall obtain a permit from the Fire Chief to ensure the proper storage of fireworks.

F-3309.5.6 Financial Responsibility.

Any person or business applying for a permit for the purposes of storage or retail of fireworks shall file with the Fire Chief or his representative a corporate surety bond in the principal minimum sum of $100,000 or a public liability insurance policy for the same sum for the purposes of payment of damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. This section shall apply to all permanent and temporary retail establishments.

F-3309.6 Additional Safety Requirements for Fireworks

F-3309.6.1 Prohibitions Near Flammable Materials.

No person shall sell, handle, store, or discharge any fireworks within 50 feet (15240 mm) of any gasoline pump, fill line, vent line, or any building where flammable liquids are stored or handled.

F-3309.6.2 Places Where Discharges are Prohibited.

No person shall discharge fireworks within 50 feet (15240 mm) of a place where fireworks are stored, handled, or sold.

F-3309.6.3 Removal or Relocation.

If the Fire Chief finds that fireworks are stored or displayed in any of the following ways, the Fire Chief is authorized to issue written orders to the licensee to remove or relocate that storage or display.

1. In a location that would impede egress from the premises in the event of a fire;

2. In close proximity to a source of possible ignition; or

3. In any other manner that is dangerous to persons or property.

F-3309.6.4 No Smoking Signs.

No smoking signs that comply with Subsection 3102.3 shall be posted at all retail firework stands.

F-3309.6.5 Fire Extinguishers.

At least one fire extinguisher with a minimum rating of 2A shall be installed in each retail fireworks stand. The fire extinguisher shall be maintained in accordance with NFPA 10.

F-3309.7 Seizure of Fireworks

F-3309.7.1 Fireworks Subject to Seizure.

All fireworks sold, offered for sale, stored, processed, or transported in violation of this article shall be subject to seizure by the Fire Chief.

F-3309.7.2 Impounding.

The Fire Chief shall impound all seized fireworks in a place under such conditions that will reduce as much as reasonably possible any threat from those impounded fireworks to the safety of any person or property.

F-3309.7.3 Notice to Destroy or Transport.

At the time of seizure, the Fire Chief shall issue a written notice to the owner of the fireworks or the owner’s agent stating that all seized fireworks shall be destroyed 30 days from the date of the notice. All seized fireworks approved for sale in the District of Columbia shall be returned provided the owner of the fireworks or the owner’s agent can make arrangements satisfactory to the Fire Chief within 30 days from the date of the notice to properly transport the permitted fireworks to an approved location.

F-3309.7.3.1 Destruction of Fireworks.

If the arrangements required under Subsection F-3309.7.3 are not made within 30 days from the date on which written notice is given by the Fire Chief to the owner of the fireworks or the owner’s agent, the Fire Chief shall destroy or order the destruction of the seized fireworks in a manner that reasonably avoids danger to any person or property.

791.001. Application and enforcement.

This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state.

791.01. Definitions.

As used in this chapter, the term:

(1) “Distributor” means any person engaged in the business of selling sparklers to a wholesaler.

(2) “Division” means the Division of the State Fire Marshal of the Department of Financial Services.

(3) “Explosive compound” means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat.

(4)(a) “Fireworks” means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.

(b) “Fireworks” does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.

(c) “Fireworks” also does not include the following novelties and trick noisemakers:

1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate.

2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect.

3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes:

a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report.

b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report.

c. A snapper, which is a small, paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition.

d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks.

e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report.

f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report.

The sale and use of items listed in this paragraph are permitted at all times.

(5) “Manufacturer” means any person engaged in the manufacture or construction of sparklers in this state.

(6) “Retailer” means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail.

(7) “Seasonal retailer” means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year.

(8) “Sparkler” means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks.

(9) “Wholesaler” means any person engaged in the business of selling sparklers to a retailer.

791.012. Minimum fireworks safety standards.

The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder.

791.013. Testing and approval of sparklers; penalties.

(1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following year. On February 1 of each year the division shall approve those products which it has tested and found to meet the requirements for sparklers. All approved sparkler products are legal for sale until January 31 of the following year. The list of approved sparkler products shall be published in the Florida Administrative Weekly and shall prominently state the dates between which the products may be sold. The division shall make copies of this list available to the public. A product must be tested and approved for sale in accordance with the rules adopted to implement this section. Beginning February 1, 1988, only those products approved by the division may be sold in the state. The State Fire Marshal shall adopt rules describing the testing, approval, and listing procedures.

(2) Any person who alters an approved sparkler product, so that it is no longer a sparkler as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who fraudulently represents a device as approved for sale as a sparkler product when it is not so approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) For purposes of the testing requirement by this section, the division shall perform such tests as are necessary to determine compliance with the performance standards in the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by rule, procedures for testing products to determine compliance with this chapter. The division shall dispose of any samples which remain after testing.

791.015. Registration of manufacturers, distributors, wholesalers, and retailers of sparklers.

(1) REGISTRATION REQUIREMENTS.—Any manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers who wishes to do business in this state or to otherwise sell, ship, or assign for sale its products in this state must register annually with the division on forms prescribed by the division. Any retailer who sells sparklers at more than one retail location may submit one registration form for all such locations but must provide the address of each location with the registration form; however, any retailer may submit multiple registration forms.

(2) REGISTRATION FORM.—The registration form filed with the division must be notarized and must include the following information: business name; address; telephone number; officers, if the business is a corporation; and an individual designated as a contact person.

(3) FEES.

(a) Each manufacturer, distributor, or wholesaler must pay an annual registration fee to be set by the division not to exceed $1,000. Each seasonal retailer must pay an annual registration fee to be set by the division not to exceed $200. Each retailer shall pay an annual registration fee to be set by the division not to exceed $15 for each retail location registered. Each certificateholder wishing to have a duplicate certificate issued for one which is lost or to reflect a change of address shall request such duplicate in writing and shall pay a fee of $5.

(b) Revenue from registration fee payments shall be deposited in the Insurance Regulatory Trust Fund for the purposes of implementing the registration and testing provisions of this chapter.

(4) RULES. The State Fire Marshal may adopt rules prescribing registration forms required by this section.

791.02. Sale of fireworks regulated; rules and regulations.

(1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location.

791.03 Bond of licensees.

The board of county commissioners shall require a bond deemed adequate by the board of county commissioners from the licensee in a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person or to property by reason of the licensee’s display, and arising from any acts of the licensee, his or her agents, employees or subcontractors.

791.04. Sale at wholesale, etc., exempted.

Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds.

791.05. Seizure of illegal fireworks.

Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.

791.055. Restrictions upon storage of sparklers.

(1) Sparklers shall not be stored or kept for sale in any store:

(a) In which paints, oils, or varnishes are manufactured or kept for use or sale unless the paints, oils, or varnishes are in unbroken containers.

(b) In which resin, turpentine, gasoline, or flammable substances or substances which may generate vapors are used, stored, or offered for sale unless the resin, turpentine, gasoline, or substances are in unbroken containers.

(c) In which there is not at least one approved chemical fire extinguisher ready, available, and equipped for use in extinguishing fires.

(2) When sparklers are in storage to be offered for sale at retail, a sign shall be conspicuously displayed over the entrance to the room in which the sparklers are stored, which sign reads: “CAUTION SPARKLERS-NO SMOKING.” No person shall be in such room while in possession of a lighted cigar, cigarette, or pipe.

791.06. Penalties.

Any firm, copartnership, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or, in the case of individuals, the members of a partnership and the responsible officers and agents of an association or corporation, punishable as provided in s. 775.082 or s. 775.083.

Title 25. Fire Protection and Safety

Chapter 10. Regulation of Fireworks

§25-10-1. Definitions

(a) As used in this chapter, the term:

(1) “Consumer fireworks” means any small fireworks devices containing

restricted amounts of pyrotechnic composition, designed primarily to produce visible or

audible effects by combustion, that comply with the construction, chemical composition,

and labeling regulations of the United States Consumer Product Safety Commission as

provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the

United States Department of Transportation as provided for in Part 172 of Title 49 of the

Code of Federal Regulations, and the American Pyrotechnics Association as provided for

in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall

mean Roman candles.

(2) “Consumer fireworks retail sales facility” shall have the same meaning as

provided for by NFPA 1124.

(3) “Consumer fireworks retail sales stand” shall have the same meaning as

provided for by NFPA 1124.

(4) “Distributor” means any person, firm, corporation, association, or partnership

which sells consumer fireworks.

(5) “Fireworks” means any combustible or explosive composition or any

substance or combination of substances or article prepared for the purpose of producing a

visible or audible effect by combustion, explosion, deflagration, or detonation, including

blank cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other

combustibles and explosives of like construction, as well as articles containing any

explosive or flammable compound and tablets and other devices containing an explosive

substance.

(6) “NFPA 1124” means the National Fire Protection Association Standard 1124,

Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and

Pyrotechnic Articles, 2006 Edition.

(7) “Nonprofit group” means any entity exempt from taxation under Section

501(c)(3) of the Internal Revenue Code of 1986.

(8) “Proximate audience” means an audience closer to pyrotechnic devices than

permitted by the National Fire Protection Association Standard 1123, Code for Fireworks

Display, as adopted by the Safety Fire Commissioner.

(9) “Pyrotechnics” means fireworks.

(10) “Retail chain” means a person, firm, corporation, association, or partnership

with more than one store, where all such stores are collectively known to the public by

the same name or share central management.

(11) “Store” shall have the same meaning as provided for by NFPA 1124.

(b) As used in this chapter, the term “consumer fireworks” or “fireworks” shall

not include:

(1) Model rockets and model rocket engines designed, sold, and used for the

purpose of propelling recoverable aero models, toy pistol paper caps in which the

explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy

pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall

the term “consumer fireworks” or “fireworks” include ammunition consumed by weapons

used for sporting and hunting purposes; and

(2) Wire or wood sparklers of 100 grams or less of mixture per item; other

sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of

chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and

glow worms; smoke devices; or trick noise makers which include paper streamers, party

poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of

explosive mixture.

§25-10-2. Prohibited fireworks activities

(a) It shall be unlawful for any person, firm, corporation, association, or

partnership to offer for sale at retail or wholesale, to use or explode or cause to be

exploded, or to possess, manufacture, transport, or store any consumer fireworks or

fireworks, except as otherwise provided in this chapter.

(b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be

unlawful for any person, firm, corporation, association, or partnership to sell consumer

fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-

1 to any person under 18 years of age.

(2) It shall be unlawful to sell consumer fireworks or any items defined in

paragraph (2) of subsection (b) of Code Section 25-10-1 to any person by any means

other than an in-person, face-to-face sale. Such person shall provide proper identification

to the seller at the time of such purchase. For purposes of this paragraph, the term “proper

identification” means any document issued by a governmental agency containing a

description of the person or such person’s photograph, or both, and giving such person’s

date of birth and includes without being limited to a passport, military identification card,

driver’s license, or identification card authorized under Code Sections 40-5-100 through

40-5-104.

(3)(A) It shall be unlawful to use fireworks, consumer fireworks, or any items

defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors.

(B) Except as provided for in subparagraph (D) of this paragraph and subject to

paragraph (4) of this subsection, it shall be lawful for any person, firm, corporation,

association, or partnership to use or explode or cause to be exploded any consumer

fireworks on any day between the hours of 10:00 A.M. and 12:00 Midnight only;

provided, however, that it shall be lawful for any person, firm, corporation, association,

or partnership to use or explode or cause to be exploded any consumer fireworks on

January 1, July 3, July 4, and December 31 of each year between the hours of 12:00

Midnight and 2:00 A.M.

(C) Subject to paragraph (4) of this subsection, it shall be lawful for any person,

firm, corporation, association, or partnership to use or explode or cause to be exploded

any consumer fireworks anywhere in this state except:

(i) As provided for under subparagraph (A) of this paragraph;

(ii) In any location where such person, firm, corporation, association, or

partnership is not lawfully present or is not otherwise lawfully permitted to use or

explode or cause to be exploded any consumer fireworks; or

(iii) Within 100 yards of a nuclear power facility or a facility engaged in the retail

sale of gasoline or the production, refining, processing, or blending of gasoline for such

retail purposes.

(D) Any person, firm, corporation, association, or partnership may use or explode

or cause to be exploded any consumer fireworks on any day at a time not provided for

under subparagraph (B) of this paragraph if such person, firm, corporation, association, or

partnership is issued a special use permit pursuant to the law of a governing authority of a

county or municipal corporation for the use or explosion of consumer fireworks in a

location within such county or municipality at a time not provided for under

subparagraph (B) of this paragraph. Such special use permit shall designate the time or

times and location that such person, firm, corporation, association, or partnership may use

or explode or cause to be exploded such consumer fireworks. A fee assessed by a county

or municipal corporation for the issuance of a special use permit pursuant to this

subparagraph shall not exceed $100.00. No governing authority or official of a county,

municipality, or other political subdivision shall bear liability for any decisions made

pursuant to this Code section.

(4)(A) It shall be lawful for any person 18 years of age or older to use or explode

or cause to be exploded or to possess, manufacture, transport, or store consumer

fireworks.

(B) To the extent otherwise permitted by law, it shall be lawful for any person

who is 16 or 17 years of age to possess or transport consumer fireworks, provided that

such person is serving as an assistant to a distributor licensed under subsection (c) of

Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor’s

application pursuant to subsection (c) of Code Section 25-10-5.1 and is not transporting

such consumer fireworks on a highway which constitutes a part of The Dwight D.

Eisenhower System of Interstate and Defense Highways.

(5)(A) It shall be lawful for any person 18 years of age or older to sell or to offer

for sale at retail or wholesale any consumer fireworks pursuant to the requirements of this

chapter.

(B) It shall be lawful for any person who is 16 or 17 years of age to sell or to offer

for sale at retail or wholesale any consumer fireworks, provided that such person is

serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-

10-5.1 or the nonprofit group benefiting from such distributor’s application pursuant to

subsection (c) of Code Section 25-10-5.1.

(6) (A) It shall be lawful to sell consumer fireworks from a permanent consumer

fireworks retail sales facility or store only if such permanent consumer fireworks retail

sales facility or store is:

(i) In compliance with the requirements for such a permanent consumer fireworks

retail sales facility or store in the selling of consumer fireworks as provided for in NFPA

1124; and

(ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b)

or (d) of Code Section 25-10-5.1.

(B) It shall be lawful to sell consumer fireworks from a temporary consumer

fireworks retail sales stand only if such temporary consumer fireworks retail sales stand

is:

(i) In compliance with the requirements for such a temporary consumer fireworks

retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124;

(ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political

subdivision or a fire department connection of a building affiliated with such consumer

fireworks retail sales stand, unless the chief administrative officer of the fire department

of a county, municipality, or other political subdivision or chartered fire department

legally organized to operate in this state pursuant to Chapter 3 of this title and having

operational authority over such location of the temporary consumer fireworks retail sales

stand provides in writing that such temporary consumer fireworks retail sales stand may

operate in excess of 1,000 feet from such fire hydrant or fire department connection; and

(iii) Selling consumer fireworks of a distributor licensed pursuant to subsection

(c) of Code Section 25-10-5.1. No distributor licensed pursuant to subsection (c) of Code

Section 25-10-5.1 shall at any one time operate more than two temporary consumer

fireworks retail sales stands for each license issued to such distributor under subsection

(b) or (d) of Code Section 25-10-5.1, except that a distributor which is a retail chain and

which is licensed pursuant to subsection (d) of Code Section 25-10-5.1 shall not at any

one time operate more than two temporary consumer fireworks retail sales stands for

each store of such retail chain. Such temporary consumer fireworks retail sales stands

shall be located within the same county as the location of such permanent consumer

fireworks retail sales facility or store provided for under subsection (b) or (d) of Code

Section 25-10-5.1; provided, however, that if a county does not have a distributor

licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer

fireworks for sale from a permanent consumer fireworks retail sales facility or store

within its boundaries, then a distributor licensed pursuant to subsection (b) or (d) of Code

Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer

fireworks retail sales facility or store within 75 miles of the perimeter of the boundaries

of such county may locate one of the two temporary consumer fireworks retail sales

stands in the unserved county.

(C) It shall be unlawful to sell consumer fireworks from any motor vehicle or

from a trailer towed by a motor vehicle.

§25-10-3. Permitted sales and uses of fireworks

Nothing in this chapter shall be construed to prohibit the following:

(1) The wholesale or retail sale of fireworks for use in a public exhibition or

public display and the transportation of fireworks for such use, provided that any person

selling at wholesale or retail or transporting fireworks for such use must have a duplicate

copy of the permit which has been issued by the judge of the probate court to a person,

firm, corporation, association, or partnership which has been authorized to hold a public

exhibition or display, and provided, further, that the seller maintains and makes available

for inspection by the Safety Fire Commissioner or the designee thereof the record of any

such fireworks sale for a period of 18 months from the date of sale;

(2) Use by railroads or other transportation agencies of fireworks specifically

designed and intended for signal purposes or illumination;

(3) The sale or use of blank cartridges for a show or theater or for signal or

ceremonial purposes in athletic or sports events or for use by military or police

organizations; or

(4) The manufacture of any fireworks not prohibited by Congress or any federal

agency; the possession, transportation, and storage of any such fireworks by any

manufacturer thereof; the storage of certain such fireworks by a nonmanufacturer in

accordance with the provisions of Code Section 25-10-3.1; the possession, transportation,

or distribution of any such fireworks to a distributor located outside this state; the sale of

such fireworks by any such manufacturer to a distributor located outside this state; or the

possession and transportation of such fireworks by any manufacturer or contractor or

common carrier from the point of manufacture within this state to any point outside this

state.

§ 25-10-5.1. Requirements for issuance of license to distribute consumer fireworks

(a)(1) A license pursuant to this Code section shall only be issued to a distributor

that:

(A) Complies with all the requirements of this chapter; and

(B) Maintains at all times public liability and product liability insurance with

minimum coverage limits of $2 million to cover the losses, damages, or injuries that

might ensue to persons or property as a result of selling consumer fireworks.

(2) Any person who knowingly and willfully makes a false, fictitious, or

fraudulent statement of representation in an application executed pursuant to this Code

section shall be guilty of a violation of Code Section 16-10-20.

(b)(1) The initial license fee for a distributor selling consumer fireworks from a

permanent consumer fireworks retail sales facility shall be $5,000.00 per location,

payable to the Safety Fire Commissioner. Upon a finding that a distributor has met the

requirements of paragraph (1) of subsection (a) of this Code section and upon payment of

such license fee, such initial license shall be issued by the Safety Fire Commissioner and

shall identify the permanent consumer fireworks retail sales facility applicable to such

license. Such initial license shall expire on January 31 of the year after such initial license

was issued. After such initial license, such distributor may annually renew such initial

license for $1,000.00 per year, payable to the Safety Fire Commissioner. Upon finding

that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code

section and upon payment of such license fee, such annual license shall be issued by the

Safety Fire Commissioner and shall identify the permanent consumer fireworks retail

sales facility applicable to such license. Such annual license shall expire on January 31 of

each year; provided, however, that a distributor shall not apply for an annual license

earlier than 30 days prior to the expiration of an initial license or annual license.

(2) The determination by the Safety Fire Commissioner of whether a distributor

has met requirements for the issuance of a license required by this subsection shall be

made within 15 days of the submission of an application for any such license. Such

application shall be in writing and, if the Safety Fire Commissioner provides for a written

form for the application for a license pursuant to this Code section, upon such form as

may be provided by the Safety Fire Commissioner. If a determination has not been made

within the time provided for by this paragraph, or for an appeal of a determination by the

Safety Fire Commissioner, a distributor may seek review from the judge of the probate

court of the county of the location or proposed location of the permanent consumer

fireworks retail sales facility. Such judge may provide for the issuance or nonissuance of

a license and for the payment of license fees in such manner as is consistent with the

provisions of this subsection.

(c)(1) The license fee for a distributor selling consumer fireworks from a

temporary consumer fireworks retail sales stand shall be $500.00 per location, payable to

the governing authority of the county, municipality, or other political subdivision of this

state in whose boundaries such temporary consumer fireworks retail sales stand shall be

located or is proposed to be located. Upon finding that a distributor has met the

requirements of paragraph (1) of subsection (a) of this Code section, has a license

pursuant to subsection (b) or (d) of this Code section for a location applicable to the

location of such temporary consumer fireworks retail sales stand as provided for in

subparagraph (b)(6)(B) of Code Section 25-10-2, has no more than the allowable

temporary consumer fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of

Code Section 25-10-2, that the sales of consumer fireworks from such temporary

consumer fireworks retail sales stand shall accrue to the benefit of a nonprofit group, and

upon payment of such license fee, such license shall be issued by the fire department of

the county, municipality, or other political subdivision or the chartered fire department

legally organized to operate in this state pursuant to Chapter 3 of this title and having

operational authority of the area in which such temporary consumer fireworks retail sales

stand shall be located or is proposed to be located; provided, however, that no such

license shall be issued prior to January 1, 2016. Such license shall identify the temporary

consumer fireworks retail sales stand applicable to such license and shall expire 90 days

after the issuance of such license.

(2) A determination by a fire department as provided for under paragraph (1) of

this subsection of whether a distributor has met requirements for the issuance of a license

pursuant to this subsection shall be made within 15 days of the submission of an

application for any such license. Such application shall be in writing and, if such fire

department provides for a written form for the application for a license pursuant to this

Code section, upon such form as may be provided by such fire department. If a

determination has not been made within the time provided for by this paragraph, or for an

appeal of a determination by such fire department, a distributor may seek review from the

judge of the probate court of the county of the location or proposed location of the

temporary consumer fireworks retail sales stand. Such judge may provide for the issuance

or nonissuance of a license and for the payment of license fees in such manner as is

consistent with the provisions of this subsection.

(3) A nonprofit group benefiting from the sale of consumer fireworks pursuant to

this Code section shall directly participate in operating the temporary consumer fireworks

retail sales stand. It shall be unlawful for a nonprofit group or any agent or bona fide

representative of a nonprofit group to knowingly lend the name of the nonprofit group or

allow the identity of the nonprofit group to be used for the license under this subsection if

such nonprofit group is not directly participating in operating such temporary consumer

fireworks retail sales stand.

(4) The governing authority of a county, municipality, or other political

subdivision receiving fees pursuant to this Code section shall expend such fees for public

safety purposes.

(5) A distributor licensed pursuant to this subsection shall submit a list of the

names and addresses, including the counties, of each temporary consumer fireworks retail

sales stand at which such distributor has consumer fireworks offered for sale pursuant to

this Code section to the Safety Fire Commissioner. Such list shall be submitted by

January 31 of each year and such distributor shall amend such list, or file an initial list if

such distributor first becomes licensed after January 31 of a particular year, within 45

days of having such distributor’s consumer fireworks offered for sale at a location not

previously included on such list. The Safety Fire Commissioner shall make such list

publicly available for inspection. In making determinations as provided for under this

subsection, fire departments shall reference the list provided for by this paragraph.

(d)(1) The initial license fee for a distributor selling consumer fireworks from a

store shall be $5,000.00, payable to the Safety Fire Commissioner, provided that, if a

store is a retail chain, one payment of $5,000.00 shall satisfy such license fee for each

store of the retail chain. Upon finding that a distributor has met the requirements of

paragraph (1) of subsection (a) of this Code section, such initial license shall be issued by

the Safety Fire Commissioner and, if issued to a store which is a retail chain, shall be a

license for each current or future store of the retail chain. Such initial license shall expire

on January 31 of the year after such initial license was issued. After such initial license,

such distributor may annually renew such initial license for $1,000.00 per year, payable

to the Safety Fire Commissioner, provided that, if a store is a retail chain, one payment of

$1,000.00 shall satisfy such license fee for each store of the retail chain. Upon finding

that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code

section, such annual license shall be issued by the Safety Fire Commissioner and, if

issued to a store which is a retail chain, shall be a license for each current or future store

of the retail chain. Such annual license shall expire on January 31 of each year; provided,

however, that a distributor shall not apply for an annual license earlier than 30 days prior

to the expiration of an initial license or annual license.

(2) The determination by the Safety Fire Commissioner of whether a distributor

has met requirements for the issuance of a license required by this subsection shall be

made within 15 days of the submission of an application for any such license. Such

application shall be in writing and, if the Safety Fire Commissioner provides for a written

form for the application for a license pursuant to this Code section, upon such form as

may be provided by the Safety Fire Commissioner. If a determination has not been made

within the time provided for by this paragraph, or for an appeal of a determination by the

Safety Fire Commissioner, a distributor may seek review from the judge of the probate

court of the county of the location or proposed location of the store from which consumer

fireworks will be sold. Such judge may provide for the issuance or nonissuance of a

license and for the payment of license fees in such manner as is consistent with the

provisions of this subsection.

§ 25-10-6. Fireworks manufactured, sold, or stored in violation of chapter declared

contraband; seizure and disposition thereof

The state fire marshal shall enforce the provisions of this chapter. Applicable fire

departments of a county, municipality, or other political subdivision or a chartered fire

department shall refer cases for enforcement under subsection (c) of Code Section 25-10-

5.1 to the state fire marshal. All fireworks manufactured, offered for sale, exposed for

sale, or stored in violation of this chapter are declared to be contraband and may be

seized, taken, and removed, or caused to be removed and destroyed at the expense of the

owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local

police official.

§ 25-10-7. Applicability of provisions of chapter

This chapter shall not apply to the high explosives covered by Code Section 25-2-

17 over which the Safety Fire Commissioner has regulatory control.

§ 25-10-8. Penalty for violations of chapter

(a) Any person, firm, corporation, association, or partnership that violates Code

Section 25-10-3.2 shall be guilty of a felony and shall be punished by imprisonment for

not less than two nor more than ten years, or by a fine of not more than $10,000.00, or

both.

(b) Any person, firm, corporation, association, or partnership that violates any

other provision of this chapter shall be guilty of a misdemeanor.

§ 25-10-9. Penalty for illegal sale of fireworks

Notwithstanding any provision of this chapter to the contrary, any person, firm,

corporation, association, or partnership that knowingly violates this chapter may be

punished by a fine not to exceed $2,500.00. Each sales transaction in violation of this

chapter shall be a separate offense.

§ 25-10-10. Prohibition on release of certain fire-propelled devices into the air and

certain floating lantern devices into public water locations

It shall be unlawful for any person, firm, corporation, association, or partnership

to release or cause to be released any balloon, bag, parachute, or other similar device

which requires fire underneath for propulsion or to release or cause to be released any

floating water lantern or wish lantern which uses a flame to create a lighting effect in any

public waterway, lake, pond, stream, or river.

O.C.G.A. § 36-60-24 (2015)

§ 36-60-24. Sale or use or explosion of consumer fireworks products

(a) The governing authority of a county or municipal corporation shall not

prohibit the sale or use or explosion of consumer fireworks or products or services which

are lawful under subsection (b) of Code Section 25-10-1, unless such prohibition is

expressly authorized by general law.

(b) If the sale of a product or service is regulated by Chapter 10 of Title 25, the

governing authority of a county or municipal corporation shall not enact additional

regulation of the sale or use or explosion of such product or service, unless such

additional regulation is expressly authorized by general law.

(c) Notwithstanding subsections (a) and (b) of this Code section, the governing

authority of a county or municipal corporation may provide for permits or licenses for the

sale or use of consumer fireworks as provided for under subsection (c) of Code Section

25-10-5.1.

(d) Notwithstanding subsections (a) and (b) of this Code section, the governing

authority of a county may further regulate the sale of consumer fireworks from temporary

consumer fireworks retail sales stands.

(e) The governing authority of a county shall not unreasonably delay or deny an

application for a temporary consumer fireworks retail sales stand.

(f) For purposes of this subsection, the terms “consumer fireworks” and

“consumer fireworks retail sales stand” shall have the same meanings as provided in

Code Section 25-10-1.

(g) Any ordinance enacted before, on, or after July 1, 2006, by a county or

municipal corporation in violation of this Code section is void.

O.C.G.A. § 48-13-130 (2015)

§ 48-13-130. Definitions

As used in this article, the term:

(1) “Consumer fireworks” shall have the same meaning as provided for in Code

Section 25-10-1.

(2) “Seller” means the person who is issued a license pursuant to Code Section

25-10-5.1.

§ 48-13-131. Excise tax imposed; rate of taxation; payment

(a) An excise tax, in addition to all other taxes of every kind imposed by law, is

imposed upon the sale of consumer fireworks and any items provided for in paragraph (2)

of subsection (b) of Code Section 25-10-1 in this state at a rate of 5 percent per item sold.

(b) The excise tax imposed by this article shall be paid by the seller and due and

payable in the same manner as would be otherwise required under Article 1 of Chapter 8

of this title.

§ 48-13-132. Civil penalty for violations

A seller who knowingly and willfully violates the requirements of this article shall

be assessed a civil penalty of not more than $10,000.00 in addition to the amount of tax

due.

§132D-1. Title.

This chapter shall be known and may be cited as the “Fireworks Control Law”.

§132D-2. Definitions.

As used in this chapter unless the context requires otherwise:

“Aerial device” means any fireworks containing one hundred thirty milligrams or less of explosive materials that produces an audible or visible effect and is designed to rise into the air and explode or detonate in the air or to fly about above the ground, and that is prohibited for use by any person who does not have a permit for display issued by a county under section 132D-16. “Aerial devices” classified as fireworks under UN0336 and UN0337 by the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations include firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman candles, flying pigs, and jumping jacks that move about the ground farther than a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, aerial shells, and mines.

“Articles pyrotechnic” means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 by the United States Department of Transportation.

“Consumer fireworks” means any fireworks designed primarily for retail sale to the public during authorized dates and times, that produces visible or audible effects by combustion, and that is designed to remain on or near the ground and, while stationary or spinning rapidly on or near the ground, emits smoke, a shower of colored sparks, whistling effects, flitter sparks, or balls of colored sparks, and includes combination items that contain one or more of these effects. “Consumer fireworks” shall comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as set forth in Title 16 Code of Federal Regulations and fireworks classified as UN0336 and UN0337 by the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations. “Consumer fireworks” include firework items commonly known as firecrackers that are single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one-quarter of an inch in diameter and contain a charge of not more than fifty milligrams of pyrotechnic composition, snakes, sparklers, fountains, and cylindrical or cone fountains that emit effects up to a height not greater than twelve feet above the ground, illuminating torches, bamboo cannons, whistles, toy smoke devices, wheels, and ground spinners that when ignited remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, novelty or trick items, combination items, and other fireworks of like construction that are designed to produce the same or similar effects.

“Cultural” means relating to the arts, customs, traditions, mores, and history of all of the various ethnic groups of Hawaii.

“Display” means the use of aerial devices, display fireworks, or articles pyrotechnic for any activity, including such activities as movie or television production.

“Display fireworks” means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as display fireworks or contained in the regulations of the United States Department of Transportation and designated as UN0333, UN0334, or UN0335, and includes salutes containing more than two grains (one hundred and thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks”. This term also includes fused setpieces containing components, which together exceed fifty milligrams of salute power. The use of display fireworks shall be prohibited for use by any person who does not have a display permit issued by a county.

“Fireworks” means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and that meets the definition of aerial device or consumer or display fireworks as defined by this section and contained in the regulations of the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations. The term “fireworks” shall not include any explosives or pyrotechnics regulated under chapter 396 or automotive safety flares, nor shall the term be construed to include toy pistols, toy cannons, toy guns, party poppers, pop-its, or other devices which contain twenty-five hundredths of a grain or less of explosive substance.

“Import” (and any nounal, verbal, adjectival, adverbial, and other equivalent form of the term used interchangeably in this chapter) means to bring or attempt to bring fireworks into the State or to cause fireworks to be brought into the State, and includes fireworks labeled or designated as samples, even if not intended for retail sale.

“License” means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which the department is hereby authorized to issue under this chapter, to engage in the act or acts specifically designated herein.

“Permit” means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which a county is hereby authorized to issue under this chapter, to engage in the act or acts specifically designated herein.

“Pyrotechnic composition” or “pyrotechnic contents” means the combustible or explosive component of fireworks.

§132D-3. Permissible uses of consumer fireworks.

Consumer fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only:

(1) From 9:00 p.m. on New Year’s Eve to 1:00 a.m. on New Year’s Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year’s Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or

(2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);

provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit.

§132D-5. General prohibitions.

(a) It shall be unlawful for any person without a permit issued under section 132D-10 by a county fire department to:

(1) Remove or extract the pyrotechnic contents from any fireworks;

(2) Throw any ignited fireworks:

(A) From, at, or into a vehicle;

(B) At a person or an animal; and

(C) From above the first floor of any building; or

(3) Set off, ignite, discharge, or otherwise cause to explode any fireworks:

(A) Above the first floor of any building;

(B) In any vehicle;

(C) At any time not within the periods for use prescribed in section 132D-3;

(D) Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;

(E) In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;

(F) On any highway, alley, street, sidewalk, or other public way; in any park; on any public beach; in any officially designated forest or wildlife preserve; within fifty feet of a canefield; or within one thousand feet of any building used for public worship during the periods when services are held; and

(G) Within five hundred feet of any hotel.

(b) It shall be unlawful to purchase consumer fireworks more than five calendar days before the time periods for permissible use under section 132D-3.

(c) It shall be unlawful to sell consumer fireworks after 12:01 a.m. on New Year’s Day, 6:00 p.m. on Chinese New Year’s Day, and 8:00 p.m. on the Fourth of July.

§132D-7. License or permit required.

A person shall not:

(1) Import, store, offer to sell, or sell, at wholesale or retail, aerial devices, display fireworks, articles pyrotechnic, or consumer fireworks unless the person has a valid license issued by the county; or

(2) Possess aerial devices, display fireworks, or articles pyrotechnic without a valid license to import, store, or sell aerial devices, display fireworks, or articles pyrotechnic, or a valid display permit as provided for in this chapter.

§132D-8. Application for license.

(a) All licenses required under section 132D-7 shall be issued by the county and shall be nontransferable. Licenses to import shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the importations are to begin, the address of the location of the importer, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. If the state fire council or county discovers at a later date that a licensee has been convicted of a felony under this chapter, the licensee’s license shall be revoked and no new license shall be issued to the licensee for two years.

(b) Each storage, wholesaling, and retailing site shall be required to obtain a separate license. The license shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the storage, sale, or offers for sale are to begin, the address of the location of the licensee, and the name of the proprietor, or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the name of its officers. Any license issued pursuant to this chapter may be revoked by the county if the licensee violates any provision of this chapter or if the licensee stores or handles the fireworks in such a manner as to present an unreasonable safety hazard.

(c) It shall be unlawful for any licensee, other than a wholesaler who is selling or transferring fireworks or articles pyrotechnic to a licensed retailer, to sell or offer to sell, exchange for consideration, give, transfer, or donate any fireworks or articles pyrotechnic at any time to any person who does not present a permit duly issued as required by section 132D-10 or 132D-16. The permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks or articles pyrotechnic, and the seller or transferor shall indicate on the permit the amount and type of fireworks or articles pyrotechnic sold or transferred. No person shall sell or deliver fireworks to any permittee in any amount in excess of the amount specified in the permit, less the amount shown on the permit to have been previously purchased; provided that no fireworks shall be sold to a permittee holding a permit issued for purposes of section 132D-3, more than five calendar days before the applicable time period under section 132D-3.

(d) Aerial devices, display fireworks, or articles pyrotechnic shall only be sold or transferred by a wholesaler to a person with a valid permit under sections 132D-10 and 132D-16. No person with a valid permit under sections 132D-10 and 132D-16 shall sell or transfer aerial devices, display fireworks, or articles pyrotechnic to any other person.

(e) Any license issued pursuant to this chapter shall be prominently displayed in public view at each licensed location.

§132D-8.5. Importation of aerial devices, display fireworks, or articles pyrotechnic for display.

Aerial devices, display fireworks, or articles pyrotechnic shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided that if a licensee under section 132D-7 provides aerial devices, display fireworks, or articles pyrotechnic for displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, or articles pyrotechnic for a six-month inventory.

§132D-8.6. Requirements of licensee.

(a) Any person who has obtained a license under section 132D-7 and ships fireworks or articles pyrotechnic into the State shall:

(1) Clearly designate the types of fireworks or articles pyrotechnic in each shipment on the bill of lading or shipping manifest with specificity;

(2) Declare on the bill of lading or shipping manifest the gross weight of aerial devices, consumer fireworks, display fireworks, and articles pyrotechnic to be imported in each shipment and the location of the storage facility, if applicable, in which the fireworks or articles pyrotechnic are to be stored;

(3) Prior to shipment and when booking each shipment of fireworks or articles pyrotechnic notify the appropriate county official as determined by the county regarding whether the shipment will be distributed from:

(A) Pier to pier;

(B) Pier to warehouse or storage facility; or

(C) Pier to redistribution; and

(4) At the time shipping is booked, the importer or consignee shall notify the appropriate county official as determined by the county in writing of the expected shipment’s landing date.

(b) The fire department of a county, in which a shipment of fireworks or articles pyrotechnic has landed and becomes subject to the jurisdiction of the fire department, shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic.

(c) The facility in which fireworks or articles pyrotechnic are to be stored shall:

(1) Have received approval fifteen days prior to the shipment’s arrival from the appropriate county fire department; and

(2) Meet all state and county fire and safety codes.

(d) Any fireworks or articles pyrotechnic landed in the State shall be subject to seizure and forfeiture if:

(1) The importer or consignee does not have in the importer’s or consignee’s possession a valid license to import fireworks or articles pyrotechnic under section 132D-7;

(2) The consignee does not have a valid license to store fireworks or articles pyrotechnic under section 132D-7; or

(3) The fireworks or articles pyrotechnic have not been declared or have been misdeclared in violation of subsection (a).

(e) No person holding a retailer license to sell consumer fireworks shall be allowed to sell consumer fireworks commonly known as firecrackers in a packet size larger than five thousand individual units. Any person violating this subsection shall be guilty of a misdemeanor.

(f) Any person violating subsection (a), (c), or (d) shall be subject to the following for shipments of fireworks or articles pyrotechnic of:

(1) Twenty-five pounds or less gross weight shall be a petty misdemeanor;

(2) Over twenty-five pounds to three hundred pounds gross weight shall be a misdemeanor;

(3) Over three hundred pounds to ten thousand pounds gross weight shall be a class C felony; and

(4) More than ten thousand pounds gross weight shall be a class B felony.

§132D-9. Application for permit.

The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site.

§132D-10. Permits.

A permit shall be required for the purchase and use of:

(1) Any consumer fireworks commonly known as firecrackers upon payment of a fee of $25;

(2) Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of $110; and

(3) Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of $25.

§132D-11. Fee.

(a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler’s site, $1,000 for each storage site, and $500 for each retailer’s site for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The license fees shall be used solely by each county fire department to pay for the salary of an auditor of fireworks and articles pyrotechnic records and all expenses incurred to fulfill the duties required, including the inspection of inventory and storage facilities, maintenance of required records, and the training of the auditor. The auditor shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks or articles pyrotechnic are made only to license or permit holders under this chapter. The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks or articles pyrotechnic for displays once a year.

(b) The fee for the license required under section 132D-7 shall be the fee specified in subsection (a) for each year, fraction of a year, or event in which the licensee plans to conduct business and shall be payable to the county in which the permitted activity is to occur.

§132D-12. Sale to minors; sale by minors; prohibited.

It shall be unlawful for any person to offer for sale, sell, or give any fireworks or articles pyrotechnic to minors, and for any minor to possess, purchase, sell, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, except as provided in section 132D-13.

§132D-13. Liability of parents or guardians.

The parents, guardian, and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, shall be deemed to be in violation of this chapter and shall be subject to the penalties thereunder, except that the parents or guardian may allow the minor to use consumer fireworks while under the immediate supervision and control of the parent or guardian, or under the supervision and control of another adult.

§132D-14. Penalty.

(a) Any person:

(1) Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D-7 shall be guilty of a class C felony;

(2) Purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial devices, display fireworks, or articles pyrotechnic without a valid license under section 132D-7:

(A) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony; or

(B) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty-five pounds, shall be guilty of a misdemeanor;

(3) Who transfers or sells aerial devices, display fireworks, or articles pyrotechnic to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and

(4) Who removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device shall be guilty of a misdemeanor.

(b) Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined not more than $2,000 for each violation.

(c) The court shall collect the fines imposed in subsections (a) and (b) for violating this chapter and, of the fines collected, shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed which shall be expended by the county for law enforcement purposes.

(d) Notwithstanding any penalty set forth herein, violations of subsection (a)(1) or (3) may be subject to nuisance abatement proceedings provided in part V of chapter 712.

§132D-15. Notice requirements.

Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing fireworks of the prohibitions, liabilities, and penalties incorporated in sections 132D-12, 132D-13, and 132D-14.

§132D-17.5. County ordinances.

(a) Nothing in this chapter shall be construed to supersede or in any manner affect a county fireworks ordinance; provided that the ordinance is at least as stringent in the control or prohibition of fireworks as the law under this chapter.

(b) Nothing in this chapter shall prohibit a county from enacting ordinances that are more stringent in the control or prohibition of fireworks than this chapter.

§132D-20. Enforcement.

This chapter shall be enforced by each county. The counties are authorized to enforce and administer the provisions of this chapter.

§132D-21 Health care facilities; report of fireworks and articles pyrotechnic incidents.

Health care facilities in this State shall report all incidents of serious injuries and fatalities caused by legal and illegal fireworks or articles pyrotechnic to the department of health and the police department of the county in which the person was attended or treated. All reports shall be in writing or in the manner specified by the department of health.

As used in this section, “health care facilities” includes any outpatient clinic, emergency room, or physician’s office, private or public, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. The term includes but is not limited to health care facilities that are commonly referred to as hospitals, extended care and rehabilitation centers, nursing homes, skilled nursing facilities, intermediate care facilities, hospices for the terminally ill that require licensure or certification by the department of health, kidney disease treatment centers, including freestanding hemodialysis units, outpatient clinics, organized ambulatory health care facilities, emergency care facilities and centers, home health agencies, health maintenance organizations, and others providing similarly organized services regardless of nomenclature.

39-2601. Short title.

This act shall be known and may be cited as the “Fireworks Act of 1997.”

39-2602. Definitions.

As used in this chapter, these terms shall have the following meanings:

(1) “Authority having jurisdiction” means a city fire department if the area is within a city, or a fire protection district formed pursuant to provisions of the Idaho Code if the area is within a fire protection district, or the county commission if the area is not within a city or fire protection district.

(2) “Department” means the department of insurance, division of the state fire marshal.

(3) “Fireworks” means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term “fireworks” shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (.25) of a grain or less of explosive substance.

(4) “Importer” means any person who, for any purpose other than personal use, or a use associated with a specific public display or other event permit, is the first receiver of any fireworks in this state.

(5) “License” means a nontransferable, formal authorization, issued by the department to engage in the acts of importing fireworks into this state or operating a wholesale fireworks business within this state.

(6) “Nonaerial common fireworks” means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.

(7) “Permit” means an authorization given by the authority having jurisdiction pursuant to section 39-2604 or 39-2605, Idaho Code.

(8) “Special fireworks” means any fireworks designed primarily for display and classified as special fireworks by the United States bureau of explosives or designated as UN 0335 1.3G.

(9) “Wholesale” means sale of fireworks to a retailer or wholesaler.

39-2603. Wholesale and import license required.

(1) A license shall be required for any person to import fireworks into this state or to operate a wholesale fireworks business in this state.

(2) Fireworks shall only be delivered in this state by a person with a valid wholesale or import license under the following circumstances:

(a) (i) To a person with a valid sales tax seller’s permit issued pursuant to section 63-3620, Idaho Code; and

(ii) During a period beginning sixty (60) days prior to a date on which the retail sale or use of nonaerial common fireworks is authorized under this chapter; or

(b) To a person with a valid permit issued pursuant to section 39-2605, Idaho Code, within a reasonable time period before the display or event.

(3) Possession of a wholesale or import license does not authorize the holder of the license to sell nonaerial common fireworks at retail, but a wholesaler or importer may also hold a retail permit in compliance with the provisions of this chapter.

(4) Wholesale or import licenses shall be issued for a twelve (12) month period beginning on March 31 each year and shall be nontransferable. The license shall be issued if the application is complete and in compliance with applicable law.

(5) Wholesale or import license applications shall be on a form approved by the department and shall include the name and address of the applicant (or the names of all partners, if a partnership, the name of the corporation and the corporate officers if a corporation, or the name of the limited liability company and all of its members, if a limited liability company) the primary location of the business, each location at which fireworks are to be stored and the applicant’s Idaho sales tax seller’s permit number, if applicable.

(6) A bond or valid certificate of public liability and property-casualty insurance providing coverage of at least one hundred thousand dollars ($100,000) for personal injury and property damage shall be presented at the time of application.

(7) The department may impose a fee for issuing a license under this section which shall not exceed one hundred dollars ($100).

(8) The license required under this section may be revoked if the licensee violates any provisions of this chapter. A license revocation proceeding shall comply with the provisions of chapter 52, title 67, Idaho Code.

(9) The license shall be displayed in public view at each location listed on the license.

(10) An importer or wholesaler shall keep a record of all wholesale transactions showing the name, address, sales tax seller’s permit number, if applicable, and type and quantity of items sold.

39-2604. Permit required for retail sales.

(1) The local authority having jurisdiction may require a permit for the retail sale of nonaerial common fireworks.

(2) If a permit is required the applications shall be on a form approved by the authority having jurisdiction and shall include the name and address of the applicant (or the names of all partners, if a partnership, the name of the corporation and the corporate officers if a corporation, or the name of the limited liability company and all of its members, if a limited liability company) the primary location of the business, each location at which fireworks are to be stored and the applicant’s Idaho sales tax seller’s permit number, if applicable.

(3) A bond or valid certificate of public liability and property-casualty insurance providing coverage of up to one hundred thousand dollars ($100,000) for personal injury and property damage may be required at the time of application.

(4) The authority having jurisdiction may assess a fee for issuing a permit under this section which shall not exceed twenty-five dollars ($25.00).

(5) The permit shall be issued if the application is complete and in compliance with applicable law, shall be valid for twelve (12) months from the date of issuance and shall be nontransferable.

(6) The permit required under this section may be revoked if the permittee violates any provisions of this chapter. A permit revocation proceeding shall comply with the provisions of chapter 52, title 67, Idaho Code.

(7) The permit shall be displayed in public view at the location listed on the permit.

39-2606. Authorized dates for the sale and use of fireworks.

(1) Nonaerial common fireworks may be sold at retail and used beginning at midnight June 23, and ending at midnight July 5 and beginning at midnight December 26 and ending at midnight January 1. The authority having jurisdiction may at its discretion extend each period of sales by not more than five (5) days.

(2) Fireworks may be sold and used at any time in compliance with permits issued under the provisions of section 39-2605, Idaho Code.

39-2607. Temporary fireworks stands.

Retail sales of nonaerial common fireworks shall be allowed only from within a temporary fireworks stand unless the authority having jurisdiction finds appropriate circumstances justifying reasonable variance from strict compliance with this section. An existing permanent building which was used for the retail sale of fireworks in 1996 may continue to be used for that purpose if the building meets or exceeds the standards for temporary buildings established by this section and is operated, insofar as it is applicable, as provided by this section. Temporary fireworks stands shall be subject to the following provisions:

(1) A stand shall not be located within twenty-five (25) feet of any building or within one hundred (100) feet of the nearest fuel dispensing device.

(2) A stand shall meet the minimum structural stability requirements for temporary buildings as required by applicable local building codes. If no local building codes have been adopted, applicable state codes may be used.

(3) A stand shall meet the minimum requirements for temporary buildings for all lighting circuits or other electrical equipment used in conjunction with the operation of the stand as required by applicable local building codes or, if no local building codes have been adopted, by applicable state codes.

(4) A stand shall have two (2) exits, each a minimum of thirty (30) inches wide at each end of the stand or as near the ends as is practical in a mobile home conversion. One (1) additional door is required for each thirty-two (32) feet of rear wall in excess of thirty-two (32) feet. All doors shall open outward from the stand and shall be kept unlocked and unlatched during the hours of operation and free and clear of supplies and materials at all times.

(5) A stand shall have at least two (2) fire extinguishers with a 2A minimum rating, in good working order, with a current inspection tag in place, placed near the exits in a visible and readily accessible manner.

(6) “No smoking within 25 feet” signs shall be prominently displayed on all four (4) sides of the stand. Smoking shall not be permitted inside the stand.

(7) A stand shall not be erected before May 5 nor remain up after July 20 for the first sales period; nor shall it be erected before December 7 or remain up after January 16 for the second sales period. The premises on which the stand is erected shall be cleared of all structures and debris no later than July 20 or January 16, respectively.

(8) The fireworks stand operator shall not permit the discharge of fireworks within twenty-five (25) feet of the stand.

(9) The stand operator shall not allow any rubbish to accumulate in or around the stand causing a fire nuisance.

(10) Only noncombustible waste containers shall be permitted within the stand.

(11) Fireworks shall not be left in the stand when it is not open for business unless the stand is locked or secured. If fireworks are not stored in the stand they shall be stored in compliance with section 39-2608, Idaho Code.

(12) Notice as provided by the authority having jurisdiction cautioning each person purchasing fireworks of the prohibitions, liabilities and penalties incorporated in this chapter shall be posted at all retail locations.

(13) The authority having jurisdiction may charge a one (1) time inspection fee of twenty-five dollars ($25.00) for inspection of a temporary fireworks stand.

39-2608. Short-term storage.

(1) A short-term storage facility may be used for the storage of nonaerial common fireworks for a period of sixty (60) days prior to, and fifteen (15) days after, any authorized retail sales date. The authority having jurisdiction shall be notified of the address or location of all short-term storage facilities when fireworks will not be stored in a temporary fireworks stand. If the short-term storage facility is not within the boundaries of the jurisdiction having issued the retail sales permit the permittee shall notify the authority having jurisdiction where the storage is to take place.

(2) Short-term storage is allowed in any of the following, provided it is locked or otherwise secured: a temporary fireworks stand, truck, trailer, or other vehicle. A truck, trailer or other vehicle used for short-term storage must remain at least twenty-five (25) feet from the stand during any time the stand is open for business, but may abut the stand when it is closed. A truck, trailer or vehicle used for short-term storage must be at least twenty-five (25) feet from any other inhabited building. Short-term storage may occur in a locked or secured shed, garage, barn or other building or storage container which is detached from an inhabited building and contains no open flames, including heating and lighting sources. The authority having jurisdiction may, in its discretion, allow short-term storage to occur in an attached garage with a one (1) hour fire wall separating the garage from any inhabited area.

39-2609. General prohibitions.

It shall be unlawful for any person, except in compliance with this chapter, to:

(1) Alter any fireworks;

(2) Throw any fireworks from, into, or at a moving vehicle or at any person;

(3) Sell or use any fireworks at any time not permitted under this chapter;

(4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the county commission or authority having jurisdiction, provided that notice of such areas is given in advance.

39-2610. Exceptions.

The provisions of this chapter do not apply to and shall not prohibit:

(1) The use of flares, noisemakers or signals designed and used for the purpose of protecting the public;

(2) The use of blank cartridges;

(3) The use of flares or noisemakers designed and labeled specifically for pest control purposes and approved by the Idaho department of fish and game;

(4) The continued use of existing facilities for long-term storage of fireworks by wholesalers;

(5) Manufacturing of fireworks in this state; and

(6) The importation, storage and sale of fireworks for export from this state, or interstate commerce in fireworks.

39-2611. Liability of parents or guardians.

The parents, guardians or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor.

39-2612. Enforcement.

This chapter shall be enforced by the department, cities, counties, fire protection districts or other law enforcement agencies of the state.

39-2613. Penalties — Injunctions.

Any person violating the provisions of this chapter or any rules issued hereunder is guilty of a misdemeanor. Notwithstanding the existence or use of any other penalty or remedy, any person who violates the provisions of this chapter or any of the rules promulgated pursuant to this chapter may, upon application to or with written consent of the authority having jurisdiction, be enjoined in the manner provided by law from continuing the violation. Fireworks being used in violation of this chapter may be confiscated by the authority having jurisdiction.

39-2614. Rules.

The department may adopt any rules necessary to carry out the provisions of this chapter which are consistent with the provisions of this chapter and which are necessary to carry out its duties under the provisions of this chapter.

425 ILCS 30 Fireworks Regulation Act of Illinois.

Sec. 1.

This Act may be cited as the Fireworks Regulation Act of Illinois.

Sec. 2.

The following words and phrases, when used in this Act, shall for the purpose of this Act have the following definition and meaning:

(a) The term fireworks shall mean and include any explosive composition or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, sky rockets, Roman candles, bombs or other fireworks of like construction and any fireworks containing any explosive compound; or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects. The term “fireworks” shall not include snake or glow worm pellets; smoke devices; sparklers; trick noisemakers known as “party poppers”, “booby traps”, “snappers”, “trick matches”, “cigarette loads” and “auto burglar alarms”; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than twenty-five hundredths grains of explosive mixture; the sale and use of which shall be permitted at all times.

(b) The term “fireworks plant” shall mean and include all lands, with buildings thereon, used in connection with the manufacture or processing of fireworks, as well as storehouses located thereon for the storage of finished fireworks.

(c) The term “fireworks factory building” shall mean any building or other structure in which the manufacture of fireworks, or in which any processing involving fireworks is carried on.

(d) The term “magazine” shall mean any building or other structure used for the storage of explosive raw materials used in the manufacture of fireworks.

(e) The term “Office” shall mean the Office of the State Fire Marshal.

Sec. 3.

Fireworks shall not be stored or kept for sale in a store:

(a) Where paints, oils or varnishes are manufactured or kept for use or sale unless such paints, oils or varnishes are in original unbroken containers.

(b) Where rosin, turpentine, gasoline or inflammable substance or substances which may generate vapors are used, stored or offered for sale; or

(c) Where there are not two approved chemical fire extinguishers or six pails of water readily available and equipped for use in extinguishing fires.

Sec. 3.5.

Sale and use prohibited on public property. A municipality may, by ordinance, prohibit the sale and use of sparklers on public property.

Sec. 4.

Fireworks to be sold at wholesale shall be kept in a room set aside for the storage of fireworks only. Over each entrance to this room shall be displayed a sign in conspicuous type: “CAUTION – FIREWORKS – NO SMOKING”, except that any facility for the storage of fireworks which is required to be placarded pursuant to “An Act to require labeling of equipment and facilities for the use, transportation, storage and manufacture of hazardous materials and to provide for a uniform response system to hazardous materials emergencies”, enacted by the 79th General Assembly, shall be placarded in compliance with that Act. No person shall be permitted to be in this room while carrying matches, or a lighted cigar, cigarette or pipe.

Sec. 8.

All dealers are forbidden to expose fireworks in windows where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package, and all fireworks kept for sale on front counters must remain in original packages; provided, however, that fireworks in open stock may be kept in show cases or in counters out of reach of the public.

Sec. 9.

No smoking shall be allowed in a store where fireworks are offered for sale. Over each entrance to such a store a sign in large letters shall be displayed, reading “FIREWORKS FOR SALE-NO SMOKING ALLOWED.”

Sec. 13.

No factory building used in the manufacture of explosive fireworks shall be situated nearer than five hundred feet to any inhabited dwelling, nor nearer than two hundred feet to any highway or any railroad, nor nearer than one hundred feet to any building used for the storage of explosives or fireworks, nor nearer than fifty feet to any other factory building. This section shall not apply to existing factory buildings in fireworks plants now in operation.

(a) All fireworks plants shall be enclosed on all sides by a fence and all openings to such enclosures shall be fitted with suitable gates, which, when not locked, shall be in charge of a competent watchman who shall have charge of the fireworks plant when it is not in operation. This sub-section shall not apply to existing plants.

(b) No stoves, or exposed flame shall be used in any part of any fireworks plant, except in the boiler room or machine shop, or in buildings where no fireworks or chemicals are stored therein. All parts of the buildings in fireworks plants shall be kept clean, orderly and free from accumulations of dust and rubbish.

(c) Fireworks in the finished state shall not be stored in buildings where fireworks are in process of manufacture.

(d) Each shipping package of fireworks shall bear upon the outside thereof the words “FIREWORKS–HANDLE CAREFULLY–KEEP FIRE AWAY” in letters not less than 7/16 inch in height, and in addition shall show the name of the fireworks manufacturer.

(e) No employee or other person shall enter or attempt to enter any fireworks plant with matches, a lighted cigar, cigarette or pipe or other flame-producing device, nor with liquor or narcotics in his or her possession or control, nor while under the influence of liquor or narcotics, nor partake of intoxicants or narcotics while in the plant.

(f) It shall be the duty of the superintendent, foreman or other person in charge of any fireworks plant to provide safety containers for matches at all main entrances of the plant, where all matches in the possession of all persons shall be deposited before entering the plant enclosure.

(g) All fireworks plants shall be properly posted with “WARNING” and “NO SMOKING” signs.

Sec. 13.1.

Nothing in this Act shall be construed to prohibit any resident wholesaler, dealer, or jobber to sell at wholesale any fireworks as are not herein prohibited; or the sale of any kind of fireworks provided the same are to be shipped directly out of the state; or the use of fireworks by railroads, public utilities, public and private carriers or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletic or sports events, or for use by military organizations.

Sec. 14.

It shall be unlawful for any person to begin operation of a new fireworks plant without a certificate of registration issued by the Office pursuant to the provisions of this Act.

Sec. 15.

A person is qualified to receive such certificate of registration if such plant for which a certificate is sought, is constructed and maintained in conformance with the provisions of this Act.

Sec. 16.

Every person who desires to obtain a certificate of registration shall apply therefor to the Office in writing on blanks prepared and furnished by said Office. Each application shall state the name and address of the applicant and the address of the plant for which such certificate is sought, together with a detailed description of the plant. Such application shall be verified by the applicant under oath. A registration fee of $50 shall accompany each such application.

If upon inspection, the Office finds that the provisions of this Act have been complied with, a certificate of registration shall be issued to such applicant. Such certificate of registration shall be posted in a conspicuous place near the entrance to the fireworks plant and shall continue in force until revoked.

Sec. 17.

If said Office denies such application, it shall file in its office a statement of the reasons therefor and furnish the applicant with a copy of the same.

Sec. 18.

The Office may revoke any certificate of registration if the holder thereof has violated any of the provisions of this Act.

Sec. 19.

If a certificate is revoked the Office shall file in its office a statement of the reasons therefor and furnish a copy of same to the holder of such certificate. No fireworks plant shall be operated after revocation of its certificate of registration until such fireworks plant complies with this act, and a new certificate is issued.

A record of the certificates of registration issued and revoked shall be kept on file in the Office, and a duplicate sent to the chief of the fire department of each community, in which a fireworks plant is located.

Sec. 20.

The Office shall give all applicants for, or holders of certificates of registration sufficient opportunity to be heard before any final decision to revoke or to refuse to issue a certificate of registration under this Act, shall be rendered.

Sec. 21.

The manner of conducting hearings provided for in section 20 of this Act shall conform, as nearly as may be, to the provisions governing hearings set forth in Sections 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, and 2105-125 of the Department of Professional Regulation Law (20 ILCS 2105/2105-100, 2105/2105-105, 2105/2105-110, 2105/2105-115, 2105/2105-120, and 2105/2105-125).

Sec. 21.01.

All final administrative decisions of the Office hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term “administrative decisions” is defined as in Section 3-101 of the Code of Civil Procedure.

Sec. 22.

The Office may adopt reasonable rules and regulations relating to the enforcement of the provisions of this Act.

Sec. 23.

Nothing in these regulations shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military or naval forces of the United States, nor to the duly authorized militia of the state, nor to the use of signals necessary for the safe operation of railroads, steamboats, trucks, or aircraft.

Sec. 24.

The provisions of this Act shall not be construed or held to abrogate or in any way affect the power of cities, villages, and incorporated towns to regulate, restrain and prohibit the use of fireworks, firecrackers, torpedoes, Roman candles, skyrockets and other pyrotechnic displays within their corporate limits. The sections of this Act and every part of such sections are hereby declared to be independent sections and parts of sections, and the invalidity of any section or part thereof shall not affect any other section or part of a section.

Sec. 25.

Whoever fails to comply with or violates any of the provisions of the Act shall be guilty of a petty offense, and whoever, after receiving written notice from the Office, or its authorized representative, directing compliance with specified provisions of the Act fails to comply with the provisions of the Act specified in said notice, shall be guilty of a Class A misdemeanor.

Sec. 26.

This Act shall take effect on the first day of August, Nineteen Hundred and Thirty-five.

IC 22-11-14-1. Definitions

As used in this chapter and IC 22-11-14.5:

“Auto burglar alarm” means a tube that contains pyrotechnic composition that produces a loud whistle or smoke when ignited. A small quantity of explosive, not exceeding fifty (50) milligrams, may also be used to produce a small report. A squib is used to ignite the device.

“Booby trap” means a small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.

“Chaser” means a device, containing fifty (50) milligrams or less of explosive composition, that consists of a small paper or cardboard tube that travels along the ground upon ignition. A whistling effect is often produced, and a small noise may be produced.

“Cigarette load” means a small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one (1) of the pegs, a small report is produced.

“Consumer firework” means a small firework that is designed primarily to produce visible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing fifty (50) milligrams or less of explosive composition, and aerial devices containing one hundred thirty (130) milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. Consumer fireworks:

(1) include:

(A) aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;

(B) ground audible devices, which include firecrackers, salutes, and chasers; and

(C) firework devices containing combinations of the effects described in clauses (A) and (B); and

(2) do not include the items referenced in section 8(a) of this chapter.

“Cone fountain” means a cardboard or heavy paper cone which contains up to fifty (50) grams of pyrotechnic composition, and which produces the same effect as a cylindrical fountain.

“Cylindrical fountain” means a cylindrical tube not exceeding three-quarters (3/4) inch in inside diameter and containing up to seventy-five (75) grams of pyrotechnic composition. Fountains

produce a shower of color and sparks upon ignition, and sometimes a whistling effect. Cylindrical fountains may contain a spike to be inserted in the ground (spike fountain), a wooden or plastic base to be placed on the ground (base fountain), or a wooden handle or cardboard handle for items designed to be hand held (handle fountain).

“Dipped stick” or “wire sparkler” means a stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition does not exceed one hundred (100) grams per item. Those devices containing chlorate or perchlorate salts do not exceed five (5) grams in total composition per item. Wire sparklers that contain no magnesium and that contain less than one hundred (100) grams of composition per item are not included in the category of consumer fireworks.

“Distributor” means a person who sells fireworks to wholesalers and retailers for resale.

“Explosive composition” means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited.

“Firecracker” or “salute” is a device that consists of a small paper wrapped or cardboard tube containing not more than fifty (50) milligrams of pyrotechnic composition and that produces, upon ignition, noise, accompanied by a flash of light.

“Firework” means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks, items referenced in section 8(a) of this chapter, and special fireworks. The following items are excluded from the definition of fireworks:

(1) Model rockets.

(2) Toy pistol caps.

(3) Emergency signal flares.

(4) Matches.

(5) Fixed ammunition for firearms.

(6) Ammunition components intended for use in firearms, muzzle loading cannons, or small arms.

(7) Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms.

(8) Indoor pyrotechnics special effects material.

(9) M-80s, cherry bombs, silver salutes, and any device banned by the federal government.

“Flitter sparkler” means a narrow paper tube filled with pyrotechnic composition that produces color and sparks upon ignition. These devices do not use a fuse for ignition, but rather are ignited by igniting the paper at one (1) end of the tube.

“Ground spinner” means a small spinning device that is similar to wheels in design and effect when placed on the ground and ignited, and that produces a shower of sparks and color when spinning.

“Helicopter” or “aerial spinner” is a spinning device:

(1) that consists of a tube up to one-half (1/2) inch in inside diameter and that contains up to twenty (20) grams of pyrotechnic composition;

(2) to which some type of propeller or blade device is attached; and

(3) that lifts into the air upon ignition, producing a visible or audible effect at the height of flight.

“Illuminating torch” means a cylindrical tube that:

(1) contains up to one hundred (100) grams of pyrotechnic composition;

(2) produces, upon ignition, a colored fire; and

(3) is either a spike, base, or handle type device.

“Importer” means:

(1) a person who imports fireworks from a foreign country; or

(2) a person who brings or causes fireworks to be brought within this state for subsequent sale.

“Indoor pyrotechnics special effects material” means a chemical material that is clearly labeled by the manufacturer as suitable for indoor use (as provided in National Fire Protection Association Standard 1126 (2001 edition)).

“Interstate wholesaler” means a person who is engaged in interstate commerce selling fireworks.

“Manufacturer” means a person engaged in the manufacture of fireworks.

“Mine” or “shell” means a device that:

(1) consists of a heavy cardboard or paper tube up to two and one-half (2 1/2) inches in inside diameter, to which a wooden or plastic base is attached;

(2) contains up to forty (40) grams of pyrotechnic composition; and

(3) propels, upon ignition, stars (pellets of pressed pyrotechnic composition that burn with bright color), whistles, parachutes, or combinations thereof, with the tube remaining on the ground.

“Missile-type rocket” means a device that is similar to a sky rocket in size, composition, and effect, and that uses fins rather than a stick for guidance and stability.

“Municipality” has the meaning set forth in IC 36-1-2-11.

“Party popper” means a small plastic or paper item containing not more than sixteen (16) milligrams of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.

“Person” means an individual, an association, an organization, a limited liability company, or a corporation.

“Pyrotechnic composition” means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. Pyrotechnic compositions will not explode upon ignition unless severely confined.

“Responding fire department” means the paid fire department or volunteer fire department that renders fire protection services to a political subdivision.

“Retail sales stand” means a temporary business site or location

where goods are to be sold.

“Retailer” means a person who purchases fireworks for resale to consumers.

“Roman candle” means a device that consists of a heavy paper or cardboard tube not exceeding three-eighths (3/8) inch in inside diameter and that contains up to twenty (20) grams of pyrotechnic composition. Upon ignition, up to ten (10) stars (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals.

“Sky rocket” means a device that:

(1) consists of a tube that contains pyrotechnic composition;

(2) contains a stick for guidance and stability; and

(3) rises into the air upon ignition, producing a burst of color or noise at the height of flight.

“Smoke device” means a tube or sphere containing pyrotechnic composition that produces white or colored smoke upon ignition as the primary effect.

“Snake” or “glow worm” means a pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. These devices do not contain mercuric thiocyanate.

“Snapper” means a small, paper wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.

“Special discharge location” means a location designated for the discharge of consumer fireworks by individuals in accordance with rules adopted under section 3.5 of this chapter.

“Special fireworks” means fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than one hundred thirty (130) milligrams of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as consumer fireworks.

“Trick match” means a kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.

“Trick noisemaker” means an item that produces a small report intended to surprise the user.

“Wheel” means a pyrotechnic device that:

(1) is attached to a post or tree by means of a nail or string;

(2) contains up to six (6) driver units (tubes not exceeding one-half (1/2) inch in inside diameter) containing up to sixty (60) grams of composition per driver unit; and

(3) revolves, upon ignition, producing a shower of color and sparks and sometimes a whistling effect.

“Wholesaler” means a person who purchases fireworks for resale to retailers.

IC 22-11-14-4. Wholesale sales; consumer fireworks usage; signal or ceremonial purposes; pyrotechnics special effects material

(a) Nothing in this chapter shall be construed to prohibit:

(1) any resident wholesaler, manufacturer, importer, or distributor from selling:

(A) at wholesale fireworks not prohibited by this chapter; or

(B) consumer fireworks if they are to be used:

(i) on the property of the purchaser;

(ii) on the property of another who has given permission to use the consumer fireworks; or

(iii) at a special discharge location as set forth in section 3.5 of this chapter;

(2) the use of fireworks by railroads or other transportation agencies for signal purposes or illumination.

(3) the sale or use of blank cartridges for:

(A) a show or theater;

(B) signal or ceremonial purposes in athletics or sports; or

(C) use by military organizations;

(4) the intrastate sale of fireworks not approved for sale in Indiana between interstate wholesalers;

(5) the possession, sale, or disposal of fireworks, incidental to the public display of Class B fireworks, by wholesalers or other persons who possess a permit to possess, store, and sell Class

B explosives from the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice; or

(6) the use of indoor pyrotechnics special effects material before an indoor or outdoor proximate audience.

(b) For the purposes of this section, a resident wholesaler, importer, or distributor, is a person who:

(1) is a resident of Indiana;

(2) possesses for storage or resale fireworks approved or not approved for sale in Indiana;

(3) is engaged in the interstate sale of fireworks described in subdivision (2) as an essential part of a business that is located in a permanent structure and is open at least six (6) months each year; and

(4) has possession of a certificate of compliance issued by the state fire marshal under section 5 of this chapter.

IC 22-11-14-4.5. Sale of consumer fireworks

(a) A retailer may sell consumer fireworks and items referenced in section 8(a) of this chapter from a tent under the following conditions:

(1) The tent may not be larger than one thousand five hundred (1,500) square feet.

(2) There may be only one (1) tent for each registration granted under section 11(a) of this chapter.

(3) The tent may not be located closer than one hundred (100) feet from a permanent structure.

(4) A vehicle may not be parked closer than twenty (20) feet from the edge of the tent.

(5) The tent must be fire retardant.

(6) The sales site must comply with all applicable local zoning and land use rules.

(7) Sales of fireworks may be made from the tent for not more than forty-five (45) days in a year.

(8) The weight of consumer fireworks in a tent may not exceed three thousand (3,000) gross pounds of consumer fireworks.

(9) A retailer that legally operated a tent with a registration in 2005 may continue operation in a tent in 2006 and the following years. A registration under section 11(a) of this chapter is required for operation in 2006 and following years. For purposes of this subdivision, a retailer includes a resident wholesaler who supplied consumer fireworks to an applicant for a tent registration in 2005.

(10) The retailer holds a valid registration under section 11(a) of this chapter.

(b) A retailer may sell consumer fireworks and items referenced in section 8(a) of this chapter from a Class 1 structure (as defined in IC 22-12-1-4) if the Class 1 structure meets the requirements of any of the following subdivisions:

(1) The structure complied with the rules for a B-2 or M building occupancy classification before July 4, 2003, under the Indiana building code adopted by the fire prevention and building safety commission established under IC 22-12-2-1:

(A) in which consumer fireworks were sold or stored on or before July 4, 2003; and

(B) in which no subsequent intervening nonfireworks sales or storage use has occurred.

(2) The structure complied with the rules for a B-2 or M building occupancy classification before July 4, 2003, under the Indiana building code adopted by the fire prevention and building safety commission established under IC 22-12-2-1:

(A) in which consumer fireworks were sold or stored on or before July 4, 2003;

(B) in a location at which the retailer was registered as a resident wholesaler in 2005; and

(C) in which the retailer’s primary business is not the sale of consumer fireworks.

(3) The structure complies with the rules for an H-3 building occupancy classification under the Indiana building code adopted by the fire prevention and building safety commission established under IC 22-12-2-1, or the equivalent occupancy classification adopted by subsequent rules of the fire prevention and building safety commission.

(4) The structure complies with the rules adopted after July 3, 2003, by the fire prevention and building safety commission established under IC 22-12-2-1 for an M building occupancy classification under the Indiana building code.

A registration under section 11(a) of this chapter is required for operation in 2006 and following years.

(c) This subsection does not apply to a structure identified in subsection (b)(1), (b)(2), (b)(3), or (b)(4). A retailer may sell consumer fireworks and items referenced in section 8(a) of this chapter from a structure under the following conditions:

(1) The structure must be a Class 1 structure in which consumer fireworks are sold and stored.

(2) The sales site must comply with all applicable local zoning and land use rules.

(3) The weight of consumer fireworks in the structure may not exceed three thousand (3,000) gross pounds of consumer fireworks.

(4) The retailer holds a valid registration under section 11(a) of this chapter.

(5) A retailer that sold consumer fireworks and operated from a structure with a registration in 2005 may continue in operation in the structure in 2006 and the following years. A registration under section 11(a) of this chapter is required for operation in 2006 and following years.

(d) The state fire marshal or a member of the division of fire and building safety staff shall, under section 9 of this chapter, inspect tents and structures in which fireworks are sold. The state fire marshal may delegate this responsibility to a responding fire department with jurisdiction over the tent or structure, subject to the policies and procedures of the state fire marshal.

(e) A retailer shall file an application for each retail location on a form to be provided by the state fire marshal.

(f) This chapter does not limit the quantity of items referenced in section 8(a) of this chapter that may be sold from any Class 1 structure that complied with the rules of the fire prevention and building safety commission in effect before May 21, 2003.

IC 22-11-14-5. Violations; removal of stocks; restrictions on shipments and sales; certificate of compliance

(a) The state fire marshal shall remove at the expense of the owner, all stocks of fireworks or combustibles possessed, transported, or delivered in violation of this chapter.

(b) The state fire marshal shall stop the shipments and sale of fireworks, novelties, and trick noisemakers unless, prior to shipment into this state for sale, the manufacturer, wholesaler, importer, or distributor of the fireworks, novelties, and trick noisemakers submits to the state fire marshal:

(1) a complete description of each item proposed to be shipped into Indiana;

(2) a written certification that the items are manufactured in accordance with section 1 of this chapter; and

(3) an annual registration fee of one thousand dollars ($1,000). The registration fee shall be collected by the state fire marshal and deposited in the fire and building services fund as set forth in IC 22-12-6-1(c). A manufacturer, wholesaler, importer, or distributor of fireworks, novelties, and trick noisemakers must submit a list to the state fire marshal on or before June 1 of each year. The list shall contain the name and address of each retail location of each of the customers of the manufacturer, wholesaler, importer, or distributor at which items referenced in section 8(a) of this chapter will be sold. If upon inspection the state fire marshal finds that this chapter has been complied with, an annual certificate of compliance shall be issued to the manufacturer, wholesaler, importer, or distributor. An annual certificate of compliance may not be applied for after June 15 of a year and expires December 31 of the year in which the certificate is issued. Each manufacturer, wholesaler, importer, or distributor must obtain a certificate of compliance. The certificate is not transferable except to a subsequent owner or operator of a business at the same location in accordance with the policies and guidelines of the state fire marshal. A certified copy of the certificate of compliance must be posted in each location where the items are offered for sale to the

public. If upon inspection the state fire marshal finds that this chapter has not been complied with, the state fire marshal shall refuse to issue a certificate of compliance and state the reasons for the refusal. A copy of the order denying the issuance of a certificate of compliance and the reasons shall be forwarded to the manufacturer, wholesaler, importer, or distributor. The state fire marshal may revoke any certificate of compliance issued to any manufacturer, wholesaler, importer, or distributor if the holder of the certificate has violated this chapter.

(c) All fireworks, novelties, and trick noisemakers shipped into Indiana, or manufactured and sold in Indiana, must have distinctly and durably painted, stamped, printed, or marked on the package, box, or container in which the items are enclosed the exact number of pieces in the container.

(d) It is unlawful for a manufacturer, wholesaler, importer, or distributor to sell at wholesale, offer to sell at wholesale, or ship or cause to be shipped into Indiana fireworks, novelties, or trick noisemakers unless the manufacturer, wholesaler, importer, or distributor has been issued and holds a valid certificate of compliance issued under subsection (b). This subsection applies to nonresidents and residents of Indiana.

IC 22-11-14-6. Violations; offenses; time and dates of allowable usage of consumer fireworks

(a) A person who recklessly, knowingly, or intentionally violates section 2(f), 4.5, 5(c), 5(d), 7, 8(a), 8(c), 8(d), 10, or 11(c) of this chapter commits a Class A misdemeanor.

(b) A person who ignites, discharges, or uses consumer fireworks at a site other than:

(1) a special discharge location;

(2) the property of the person; or

(3) the property of another who has given permission to use the consumer fireworks; commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.

(c) A person less than eighteen (18) years of age who possesses or uses a firework when an adult is not present and responsible at the location of the possession or use commits a Class C infraction. However, if a person possesses or uses a firework when an adult is not present and responsible at the location of the possession or use within five (5) years after a previous possession or use by the person as described in this subsection, whether or not there has been a judgment that the person committed an infraction in the previous possession or use, the person commits a delinquent act under IC 31-37.

(d) A person who ignites, discharges, or uses consumer fireworks:

(1) after 11 p.m. except on a holiday (as defined in IC 1-1-9-1(a)) or December 31, on which dates consumer fireworks may not be ignited, discharged, or used after midnight; or

(2) before 9 a.m.;

commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.

(e) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation causes harm to the property of a person commits a Class A misdemeanor.

(f) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in serious bodily injury to a person commits a Class D felony.

(g) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in the death of a person commits a Class C felony.

(h) A person who knowingly or intentionally fails to collect or remit to the state the public safety fees due under section 12 of this chapter commits a Class D felony.

IC 22-11-14-7. Fireworks stand retail sales permit; requirements

(a) A retailer selling items referenced in section 8(a) of this chapter at one (1) or more temporary stands must obtain a fireworks stand retail sales permit, referred to in this section as a “permit”, from the state fire marshal.

(b) An application for a permit must be made before June 1 of each year and must require that at least the following information be supplied by the retailer:

(1) The retailer’s retail merchant certificate number or proof of application for a certificate number.

(2) The location of each retail sales stand.

The state fire marshal shall, within seven (7) days after the receipt of an application for a permit, either issue the permit or notify the applicant of the denial of the permit.

(c) The retailer must pay to the state fire marshal an annual permit fee set under IC 22-12-6-8. If the state fire marshal approves an application for a permit, the state fire marshal shall issue a permit to

the retailer. The permit expires one (1) year after the date of issuance.

(d) The permit shall be posted by the retailer at the retail sales stand so that it is easily seen by the public. However, the state fire marshal’s issuance of a permit does not constitute approval of the fireworks offered for sale by the retailer. The retailer is responsible for determining that all fireworks which the retailer offers for sale conform to applicable law.

(e) At each retail sales stand, the retailer shall provide:

(1) a posted certificate of compliance, including a descriptive list of approved fireworks; and

(2) a salesperson who is at least sixteen (16) years of age.

(f) Fireworks may not be sold at retail from a motor vehicle (as defined in IC 9-13-2-105).

(g) Fireworks, not including those referenced in section 8(a) of this chapter, may not be sold from or stored at a temporary stand.

IC 22-11-14-8. Sale of fireworks; sales to minors prohibited; administrative rules concerning sales of fireworks

(a) A person shall not sell at retail, offer for sale at retail, or deliver the following items to a person less than eighteen (18) years of age:

(1) Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed one hundred (100) grams per item. Devices containing chlorate or perchlorate salts may not exceed five (5) grams in total composition per item.

(2) Cylindrical fountains.

(3) Cone fountains.

(4) Illuminating torches.

(5) Wheels.

(6) Ground spinners.

(7) Flitter sparklers.

(8) Snakes or glow worms.

(9) Smoke devices.

(10) Trick noisemakers, which include:

(A) Party poppers.

(B) Booby traps.

(C) Snappers.

(D) Trick matches.

(E) Cigarette loads.

(F) Auto burglar alarms.

(b) A retailer or wholesaler of consumer fireworks may sell consumer fireworks to a person at least eighteen (18) years of age.

(c) An individual who sells consumer fireworks must be at least eighteen (18) years of age.

(d) An individual who sells an item set forth in subsection (a) must be at least sixteen (16) years of age.

(e) The fire prevention and building safety commission may adopt rules under IC 4-22-2 establishing procedures to ensure compliance with the age limitations set forth in this section.

IC 22-11-14-9. Enforcement

The state fire marshal is charged with the responsibility of enforcing this chapter.

IC 22-11-14-10.5. “Use” defined; adoption of ordinance by county or municipality concerning use of consumer fireworks

(a) As used in this section, the term “use” means the ability of a county or municipality to regulate the days and hours when consumer fireworks may be used, ignited, or discharged.

(b) Notwithstanding any other provision of this chapter:

(1) a county may adopt an ordinance concerning the use of consumer fireworks in the unincorporated areas of the county; and

(2) a municipality may adopt an ordinance concerning the use of consumer fireworks within the corporate limits of the municipality.

(c) An ordinance adopted under this section:

(1) may limit the use of consumer fireworks in the county or municipality;

(2) may not be more lenient than a rule adopted by a state agency concerning the use of fireworks; and

(3) may not limit the use of consumer fireworks:

(A) between the hours of 5:00 p.m. and two (2) hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9;

(B) between the hours of 10:00 a.m. and 12:00 midnight on July 4; and

(C) between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.

IC 22-11-14-11. Sales of consumer fireworks by retailer; application; registration fees; certificate of compliance; transferability of certificate of compliance

(a) A retailer may not sell consumer fireworks until the retailer has:

(1) filed the application required under section 4.5(e) of this chapter with the state fire marshal for each location from which the retailer proposes to sell the consumer fireworks, which must be filed on an annual basis; and

(2) paid an accompanying registration fee of:

(A) one thousand dollars ($1,000) for the first location if a fee under section 5(b)(3) of this chapter has not been paid;

(B) five hundred dollars ($500) for each additional sales location in a tent; and

(C) two hundred dollars ($200) for each additional sales location in a structure;

from which the retailer proposes to sell the consumer fireworks.

Upon receipt of the completed application form, the accompanying fee, and, if required, the affidavit under subsection (b), the state fire marshal shall issue a certificate of compliance to the retailer for each sales location.

(b) A person seeking a certificate of compliance authorizing the sale of consumer fireworks at retail from a structure identified in section 4.5(b)(1), 4.5(b)(2), or 4.5(c) of this chapter, or from a tent under section 4.5(a) of this chapter shall submit with the application:

(1) an affidavit executed by a responsible party with personal knowledge, establishing that consumer fireworks were sold at retail or wholesale from a structure at the same location as of a date set forth in section 4.5(b)(1), 4.5(b)(2), or 4.5(c) of this chapter, or from a tent as of a date set forth under section 4.5(a)(9) of this chapter; and

(2) proof of sales of consumer fireworks from that location.

(c) A person may not sell consumer fireworks at retail if a certificate of compliance from the state fire marshal has not been issued for the location showing registration under subsection (a).

(d) A certificate of compliance issued to a retailer of consumer fireworks is not transferable except to a subsequent owner or operator of a business at the same location in accordance with the policies and guidelines of the state fire marshal.

IC 22-11-14-12. Public safety fee on retail sales of fireworks; obligation by purchaser for payment of fee; transfer of funds

(a) A user fee, known as the public safety fee, is imposed on retail transactions made in Indiana of fireworks, in accordance with section 13 of this chapter.

(b) A person who acquires fireworks in a retail transaction is liable for the public safety fee on the transaction and, except as otherwise provided in this chapter, shall pay the public safety fee to the retailer as a separate added amount to the consideration in the transaction. The retailer shall collect the public safety fee as an agent for the state.

(c) The public safety fee shall be deposited in the state general fund. The auditor of state shall annually transfer the money received from the public safety fee as follows:

(1) Two million dollars ($2,000,000) shall be deposited in the regional public safety training fund established by IC 10-15-3-12.

(2) Any additional money received shall be deposited in the state disaster relief fund established by IC 10-14-4-5.

(d) The department of state revenue shall adopt rules under IC 4-22-2 necessary for the collection of the public safety fee money from retailers as described in subsections (b) and (c).

IC 22-11-14-13. Rate of public safety fee in a retail unitary transaction of fireworks

(a) The public safety fee is measured by the gross retail income received by a retail merchant in a retail unitary transaction of fireworks and is imposed at the following rates:

PUBLIC GROSS RETAIL INCOME SAFETY FROM THE FEE RETAIL UNITARY TRANSACTION

$ 0 less than $ 0.10

$ 0.01 at least $ 0.10 but less than $ 0.30

$ 0.02 at least $ 0.30 but less than $ 0.50

$ 0.03 at least $ 0.50 but less than $ 0.70

$ 0.04 at least $ 0.70 but less than $ 0.90

$ 0.05 at least $ 0.90 but less than $ 1.10

On a retail unitary transaction in which the gross retail income received by the retail merchant is one dollar and ten cents ($1.10) or more, the public safety fee is five percent (5%) of that gross retail income.

(b) If the public safety fee computed under subsection (a) results in a fraction of one-half cent ($0.005) or more, the amount of the public safety fee shall be rounded to the next additional cent.

IC 22-11-14-14 Obligation of retailer collecting public safety fees

An individual who:

(1) is an individual retailer or is an employee, an officer, or a member of a corporate or partnership retailer; and

(2) has a duty to remit the public safety fee as described in section 12 of this chapter to the department of state revenue; holds the public safety fees collected in trust for the state and is personally liable for the payment of the public safety fee money to the state.

IC 22-11-14-15 Fire prevention and building safety commission; department of state revenue; rules concerning fireworks sales

The fire prevention and building safety commission and the department of state revenue shall adopt rules under IC 4-22-2 to carry out this chapter.

CHAPTER 115

POSSESSION, SALE, TRANSFER, PURCHASE, AND USE OF FIREWORKS

AN ACT relating to the possession, sale, transfer, purchase, and use of fireworks, providing penalties, and including effective date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

 

DIVISION I FIREWORKS REGULATION

100.19 Consumer fireworks seller licensing — penalty — fund.

1. As used in this section:

a.“APA87-1”meanstheAmericanpyrotechnicsassociationstandard87-1,aspublishedinDecember

 

2001.

b. “Community group” means a nonprofit entity that is open for membership to the general public which is

 

exemptfromfederalincometaxationpursuanttosection501(c)(3)oftheInternalRevenueCodeorafraternal benefit society, as that term is defined in section 512B.3.

c.“First-classconsumerfireworks”meansthefollowingconsumerfireworks,asdescribedinAPA87-1, chapter 3:

Aerial shell kits and reloadable tubes.
Chasers.
Helicopter and aerial spinners.
Firecrackers.
Mine and shell devices.
Missile-type rockets.
Roman candles.
Sky rockets and bottle rockets.
Multipletubedevicesunderthisparagraph“c”thataremanufacturedinaccordancewithAPA87-1, section 3.5.

d. “Retailer” means as defined in section 423.1.

e. “Second-class consumer fireworks” means the following consumer fireworks, as described in APA 87-1, chapter 3:

Cone fountains.
Cylindrical fountains.
Flitter sparklers.

( 4)Groundandhand-heldsparklingdevices,includingmultipletubegroundandhand-heldsparkling devices that are manufactured in accordance with APA 87-1, section 3.5.

Ground spinners.
Illuminating torches.
Toy smoke devices that are not classified as novelties pursuant to APA 87-1, section 3.2.
Wheels.
Wire or dipped sparklers that are not classified as novelties pursuant to APA 87-1, section 3.2.

2.a.Thestatefiremarshalshallestablishaconsumerfireworkssellerlicense.Anapplicationforaconsumerfireworkssellerlicenseshallbemadeonaformprovidedbythestatefiremarshal.Thestatefiremarshalshalladoptrulesconsistentwiththissectionestablishingminimumrequirementsforaretailerorcommunitygroupto be issued a consumer fireworks seller license.

b.Apersonshallpossessaconsumerfireworkssellerlicenseunderthissectioninordertosellconsumer fireworks.

a. The state fire marshal shall establish a fee schedule for consumer fireworks seller licenses as follows:
Foraretaileratapermanentbuildingwhodevotesfiftypercentormoreoftheretailer’sretailfloor space to the sale or display of first-class consumer fireworks, an annual fee of one thousand dollars.
Foraretaileratatemporarystructurewhodevotesfiftypercentormoreoftheretailer’sretailfloor space to the sale or display of first-class consumer fireworks, an annual fee of five hundred dollars.
For a retailer who devotes less than fifty percent of the retailer’s retail floor space to the sale or display

of first-class consumer fireworks, an annual fee of four hundred dollars.

 

For a community group that offers for sale, exposes for sale, or sells first-class consumer fireworks, an annual fee of four hundred dollars.
Foraretailerorcommunitygroupthatoffersforsale,exposesforsale,orsellssecond-classconsumer fireworks, but not first-class consumer fireworks, an annual fee of one hundred dollars.

b.Alicenseissuedtoaretailerorcommunitygrouppursuanttoparagraph“a”,subparagraph(1),(2),(3), or (4), shall allow the licensee to sell both first-class consumer fireworks and second-class consumer fireworks.

The state fire marshal shall adopt rules to:
Requirethatanyretailerorcommunitygroupofferingforsaleatretailanyconsumerfireworks,asdescribedinAPA87-1,chapter3,shalldosoinaccordancewiththenationalfireprotectionassociationstandard1124,publishedinthecodeforthemanufacture,transportation,storage,andretailsalesoffireworksand pyrotechnic articles, 2006 edition.
Require that a retailer or community group to be issued a license pursuant to this section provide proof ofandmaintaincommercialgeneralliabilityinsurancewithminimumperoccurrencecoverageofatleastonemillion dollars and aggregate coverage of at least two million dollars.
Permit a retailer or community group issued a license pursuant to this section to sell consumer fireworks, as described in APA 87-1, chapter 3, at the following locations as specified:
Atapermanentbuildingthatmeetstherequirementsofparagraph“a”,betweenJune1andJuly8and between December 10 and January 3 each year, all dates inclusive.
At a temporary structure that meets the requirements of paragraph “a” between June 13 and July 8 each year, both dates inclusive.

d. A retailer or community group shall not transfer consumer fireworks, as described in APA 87-1, chapter 3, to a person who is under eighteen years of age.

5.a.Thestatefiremarshalshalladoptrulestoprovidethataperson’sconsumerfireworkssellerlicense mayberevokedfortheintentionalviolationofthissection.Theproceedings forrevocationshallbeheldbeforethedivision of the state fire marshal, which may revoke the license or licenses involved as provided in paragraph “b”.

b.(1)If,uponthehearingoftheordertoshowcause,thedivisionofthestatefiremarshalfindsthatthelicenseeintentionallyviolatedthissection,thenthelicenseorlicensesunderwhichthelicensedretailerorcommunity group sells first-class consumer fireworks or second-class consumer fireworks, shall be revoked.

JudicialreviewofactionsofthedivisionofthestatefiremarshalmaybesoughtinaccordancewiththetermsoftheIowaadministrativeprocedureAct,chapter17A.Ifthelicenseehasnotfiledapetitionforjudicialreviewindistrictcourt,revocationshalldatefromthethirty-firstdayfollowingthedateoftheorderofthedivisionofthestatefiremarshal.Ifthelicenseehasfiledapetitionforjudicialreview,revocationshalldatefromthethirty-firstday following entry oftheorderofthedistrictcourt,ifaction by thedistrictcourtisadverse to the licensee.
Anewlicenseshallnotbeissuedtoapersonwhoselicensehasbeenrevoked,ortothebusinessincontrolofthepremisesonwhichtheviolationoccurredifitisestablishedthattheownerofthebusinesshadactualknowledge of the violation resulting in the license

revocation, for the period of one year following the date of revocation.

6.a.Aconsumerfireworksfeefundiscreatedinthestatetreasuryunderthecontrolofthestatefiremarshal.Notwithstandingsection12C.7,interestorearningsonmoneysinthe consumerfireworksfeefundshallbecreditedtotheconsumerfireworksfeefund.Moneysinthefundareappropriatedtothestatefiremarshaltobeusedtofulfilltheresponsibilitiesofthestatefiremarshalfortheadministrationandenforcementofthissectionandsection100.19Aandtoprovidegrantspursuanttoparagraph“b”.Thefundshallincludethefeescollectedbythestatefiremarshalunderthefeescheduleestablishedpursuanttosubsection3andthefeescollectedbythestatefiremarshalundersection 100.19A forwholesalerregistration.

b.Thestatefiremarshalshallestablishalocalfireprotectionandemergencymedicalserviceprovidersgrantprogramtoprovidegrantstolocalfireprotectionserviceprovidersandlocalemergencymedicalserviceproviderstoestablishorprovidefireworkssafetyeducationprogrammingtomembersofthepublic.Thestatefiremarshalmayalsoprovidegrantstolocalfireprotectionserviceprovidersandlocalemergencymedicalserviceprovidersforthepurchaseofnecessaryenforcement,protection,oremergencyresponseequipmentrelatedtothesale and use of consumer fireworks in this state.

The state fire marshal shall adopt rules for the administration of this section.
A person who violates a provision of this section or a rule adopted pursuant to this section is guilty of a simple misdemeanor.

 

100.19A Consumer fireworks wholesaler — registration — penalty.

For purposes of this section:
“Consumerfireworks”meansfirst-classconsumerfireworksandsecond-classconsumerfireworks,as those terms are defined in section 100.19.
“Wholesaler” means a person who engages in the business of selling or distributing consumer fireworks for the purpose of resale in this state.

Thestatefiremarshalshalladoptrulestorequireallwholesalerstoannuallyregisterwiththestatefire marshal.Thestatefiremarshalmayalsoadoptrulestoregulatethestorageortransferofconsumerfireworksby wholesalers and to require wholesalers to maintain insurance.
The state fire marshal shall establish an annual registration fee of one thousand dollars for wholesalers of consumerfireworkswithinthestate.Registrationfeescollectedpursuanttothissectionshallbedepositedinthe consumer fireworks fee fund created in section 100.19.
A person who violates a provision of this section or a rule adopted pursuant to this sectionis guilty of a simple misdemeanor.

Sec. 5. Section 101A.1, subsection 3, Code 2017, is amended to read as follows:

3.“Explosive”meansanychemicalcompound,mixtureordevice,theprimaryorcommonpurposeofwhichistofunctionbyexplosionwithsubstantiallyinstantaneousreleaseofgasandheat,unlesssuchcompound,mixture,ordeviceisotherwisespecificallyclassifiedbytheUnitedStatesdepartmentoftransportation.Theterm“explosive”includesallmaterialswhichareclassifiedasaclass1,division1.1,1.2,1.3,or1.4explosivebytheUnitedStatesdepartmentoftransportation,under49C.F.R.§173.50,andallmaterialsclassifiedasexplosivematerialsunder18U.S.C.§841,andincludes,butisnotlimitedto,dynamite,blackpowder,pelletpowders,initiatingexplosives,blastingcaps,electricblastingcaps,safetyfuse,fuselighters,fuseigniters,squibs,cordeaudetonativefuse,instantaneousfuse,ignitercord,igniters,smokelesspropellant,cartridgesforpropellant-actuatedpowerdevices,cartridgesforindustrialguns,andoverpressuredevices,butdoesnotinclude“fireworks”as“consumer fireworks”, “displayfireworks”, or “novelties”as thoseterms aredefinedinsection727.2or ammunitionorsmallarmsprimersmanufacturedforuseinshotguns,rifles,andpistols.Commercialexplosivesarethoseexplosiveswhich areintended to beused in commercialorindustrialoperations.

Sec. 6. Section 331.301, Code 2017, is amended by adding the following new subsection:

Theboardofsupervisorsmaybyordinanceorresolutionprohibitorlimittheuseofconsumerfireworksor displayfireworks,asdescribedinsection727.2,iftheboarddeterminesthattheuseofsuchdeviceswouldconstituteathreattopublicsafetyorprivateproperty,oriftheboarddeterminesthattheuseofsuchdeviceswouldconstitute a nuisance to neighboring landowners.

Sec. 7. Section 331.304, subsection 8, Code 2017, is amended to read as follows:

8.Theboard,uponapplication,maygrantpermitsforthedisplayuseofdisplayfireworksasprovidedin section 727.2.

Sec. 8. Section 364.2, Code 2017, is amended by adding the following new subsection:

6.Acitycouncilmaybyordinanceorresolutionprohibitorlimittheuseofconsumerfireworks,display fireworks, or novelties, as described in section 727.2.

Sec. 9. Section 461A.42, subsection 2, Code 2017, is amended to read as follows:

2.Theuseofconsumerfireworksordisplayfireworks,asdefinedinsection727.2,instateparksand preservesisprohibitedexceptasauthorizedbyapermitissuedbythedepartment.Thecommissionshallestablish,byruleadoptedpursuanttochapter17A,afireworkspermitsystemwhichauthorizestheissuanceofalimitednumber of permits to qualified persons to use or display fireworks in selected state parks and preserves.

Sec. 10. Section 727.2, Code 2017, is amended to read as follows:

727.2 Fireworks.

Definitions. For purposes of this section:
“Consumerfireworks”includesfirst-classconsumerfireworksandsecond-classconsumerfireworksas thosetermsaredefinedinsection100.19,subsection1.“Consumerfireworks”doesnotincludenoveltiesenumeratedinchapter3oftheAmericanpyrotechnicsassociation’sstandard87-1ordisplayfireworksenumeratedin chapter 4 of the American pyrotechnics association’s standard 87-1.
Theterm“fireworks”“Displayfireworks”includesanyexplosivecomposition,orcombinationofexplosivesubstances,orarticlepreparedforthepurposeofproducingavisibleoraudibleeffectbycombustion,explosion,deflagration,ordetonation,andincludesblankcartridges,firecrackers,torpedoes,skyrockets,romancandles,orotherfireworksoflikeconstructionandfireworkscontaininganyexplosiveorflammablecompound,orotherdevicecontaininganyexplosivesubstance.Theterm“fireworks”“Displayfireworks”doesnotincludegoldstar-producingsparklersonwireswhichcontainnomagnesiumorchlorateorperchlorate,flittersparklersin

 

paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury, or caps used incappistolsnoveltiesorconsumerfireworksenumeratedinchapter3oftheAmericanpyrotechnicsassociation’s standard 87-1.

c.“Novelties”includesallnoveltiesenumeratedinchapter3oftheAmericanpyrotechnicsassociation’s standard87-1,andthatcomplywiththelabelingregulationspromulgatedbytheUnitedStatesconsumerproduct safety commission.

Display fireworks.
Aperson,firm,partnership,orcorporationwhooffersforsale,exposesforsale,sellsatretail,orusesorexplodesanydisplayfireworks,commitsasimplemisdemeanor.Inadditiontoanyotherpenalties,thepunishmentimposedforaviolationofthissectionshallinclude assessmentof,punishablebyafineofnotlessthantwohundredfiftydollars.However,theacitycouncilofacityoracountyboardofsupervisorsmay,uponapplicationinwriting,grantapermitforthedisplayofdisplayfireworksbymunicipalities,fairassociations,amusementparks,andotherorganizationsorgroupsofindividualsapprovedbythecityorthecountyboardofsupervisorswhenthedisplayfireworksdisplaywillbehandledbyacompetentoperator,butnosuchpermitshallberequiredforthedisplayofdisplay fireworks at the Iowa state fairgrounds by the Iowa state fair board, at incorporated county fairs, or at districtfairs receiving state aid.Salesofdisplay fireworksforsuch display may be made forthatpurposeonly.
(1)Apersonwhousesorexplodesdisplayfireworkswhiletheuseofsuchdevicesisprohibitedor limitedbyanordinanceorresolutionadoptedbythecountyorcityinwhichthefireworkisusedcommitsasimplemisdemeanor, punishable by a fine of not less than twohundred fifty dollars.

(2) A person who uses or explodes display fireworks while the use of such devices is suspended by an order ofthestatefiremarshalcommitsasimplemisdemeanor,punishablebyafineofnotlessthantwohundredfifty dollars.

 

Consumer fireworks and novelties.
Apersonorafirm,partnership,orcorporationmaypossess,use,orexplodeconsumerfireworksin accordance with this subsection and subsection 4.
Aperson,firm,partnership,orcorporationwhosellsconsumerfireworkstoapersonwhoislessthaneighteen years of age commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.A person who is less than eighteen years of agewho purchases consumer fireworks commits a simple misdemeanor,punishable by a fine of not less than two hundred fifty dollars.
(1)Apersonwhousesorexplodesconsumerfireworksornoveltieswhiletheuseofsuchdevicesisprohibitedorlimitedbyanordinanceadoptedbythecountyorcityinwhichthefireworksareusedcommitsasimple misdemeanor, punishable by a fine of not less thantwo hundred fifty dollars.

(2)Apersonwhousesorexplodesconsumerfireworksornoveltieswhiletheuseofsuchdevicesis suspended by an order of the state fire marshal commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.

Limitations.
ApersonshallnotuseorexplodeconsumerfireworksondaysotherthanJune1throughJuly8and December 10 through January 3 of each year, all dates inclusive.
A person shall not use or explode consumer fireworks at times other than between the hours of 9:00 a.m. and 10:00 p.m., except that on the following dates consumer fireworks shall not be used at times other than between the hours specified:
Betweenthehoursof9:00a.m.and11:00p.m.onJuly4andtheSaturdaysandSundays immediately preceding and following July 4.
Between the hours of 9:00 a.m. on December 31 and 12:30 a.m. on the immediately following day.
Betweenthehoursof9:00a.m.and11:00p.m.ontheSaturdaysandSundaysimmediatelypreceding and following December 31.

c.Apersonshallnotuseconsumerfireworksonrealpropertyotherthanthatperson’srealpropertyoron the real property of a person who has consented to the use of consumerfireworks on that property.

d. Aperson who violates this subsection commits a simple misdemeanor. A court shall not order imprisonment for violation of this subsection.

 

3. 5. Applicability.

a.Thissectiondoesnotprohibitthesalebyaresident,dealer,manufacturer,orjobberofsuchfireworksasare not prohibited by this section, or the sale of any kind of fireworks if they are to be shipped out of the state, or thesaleoruseofblankcartridgesforashoworthetheater,orforsignalpurposesinathleticsportsorbyrailroadsortrucks, for signal purposes,or by a recognized military organization.

b.Thissectiondoesnotapplytoanysubstanceorcompositionpreparedandsoldformedicinalor

fumigatin purposes.

c. Unless specifically provided otherwise, this section does not apply to novelties.

DIVISION II RULEMAKING

Sec.11.EMERGENCYRULES.Thestatefiremarshalshalladoptemergencyrulesundersection17A.4,subsection3,andsection17A.5,subsection2,paragraph“b”,toimplementtheprovisionsofthisActandtherulesshallbeeffectiveimmediatelyuponfilingunlessalaterdateisspecifiedintherules.Anyrulesadoptedinaccordance with this section shall also be published as a notice of intended action as provided in section 17A.4.

 

DIVISION III EFFECTIVE DATE

Sec.12.EFFECTIVEUPONENACTMENT.ThisAct,beingdeemedofimmediateimportance,takes

effect upon enactment.

31-501. Short title; administration.

1. K.S.A. 2010 Supp. 31-501 through 31-506, and amendments thereto, shall be known and may be cited as the “Kansas fireworks act”.
2. This act shall be administered by the state fire marshal.

 

31-502. Definitions. As used in this act, unless the context otherwise requires:

1. “Licensed display fireworks operator” means a person licensed to operate an outdoor display of display fireworks.
2. “Licensed proximate pyrotechnic operator” means a person licensed to operate indoor or outdoor articles of pyrotechnic.
3. “Manufacturer” means any person engaged in the manufacture of fireworks of any kind in the state of Kansas. Manufacturer shall also include any person engaged in the assembly of consumer fireworks or component parts into a finished item or assortment, but shall not include repackaging finished goods into an assortment.
4. “Distributor” means any person engaged in the distribution of fireworks of any kind in the state of Kansas to include the following:
   1. Sells, delivers, transports, consigns, gives, imports, exports or otherwise furnishes consumer fireworks to any person for the purpose of resale to a retailer or any other distributor or reseller within the state of Kansas;
   2. sells, intends to sell, offer for sale, possess with intent to sell or consigns display fireworks or articles pyrotechnic to any person, distributor, municipality or any other organization within the state of Kansas; or
   3. produces, conducts or provides a licensed operator or imports any display fireworks or articles pyrotechnic of any kind within the state of Kansas for profit.

1. “Distributor” shall not include:
   1. Anyone who transports fireworks from one state to another state through the state of Kansas and such fireworks ultimate destination is not within the state of Kansas;
   2. anyone who sells consumer fireworks during a fireworks season as a seasonal retailer;
   3. freight delivery companies or common carriers as defined in U.S. Department of Transportation 49

C.F.R. 171.8; or

(4) An out-of-state person who sells, transports, delivers or gives fireworks to a licensed manufacturer or distributor.

1. “Hobbyist manufacturer” means any person who manufactures consumer fireworks, display fireworks or articles pyrotechnic for their personal use.
2. “Person” means any individual, partnership, firm, company, association, corporation, not-for-profit organization, municipality or limited liability corporation.
3. “Seasonal retailer” means a person who receives consumer fireworks and sells, delivers, consigns, gives or otherwise furnishes consumer fireworks only to the public for their personal use and only during a fireworks season.

 

1. “Storage” means the safekeeping of fireworks in a warehouse or magazine or comparable appropriate depository. Consumer fireworks that are located at the destination of their retail sale and that are being held in anticipation of retail sale shall not be considered as in storage.
2. “Fireworks season” means a period in time as set forth in the regulations authorized to be adopted by the state fire marshal during a calendar year in which seasonal retailers are permitted to sell consumer fireworks to the public.

 

(k) “Fireworks display” means a private or public production of display fireworks or articles pyrotechnic, or both, which are intended for use and designed to produce visible or audible effects for entertainment purposes by combustion, deflagration or detonation.

 

31-503. Licensure to sell or use fireworks, requirements; permit to conduct fireworks display; fees.

1. Any person who intends to sell, offer for sale, possess with intent to sell, any consumer fireworks, display fireworks or articles pyrotechnic or discharge, use, display fireworks or articles pyrotechnic shall first obtain the appropriate license from the state fire marshal. This shall not include seasonal retailers.
2. The types of license shall be as follows:
   1. Manufacturer;
   2. hobbyist manufacturer;

(3) distributor;

(4) display fireworks operator; and

(5) proximate pyrotechnic operator.

1. Before a license holder may operate, such license holder must satisfy the requirements of this act and regulations adopted by the state fire marshal.
2. The license holder shall be at least 21 years of age upon applying for a license.
3. Licenses shall not be transferable.
4. Except as otherwise provided in this section, the state fire marshal shall have the authority to fix, charge and collect fees as follows:
   1. A manufacturer license shall be valid for a period of one year. The annual license fee shall not be less than $400 or more than $600. A holder of a manufacturer license is not required to have any additional licenses in order to manufacture and sell any fireworks defined by this act.
   2. A hobbyist manufacturer license shall be valid for a period of four years. The license fee shall not be less than $50 or more than $80.
   3. A distributor license shall be valid for a period of one year. The annual fee shall not be less than $300 or more than $500.
   4. A display fireworks operator license shall be valid for a period of four years. The license fee shall not be less than $40 or more than $80.
   5. A proximate pyrotechnics operator license shall be valid for a period of four years. The license fee shall not be less than $40 or more than $80.

(g) A permit to conduct a fireworks display shall be obtained by the sponsor or operator of a fireworks display from and approved by the city or county where the fireworks display is to be discharged.

(h) No fee shall be charged for a license or permit under this section for any person who is an officer or employee of the state or any political or taxing subdivision of the state when that person is acting on behalf of the state or political or taxing subdivision.

 

31-505. Disposition of fees.

1. All fees collected pursuant to this act shall be transmitted to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments there to. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state fire marshal fee fund.

 

31-506. Rules and regulations.

The fire marshal shall have the authority to promulgate rules and regulations to implement and administer the provisions of this act. Any rules and regulations of the state fire marshal adopted pursuant to this act may incorporate by reference specific editions, or portions thereof, of nationally recognized fire prevention codes. All rules and regulations of the state fire marshal pertaining to fireworks regulated by this act in existence on the effective date of this act shall continue to be effective until revised, amended, revoked or nullified pursuant to law.

227.700 “Fireworks” defined –Exceptions.
As used in KRS 227.700 to 227.750, “fireworks” means any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “consumer fireworks” as defined in KRS 227.702 or “display” fireworks as defined in KRS 227.706 and as set forth in the United States Department of Transportation’s (DOT) hazardous materials regulations. “Fireworks” does not include:
(1) Exception number 1: Toy pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured in accordance with DOT regulations, and packed and shipped according to said regulations, are not considered to be fireworks and shall be allowed to be used and sold at all times.
(2) Exception number 2: Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models are not considered to be fireworks.
(3) Exception number 3: Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as being designed for producing audible effects.
227.702 Consumer fireworks defined.
As used in KRS 227.700 to 227.750, “consumer fireworks” means fireworks that are suitable for use by the public, designed primarily to produce visible effects by combustion, and that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission. The types, sizes, and number of pyrotechnic contents of these devices are limited as enumerated in this section. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing fifty (50) mg. or less of explosive composition, and aerial devices containing one hundred thirty (130) mg. or less of explosive composition. Consumer fireworks are further defined by the Consumer Product Safety Commission in CPSC, 16 C.F.R. pts. 1500 and 1507, are classified as Division 1.4G explosives by the United States Department of Transportation, and include the following:
(1) Ground and hand-held sparkling devices.
(a)Dipped stick-sparkler or wire sparkler. These devices consist of a metal wire or wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks is produced. Sparklers may contain up to one hundred (100) grams of pyrotechnic composition per item. Those devices containing any perchlorate or chlorate salts may not exceed five (5) grams of pyrotechnic composition per item. Wire sparklers which contain no magnesium and which contain less than one hundred (100) grams of composition per item are not included in this category, in accordance with DOT regulations;
(b)Cylindrical fountain. Cylindrical tube containing not more than seventy-five (75) grams of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle, if intended to be hand-held (handle fountain). When more than one (1) tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred (200) grams, or five hundred (500) grams if the tubes are separated from each other on the base by a distance of at least one-half (1/2) inch;
(c)Cone fountain. Cardboard or heavy paper cone containing up to fifty (50) grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one (1) cone is mounted on a common base, the total pyrotechnic composition may not exceed two hundred (200) grams, or five hundred (500) grams if the tubes are separated from each other on the base by a distance of at least one-half (1/2) inch;
(d)Illuminating torch. Cylindrical tube containing up to one hundred (100) grams of pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or hand-held. When more than one (1) tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred (200) grams, or five hundred (500) grams if the tubes are separated from each other on the base by a distance of at least one-half (1/2) inch;
(e)Wheel. A device attached to a post or tree by means of a nail or string. A wheel may have one (1) or more drivers, each of which may contain no more than sixty (60) grams of pyrotechnic composition. No wheel may contain more than two hundred (200) grams total pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect;
(f)Ground spinner. Small device containing not more than twenty (20) grams of pyrotechnic composition, similar in operation to a wheel but intended to be placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device;
(g)Flitter sparkler. Narrow paper tube attached to a stick or wire and filled with not more than one hundred (100) grams of pyrotechnic composition that produces color and sparks upon ignition. The paper at one (1) end of the tube is ignited to make the device function; and
(h)Toy smoke device. Small plastic or paper item containing not more than one hundred (100) grams of pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect;
(2) Aerial devices.
(a) Sky rockets and bottle rockets. Cylindrical tube containing not more than twenty (20) grams of pyrotechnic composition. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of flight;
(b) Missile-type rocket. A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability;
(c) Helicopter, aerial spinner. A tube containing up to twenty (20) grams of pyrotechnic composition. A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight;
(d) Roman candles. Heavy paper or cardboard tube containing up to twenty (20) grams of pyrotechnic composition. Upon ignition, up to ten (10) “stars” (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals;
(e) Mine, shell. Heavy cardboard or paper tube usually attached to a wood or plastic base and containing up to sixty (60) grams of total chemical composition (lift charge, burst charge, and visible or audible effect composition). Upon ignition, “stars,” components producing reports containing up to one hundred thirty (130) milligrams of explosive composition per report, or other devices are propelled into the air. The term “mine” refers to a device with no internal components containing a bursting charge, and the term “shell” refers to a device that propels a component that subsequently bursts open in the air. A mine or shell device may contain more than one (1) tube provided the tubes fire in sequence upon ignition of one (1) external fuse. The term “cake” refers to a dense-packed collection of mine or shell tubes. Total chemical composition including lift charges of any multiple tube devices may not exceed two hundred (200) grams. The maximum quantity of lift charge in any one (1) tube of a mine or shell device shall not exceed twenty (20) grams, and the maximum quantity of break or bursting charge in any component shall not exceed twenty-five percent (25%) of the total weight of chemical composition in the component. The tube remains on the ground; and
(f) Aerial shell kit, reloadable tube. A package kit containing a cardboard, high-density polyethylene (HDPE), or equivalent launching tube with multiple-shot aerial shells. Each aerial shell is limited to a maximum of sixty (60) grams of total chemical composition (lift charge, burst charge, and visible or audible effect composition), and the maximum diameter of each shell shall not exceed one and three-fourths (1-3/4) inches. In addition, the maximum quantity of lift charge in any shell shall not exceed twenty (20) grams, and the maximum quantity of break or bursting charge in any shell shall not exceed twenty-five percent (25%) of the total weight of chemical composition in the shell. The total chemical composition of all the shells in a kit, including lift charge, shall not exceed four hundred (400) grams. The user lowers a shell into the launching tube, at the time of firing, with the fuse extending out of the top of the tube. After the firing, the tube is then reloaded with another shell for the next firing. All launching tubes shall be capable of firing twice the number of shells in the kit without failure of the tube. Each package of multiple-shot aerial shells must comply with all warning label requirements of the Consumer Product Safety Commission; and
(3) Audible ground devices.
(a) Firecrackers, salutes. Small paper-wrapped or cardboard tube containing not more than fifty (50) mg. of pyrotechnic composition. Those used in aerial devices may contain no more than one hundred thirty (130) milligrams of explosive composition per report. Upon ignition, noise and a flash of light is produced; and
(b) Chaser. Small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced. The explosive composition used to create the noise may not exceed fifty (50) mg.
227.704 Novelties and trick noisemakers defined.
Items listed in this section are classified as novelties and trick noisemakers and are not classified as consumer fireworks by the United States Department of Transportation, and their transportation, storage, retail sale, possession, sale, and use shall be allowed throughout the state at all times.
(1) Snake, glow worm–Pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.
(2) Smoke device–Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(3) Wire sparkler–Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed one hundred (100) grams of pyrotechnic composition per item. Devices containing any chlorate or perchlorate salts may not exceed five (5) grams of pyrotechnic composition per item.
(4) Trick noisemaker–Item that produces a small report intended to surprise the user. These devices include:
(a) Party popper. Small plastic or paper item containing not more than sixteen (16) mg. of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.
(b) Booby trap. Small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.
(c) Snapper. Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes producing a small report.
(d) Trick match. Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match a small report or a shower of sparks is produced.
(e) Cigarette load. Small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one (1) of the pegs, a small report is produced.
(f) Auto burglar alarm. Tube which contains pyrotechnic composition that produces a loud whistle or smoke, or both, when ignited. A small quantity of explosive, not exceeding fifty (50) mg. may also be used to produce a small report. A squib is used to ignite the device.
227.706 Display fireworks defined.
As used in KRS 227.700 to 227.750, “display fireworks” means pyrotechnic devices or large fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes, but is not limited to, firecrackers containing more than two (2) grains (130 mg) of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as “consumer fireworks.” Display fireworks are defined by the Consumer Product Safety Commission in CPSC, 16 C.F.R. pts. 1500 and 1507, and are classified as Class B explosives by the United States Department of Transportation.
227.708 Legality of items described in KRS 227.702.
(1) Items described in KRS 227.702 are legal for retail sale provided all applicable federal and state requirements with respect thereto are met.
(2) Items described in KRS 227.706 are not legal for retail sale but are legal under permits granted pursuant to KRS 227.710 for the purposes specified in this chapter for public displays and may be sold at wholesale as provided in this chapter.
(3) Items described in KRS 227.704 are legal for retail sale provided all applicable federal and state requirements with respect thereto are met.
227.715 Requirements for sale of certain consumer fireworks.
Except as provided in KRS 227.710, the consumer fireworks described in KRS 227.702 may be offered for sale, sold at retail, or kept with the intent to sell, only if the following requirements are met:
(1) Any person, firm, co-partnership, nonprofit, or business intending to sell consumer fireworks described in KRS 227.702(1) shall register annually with the state fire marshal, who may assess a fee of no more than twenty-five dollars ($25) for each site at which fireworks shall be sold. The registration requirement under this section shall not apply to permanent business establishments which are open year-round and in which the sale of fireworks is ancillary to the primary course of business. Each location shall be required to charge sales tax at the current rate imposed on retailers in KRS 139.200;
(2) Permanent business establishments open year-round and in which the sale of consumer fireworks is ancillary to the primary course of business shall only be permitted to sell those consumer fireworks described in KRS 227.702(1), or shall meet the criteria for “seasonal retailer” described in subsection (3) of this section;
(3) “Seasonal retailers” shall be defined as any person, firm, co-partnership, nonprofit, or corporation intending to sell “consumer fireworks “between June 10 and July 7, or December 26 and January 4 of each year or both, and shall include permanent businesses, temporary businesses, stores, stands, or tents. A seasonal retailer shall register with the state fire marshal, who may assess a fee of no more than two hundred fifty dollars ($250) for each site at which fireworks shall be sold. Each location shall be required to charge sales tax at the current rate imposed on retailers in KRS 139.200;
(4) Any person, firm, co-partnership, nonprofit, or corporation intending to sell consumer fireworks, as defined in KRS 227.702(2) and (3) as the primary source of business, that is not a seasonal retailer as defined in subsection (3) of this section, shall register with the state fire marshal, who may assess a fee of no more than five hundred dollars ($500) for each site at which fireworks will be sold. Each location shall be required to charge sales tax at the current rate imposed on retailers in KRS 139.200;
(5) The annual registration required by this section shall be received by the state fire marshal at least fifteen (15) days prior to offering fireworks for sale at the site for which the registration is intended. Evidence that a sale and use tax permit has been obtained from the Department of Revenue shall be presented to the state fire marshal as a condition of registration. If the registration is received less than fifteen (15) days prior to offering fireworks for sale at the site for which registration is intended, an additional assessment of one hundred dollars ($100) shall be added to the initial fee;
(6) Each site at which fireworks are offered for sale shall have its registration certificate displayed in a conspicuous location at the site;
(7) Each site at which fireworks are offered for sale shall comply with all applicable provisions of the International Building Code, with Kentucky Amendments (adopted edition), and NFPA 1124 (National Fire Protection Association) –Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles (adopted edition);
(8) No person or business shall give, offer for sale, or sell any consumer fireworks listed in KRS 227.702 to any person under eighteen (18) years of age;
(9) No person under eighteen (18) years of age may be employed by a fireworks distribution facility or manufacturing facility. No person under eighteen (18) years of age shall sell consumer fireworks at a consumer fireworks retail sales facility registered under this section unless the individual is supervised by a parent or guardian;
(10) The state fire marshal may revoke the registration of any site which is in violation of a requirement of this section, or any other requirement provided pursuant to this chapter. If the violation renders any property especially susceptible to fire loss, and there is present such hazard to human life or limb that the public safety imperatively requires emergency action, the state fire marshal may take that action, as provided in KRS 227.330(6); and
(11) A person lawfully possessing consumer fireworks, as defined in KRS 227.702(2) and (3) may use those items if:
(a)He or she is at least eighteen (18) years of age;
(b)Fireworks are not ignited within two hundred (200) feet of any structure, vehicle, or any other person; and
(c)Use of the fireworks does not place him or her in violation of any lawfully enacted local ordinance

PART VII A. FIREWORKS

§650. Definitions

As used in this Part, the following terms shall have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:

(1) “Assembler” means any person engaged in the making of fireworks from component parts.

(2) “Distributor” means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer or both.

(3) “Importer” means any person who imports, brings in, or causes to be brought in any fireworks from outside the state of Louisiana into the state of Louisiana. “Importer” does not include a jobber or retailer who purchases fireworks from a distributor domiciled in Louisiana and who subsequently stores the fireworks in a warehouse outside of Louisiana with the intention of bringing the fireworks back into Louisiana after a short period of time to be distributed to other retailers in Louisiana or to be used in the purchaser’s retail business.

(4) “Jobber” means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail.

(5) “Manufacturer” means any person engaged in making or construction of pyrotechnic compounds or component parts.

(6) “Person” includes any firm, corporation, association, co-partnership, or one or more individuals.

(7) “Retailer” means any person engaged in the business of making sales of fireworks at retail to persons other than a distributor or a jobber.

(8) “Sale” includes barter, exchange, or gift or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.

(9) “Proximate display” includes all indoor displays and means a pyrotechnic public display involving the ignition of Fireworks 1.3G or Fireworks 1.4G for public viewing, where the audience is closer to the pyrotechnic devices than permitted by NFPA 1123 Code of Fireworks Display. The term does not include the use of Fireworks 1.4G by a retail consumer for private or personal viewing.

(10) “Public display” means the display of 1.4S, 1.4G, or 1.3G fireworks for any purpose relating to the amusement of the general public.

(11) “Pyrotechnic operator” means an individual who, by experience and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of Fireworks 1.3G.

(12) “Pyrotechnic special effects operator” means an individual who, by experience and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising proximate displays of Fireworks 1.3G, 1.4G, and 1.4S.

§651. Sale or use of permissible fireworks

A. It shall be unlawful for any individual, firm, partnership, or corporation to possess, sell, or offer for sale or use within the state of Louisiana any pyrotechnics commonly known as fireworks other than the permissible fireworks. Permissible fireworks, formally known as Class “C” “common fireworks”, consist of United States Department of Transportation classification codes UN 0336, 1.4G, or 1.4S and in addition includes “consumer fireworks” as defined by The Consumer Product Safety Commission and shall mean such articles of fireworks as are enumerated or may hereafter be enumerated by the United States Code of Federal Regulations: 49 CFR 173: Regulations of United States Department of Transportation for the transportation of explosives and other dangerous articles; 27 CFR 55: The Bureau of Alcohol, Tobacco and Firearms regulations of the commerce of explosives; and 16 CFR 1507: Consumer Product Safety Commission regulation of hazardous substances. In addition, any of the following enumerated devices shall also be permissible fireworks:

(1) Permissible fireworks spark showering devices, which include the following defined items:

(a) “Cone fountain”: A cardboard or heavy paper cone containing not more than fifty grams of pyrotechnic composition. When more than one cone is mounted on a common base the total pyrotechnic composition may not exceed two hundred grams.

(b) “Cylindrical fountain”: A cylindrical tube containing not more than seventy-five grams of pyrotechnic composition. When more than one tube is mounted on a common base, the total pyrotechnic composition may not exceed two hundred grams.

(c) “Flitter sparkler”: A narrow paper tube attached to a stick or wire and filled with not more than five grams of pyrotechnic composition.

(d) “Ground spinner”: A small device, which vents out of the orifice usually located on the side of the tube, composed of not more than twenty grams of pyrotechnic composition.

(e) “Illuminating torch” (either spike base or hand held): A cylindrical tube containing not more than one hundred grams of pyrotechnic composition. When more than one tube is mounted on a common base, the total pyrotechnic composition may not exceed two hundred grams.

(f) “Pyrotechnic wheel device”: One or more drivers in the form of a wheel which may be attached to a post or a tree by means of a nail or string. Each driver may contain not more than sixty grams of pyrotechnic composition. No wheel may contain more than two hundred grams total of pyrotechnic composition.

(g) “Toy smoke device”: A small plastic or paper item, containing not more than one hundred grams of pyrotechnic composition, that upon ignition produces white or colored smoke as the primary effect and is classed as 1.4G unless classed as 1.4S or is not regulated as explosives on the basis of examination and testing as specified in Part 173.56 of Title 49, Code of Federal Regulations.

(2) Permissible aerial devices shall include the following fireworks:

(a) “Helicopter aerial spinner”: A spinning device composed of a tube attached to a propeller or blade, which shall contain not more than twenty grams of chemical composition.

(b) “Mine or shell”: A tube device made of heavy cardboard or paper attached to a wooden or plastic base and containing not more than twenty grams of chemical composition plus not more than twenty grams of lift charge and not more than one hundred thirty milligrams of explosive composition per report. Total chemical composition, including lift charges, of any multiple tube device may not exceed two hundred grams.

(c) “Missile-type rocket”: A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability. Missiles shall not contain more than twenty grams of total chemical composition.

(d) “Roman candle”: A tube device containing not more than twenty grams of chemical composition and not more than ten balls per tube.

(e) “Sky rockets” and “bottle rockets”: Cylindrical tubes containing a total propellant charge each of more than four grams but less than twenty grams of chemical composition, a casing size of not less than five-eighths of an inch in outside diameter and a casing length of not less than two and seven-eighths inches, with an overall length of fifteen inches including the stick or greater length so as to assure stable flight, which shall be securely fastened by glue, staples, or wire or any other means which ensures the casing is securely attached to allow the stick to remain firmly attached during transportation, handling, and normal operation to the casing. Any sky rocket or bottle rocket which does not meet the requirements set forth in this Subsection shall be illegal.

(3) Permissible audible ground and audible aerial devices shall include the following fireworks:

(a) “Firecracker”: An audible ground device wrapped in paper or contained within a cardboard tube which has an explosive composition of not more than fifty milligrams.

(b) “Multiple tube fireworks”: Any audible aerial devices containing more than one cardboard tube, which shall not contain more than two hundred grams of total pyrotechnic composition, unless the tubes are securely attached to a wood or plastic base or other suitable base and the tubes are separate from each other on the base by a distance of at least half an inch (12.7 millimeters). The maximum total weight for any multiple tube device shall not exceed five hundred grams of pyrotechnic composition.

(4) Any component of any device enumerated as permissible fireworks in this Subsection that is designed to produce an audible effect other than a whistle shall not contain pyrotechnic composition in excess of two grains in weight, excluding propelling or expelling charges and no charge shall exceed one hundred thirty milligrams of explosive composition per report.

B. Any person who violates the provisions of this Section for the first time shall be fined two hundred fifty dollars by the fire marshal. For a second violation, the fire marshal shall fine the violator five hundred dollars. For a third violation within a thirty-six-month period, the fire marshal shall impose a penalty of no less than one thousand dollars and shall suspend or revoke the permit of the violator. Any permit suspended or revoked for a third violation shall not be renewed or reissued for a period of twenty-four months, and any person whose name appears on a permit which has been suspended or revoked shall not be allowed to apply for a new permit for a period of twenty- four months. Any person sanctioned for violating the provisions of this Section shall be entitled to reasonable notice and a hearing in accordance with the Administrative Procedure Act.

C. The provisions of this Section shall not apply to fireworks possessed, stored, or warehoused within the state of Louisiana for distribution and sale outside of the state of Louisiana.

§651.1. Possession, sale or use of certain fireworks prohibited

A. The provisions of R.S. 51:651 shall not be construed to authorize the possession, sale, use, or shipment into the state of the types of fireworks which are specifically prohibited by this Section.

B. It is unlawful for any person in the state of Louisiana to possess, sell, or use for any purpose whatsoever any of the following items of commercial fireworks: cherry bombs, tubular salutes, two-inch American-made salutes, firecrackers with casings the external dimensions of which exceed one and one-half inches in length or one-quarter of an inch in diameter, repeating bombs, aerial bombs, torpedoes which exceed three-eighths of an inch in diameter, Roman candles larger than ten ball, and sky rockets larger than six ounces. It is also unlawful for any person to ship into the state of Louisiana any of the above mentioned items for any purpose whatsoever.

C. The items of commercial fireworks enumerated in this Section shall not be considered as public display fireworks within the meaning of R.S. 51:655.

D. Whoever violates this Section shall, upon conviction, be fined not more than one thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both.

§652. Proper naming; certification on shipping cases; time for selling; exceptions; sale and storage in homes prohibited

A. No permissible articles of consumer fireworks enumerated in R.S. 51:651 shall be sold, offered for sale, or used in the state of Louisiana, unless it shall be properly named to conform to the nomenclature of R.S. 51:651 and unless it is certified on all shipping cases and by imprinting on the article or retail container “United States Department of Transportation UN 0336, 1.4G, 1.4S or consumer fireworks”. Such imprint shall be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.

B. Permissible items of fireworks, enumerated in R.S. 51:651 may be sold at retail from noon June twenty-fifth through midnight July fifth and noon December fifteenth through midnight January first of each year only, except that the term “fireworks” shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths (25/100) grains or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five hundredths (25/100) grains of explosive compounds, and the sale and use of which shall be permitted at all times.

C. Fireworks shall not be sold or stored for future sale at any inhabited dwelling, house, apartment, or other structure used in whole or in part as a home or place of abode by any person or persons.

§653. Storing and displaying of fireworks

A. The placing, storing, locating or displaying of fireworks in any place where the sun may shine through glass, which is not tinted, onto the fireworks is prohibited. The presence of lighted cigars, cigarettes, or pipes within ten feet of where the fireworks are offered for sale is prohibited. At all places where fireworks are stored or sold there shall be signs posted with the words “Fireworks …… No Smoking” in letters not less than four inches high.

B. The physical facility such as a fireworks stand, retail fast food outlet, or any other similar facility where fireworks are sold, offered for sale, or stored shall be located not less than fifty feet from any facility or mechanism where inflammable liquids are dispensed or stored above ground or where paint, oil, varnish, resin, turpentine, or other inflammable substances which may generate inflammable vapors are used, stored, or sold. No fireworks shall be exploded within seventy-five feet of any facility or mechanism where inflammable liquids are dispensed or stored above ground or within seventy-five feet of any location where fireworks are stored, sold, or offered for sale.

C. No open flame heating devices shall be permitted in any location where fireworks are sold at retail.

D. No sleeping shall be permitted in a facility where fireworks are sold, offered for sale, or stored.

E. There shall be a minimum of one unobstructed exit in any place where fireworks are sold at retail or offered for sale at retail or stored.

F. In any retail outlet except those that sell only fireworks, no fireworks shall be stored, displayed, or offered for sale within ten feet of any required exit unless the fireworks are stored or contained within a container which will resist fire from any outside source.

G. A facility for the sale at retail or storage of fireworks shall be located not less than twenty-five feet from a public roadway and shall not in any case be located on any public right of way.

H. The wiring in any facility for the sale at retail or storage of fireworks shall be in compliance with the National Electrical Code.

I. Any facility for the sale at retail or storage of fireworks shall have available one serviceable fire extinguisher in accordance with the regulation of the National Fire Protection Association and Louisiana Administrative Code 17-4:21.

§654. Sales to children under fifteen or to intoxicated or irresponsible persons prohibited; unlawful discharge; minimum age for employee; penalties

A. No person shall offer to sell or sell fireworks to a child known to be under the age of fifteen years or to any person known to be intoxicated or any person known to be irresponsible.

B. No person shall explode or ignite fireworks within one thousand feet of any church, hospital, asylum, school, public building, or fireworks retail location.

C. No person shall ignite or discharge fireworks in a motor vehicle or throw fireworks from a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both.

D. No person shall place an ignited article of fireworks in or throw an ignited article of fireworks at a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both.

E. No minor under the age of seventeen shall be employed in a facility where fireworks are sold at retail without complying with the regulations of the Louisiana Workforce Commission. The minor shall be subject to the restrictions placed on the number of hours of employment permitted minors by the Louisiana Workforce Commission.

§654. Sales to children under fifteen or to intoxicated or irresponsible persons prohibited; unlawful discharge; minimum age for employee; penalties

A. No person shall offer to sell or sell fireworks to a child known to be under the age of fifteen years or to any person known to be intoxicated or any person known to be irresponsible.

B. No person shall explode or ignite fireworks within one thousand feet of any church, hospital, asylum, school, public building, or fireworks retail location.

C. No person shall ignite or discharge fireworks in a motor vehicle or throw fireworks from a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both.

D. No person shall place an ignited article of fireworks in or throw an ignited article of fireworks at a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both.

E. No minor under the age of seventeen shall be employed in a facility where fireworks are sold at retail without complying with the regulations of the Louisiana Workforce Commission. The minor shall be subject to the restrictions placed on the number of hours of employment permitted minors by the Louisiana Workforce Commission.

§656. Permit to sell fireworks; application; fees; permit numbers

A. It shall be unlawful to sell, construct, or manufacture any items of fireworks without first obtaining a permit therefor to be issued by the state fire marshal.

B.(1) Prior to engaging in the sale of fireworks, an applicant shall submit to the state fire marshal an application on a form provided by the state fire marshal on or before April first of each year setting forth any facts and information as the state fire marshal may determine necessary and proper considering the requirements of public health, safety, and welfare. Prior to obtaining and in order to maintain a permit, the facilities of the permittee shall comply with the applicable provisions of the Life Safety Code and subsequent referenced standards as adopted by the state fire marshal under the requirements of R.S. 40:1578.6.

(2) The retail permit shall be effective for purchases of wholesale fireworks, and the permit shall be effective from the date of issuance through midnight December thirty-first of the applicable year. No retailer’s permit shall be issued under this Part from June twenty-fifth through July fifth nor from December fifteenth through January first of each year. All other permits issued under the provisions of this Section shall be valid from the date issued through midnight April first of the ensuing permit year. All applications filed after April first shall be assessed a late fee equal to the amount of the permit required by this Section.

C.(1) The applicant shall pay a permit fee for each type of business conducted and for each location at which the business is conducted, according to the following schedule:

(a) Manufacturer $10,000.00

(b) Assembler $1,000.00

(c) Distributor $2,000.00

(d) Importer $500.00

(e) Jobber $250.00

(f) Retailer $100.00

(2) Permit fees are due at the time of application to the state fire marshal and shall be used to pay for the cost of processing the application. Permit fees are not refundable if the application is denied.

(3) The retailer’s permit fee imposed under Paragraph (1) of this Subsection shall be used to pay the costs of processing the application and inspecting the retail premises by the office of state fire marshal, code enforcement and building safety.

D. The state fire marshal shall assign a permit number to each permit issued. The person to whom the permit is issued shall affix this number to all invoices issued or used by each manufacturer, assembler, distributor, importer, jobber, and retailer.

E. It shall be unlawful for a jobber or retailer who holds a permit issued under this Part to purchase fireworks from a distributor domiciled outside the state of Louisiana unless that distributor can show proof that he holds a valid permit issued under this Part to perform the functions of a distributor and importer. If the distributor does not hold a valid permit then the jobber or retailer shall become liable for the permit and shall immediately purchase a permit from the office of state fire marshal.

§657. Persons and uses excepted

Nothing in this Part shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.

§658. Penalties

A.(1) No manufacturer, assembler, distributor, importer, jobber, or retailer shall operate within the state of Louisiana without proper permit.

(2) A person found operating within the state of Louisiana without a proper permit shall immediately cease the sale of fireworks upon the lawful order of the state fire marshal, a certified local authority of the fire marshal, or any local law enforcement official until such time as an application for permit has been made to the state fire marshal as required in R.S. 51:656 and subsequently granted. The application for a retail permit shall be notarized and shall attest that each location on the application is situated in a jurisdiction which allows legal retail fireworks sales, that no open flame heating devices are located at any listed location, that there are no facilities for sleeping and sleeping is not allowed in any listed location, and that no listed location is used for residential purposes or for other than the purpose of making retail sales of fireworks. Violation by transmission of a false statement or false representation of any information required by this Paragraph may be prosecuted pursuant to R.S. 14:125 and shall be the basis for revocation of all permits held by the applicant.

(3) The refusal of any person to cease sales and obtain a permit or the failure of any person to comply with a lawful order of the state fire marshal, a certified local authority of the fire marshal, or any local law enforcement official, may be cause for the seizure of any merchandise and equipment of the person found in violation at any physical location. Those items seized shall be retained until otherwise directed by a court of competent jurisdiction. If the state fire marshal, a certified local authority of the fire marshal, or a local law enforcement official is not otherwise ordered by a court of competent jurisdiction within ninety days of the date of seizure to return the items seized, then the state fire marshal, certified local authority, or local law enforcement official may destroy or dispose of the seized items in such a manner which, in their discretion, they deem suitable in order to protect the public safety.

B. A person who violates any provision of this Part, with the exception of the penalties specifically imposed herein, shall upon conviction be subject to a fine of not more than one thousand dollars or imprisonment for not more than six months, or both. Each day’s violation constitutes a separate offense and may be punished as such at the discretion of the court. Each separate physical location in violation of this Part also constitutes a separate offense and may be punished as such at the discretion of the court.

§659. Local licensing by parish or municipality

The governing authority of a parish or municipality is authorized to require and issue local licenses to retailers, similar to permits issued by the state fire marshal, and may charge and collect fees not in excess of the fees authorized for collection by the state fire marshal pursuant to this Part. However, any parish or municipality which on January 1, 1984, was charging a fee in excess of the fee authorized by this Section shall be permitted to continue to charge and collect such fee.

§660. Local governing authorities; regulation or prohibition of sale, use, and possession of pyrotechnics or fireworks

The governing authority of a parish or municipality is hereby authorized to regulate or prohibit the sale, use, and possession of pyrotechnics commonly known as fireworks in conformity with the provisions of this Part.

Title 8: AMUSEMENTS AND SPORTS

Chapter 9-A: FIREWORKS

§221-A. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1. Commissioner. “Commissioner” means the Commissioner of Public Safety or a designee.

1-A. Consumer fireworks. “Consumer fireworks” has the same meaning as in 27 Code of Federal Regulations, Section 555.11 or subsequent provision, but includes only products that are tested and certified by a 3rd-party testing laboratory as conforming with United States Consumer Product Safety Commission standards, in accordance with 15 United States Code, Chapter 47. “Consumer fireworks” does not include the following products:

A. Missile-type rockets, as defined by the State Fire Marshal by rule;

B. Helicopters and aerial spinners, as defined by the State Fire Marshal by rule; and

C. Sky rockets and bottle rockets. For purposes of this paragraph, “sky rockets and bottle rockets” means cylindrical tubes containing not more than 20 grams of chemical composition, as defined by the State Fire Marshal by rule, with a wooden stick attached for guidance and stability that rise into the air upon ignition and that may produce a burst of color or sound at or near the height of flight.

2. Department. “Department” means the Department of Public Safety.

3. Display. “Display” means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of fireworks or special effects. “Display” includes a special effects display.

3-A. Fire safety official. “Fire safety official” means a state or municipal official who has authority to enforce life and fire safety laws, statutes, ordinances, rules or regulations.

4. Fireworks. “Fireworks” means any:

A. Combustible or explosive composition or substance;

B. Combination of explosive compositions or substances;

C. Other article that was prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, including blank cartridges or toy cannons in which explosives are used, the type of balloon that requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, roman candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents and other fireworks of like construction;

D. Fireworks containing any explosive or flammable compound; or

E. Tablets or other device containing any explosive substance or flammable compound.

The term “fireworks” does not include consumer fireworks or toy pistols, toy canes, toy guns or other devices in which paper caps or plastic caps containing 25/100 grains or less of explosive compound are used if they are constructed so that the hand can not come in contact with the cap when in place for the explosion, toy pistol paper caps or plastic caps that contain less than 20/100 grains of explosive mixture, sparklers that do not contain magnesium chlorates or perchlorates or signal, antique or replica cannons if no projectile is fired.

5. Fireworks technician. “Fireworks technician” means a person licensed pursuant to section 231 who, by examination, experience and training, has demonstrated the required skill and competence in the use and discharge of fireworks to conduct a display or special effects display. A fireworks technician is the person who is responsible for safety, setting up and conducting the display.

6. Permit. “Permit” means the nontransferable permission granted by the commissioner pursuant to section 227-A to hold a display.

7. Person. “Person” means any individual, combination of individuals, association, municipality, amusement park or other legal or commercial entity.

8. Possession. “Possession” means the intentional or knowing possession of what the possessor knows or believes to be fireworks.

9. Sale or sell. “Sale” or “sell” means any transfer or delivery of fireworks to a person for consideration.

10. Special effects display. “Special effects display” means an entertainment feature using pyrotechnics manufactured or designed to be used with or discharged in conjunction with theatrical, musical or similar productions. “Special effects display” includes the indoor use of pyrotechnics before a proximate audience.

11. Value. “Value” is determined in accordance with Title 17-A, section 352, subsection 5.

§222. Possession of fireworks

1. Possession prohibited. A person may not possess or have under that person’s control fireworks.

2. Value does not exceed $100. If the value of the fireworks does not exceed $100, a person who violates subsection 1 commits a civil violation for which a fine of not more than $50 may be adjudged.

3. Value exceeds $100. If the value of the fireworks exceeds $100, a person who violates subsection 1 commits a Class E crime.

4. Exception. This section does not apply to a person issued a permit pursuant to section 227-A.

§223. Sale of fireworks

1. Sale of fireworks prohibited. Except for the sale of consumer fireworks under section 223‐A, a person may not sell, possess with the intent to sell or offer for sale fireworks.

2. Value exceeds $5,000. If the value of the fireworks exceeds $5,000, a person who violates subsection 1 commits a Class B crime.

3. Value exceeds $1,000. If the value of the fireworks exceeds $1,000 but does not exceed $5,000, a person who violates subsection 1 commits a Class C crime.

4. Value does not exceed $1,000. If the value of the fireworks does not exceed $1,000, a person who violates subsection 1 commits a Class D crime.

5. Value.

§223-A. Sale of consumer fireworks

1. Sale of consumer fireworks. A person may not sell consumer fireworks unless that person is 21 years of age or older and possesses:

A. A federal permit to sell fireworks under 18 United States Code, Section 843;

B. A license under subsection 3; and

C. A municipal permit if required under subsection 2.

2. Municipalities. The legislative body of a municipality may adopt an ordinance to prohibit or restrict the sale or use of consumer fireworks within the municipality. Municipalities that prohibit or restrict the sale or use of consumer fireworks shall provide to the Office of the State Fire Marshal a copy of the relevant restriction or prohibition within 60 days of adoption. A municipality may require that a person obtain a municipal permit for selling consumer fireworks within the municipality. A municipality that chooses to issue municipal permits under this subsection shall notify the Office of the State Fire Marshal at least 60 days prior to the initiation of its permitting program for the sale of consumer fireworks. A municipal permit may not be issued unless:

A. The applicant is 21 years of age or older;

B. The applicant applies for a permit under this subsection on a form prescribed by the commissioner;

C. The applicant possesses the federal permit required under subsection 1, paragraph A;

D. The applicant complies with the provisions of subsection 4; and

E. The application is approved by the municipality’s police chief, fire chief and code enforcement officer if those positions exist.

A municipality may require a reasonable fee for a permit issued under this subsection. A person holding a permit issued by a municipality under this subsection may not sell consumer fireworks unless the person satisfies all the requirements of subsection 1.

3. State license. The commissioner may issue a license to sell consumer fireworks to an applicant who:

A. Is 21 years of age or older;

B. Possesses the permits required under subsection 1, paragraphs A and C;

C. Complies with the provisions of subsection 4; and

D. Has not been convicted of an offense or violated a state, federal or municipal law, rule or regulation involving fireworks or explosives within the 2 years prior to the application.

The commissioner shall charge a fee of $5,000 for the initial license issued to an applicant and $1,500 for each annual license renewal. The term of a license is one year. A separate license is required for each location at which an applicant seeks to sell consumer fireworks. Fees collected under this subsection must be deposited in a nonlapsing account of the Office of the State Fire Marshal to be used for the purpose of enforcing this section.

4. Storage and handling. A person authorized to sell consumer fireworks under subsection 1 may store and sell the fireworks only in a permanent, fixed, stand-alone building dedicated solely to the storage and sale of consumer fireworks in accordance with this subsection.

A. The building must be constructed, maintained and operated, and all consumer fireworks must be stored, in compliance with the requirements of National Fire Protection Association Standard 1124, as adopted by the Office of the State Fire Marshal, relevant building codes, zoning ordinances and other municipal ordinances.

B. The building may not be less than 60 feet from another permanent building and may not be less than 300 feet from a structure at which gasoline, propane or other flammable material is sold or dispensed.

C. Cigarettes, tobacco products or lighters or other flame‐producing devices may not be permitted in the building.

D. A person under 21 years of age may not be admitted to the building unless accompanied by a parent or guardian.

E. Notwithstanding paragraph D, a person at least 18 years of age may handle and sell consumer fireworks if the person is under the direct supervision of a person 21 years of age or older.

5. Insurance. A person authorized to sell consumer fireworks under subsection 1 shall at all times maintain public liability and product liability insurance with minimum coverage limits of $2,000,000 to cover the losses, damages or injuries that might ensue to persons or property as a result of the person selling consumer fireworks.

6. Advertising. A person may not advertise the sale of consumer fireworks in a way that is misleading about the conditions under which consumer fireworks may be purchased or used or about the requirements of this section. An advertisement for the sale of consumer fireworks must contain the words “Check with your local fire department to see if consumer fireworks are allowed in your community” in a conspicuous location and in a consistent font as approved by the commissioner.

7. Civil liability. A person who violates the provisions of this section is liable in a civil action for damages for bodily injury or property damage resulting from violation, and the defenses under Title 14, section 156 or a defense based on assumption of risk may not be used by the person.

8. Restrictions on use of consumer fireworks. The use of consumer fireworks is governed by this subsection.

A. Consumer fireworks may be used between the hours of 9:00 a.m. and 10:00 p.m., except that on the following dates they may be used between the hours of 9:00 a.m. and 12:30 a.m. the following day:

(1) July 4th;

(2) December 31st; and

(3) The weekends immediately before and after July 4th and December 31st.

B. A person may use consumer fireworks only on that person’s property or on the property of a person who has consented to the use of consumer fireworks on that property.

A person who violates this subsection commits a civil violation for which a fine of not less than $50 and not more than $500, plus court costs, may be adjudged for any one offense.

9. Enforcement against licensees. The commissioner, a state law enforcement officer, a municipal law enforcement officer, a code enforcement officer or a fire safety official may petition the Superior Court or District Court to seize or remove at the expense of a licensee consumer fireworks sold, offered for sale, stored, possessed or used in violation of this section. The commissioner may immediately suspend a license granted under subsection 3 for a violation of this section. A person whose license is suspended under this subsection must receive a hearing within 10 days of the suspension under Title 5, chapter 375, subchapter 4. A person whose license is suspended under this subsection may not receive a license under subsection 3 for a period of at least one year from the date of suspension.

10. Disclosures to customers. A person authorized to sell consumer fireworks shall provide to the purchaser at the point of sale written guidelines describing the safe and proper use of consumer fireworks. The guidelines must also include the following statements in a conspicuous location: “MAINE LAW EXPRESSLY PROHIBITS PERSONS UNDER 21 YEARS OF AGE FROM PURCHASING, POSSESSING OR USING CONSUMER FIREWORKS” and “FURNISHING CONSUMER FIREWORKS TO PERSONS UNDER 21 YEARS OF AGE IS A CRIMINAL OFFENSE IN MAINE.” Such guidelines must be published or approved by the commissioner prior to distribution.

11. Prohibited acts. This subsection governs prohibited acts.

A. A person may not sell consumer fireworks within the State unless that person holds a valid license or is an employee or agent of a person that holds a valid license.

B. A person licensed to sell consumer fireworks under this chapter may not sell consumer fireworks to a person under 21 years of age or who appears to be under the influence of alcohol or drugs.

C. Except as specifically allowed under subsection 4, paragraph E, a person may not knowingly:

(1) Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver consumer fireworks for or to a person under 21 years of age; or

(2) Allow a person under 21 years of age under that person’s control or in a place under that person’s control to possess or use consumer fireworks.

D. A person under 21 years of age may not purchase, use or possess consumer fireworks within the State or present to a person licensed to sell consumer fireworks any evidence of age that is false, fraudulent or not actually the person’s own for the purpose of purchasing consumer fireworks.

It is an affirmative defense to prosecution for a violation of paragraph B or C that the licensee sold consumer fireworks to a person under 21 years of age in reasonable reliance upon fraudulent proof of age presented by the purchaser.

12. Violations. The following penalties apply to violations of subsection 11.

A. A person who violates subsection 11, paragraph A, B or C commits a Class D crime. If the violation involves furnishing consumer fireworks to a minor, a fine of not less than $500 must be imposed in addition to any term of imprisonment the court may impose. If a person violates subsection 11, paragraph A, B or C after having been convicted of violating the same paragraph one or more times within the previous 6‐year period, a fine of not less than $1,000 must be imposed in addition to any term of imprisonment the court may impose.

B. A person who violates subsection 11, paragraph D commits a civil violation for which a fine of not less than $200 and not more than $400 must be imposed. If the person has been previously convicted of violating subsection 11, paragraph D one or more times, a fine of not less than $300 and not more than $600 must be imposed.

Fines collected under this subsection must be deposited in a nonlapsing account of the Office of the State Fire Marshal to be used for the purpose of enforcing this section.

13. Annual report to the Legislature. Beginning in 2013, the Office of the State Fire Marshal shall submit to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters a written report regarding the sale and use of consumer fireworks in this State. The report must, at a minimum, include information on the issuance and oversight of licenses to sell consumer fireworks, reported consumer fireworks-related injuries, reported consumer fireworks-related fires or other property damage and municipal restrictions or prohibitions on the sale or use of consumer fireworks. The report must be submitted not later than March 1st each year.

§224. Storage and manufacture of fireworks

1. Storage. A person may not store fireworks in a building or structure outside the premises of a fireworks manufactory if that building or other structure is located within 1,000 feet of any church, hospital, theatre, hall, place of assembly, workshop, factory or any inhabited building unless rules adopted by the commissioner permit storage in that building or structure.

2. Certificate of public liability insurance required for manufacture. A person may not manufacture fireworks without first furnishing the Commissioner of Public Safety, in an amount to be determined by the commissioner, a certificate of public liability insurance to cover the losses, damages or injuries to persons or property that might result.

3. Penalty. A person who violates this section commits a Class E crime.

4. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

§225. Transportation of fireworks

1. Transportation of fireworks. A person may not transport fireworks in a motor vehicle or conveyance except as permitted by the rules adopted by the commissioner.

2. Penalty. A person who violates this section commits a Class E crime.

3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

§228. Application of provisions

1. Firecrackers and pyrotechnical ship or railway signals. Firecrackers and pyrotechnical ship or railway signals are included and classed as fireworks, but sections 222, 224 and 225 do not apply to the storage of pyrotechnical ship or railway signals nor to the discharge, firing or exploding of the signals when used for the protection of life and property.

2. Exceptions. This chapter does not apply:

A. To any article named in this chapter to be shipped directly out of the State;

C. To the sale of flares, lanterns or fireworks for use by railroads, railways, boats, motor vehicles or other transportation agencies, or other activity lawfully permitted or required to use any or all of the articles named in this chapter for signal purposes, illumination or otherwise;

D. To the sale or use of blank cartridges for signal or ceremonial purposes in athletics or sports;

E. To experiments at a factory for explosives;

F. To the sale of blank cartridges for use by the militia or any organization of war veterans or other organizations authorized by law to parade in public a color guard armed with firearms;

G. In teaching the use of firearms; or

H. To the sale of shells for firearms, cartridges, gunpowder and explosives for the purpose of any legal use of firearms.

§230. Appeals

Any person aggrieved by any decision of the Commissioner of Public Safety may appeal the decision to the Superior Court within 30 days. The court shall immediately, after notice and hearing, affirm or reverse the commissioner’s decision. The finding of the Superior Court may be reviewed by appeal to the Supreme Judicial Court sitting as the Law Court.

§231. Fireworks technician license qualifications

A person may not act as a fireworks technician unless the person meets the qualifications specified in this section and obtains a license. The person must:

1. Age. Be at least 21 years of age;

2. Citizenship. Be a citizen or resident alien of the United States;

3. Experience. Have experience and training working under the direction of a fireworks technician during at least 5 displays, or comparable experience as determined by the department;

4. Character. Be of good moral character as determined by the department and not have been convicted of a crime that is punishable by a maximum term of imprisonment equal to or exceeding one year. In making the determination of good moral character, the commissioner shall consider matters recorded within the previous 5 years, including, but not limited to:

A. Records of incidents of abuse by the applicant of family or household members provided pursuant to Title 19-A, section 4012, subsection 1;

B. Records provided by the Department of Health and Human Services regarding the failure of the applicant to meet child or family support obligations;

C. Records of 3 or more convictions of the applicant for Class D or Class E crimes;

D. Records of 3 or more civil violations by the applicant; and

E. Records that the applicant has engaged in recklessness or negligence that endangered the safety of others;

5. Examination. Successfully complete a written examination administered by the department encompassing fireworks and the conduct of displays; and

6. Application. Submit an application to the department that contains:

A. The applicant’s full name, full current address, social security number and date of birth; and

B. A statement granting the commissioner authority to check the criminal records of the applicant.

§232. Fees

All license and permit fees received pursuant to this chapter by the department must be used for carrying out this chapter. Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purpose in the following fiscal years.

1. Fee for fireworks technician. The fee for an initial fireworks technician license is $180. The fee for renewal of the license is $25.

§233. Renewal of license

Each fireworks technician license is valid for a term of one year. Unless revoked or suspended, the license is renewable annually.

1. Complete application required. A licensee shall submit a complete application for renewal at least 30 days prior to the expiration of a license under this chapter. An application is not complete unless it includes all materials required to be evaluated for licensure.

2. Renewal submitted within 90 days following license expiration. Notwithstanding subsection 1, a person may renew a license under this chapter for up to 90 days after the date of expiration of the license. The 90-day period does not postpone the expiration date of the existing license. A licensee whose license has lapsed may not work as a fireworks technician until a renewed license is issued.

3. Renewal submitted more than 90 days following license expiration. An application for license renewal under this section submitted more than 90 days after the license expiration date is considered an application for a new license and is subject to all requirements governing a new application.

§234. Denial; suspension; revocation; grounds

The commissioner may, after a hearing in conformance with applicable provisions of the Maine Administrative Procedure Act, suspend or revoke a license issued under this chapter. The following are grounds for denial, suspension or revocation of a license: [1999, c. 671, §12 (NEW).]

1. Fraud or deceit. The practice of fraud or deceit in obtaining a license under this chapter or in the performance of services within the scope of the license issued;

2. Conviction of certain crimes. Conviction of a crime that relates directly to the practice for which the person is licensed or conviction of a crime for which incarceration for one year or more may be imposed;

3. Violation of chapter or rule. A violation of this chapter or a rule adopted by the commissioner;

4. Aiding or abetting unlicensed practice. Aiding or abetting the practice of displaying or discharging fireworks by a person not duly licensed under this chapter; or

5. Incompetence. Incompetence in the practice of displaying or discharging fireworks. A licensee is considered incompetent in the practice if the licensee has:

A. Engaged in professional conduct that evidences a lack of ability or fitness to perform the duties for which that licensee is licensed; or

B. Engaged in professional conduct that evidences a lack of knowledge of, or inability to apply, appropriate principles or skills to carry out the practice for which that licensee is licensed.

§235. Suspension by commissioner

1. Immediate suspension. If the commissioner has probable cause to believe that a person licensed under this chapter poses, because of gross negligence in the performance of duties associated with the license, an immediate threat to the public, the commissioner shall immediately suspend that person’s license.

2. Duration of suspension. A suspension remains in effect for 30 days unless a revocation procedure under section 234 is commenced within the 30 days, in which case the suspension continues until the revocation procedure is complete.

§236. Adoption of rules

1. Routine technical rules. The commissioner may adopt rules concerning the sale, use, storage, transportation and display of consumer fireworks, fireworks and special effect pyrotechnics and to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‐A.

2. Major substantive rules. After December 31, 2013, the commissioner may adopt rules governing the reporting of consumer fireworks-related injuries by health care providers. Rules adopted pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‐A.

§237. Seizure, forfeiture and disposal of fireworks

1. Seizure of fireworks. A law enforcement officer may seize fireworks that the law enforcement officer has probable cause to believe are:

A. Stored, sold, manufactured, transported or found in any person’s possession in violation of this chapter;

B. Shipped by common carrier in violation of this chapter to the address of a person in the State; or

C. Surrendered to or otherwise lawfully acquired by a law enforcement agency when there is no permitted claimant under this chapter.

2. Forfeiture of seized fireworks. All fireworks lawfully seized under this section are contraband and are forfeited to the State.

3. Disposal of forfeited fireworks. The commissioner may dispose of fireworks forfeited to the State under this section in any lawful manner considered appropriate by the commissioner, including, but not limited to, by their auction or destruction or by using them for training purposes.

4. Exceptions. This section does not apply to:

A. Fireworks stored by, manufactured by, transported by, shipped by common carrier to, sold to or in the possession of a person issued a permit pursuant to section 227-A; or

B. Fireworks otherwise permitted or exempted under this chapter.

5. Procedure. The following governs the process of disposing of fireworks seized pursuant to this section.

A. As soon as reasonably possible following a seizure under subsection 1, the law enforcement officer or agency effecting the seizure shall cross-reference the commissioner’s permit records to determine whether a permit exception applies.

B. If a review of the permit records pursuant to paragraph A discloses that the fireworks were lawfully possessed, sold, stored, transported or manufactured, then the seizing agency shall return them to the lawful possessor as soon as reasonably possible.

C. A public notice is not required to effect a lawful seizure, forfeiture and disposal if no permit exception applies.

MICHIGAN FIREWORKS SAFETY ACT

Act 256 of 2011

28.451 Short title.

Sec. 1. This act shall be known and may be cited as the “Michigan fireworks safety act”.

28.452 Definitions.

Sec. 2. As used in this act:

(a) “Agricultural and wildlife fireworks” means fireworks devices distributed to farmers, ranchers, and

growers through a wildlife management program administered by the United States department of the interior or the

department of natural resources of this state.

(b) “APA standard 87-1” means 2001 APA standard 87-1, standard for construction and approval for

transportation of fireworks, novelties, and theatrical pyrotechnics, published by the American pyrotechnics

association of Bethesda, Maryland.

(c) “Articles pyrotechnic” means pyrotechnic devices for professional use that are similar to consumer

fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits

for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 CFR

172.101.

(d) “Citation” means that term as described in section 17a.

(e) “Commercial manufacturer” means a person engaged in the manufacture of consumer fireworks.

(f) “Consumer fireworks” means fireworks devices that are designed to produce visible effects by

combustion, that are required to comply with the construction, chemical composition, and labeling regulations

promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that

are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.

(g) “Consumer fireworks certificate” means a certificate issued under section 4.

(h) “Department” means the department of licensing and regulatory affairs.

(i) “Display fireworks” means large fireworks devices that are explosive materials intended for use in

fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as

provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.

(j) “Firework” or “fireworks” means any composition or device, except for a starting pistol, a flare gun, or a

flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation.

Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special

effects.

(k) “Fireworks safety fund” means the fireworks safety fund created in section 11.

(l) “Local unit of government” means a city, village, or township.

(m) “Low-impact fireworks” means ground and handheld sparkling devices as that phrase is defined under

APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.

(n) “Minor” means an individual who is less than 18 years of age.

(o) “NFPA” means the national fire protection association headquartered at 1 Batterymarch Park, Quincy,

Massachusetts.

(p) “NFPA 1” means the uniform fire code, 2006 edition, developed by NFPA.

(q) “NFPA 72” means the “National Fire Alarm Code”, 2002 edition, developed by NFPA.

(r) “NFPA 101” means the “Life Safety Code”, 2009 edition, developed by NFPA.

(s) “NFPA 1123” means the “Code for Fireworks Display”, 2010 edition, developed by NFPA.

(t) “NFPA 1124” means the “Code for the Manufacture, Transportation, Storage, and Retail Sales of

Fireworks and Pyrotechnic Articles”, 2006 edition, developed by NFPA.

(u) “NFPA 1126” means the “Standard for the Use of Pyrotechnics Before a Proximate Audience”, 2011

edition, developed by NFPA.

(v) “Novelties” means that term as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and

3.2.5 and all of the following:

(i) Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not

more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive

content per cap.

(ii) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as

described in subparagraph (i) are used, that are constructed so that the hand cannot come in contact with the cap

when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by

the explosion.

(iii) Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.

(iv) Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12

pieces per box for retail sale and if the manufacturer’s name and the quantity contained in each box are printed on

the box; and toy smoke devices.

(w) “Permanent building or structure” is a building or structure that is affixed to a foundation on a site that

has fixed utility connections and that is intended to remain on the site for more than 180 consecutive calendar days.

(x) “Person” means an individual, agent, association, charitable organization, company, limited liability

company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any

other legal or commercial entity.

(y) “Retailer” means a person who sells consumer fireworks or low-impact fireworks for resale to an

individual for ultimate use.

(z) “Retail location” means a facility listed under NFPA 1124, 7.1.2.

(aa) “Rule” means that term as defined in section 7 of the administrative procedures act of 1969, 1969 PA

306, MCL 24.207, that was promulgated by the department.

(bb) “Serious impairment of a body function” means that term as defined in section 58c of the Michigan

vehicle code, 1949 PA 300, MCL 257.58c.

(cc) “Serious violation” means a violation of this act, an order issued under this act, or a rule promulgated

or adopted by reference under this act for which a substantial probability exists that death or serious impairment of a

body function to a person other than the violator may result unless the violator did not and could not, with the

exercise of reasonable diligence, know of the presence of the violation.

(dd) “Special effects” means a combination of chemical elements or chemical compounds capable of

burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual,

mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production

or live entertainment.

(ee) “State fire marshal” means the state fire marshal appointed under section 1b of the fire prevention

code, 1941 PA 207, MCL 29.1b.

(ff) “Warehouse” means a permanent building or structure used primarily for the storage of consumer

fireworks or low-impact fireworks.

(gg) “Wholesaler” means any person who sells consumer fireworks or low-impact fireworks to a retailer or

any other person for resale. Wholesaler does not include a person who sells only display fireworks or special effects.

28.453 Novelties; inapplicability of act.

Sec. 3. This act does not apply to novelties. Nothing in this act allows a local unit of government to enact or

enforce an ordinance, code, or regulation pertaining to, or in any manner regulating, the sale, storage, display for

sale, transportation, use, or distribution of novelties.

28.454 Sale of consumer fireworks; certificate required; violation as misdemeanor; penalty; application;

requirements; issuance; validity; issuance of original or renewal certificate; sales tax license information; denial;

transfer; display; prohibition; location or address; disposition of fees.

Sec. 4.

(1) A person shall not sell consumer fireworks unless the person annually obtains and maintains a

consumer fireworks certificate from the department under this section. A person who knows, or should know, that

he or she is required to comply with this subsection and who fails or neglects to do so is guilty of a misdemeanor

punishable by imprisonment for not more than 2 years or a fine, or both, with the fine as follows:

(a) For a first violation of this subsection, not more than $5,000.00.

(b) For a second violation of this subsection, not more than $20,000.00.

(c) For a third or subsequent violation of this subsection, not more than $40,000.00.

(2) An application for a consumer fireworks certificate shall meet all of the following requirements:

(a) The application shall be submitted no later than April 1 of each year in which consumer fireworks are to

be sold.

(b) The application shall list the name and address of each retail location from which consumer fireworks

are to be sold.

(c) The application shall be accompanied by a fee of $1,000.00 for a certificate for each retail location that

is a permanent building or structure or $600.00 for each retail location that is not a permanent building or structure.

The fireworks certificate fee required to be paid for a retail location that is not a permanent building or structure

shall not exceed 60% of the fireworks certificate fee for a retail location that is a permanent building or structure.

(d) The application shall be accompanied by a copy of the applicant’s current sales tax license, including

the applicant’s account number, issued by the department of treasury for each retail location where consumer

fireworks are to be sold by the applicant.

(3) A consumer fireworks certificate issued under this section is valid from the date of issue until April 30

of the year after it was issued. A person may renew a consumer fireworks certificate for a retail location by making

application in the same manner as provided under subsection (2). However, the department shall not issue a renewal

consumer fireworks certificate unless the department determines that the applicant properly remitted all of the

fireworks safety fees required to be paid in the preceding year. The department shall provide to the department of

treasury the sales tax license information received from the applicant and any additional information as may be

necessary to allow the department of treasury to confirm that each sales tax license submitted by the applicant is

current and valid. The department shall enter into an agreement with the department of treasury under section 28(1)

of 1941 PA 122, MCL 205.28, that will allow the department of treasury to provide that information to the

department. The department shall not issue an original or renewal consumer fireworks certificate to an applicant

until the department of treasury has confirmed to the department that each sales tax license submitted by the

applicant is current and valid, and that the applicant is otherwise eligible to obtain a consumer fireworks certificate

under this act.

(4) Not more than 30 days after an application is submitted to the department under this section, the

department shall issue or deny issuance of a consumer fireworks certificate to the applicant and, if issuance is

denied, shall indicate to the applicant the reason for denial.

(5) If the department denies issuance of a consumer fireworks certificate under this section, the applicant

may cure any defect of the application within 45 days after the denial without paying an additional fee. The

department shall not unreasonably delay or deny an application under this section.

(6) A consumer fireworks certificate is transferable upon approval by the department and the payment of a

$25.00 transfer fee. However, the department shall not approve the transfer of a consumer fireworks certificate

unless the transferee satisfies eligibility requirements for an original consumer fireworks certificate under this act.

(7) The holder of a consumer fireworks certificate shall prominently display the original or copy of the

certificate in the appropriate retail location. A person that violates this subsection is responsible for a civil fine of

$100.00. Each day that the consumer fireworks certificate is not displayed as required under this subsection is a

separate violation.

(8) The department shall not issue a consumer fireworks certificate to a person that is ineligible under this

act.

(9) The face of the consumer fireworks certificate shall indicate the location or address for which it was

issued.

(10) Fees collected under this section shall be deposited in the fireworks safety fund.

28.455 Sale of consumer fireworks from retail location; conditions; failure to comply; civil fine; insurance coverage.

Sec. 5.

(1) Consumer fireworks shall only be sold from a retail location if all of the following applicable conditions

are met:

(a) Except as provided in subdivision (b), a retail location satisfies the applicable requirements of NFPA

101 and NFPA 1124 not in conflict with this act, and the Stille-DeRossett-Hale single state construction code act,

1972 PA 230, MCL 125.1501 to 125.1531. However, any provision of the Stille-DeRossett-Hale single state

construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, that is inconsistent with the applicable

requirements of NFPA 101 and NFPA 1124 is superseded to the extent of the inconsistency or conflict.

(b) Beginning January 1, 2013, a permanent building or structure shall be equipped with a fire suppression

system in compliance with NFPA 1124.

(c) The retailer at that retail location is licensed under section 3 of the general sales tax act, 1933 PA 167,

MCL 205.53.

(d) The retailer has a valid federal taxpayer identification number issued by the federal department of the

treasury, internal revenue service. This requirement does not apply to a retailer that is a sole proprietorship.

(2) A person that knows, or should know, that he or she is required to comply with subsection (1) and who

fails or neglects to do so is responsible for a civil fine of $2,500.00 for each violation. Each day that a person is in

noncompliance constitutes a separate violation.

(3) During periods when consumer fireworks are sold, each retail location selling consumer fireworks

either shall be added as an additional insured, or public liability and product liability insurance coverage shall be

obtained and maintained, in an amount not less than $10,000,000.00 per occurrence. A person that knows, or should

know, that he or she is required to comply with this subsection and who fails or neglects to do so is liable for a civil

fine of not more than $5,000.00.

28.456 Website; establishment and maintenance by department; registration with low-impact fireworks retail

registry.

Sec. 6.

(1) The department shall establish and maintain, or cause to be created and maintained, an internet website

that has as its purpose the protection of the residents of this state who purchase, use, or transport fireworks. The

website shall include, at a minimum, both of the following:

(a) A list of every person and entity that is issued a consumer fireworks certificate under section 4.

(b) A low-impact fireworks retail registry. All of the following apply to the online low-impact fireworks

retail registry:

(i) It shall be maintained and operated at no cost to a user.

(ii) The cost of its maintenance and operation shall be paid with funds described in section 11(4).

(iii) It shall provide for instant registry without condition.

(2) Beginning February 1, 2012, a person shall not sell low-impact fireworks unless he or she registers with

the low-impact fireworks retail registry not less than 10 days before selling the fireworks in each calendar year.

(3) A person who sells low-impact fireworks at retail and who fails to register as described in this section

shall cease the sale of low-impact fireworks until the person complies with subsection (2).

28.457 Local ordinances.

Sec. 7.

(1) Except as provided in this act, a local unit of government shall not enact or enforce an ordinance, code,

or regulation pertaining to or in any manner regulating the sale, display, storage, transportation, or distribution of

fireworks regulated under this act.

(2) A local unit of government may enact an ordinance regulating the ignition, discharge, and use of

consumer fireworks, including, but not limited to, an ordinance prescribing the hours of the day or night during

which a person may ignite, discharge, or use consumer fireworks. If a local unit of government enacts an ordinance

under this subsection, the ordinance shall not regulate the ignition, discharge, or use of consumer fireworks on the

day preceding, the day of, or the day after a national holiday except as follows:

(a) A local unit of government with a population of 50,000 or more or a local unit of government located in

a county with a population of 750,000 or more may regulate the ignition, discharge, or use of consumer fireworks

between the hours of 12 midnight and 8 a.m. or between the hours of 1 a.m. and 8 a.m. on New Year’s day.

(b) A local unit of government with a population of less than 50,000 located in a county with a population

of less than 750,000 may regulate the ignition, discharge, or use of consumer fireworks between the hours of 1 a.m.

and 8 a.m.

(3) An ordinance under subsection (2) shall only impose a civil fine of not more than $500.00 for each

violation of the ordinance and no other fine or sanction.

28.458 Fireworks safety fee; imposition; payment; deposit in fireworks safety fund; failure to comply as

misdemeanor; fine.

Sec. 8.

(1) A user fee, known as the fireworks safety fee, is imposed on retail transactions made in this state for

consumer fireworks and low-impact fireworks as provided in section 9.

(2) A person that acquires consumer fireworks or low-impact fireworks in a retail transaction is liable for

the fireworks safety fee on the transaction and, except as otherwise provided in this act, shall pay the fireworks

safety fee to the retailer as a separate added amount to the consideration in the transaction. The retailer shall collect

the fireworks safety fee as an agent for the state.

(3) The fireworks safety fee shall be deposited in the fireworks safety fund.

(4) A person that knows or should know that he or she is required to comply with the requirements of

subsection (2) but fails to collect or remit a fireworks safety fee as required under this section is guilty of a

misdemeanor punishable by a fine as follows:

(a) For a first violation of this subsection, not more than $10,000.00.

(b) For a second violation of this subsection, not more than $20,000.00.

(c) For a third or subsequent violation of this subsection, not more than $40,000.00.

28.459 Fireworks safety fee; determination; rates; collection allowance.

Sec. 9.

(1) Except as provided in subsections (2) and (3), the fireworks safety fee is determined by the gross retail

income from consumer fireworks and low-impact fireworks received by a retail merchant in a retail unitary

transaction of consumer fireworks and low-impact fireworks and is imposed before any taxes are applied at the

following rates: FIREWORKS GROSS RETAIL INCOME

(2) On a retail unitary transaction in which the gross retail income received by the retail merchant is $1.04

or more, the fireworks safety fee is 6% of that gross retail income as determined before any taxes are applied.

(3) If the fireworks safety fee calculated under subsection (1) results in a fraction of 1/2 cent or more, the

amount of the fireworks safety fee shall be rounded to the next additional cent.

(4) The retailer whose retail location is a permanent building or structure may retain 1% of the fireworks

safety fees that the retailer collected under this section as a collection allowance.

28.460 Fireworks safety fees; remittance; forms; manner; payment liability; past due amounts; aggregate filing;

investigation.

Sec. 10.

(1) The retailer or person to whom a consumer fireworks certificate is issued is responsible for remitting all

fireworks safety fees as described in section 9 to the department on forms and in the manner prescribed by the

department; shall hold the fireworks safety fees collected in trust for the state until remitted to the state; and is

personally liable for the payment of the fireworks safety fee money to this state.

(2) The department may refer for collection to the department of treasury past due amounts of the fireworks

safety fee consistent with section 13 of 1941 PA 122, MCL 205.13.

(3) A retailer or person shall remit the fireworks safety fees no later than 20 days after the end of each

preceding month. A retailer or person that operates 25 or more retail locations in this state that are permanent

buildings or structures may remit the fireworks safety fees in an aggregate filing under 1 common identification

number as determined by the department.

(4) The department shall investigate any fireworks safety fees reported, but not paid, by a retailer no later

than September 30 of each year.

28.461 Fireworks safety fund; creation within department of treasury; investment; money remaining in fund; lapse;

expenditures; delegation of inspection duties; program.

Sec. 11.

(1) The fireworks safety fund is created within the department of treasury.

(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The

state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings

from fund investments.

(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the

general fund.

(4) The department shall expend money deposited in the fund as follows:

(a) One hundred percent of the money received from fireworks safety fees under section 8 to be used for

the training of firefighters under the direction and approval of the firefighters training council established under the

firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.

(b) One hundred percent of the money received from consumer fireworks safety certificates under section 4

to administer this act and to pay the costs of delegating inspections under this act to local units of government under

subsection (5).

SAFETY FROM THE

FEE RETAIL UNITARY

TRANSACTION

$ 0 less than $ 0.08

$ 0.01 at least $ 0.08 but less than $ 0.24

$ 0.02 at least $ 0.24 but less than $ 0.40

$ 0.03 at least $ 0.40 but less than $ 0.56

$ 0.04 at least $ 0.56 but less than $ 0.72

$ 0.05 at least $ 0.72 but less than $ 0.88

$ 0.06 at least $ 0.88 but less than $ 1.04

(5) The department may establish a program for delegating inspection duties under this act to 1 or more

local units of government. If a local unit of government agrees to carry out inspections, the department shall pay

70% of the consumer fireworks safety certificate fee paid by each retail location inspected by the local unit of

government and retain the remaining 30% of that fee. If a local unit of government declines to participate in the

program described in this subsection, the department retains its inspection duties under this act.

28.462 Prohibited conduct; permission required; violation as civil infraction; civil fine; sale to minor; definitions;

violation of smoking prohibition as misdemeanor; signage.

Sec. 12.

(1) A person shall not ignite, discharge, or use consumer fireworks on public property, school property,

church property, or the property of another person without that organization’s or person’s express permission to use

those fireworks on those premises. Except as otherwise provided in this section, a person that violates this

subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.

(2) Consumer fireworks shall not be sold to a minor. A person that violates this subsection shall be ordered

to pay a civil fine of not more than $500.00, or, for a second or subsequent violation of this subsection, a civil fine of

not more than $1,000.00. In addition, the person’s consumer fireworks certificate shall be suspended for 90 days

after the civil fine is ordered for a second or subsequent violation. This age requirement shall be verified by any of

the following:

(a) An operator’s or chauffeur’s license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1

to 257.923.

(b) An official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300.

(c) An enhanced driver license or enhanced official state personal identification card issued under the

enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to

28.308.

(d) A military identification card.

(e) A passport.

(f) Any other bona fide photograph identification that establishes the identity and age of the individual.

(3) An individual shall not discharge, ignite, or use consumer fireworks or low-impact fireworks while

under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled

substance. As used in this subsection:

(a) “Alcoholic liquor” means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300,

MCL 257.1d.

(b) “Controlled substance” means that term as defined in section 8b of the Michigan vehicle code, 1949 PA

300, MCL 257.8b.

(4) An individual who violates the smoking prohibition under NFPA 1124, 7.3.11.1 is guilty of a

misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(5) Signage stating the smoking prohibition described in subsection (4) satisfies the requirements of NFPA

1124.

28.463 Resident agent.

Sec. 13. A wholesaler shall maintain a resident agent who resides in this state and who has a physical

address in this state. A post office box is not a physical address for purposes of this section.

28.464 Identification of firework in violation of act; investigation; determination of violation; seizure; criminal or

civil proceedings.

Sec. 14.

(1) A governmental or law enforcement agency that identifies a firework that is in violation of this act shall

secure the firework and immediately notify the department of the alleged violation. The department or law

enforcement agency shall investigate the alleged violation for compliance with this act within a reasonable time.

(2) If the department or law enforcement agency determines that a violation of this act has occurred, except

for a violation of section 6(2), the department or law enforcement agency may seize the firework as evidence of the

violation. Evidence seized under this section shall be stored pending disposition of any criminal or civil proceedings

arising from a violation of this act at the expense of the person, if the person is found guilty, responsible, or liable

for the violation.

28.465 Storage of seized fireworks; disposal or destruction; storage and disposal costs; use for training purposes.

Sec. 15.

(1) Fireworks seized for an alleged violation of this act shall be stored in compliance with this act and rules

promulgated under this act.

(2) Following final disposition of a conviction for violating this act, the seizing agency in possession may

dispose of or destroy any fireworks retained as evidence in that prosecution.

(3) The person from whom fireworks are seized under this act shall pay the actual costs of storage and

disposal of the seized fireworks.

(4) The department of state police and the department may use fireworks described in subsection (2) for

training purposes.

28.466 Articles pyrotechnic or display fireworks ignition; permit; competency and qualifications of operators;

retention of fee.

Sec. 16.

(1) The legislative body of a city, village, or township, upon application in writing on forms provided by

the department and payment of a fee set by the legislative body, if any, may grant a permit for the use of agricultural

or wildlife fireworks, articles pyrotechnic, display fireworks, or special effects manufactured for outdoor pest

control or agricultural purposes, or for public or private display within the city, village, or township by

municipalities, fair associations, amusement parks, or other organizations or individuals approved by the city,

village, or township authority, if the applicable provisions of this act are complied with. After a permit has been

granted, sales, possession, or transportation of fireworks for the purposes described in the permit only may be made.

A permit granted under this subsection is not transferable and shall not be issued to a minor.

(2) Before a permit for articles pyrotechnic or a display fireworks ignition is issued, the person, firm, or

corporation applying for the permit shall furnish proof of financial responsibility by a bond or insurance in an

amount, character, and form deemed necessary by the local governing authority to satisfy claims for damages to

property or personal injuries arising out of an act or omission on the part of the person, firm, or corporation or an

agent or employee of the person, firm, or corporation, and to protect the public.

(3) A permit shall not be issued under this act to a nonresident person, firm, or corporation for ignition of

articles pyrotechnic or display fireworks in this state until the person, firm, or corporation has appointed in writing a

resident member of the bar of this state or a resident agent to be the legal representative upon whom all process in an

action or proceeding against the person, firm, or corporation may be served.

(4) The local governing authority shall rule on the competency and qualifications of articles pyrotechnic

and display fireworks operators as required under NFPA 1123, as the operator has furnished in his or her application

form, and on the time, place, and safety aspects of the display of articles pyrotechnic or display fireworks before

granting permits.

(5) A local unit of government that charges a fee to issue a permit under this section shall retain the fee

paid.

28.467 Conduct not prohibited by act.

Sec. 17. Except as otherwise provided in this act, this act does not prohibit any of the following:

(a) A wholesaler, retailer, commercial manufacturer, or importer from selling, storing, using, transporting,

or distributing consumer fireworks or low-impact fireworks.

(b) The use of fireworks by railroads or other transportation agencies or law enforcement agencies for

signal purposes or illumination.

(c) The use of agricultural or wildlife fireworks.

(d) The sale or use of blank cartridges for any of the following:

(i) A show or play.

(ii) Signal or ceremonial purposes in athletics or sports.

(iii) Use by military organizations.

(iv) Use by law enforcement agencies.

(e) The possession, sale, or disposal of fireworks incidental to the public display of fireworks by

wholesalers or other persons who possess a permit to possess, store, and sell explosives from the bureau of alcohol,

tobacco, firearms, and explosives of the United States department of justice.

(f) Interstate wholesalers from selling, storing, using, transporting, or distributing fireworks.

28.467a Issuance of citation by state fire marshal.

Sec. 17a.

(1) If, as a result of an inspection or investigation, the state fire marshal or the state fire marshal’s designee

believes that a person has violated this act, an order issued under this act, or a rule promulgated under this act, the

state fire marshal or his or her designee shall issue a citation to the person not more than 90 days after the

completion of the physical inspection or investigation.

(2) Except as otherwise provided in this act, upon issuance of a citation, the state fire marshal may

immediately suspend the consumer fireworks certificate of the person to whom the citation was issued.

(3) Upon a proper petition, a court of competent jurisdiction may enjoin a violation of this act.

(4) All of the following apply to a citation issued by the state fire marshal or the state fire marshal’s

designee under this act:

(a) It shall be in writing.

(b) It shall state on its face that it is an allegation of a violation of this act, describe with particularity the

nature of the violation, and include a reference to the provision, rule, or order alleged to be violated.

(c) It shall contain all of the following:

(i) The date of the citation.

(ii) The name and title of the individual who issued the citation.

(iii) The name and address of the person to whom the citation is issued.

(iv) The actions necessary to bring the person to whom the citation is issued into compliance,

including the payment of a fine.

(v) A space for the signature of the person to whom the citation is issued indicating that the person

has received the citation.

(vi) A space where the person to whom the citation is issued may accept the citation and agree to

comply or, in the alternative, may indicate the intent of the person to whom the citation is issued to contest the

citation.

(vii) A notice that the person to whom the citation is issued shall accept or reject the terms of the

citation within 15 days of the date of the citation.

(viii) A brief description of the administrative hearing process and the process for settlement as

provided for by rule.

(d) A citation may either be mailed to the person to whom the citation is issued by certified mail,

return receipt requested, or delivered in person by the state fire marshal or state fire marshal’s designee who issued

the citation.

28.468 Violation of act; penalty; reimbursement of storage costs.

Sec. 18.

(1) Unless otherwise provided in this act, if a person violates this act, the person is guilty of a crime as

follows:

(a) Except as otherwise provided in this section, a misdemeanor punishable by imprisonment for not more

than 30 days or a fine of not more than $1,000.00, or both.

(b) If the violation causes damage to the property of another person, a misdemeanor punishable by

imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both.

(c) If the violation causes serious impairment of a body function of another person, a felony punishable by

imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(d) If the violation causes the death of another person, a felony punishable by imprisonment for not more

than 15 years or a fine of not more than $10,000.00, or both.

(2) In addition to any other penalty imposed for the violation of this act, a person that is found guilty of a

violation of this act shall be required to reimburse the appropriate governmental agency for the costs of storing

seized fireworks that the governmental agency confiscated for a violation of this act. This reimbursement shall be in

a form and at a time as required by the department and as otherwise required by law.

28.468a Citation for serious violation; fine; prosecution; payment of civil fines to department; collection

proceedings.

Sec. 18a.

(1) Except as otherwise provided in this section, a person who receives a citation for a serious violation, an

order issued under this act, or a rule promulgated under this act shall be assessed a civil fine of not more than

$1,000.00 for each violation.

(2) Except as otherwise provided in this section, a person who receives a citation for a violation of this act

that is not a serious violation may be assessed a civil fine of not more than $500.00 for each violation.

(3) Subsections (1) and (2) do not apply to violations for which a specific civil fine is provided by this act.

(4) The state fire marshal may request that the prosecuting attorney for the county in which a violation of

this act occurred issue a complaint and request a warrant for the prosecution of a person who commits a criminal

violation of this act.

(5) All civil fines collected under this section shall be paid to the department within 15 working days after

the date the penalty is ordered, not subject to further review, and credited to the fireworks safety fund.

(6) The department of treasury shall institute proceedings to collect any civil fines ordered but not paid

under this act.

28.468b Issuance of certificate prohibited; revocation.

Sec. 18b.

(1) The department shall not issue, and a person is ineligible to be issued, a consumer fireworks certificate

if either of the following apply:

(a) The person was sentenced for a felony conviction within the preceding 5 years.

(b) The person has ever been convicted of a felony involving theft, fraud, or arson.

(2) If a person is convicted of a crime that would cause the person to be ineligible to be issued a consumer

fireworks certificate on April 30 of the following year, the person’s consumer fireworks certificate shall be revoked

for the balance of the year for which the person’s current consumer fireworks certificate was issued.

28.468c Person ineligible to obtain consumer fireworks certificates; offenses; periods; sanctions.

Sec. 18c.

(1) A person who is convicted of the following offenses is ineligible to obtain a consumer fireworks

certificate for the following periods of time after conviction:

(a) For a second violation of section 4(1), 5 years.

(b) For a third or subsequent violation of section 4(1), 10 years.

(c) For a first violation of section 8(4), 1 year.

(d) For a second violation of section 8(4), 5 years.

(e) For a third or subsequent violation of section 8(4), 10 years.

(f) For a violation of section 18(1)(b), 1 year.

(g) For a violation of section 18(1)(c), permanently.

(h) For a violation of section 18(1)(d), permanently.

(2) A sanction imposed under subsection (1) shall be imposed in addition to any other penalty or sanction

imposed for a violation of this act.

28.469 Inspections; delegation of authority and responsibility.

Sec. 19. The department may delegate authority and responsibility to carry out inspections and other duties

under this act.

28.470 Rules.

Sec. 20.

(1) The department shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328, to administer this act, including, but not limited to, all of the following:

(a) Create uniform applications and other forms for dissemination to and use by local units of government

under this act.

(b) Procedures for the collection of application fees and fireworks safety fees.

(c) Enforcement of regulatory duties.

(d) The enforcement of age limitations.

(2) Rules promulgated under this section shall conform to the following codes developed by the national

fire protection association, except for any code provision that conflicts with this act:

(a) NFPA 1123, code for fireworks display.

(b) NFPA 1124, code for manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic

articles.

(c) NFPA 1126, standard for the use of pyrotechnics.

(3) The rules promulgated under former chapter XXXIX of the Michigan penal code, 1931 PA 328, MCL

750.243a to 750.243e, pertaining to the display of articles pyrotechnic and display fireworks that are in effect on the

effective date of this act shall remain in effect until rescinded or otherwise changed according to law, as provided for

in section 31 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.231.

28.471 Report by state fire marshal.

Sec. 21. No later than October 1, 2013, the state fire marshal shall provide a report to the legislature that

details both of the following:

(a) The costs associated with the inspection of retail locations under this act. It is the intent of the

legislature that the information described in this subdivision be used to determine the consumer fireworks certificate

fee for each retail location under section 4 beginning January 1, 2014.

(b) The types and number of violations of this act.

624.20 FIREWORKS.

Subdivision 1. Regulation.

(a) As used in sections 624.20 to 624.25, the term “fireworks” means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph (c), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks.

(b) The term “fireworks” shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture.

(c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification.

(d) A local unit of government may impose an annual license fee for the retail sale of items authorized under paragraph (c). The annual license fee of each retail seller that is in the business of selling only the items authorized under paragraph (c) may not exceed $350, and the annual license of each other retail seller may not exceed $100. A local unit of government may not:

(1) impose any fee or charge, other than the fee authorized by this paragraph, on the retail sale of items authorized under paragraph (c);

(2) prohibit or restrict the display of items for permanent or temporary retail sale authorized under paragraph (c) that comply with National Fire Protection Association Standard 1124 (2003 edition); or

(3) impose on a retail seller any financial guarantee requirements, including bonding or insurance provisions, containing restrictions or conditions not imposed on the same basis on all other business licensees.

Subdivision 2. Explosive fireworks.

As used in sections 624.20 to 624.25, the term “explosive fireworks” means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration.

624.21 SALE, POSSESSION, AND USE OF FIREWORKS PROHIBITED.

Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer’s direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only.

624.23 CONSTRUCTION OF SECTIONS 624.20 TO 624.25.

Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler, dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by airplanes and railroads, or other transportation agencies for signal purposes or illumination; or the possession, sale, or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or for use as a bird or animal repelling device.

624.24 OFFICERS MAY SEIZE ILLEGAL FIREWORKS.

The state fire marshal, or any sheriff, police officer, or local fire marshal, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of sections 624.20 to 624.25.

624.25 VIOLATION.

Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as follows:

(1) if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both;

(2) if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both; and

(3) if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both.

45-13-1. Manufacture, sale, possession, etc., of dangerous items prohibited; common fireworks; paper caps.

Except as herein provided, the manufacture, sale, possession or use of fireworks in this state is prohibited, provided the manufacture, sale, possession and use of fireworks which are now or may hereafter be classified as “common fireworks” by the Interstate Commerce Commission, and are labeled by said commission with the Class C common fireworks label, and which were designed to produce an audible effect shall contain an explosive composition not exceeding two (2) grains in weight, such fireworks being referred to as safe and sane items, and including such items as cone fountains, small Chinese crackers, small non-explosive Roman candles and rockets, and similar nondangerous items, shall be permitted within this state, but only upon the conditions as hereinafter set forth in this article. Paper caps for use in toy guns and similar items and nonexplosive sparklers are not included within the term “fireworks” as herein used.

45-13-3. Sales, displays, possession, etc., regulated; labeling.

Except as hereinafter provided, no retailer, dealer or any other person shall sell, offer for sale, store, display, or have in their possession, or use or explode anywhere in this state any fireworks that have not been approved and labeled as Class C common fireworks by the Interstate Commerce Commission. No jobber, wholesaler, manufacturer or any other person shall sell to retail dealers or any other person in this state for the purpose of resale or use in this state any fireworks which do not have the Interstate Commerce Commission Class C label printed on the fireworks or on the smallest package in which the same are sold. The Interstate Commerce Commission Class C label must be visible on the fireworks or smallest container in which the same are sold and the label shall be on the fireworks or on the package or both which are received by the general public from the dealer, and such label shall be of such size and so positioned as to be readily seen and recognized by law enforcement officers and the public. Wherever practical such fireworks and container shall have imprinted thereon directions for the handling thereof.

45-13-5. Additional items excepted from article.

Nothing in this article shall apply to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, or to the military or naval forces of the United States or of this state, or to peace officers or to the use of blank cartridge for ceremonial, theatrical or athletic events.

45-13-7. Storage; signs; fire extinguishing equipment; original packages.

Fireworks kept for sale at wholesale shall be stored in a room set aside for the storage of fireworks only. Over the entrance to this room shall be posted a sign reading “FIREWORKS-NO SMOKING-KEEP OPEN FLAMES AWAY.” Two (2) approved fire extinguishers shall be provided and kept in close proximity to the stock of fireworks in all buildings where fireworks are sold. Small temporary stands used for storing and selling fireworks only, in lieu of the fire extinguishers, may have a barrel of water and two (2) buckets available for use as fire extinguishing equipment. All fireworks kept for sale on counters must remain in original packages unless an attendant is on duty at all times at the counter where the fireworks are on display. Signs reading “FIREWORKS FOR SALE-NO SMOKING ALLOWED” shall be displayed in the section of any store set aside for the sale of fireworks.

45-13-9. Dates when sales prohibited; sales to children; unlawful to explode or ignite in certain places.

No fireworks shall be sold or offered for sale at retail before the fifteenth day of June and after the fifth day of July and before the fifth day of December and after the second day of January of each year. No fireworks shall be sold to any person under the age of twelve (12) years. It shall be unlawful to ignite or discharge fireworks of any type within six hundred (600) feet of any church, hospital or school, or within seventy-five (75) feet of where fireworks are stored or offered for sale. It shall also be unlawful to ignite or discharge the same within or throw the same from or into or at any motor vehicle.

45-13-13. Rights of municipal governing bodies and county boards of supervisors unaffected by this article.

The provisions of this article shall not in any manner limit or affect the right of the governing body of municipalities and the boards of supervisors of counties to regulate or hereafter prohibit the possession, sale and use of fireworks of any kind within the limits thereof.

45-13-15. Violations.

Any person, firm, partnership or corporation violating any provision of this article shall be guilty of a felony, and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) and/or imprisonment in the county jail or state penitentiary not to exceed one (1) year. In addition to said criminal penalties, any person, firm, partnership or corporation violating any provision of this article shall be responsible for any and all injuries, deaths and property damage caused by or resulting from illegal fireworks sold by such person, firm, partnership or corporation which is prohibited by this article within the state of Mississippi, and any injured person or his legal representatives, shall have a right to bring a civil action against the dealer, distributor or manufacturer or person who sold said fireworks, whether said dealer, distributor or manufacturer or person be located in this state or not. Any dealer, distributor or manufacturer or person located outside of this state who shall sell fireworks in Mississippi shall make, constitute and appoint the secretary of state as their lawful agent for service of process in any civil proceeding brought under the provisions of this article, to recover all damages caused or resulting from the sale of any fireworks prohibited by this article.

320.106. Definitions.

As used in sections 320.106 to 320.161, unless clearly indicated otherwise, the following terms mean:

(1) “American Pyrotechnics Association (APA), Standard 87-1”, or subsequent standard which may amend or supersede this standard for manufacturers, importers and distributors of fireworks;

(2) “Chemical composition”, all pyrotechnic and explosive composition contained in fireworks devices as defined in American Pyrotechnics Association (APA), Standard 87-1;

(3) “Consumer fireworks”, explosive devices designed primarily to produce visible or audible effects by combustion and includes aerial devices and ground devices, all of which are classified as fireworks, UNO336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as class C common fireworks by regulation of the United States Department of Transportation;

(4) “Discharge site”, the area immediately surrounding the fireworks mortars used for an outdoor fireworks display;

(5) “Dispenser”, a device designed for the measurement and delivery of liquids as fuel;

(6) “Display fireworks”, explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes devices containing more than two grains (130 mg) of explosive composition intended for public display. These devices are classified as fireworks, UNO335, 1.3G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as class B display fireworks by regulation of the United States Department of Transportation;

(7) “Display site”, the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not spectator viewing areas or vehicle parking areas;

(8) “Distributor”, any person engaged in the business of selling fireworks to wholesalers, jobbers, seasonal retailers, other persons, or governmental bodies that possess the necessary permits as specified in sections 320.106 to 320.161, including any person that imports any fireworks of any kind in any manner into the state of Missouri;

(9) “Fireworks”, any composition or device for producing a visible, audible, or both visible and audible effect by combustion, deflagration, or detonation and that meets the definition of consumer, proximate, or display fireworks as set forth by 49 CFR Part 171 to end, United States Department of Transportation hazardous materials regulations, and American Pyrotechnics Association 87-1 standards;

(10) “Fireworks season”, the period beginning on the twentieth day of June and continuing through the tenth day of July of the same year and the period beginning on the twentieth day of December and continuing through the second day of January of the next year, which shall be the only periods of time that seasonal retailers may be permitted to sell consumer fireworks;

(11) “Jobber”, any person engaged in the business of making sales of consumer fireworks at wholesale or retail within the state of Missouri to nonlicensed buyers for use and distribution outside the state of Missouri during a calendar year from the first day of January through the thirty-first day of December;

(12) “Licensed operator”, any person who supervises, manages, or directs the discharge of outdoor display fireworks, either by manual or electrical means; who has met additional requirements established by promulgated rule and has successfully completed a display fireworks training course recognized and approved by the state fire marshal;

(13) “Manufacturer”, any person engaged in the making, manufacture, assembly or construction of fireworks of any kind within the state of Missouri;

(14) “NFPA”, National Fire Protection Association, an international codes and standards organization;

(15) “Permanent structure”, buildings and structures with permanent foundations other than tents, mobile homes, and trailers;

(16) “Permit”, the written authority of the state fire marshal issued pursuant to sections 320.106 to 320.161 to sell, possess, manufacture, discharge, or distribute fireworks;

(17) “Person”, any corporation, association, partnership or individual or group thereof;

(18) “Proximate fireworks”, a chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration, or detonation, as defined by the most current edition of the American Pyrotechnics Association (APA), Standard 87-1, section 3.8, specific requirements for theatrical pyrotechnics;

(19) “Pyrotechnic operator” or “special effects operator”, an individual who has responsibility for pyrotechnic safety and who controls, initiates, or otherwise creates special effects for proximate fireworks and who has met additional requirements established by promulgated rules and has successfully completed a proximate fireworks training course recognized and approved by the state fire marshal;

(20) “Sale”, an exchange of articles of fireworks for money, including barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as a principal proprietor, salesman, agent, association, copartnership or one or more individuals;

(21) “Seasonal retailer”, any person within the state of Missouri engaged in the business of making sales of consumer fireworks in Missouri only during a fireworks season as defined by subdivision (10) of this section;

(22) “Wholesaler”, any person engaged in the business of making sales of consumer fireworks to any other person engaged in the business of making sales of consumer fireworks at retail within the state of Missouri.

320.111. Manufacture, distribution and sale, permit required-issuance, display of, duration-powers and duties of state fire marshal, inspections-fees-rights and obligations of permit holders-rules, procedure-penalty for violation.

1. It is unlawful for any person to manufacture, sell, offer for sale, ship or cause to be shipped into or within the state of Missouri except as herein provided any item of fireworks, without first having secured the required applicable permit as a manufacturer, distributor, wholesaler, jobber or seasonal retailer from the state fire marshal and applicable federal permit or license. Possession of said permit is a condition precedent to manufacturing, selling or offering for sale, shipping or causing to be shipped any fireworks into the state of Missouri, except as herein provided. This provision applies to nonresidents as well as residents of the state of Missouri.

2. The state fire marshal has the authority and is authorized and directed to issue permits for the sale of fireworks. No permit shall be issued to a person under the age of eighteen years. All permits except for seasonal retailers shall be for the calendar year or any fraction thereof and shall expire on the thirty-first day of December of each year.

3. Permits issued must be displayed in the permit holder’s place of business. No permit provided for herein shall be transferable nor shall a person operate under a permit issued to another person or under a permit issued for another location. Manufacturer, wholesaler, jobber, and distributor permit holders operating out of multiple locations shall obtain a permit for each location.

4. Failure to make application for a permit by May thirty-first of the calendar year may result in the fire marshal’s refusal to issue a license to the licensee or applicant for such calendar year.

5. Any false statement or declaration made on a permit application may result in the state fire marshal’s refusal to issue such permit to the requesting person for a period of time not to exceed three years.

6. The state fire marshal is authorized and directed to charge the following fees for permits:

(1) Manufacturer, a fee of seven hundred seventy-five dollars per calendar year;

(2) Distributor, a fee of seven hundred seventy-five dollars per calendar year;

(3) Wholesaler, a fee of two hundred seventy-five dollars per calendar year;

(4) Jobber, a fee of five hundred twenty-five dollars per calendar year per sales location;

(5) Seasonal retailer, a fee of fifty dollars per calendar year per sales location;

(6) Display fireworks, a fee of one hundred dollars per calendar year per location;

(7) Proximate fireworks display permit, a fee of one hundred dollars per calendar year per location;

(8) Licensed operator, a fee of one hundred dollars for a three-year license;

(9) Pyrotechnic operator, a fee of one hundred dollars for a three-year license.

7. A holder of a manufacturer’s permit shall not be required to have any additional permits in order to sell to distributors, wholesalers, jobbers or seasonal retailers, or to sell display, or proximate fireworks.

8. A holder of a distributor’s permit shall not be required to have any additional permits in order to sell to wholesalers, jobbers, seasonal retailers or to sell display, or proximate fireworks.

9. A holder of a jobber’s permit shall not be required to have any additional permit in order to sell consumer fireworks at retail during the fireworks season from such jobber’s permanent structure.

10. All fees collected for permits issued pursuant to this section shall be deposited to the credit of the fire education fund created pursuant to section 320.094. Any person engaged in more than one permit classification shall pay one permit fee based upon the permit classification yielding the highest amount of revenue.

11. The state fire marshal is charged with the enforcement of the provisions of sections 320.106 to 320.161 and may call upon any state, county or city peace officer for assistance in the enforcement of the provisions of sections 320.106 to 320.161. The state fire marshal may promulgate rules pursuant to the requirements of this section and chapter 536 necessary to carry out his or her responsibilities under this act* including rules requiring training, examination, and licensing of licensed operators and pyrotechnic operators engaging in or responsible for the handling and use of display and proximate fireworks. The test shall incorporate the rules of the state fire marshal, which shall be based upon nationally recognized standards. No rule or portion of a rule promulgated pursuant to this chapter shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.

12. The state fire marshal, upon notification by the department of revenue, may withhold permits from applicants upon evidence that all state sales taxes for the preceding year or years have not been paid; except, this subsection shall not apply if an applicant is pursuing any proper remedy at law challenging the amount, collection, or assessment of any sales tax.

13. A holder of a distributor, wholesaler, or jobber’s permit shall be required to operate out of a permanent structure in compliance with all applicable building and fire regulations in the city or county in which said person is operating a fireworks business. Seasonal retail permit locations shall be in compliance with all applicable building and fire regulations. The applicant may be subject to a fire safety inspection by the state fire marshal based upon promulgated rules and regulations adopted by the state fire marshal.

14. It is unlawful for any manufacturer, distributor, wholesaler, or jobber to sell consumer fireworks to a seasonal retailer who has not acquired an appropriate permit from the state fire marshal for the current permit period. A seasonal retailer shall acquire and present the appropriate permit from the state fire marshal before any manufacturer, distributor, wholesaler or jobber is allowed to sell consumer fireworks to such seasonal retailer, provided that such seasonal retailer is purchasing the consumer fireworks for resale in this state.

15. The state fire marshal and the marshal’s deputies may conduct inspections of any premises and all portions of buildings where fireworks are stored, manufactured, kept or being offered for sale. All persons selling, offering for sale, barter, gift, exchange, or offer thereof any fireworks shall cooperate fully with the state fire marshal and the marshal’s deputies during any such inspection. This inspection shall be performed during normal business hours.

16. In addition to any other penalty, any person who manufactures, sells, offers for sale, ships or causes to be shipped into or caused to be shipped into the state of Missouri, for use in Missouri, any items of fireworks without first having the required applicable permit shall be assessed a civil penalty of up to a one thousand dollar fine for each day of operation up to a maximum of ten thousand dollars.

320.116. Revocation and refusal of permits, when-illegal fireworks seized as contraband, return of, procedure, costs-review of action by state fire marshal, how.

1. The state fire marshal may revoke any permit issued pursuant to sections 320.106 to 320.161 upon evidence that the holder has violated any of the provisions of sections 320.106 to 320.161.

2. The state fire marshal, in his or her discretion, may refuse to issue a permit, for a period not to exceed three years, to a person whose permit has been revoked for the possession or sale of illegal fireworks, as referred to in section 320.136.

3. The state fire marshal, the marshal’s deputies, the marshal’s designees or any authorized police or peace officer shall seize as contraband any illegal fireworks as defined pursuant to sections 320.106 to 320.161. Such illegal fireworks seized in the enforcement of sections 320.106 to 320.161 shall be held in custody of the state fire marshal in proper storage facilities. The person surrendering the fireworks may bring an in rem proceeding in the circuit court of the county where the fireworks were seized. Upon hearing, the circuit court may authorize the return of all or part of the confiscated fireworks or the court may authorize and direct that such contraband fireworks be destroyed. If a proceeding is not brought within thirty days, the fireworks shall be destroyed by the state fire marshal. The state fire marshal shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of the provisions of sections 320.106 to 320.161. All costs, including any expenses incurred with the seizure, shall be the responsibility of the adjudicated party if case disposition is in the favor of the state fire marshal.

4. Any person aggrieved by any official action of the state fire marshal affecting their permit status including revocation, suspension, failure to renew a permit, or refusal to grant a permit may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045.

320.121. Powers of cities and certain counties to regulate or prohibit fireworks.

1. The provisions of sections 320.106 to 320.161 shall not be construed to abrogate or in any way affect the powers of the following political subdivisions to regulate or prohibit fireworks within its corporate limits:

(1) Any city, town, or village in this state; or

(2) Any county operating under a charter form of government.

2. It is unlawful for any manufacturer, distributor, wholesaler, jobber or seasonal retailer to sell or ship by common carrier fireworks to consumers within the corporate limits of the following political subdivisions which prohibit the sale or possession of fireworks:

(1) Any city, town, or village in this state; or

(2) Any county operating under a charter form of government.

320.122. Supremacy clause-regulation of fireworks (St. Louis County).

Where regulations or prohibitions of the sale of fireworks are adopted by any first class county operating under a charter form of government and which contains a population in excess of nine hundred thousand inhabitants, such regulations or prohibitions shall supersede, as to those matters to which this section relates, all municipal ordinances, rules and regulations within the boundaries of such first class chartered county, but only to the extent such regulations or prohibitions are more restrictive than those adopted by a municipality located within such county.

320.131. Possession, sale and use of certain fireworks prohibited-restrictions-label required-items not regulated.

1. It is unlawful for any person to possess, sell or use within the state of Missouri, or ship into the state of Missouri, except as provided in section 320.126, any pyrotechnics commonly known as “fireworks” and defined as consumer fireworks in subdivision (3) of section 320.106 other than items now or hereafter classified as fireworks UNO336, 1.4G by the United States Department of Transportation that comply with the construction, chemical composition, labeling and other regulations relative to consumer fireworks regulations promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public pursuant to such commission’s regulations.

2. No wholesaler, jobber, or seasonal retailer, or any other person shall sell, offer for sale, store, display, or have in their possession any consumer fireworks that have not been approved as fireworks UNO336, 1.4G by the United States Department of Transportation.

3. No jobber, wholesaler, manufacturer, or distributor shall sell to seasonal retailer dealers, or any other person, in this state for the purpose of resale, or use, in this state, any consumer fireworks which do not have the numbers and letter “1.4G” printed within an orange, diamond-shaped label printed on or attached to the fireworks shipping carton.

4. This section does not prohibit a manufacturer, distributor or any other person from storing, selling, shipping or otherwise transporting display or proximate fireworks, defined as fireworks UNO335, 1.3G/UNO431, 1.4G or UNO432, 1.4S by the United States Department of Transportation, provided they possess the proper permits as specified by state and federal law.

5. Matches, toy pistols, toy canes, toy guns, party poppers, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound, provided that they are so constructed that the hand cannot come into contact with the cap when in place for use, and toy pistol paper caps which contain less than twenty-five hundredths grains of explosive mixture shall be permitted for sale and use at all times and shall not be regulated by the provisions of sections 320.106 to 320.161.

320.136. Ground salutes, special type, prohibited.

Ground salutes commonly known as “cherry bombs”, “M-80’s”, “M-100’s”, “M-1000’s”, and any other tubular salutes or any items described as prohibited chemical components or forbidden devices as listed in the American Pyrotechnics Association Standard 87-1 or which exceed the federal limits set for fireworks UNO336, 1.4G formerly known as class C common fireworks, display fireworks UNO335, 1.3F, and proximate fireworks UNO431, 1.4F/UNO432, 1.4S by the United States Department of Transportation for explosive composition are expressly prohibited from shipment into, manufacture, possession, sale, or use within the state of Missouri for consumer use. Possession, sale, manufacture, or transport of this type of illegal explosive shall be punished as provided by the provisions of section 571.020.

320.141. Permissible items of consumer fireworks, how sold, when.

Permissible items of consumer fireworks defined in section 320.131 may be sold at wholesale or retail by holders of a jobber’s permit to nonlicensed buyers from outside the state of Missouri during a calendar year from the first day of January until the thirty-first day of December. Permissible items of consumer fireworks defined in section 320.131 may be sold at retail by holders of a seasonal retail permit during the selling periods of the twentieth day of June through the tenth day of July and the twentieth day of December through the second day of January.

320.146. Display and storage of fireworks, restrictions on.

1. It shall be unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed, except where the fireworks are in the original package. All fireworks which the public may examine shall be kept for sale in original packages, except where an attendant is on duty at all times where fireworks are offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty. One or more signs reading, “FIREWORKS–NO SMOKING” shall be displayed at all places where fireworks are stored or sold in letters not less than four inches in height.

2. Fireworks shall not be manufactured, stored, kept or sold within fifty feet of any motor vehicle fuel dispensing station dispenser, retail propane dispensing station dispenser, compressed natural gas dispensing station dispenser, gasoline or propane bulk station, or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon. The provisions of this subsection shall not apply to stores where cleaners, paints, and oils are sold in the original containers to consumers.

3. It shall be unlawful to permit the presence of lighted cigars, cigarettes, pipes, or any other open flame within twenty-five feet of where fireworks are manufactured, stored, kept, or offered for sale.

320.151. Sales to children, sales by children, unlawful, exceptions-exploding fireworks near gasoline pumps, certain buildings or from or at motor vehicles, prohibited-certain restrictions-demonstrating and testing allowed, requirements.

1. It is unlawful to attempt to sell or to sell at retail any fireworks to children under the age of fourteen years except when such child is in the presence of a parent or guardian.

2. It is unlawful for any person under the age of sixteen to sell fireworks or work in a facility where fireworks are stored, sold, or offered for sale unless supervised by an adult.

3. It is unlawful to explode or ignite consumer fireworks within six hundred feet of any church, hospital, mental health facility, school, or within one hundred feet of any location where fireworks are stored, sold, or offered for sale.

4. No person shall ignite or discharge any permissible articles of consumer fireworks within or throw the same from a motorized vehicle including watercraft or any other means of transportation, except where display permit has been issued for a floating vessel or floating platform, nor shall any person place or throw any ignited article of fireworks into or at a motorized vehicle including watercraft or any other means of transportation, or at or near any person or group of people.

5. No person shall ignite or discharge consumer fireworks within three hundred feet of any permanent storage of ignitable liquid, gases, gasoline pump, gasoline filling station, or any nonpermanent structure where fireworks are stored, sold or offered for sale.

6. No items of explosive or pyrotechnic composition other than fireworks as defined by subdivisions* (3), (5), and (17) of section 320.106 shall be displayed, sold, or offered for sale within the applicable permit location as identified on such permit granted by the state fire marshal.

7. Proximate fireworks shall not be allowed to be stored with consumer fireworks.

8. All storage and transportation of fireworks shall be in accordance with all federal and state rules and regulations.

9. Nothing in sections 320.106 to 320.161 shall be construed to prevent permittees from demonstrating or testing fireworks. Any such demonstration or test shall require the notification and approval of the local fire service or the state fire marshal.

320.161. Penalty provisions.

Any person violating any provision of sections 320.106 to 320.161 is guilty of a class A misdemeanor, except that a person violating section 320.136 is guilty of a class C felony.

50-37-101. FIREWORKS DEFINED

The term “fireworks” means any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and includes sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance.

50-37-102. WHERE CHAPTER NOT TO APPLY

(1) Nothing in this chapter shall be construed to prohibit the sale of any kind of fireworks to a person holding a permit issued under 50-37-107 at the display covered by such permits, the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations or organizations composed of veterans of the United States armed forces.

(2) This chapter does not apply to toy paper caps containing less than one-fourth of a grain of explosive composition per cap, to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, to the military or naval forces of the United States or this state, to peace officers, or to the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.

(3) Nothing in this chapter authorizes the sale of fireworks in a city or town that has banned the sale of fireworks within the city or town as authorized in 7-33-4206.

50-37-103. UNLAWFUL SALE, TRANSPORTATION, OR USE OF FIREWORKS

(1) It is unlawful to possess, sell, transport, or use any fireworks within the state except as provided in this chapter. (2) It is unlawful for an individual under the age of 18 to possess for sale, sell, or offer for sale within the state permissible fireworks enumerated in 50-37-105.

(3) It is unlawful for a wholesaler to sell or offer for sale within the state fireworks without a current fireworks wholesaler permit or in violation of 50-37-105. It is lawful for a wholesaler, however, to transport fireworks within Montana for sale outside of the state.

(4) It is unlawful to sell or offer for sale fireworks as defined in 50-37-101 or permissible fireworks as enumerated in 50-37-105 by mail order solicitation.

(5) It is unlawful to sell or offer for sale fireworks as defined in 50-37-101 or permissible fireworks as enumerated in 50-37-105 within 300 feet of a hospital or church.

(6) It is unlawful for an individual, firm, partnership, or corporation to discharge or cause to be discharged any pyrotechnics, fireworks as defined in 50-37-101, or permissible fireworks as enumerated in 50-37-105:

(a) within the exterior boundaries of a state forest, state park, or state recreation area;

(b) within 100 feet of a fireworks retail sales location;

(c) from, inside, or toward a motor vehicle; or

(d) in the vicinity of another person or group of people or any animal in a manner likely to expose them to the risk of injury.

50-37-104. LAWFUL SALES OR USES OF FIREWORKS,-NO SMOKING SIGN-WHOLESALER’S PERMIT

(1) Subject to subsection (2), it is lawful for an individual, firm, partnership, corporation, or association to possess for sale, sell or offer for sale at retail, or use within the state the permissible fireworks enumerated in 50-37-105. At any place where permissible fireworks are sold or displayed, a sign reading “NO SMOKING” must be posted in letters at least 4 inches in height where customers are most likely to read it.

(2) Before a fireworks wholesaler may lawfully possess for sale, offer for sale, or sell within the state the permissible fireworks enumerated in 50-37-105, the wholesaler shall obtain a fireworks wholesaler permit from the department of labor and industry.

(3) A person making application for a fireworks wholesaler permit shall:

(a) pay an application fee to the department of labor and industry, which must be set by the department of labor and industry commensurate with costs; and

(b) furnish proof under oath, on a form provided by the department, that person:

(i) is at least 18 years of age;

(ii) is of good moral character; and

(iii) has not been convicted of a crime involving the use, possession, or sale of fireworks.

(4) The department of labor and industry shall adopt rules implementing this section.

50-37-105. PERMISSIBLE FIREWORKS

Permissible fireworks, excluding sky rockets, roman candles, and bottle rockets, include and are limited to those that meet the definition of “common fireworks” as set forth in the U.S. department of transportation’s Hazardous Materials Regulations, 49 CFR, parts 173.88 and 173.100, as they read on January 1, 1985, and that comply with the construction, chemical composition, and labeling regulations of the U.S. consumer product safety commission, as set forth in 16 CFR, part 1507, as it read on January 1, 1985.

50-37-106. SALE OF FIREWORKS RESTRICTED TO CERTAIN DATES

A person, firm, or corporation may offer permissible fireworks, as defined in 50-37-105, of any kind for sale at retail only during the following periods:

(1) June 24 through July 5; and

(2) December 29 through December 31.

50-37-109. CONFISCATION

A representative of the state fire prevention and investigation section or any sheriff, police officer, constable, officer of a governmental fire agency organized under Title 7, chapter 33, or firewarden shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.

50-37-110. PENALTIES

Any person, firm, partnership, association, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 or more than $500 or, in the case of individuals, the members of a partnership, and the responsible officers and agents of an association or corporation, by imprisonment in the county jail for a period of not less than 30 days or more than 6 months or by both such fine and imprisonment.

28-1239.01. Fireworks display; permit required; fee; sale of display fireworks; regulation.

(1) No person shall conduct a public exhibition or display of display fireworks without first procuring a display permit from the State Fire Marshal. If the applicant is an individual, the application for a display permit shall include the applicant’s social security number. Such application for a display permit shall be accompanied by a fee of ten dollars to be deposited in the State Fire Marshal Cash Fund.

(2) No display fireworks shall be sold or delivered by a licensed distributor to any person who is not in possession of an approved display permit. Sales of display fireworks to persons without an approved display permit shall be subject to sections 28-1213 to 28-1239.

28-1241. Fireworks; definitions.

As used in sections 28-1239.01 and 28-1241 to 28-1252, unless the context otherwise requires:

(1) Distributor means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or as a retailer or both;

(2) Jobber means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail;

(3) Retailer means any person engaged in the business of making sales of fireworks at retail to consumers or to persons other than distributors or jobbers;

(4) Sale includes barter, exchange, or gift or offer therefor and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee;

(5) Fireworks means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and which meets the definition of consumer or special fireworks set forth by the United States Department of Transportation in Title 49 of the Code of Federal Regulations;

(6)(a) Consumer fireworks means any of the following devices that

(i) meet the requirements set forth in 16 C.F.R. parts 1500 and 1507, as such regulations existed on January 1, 2010, and

(ii) are tested and approved by a nationally recognized testing facility or by the State Fire Marshal:

(A) Any small firework device designed to produce visible effects by combustion and which is required to comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission set forth in 16 C.F.R., as such regulations existed on January 1, 2010;

(B) Any small device designed to produce audible effects such as a whistling device;

(C) Any ground device or firecracker containing fifty milligrams or less of explosive composition; or

(D) Any aerial device containing one hundred thirty milligrams or less of explosive composition.

(b) Class C explosives as classified by the United States Department of Transportation shall be considered consumer fireworks.

(c) Consumer fireworks does not include:

(i) Rockets that are mounted on a stick or wire and project into the air when ignited, with or without report;

(ii) Wire sparklers, except that silver and gold sparklers are deemed to be consumer fireworks until January 1, 2014;

(iii) Nighttime parachutes;

(iv) Fireworks that are shot into the air and after coming to the ground cause automatic ignition due to sufficient temperature;

(v) Firecrackers that contain more than fifty milligrams of explosive composition; and

(vi) Fireworks that have been tested by the State Fire Marshal as a response to complaints and have been deemed to be unsafe; and

(7) Display fireworks means those materials manufactured exclusively for use in public exhibitions or displays of fireworks designed to produce visible or audible effects by combustion, deflagration, or detonation. Display fireworks includes, but is not limited to, firecrackers containing more than one hundred thirty milligrams of explosive composition, aerial shells containing more than forty grams of explosive composition, and other display pieces which exceed the limits for classification as consumer fireworks. Class B explosives, also known as 1.3G explosives, as classified by the United States Department of Transportation in 49 C.F.R. 172.101, as such regulation existed on January 1, 2010, shall be considered display fireworks. Display fireworks shall be considered an explosive as defined in section 28-1213 and shall be subject to sections 28-1213 to 28-1239, except that display

fireworks may be purchased, received, and discharged by the holder of an approved display permit issued pursuant to section 28-1239.01.

28-1242. Unlawful throwing of fireworks; penalty.

(1) A person commits the offense of unlawful throwing of fireworks if he or she throws any firework, or any object which explodes upon contact with another object: (a) From or into a motor vehicle; (b) onto any street, highway, or sidewalk; (c) at or near any person; (d) into any building; or (e) into or at any group of persons.

(2) Unlawful throwing of fireworks is a Class III misdemeanor.

28-1243. Fireworks item deemed unsafe; quarantined; testing; test results; effect.

(1) If the State Fire Marshal deems any fireworks item to be unsafe pursuant to subdivision (6)(c)(vi) of section 28-1241, such fireworks item shall be quarantined from other fireworks. Any licensed distributor, jobber, or retailer may request, at the distributor’s, jobber’s, or retailer’s expense, that such fireworks item be tested by an independent, nationally recognized testing facility to determine if such fireworks item meets the requirements set forth by the United States Consumer Product Safety Commission for consumer fireworks, also known as 1.4G explosives, as classified by the United States Department of Transportation in 49 C.F.R. 172.101, as such regulation existed on January 1, 2010. A copy of the results of all testing done pursuant to this section shall be provided to the State Fire Marshal.

(2) If such fireworks item is in compliance with such requirements and otherwise permitted under section 28-1241, such fireworks item that was determined to be unsafe pursuant to subdivision (6)(c)(vi) of section 28-1241 shall be deemed a consumer firework and be permitted for retail sale or distribution.

(3) If such fireworks item is in compliance with such requirements but is otherwise not deemed consumer fireworks, such fireworks item shall not be sold at retail or distributed to retailers for sale in this state, but a distributor, jobber, or retailer may sell such fireworks item to another distributor or retailer in a state that permits the sale of such fireworks item.

(4) If such fireworks item is not in compliance with such requirements, then the distributor, jobber, or retailer shall destroy such fireworks item under the supervision of the State Fire Marshal. If such fireworks item is not destroyed under the supervision of the State Fire Marshal, notarized documentation shall be provided to the State Fire Marshal detailing and confirming the fireworks item’s destruction.

28-1244. Fireworks; unlawful acts.

Except as provided in section 28-1245, it shall be unlawful for any person to possess, sell, offer for sale, bring into this state, or discharge any fireworks other than consumer fireworks.

28-1245. Fireworks; when prohibitions not applicable.

Section 28-1244 shall not apply to:

(1) Any display fireworks purchased from a licensed distributor; or

(2) Any display fireworks purchased by the holder of a display permit issued pursuant to section 28-1239.01; or

(3) Any fireworks brought into this state for storage by a licensed distributor and held for sale outside of this state; or

(4) Any fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal to any holder of a distributor’s license; or

(5) Toy cap pistols or toy caps, each of which does not contain more than twenty-five hundredths of a grain of explosive material.

28-1246. Fireworks; sale; license required; fees.

(1) It shall be unlawful for any person to sell, hold for sale, or offer for sale as a distributor, jobber, or retailer any fireworks in this state unless such person has first obtained a license as a distributor, jobber, or retailer. Application for each such license shall be made to the State Fire Marshal on forms prescribed by him or her. If the applicant is an individual, each application shall include the applicant’s social security number. Each application shall be accompanied by the required fee, which shall be five hundred dollars for a distributor’s license, two hundred dollars for a jobber’s license, and twenty-five dollars for a retailer’s license. Each application for a retailer’s license shall be received by the State Fire Marshal at least ten business days prior to the sales period, as set forth in section 28-1249, in which the retailer wishes to sell consumer fireworks. A retailer’s license shall be good only for the specific sales period listed on the application and within the calendar year in which issued. The retailer’s license shall at all times be displayed at the place of business of the holder thereof.

(2) The funds received pursuant to this section shall be remitted to the State Treasurer for credit to the State Fire Marshal Cash Fund.

28-1248. Fireworks; importation into state; duties of licensees; retention of packing list for inspection.

(1) It shall be unlawful for any person not licensed as a distributor or as a jobber under sections 28-1241 to 28-1252 to bring any fireworks into this state.

(2) It shall be unlawful for any retailer or jobber in this state to sell any fireworks in this state which have not been purchased from a distributor licensed under sections 28-1241 to 28-1252.

(3) Any person licensed under sections 28-1239.01 and 28-1241 to 28-1252 shall keep, available for inspection by the State Fire Marshal or his or her agents, a copy of each packing list for fireworks purchased as long as any fireworks included on such packing list are held in his or her possession. The packing list shall show the license number of the distributor or jobber from which the purchase was made.

28-1249. Sale of consumer fireworks; limitations.

It shall be unlawful to sell any consumer fireworks at retail within this state, outside the limits of any incorporated city or village. Consumer fireworks may be sold at retail only between June 24 and July 5 and between December 28 and January 1 of each year.

28-1250. Fireworks; prohibited acts; violations; penalties; license suspension, cancellation, or revocation; appeal.

(1) Any person who violates any of the provisions of sections 28-1244 to 28-1249 commits a Class III misdemeanor. If such person is a licensed distributor or jobber, the State Fire Marshal may suspend, cancel, or revoke the license for up to three years. The suspension, cancellation, or revocation shall become effective upon the failure to timely appeal the decision under the Administrative Procedure Act or upon an order of the Nebraska Fire Safety Appeals Board upholding the decision pursuant to a hearing under the Administrative Procedure Act.

(2) It shall be unlawful for any person, association, partnership, limited liability company, or corporation to have in his, her, or its possession any fireworks in violation of any of the provisions of sections 28-1244 to 28-1249. If any person shall have in his, her, or its possession any fireworks in violation of such sections, a warrant may be issued for the seizure of such fireworks and when the warrant is executed by the seizure of such fireworks, such fireworks shall be safely kept by the magistrate to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender is discharged, the fireworks shall be returned to the person in whose possession they were found. Nothing in such sections shall apply to the transportation of fireworks by regulated carriers.

28-1252. Fireworks; State Fire Marshal; rules and regulations; enforcement of sections.

The State Fire Marshal shall adopt and promulgate reasonable rules and regulations for the enforcement of sections 28-1239.01 and 28-1241 to 28-1252 and, together with all peace officers of the state and its political subdivisions, shall be charged with the enforcement of sections 28-1239.01 and 28-1243 to 28-1252.

NRS 244.367. Fireworks: Regulation and control.

1. The board of county commissioners shall have power and jurisdiction in their respective counties to pass ordinances prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage and possession of fireworks, and providing penalties for the violation thereof.

2. An ordinance passed pursuant to subsection 1 must provide that any license or permit that may be required for the sale of fireworks must be issued by the licensing authority for:

(a) The county, if the fireworks are sold within the unincorporated areas of the county; or

(b) A city located within the county, if the fireworks are sold within the jurisdiction of that city.

CLARK COUNTY (For other counties see local ordinances)

3301.1.3. Fireworks.

The possession, manufacture, storage, sale, handling, and use of fireworks are prohibited.

Exceptions:

1. Storage and handling of fireworks as allowed in Section 3304.

2. Manufacturer, assembly and testing of fireworks as allowed in Section 3305.

3. The use of fireworks for fireworks displays as allowed in Section 3308.

4. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided such fireworks comply with CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR, Parts 100-185, for consumer fireworks.

5. The possession, storage, use, handling, and sale of consumer safe and sane fireworks in accordance with the current “Southern Nevada Fire Chiefs Association Approved Guideline for Fireworks”.

3301.2.2. Sale and retail display.

Explosives, explosive materials, or fireworks sales shall be conducted according to federal law and only by those licensed and approved to conduct such operations. All sales and retail displays of fireworks and explosives are prohibited.

Exception:

Consumer fireworks (safe and sane) offered for sale at portable retail fireworks stands that are in accordance with the current “Fire Prevention Association of Nevada Guidelines for Fireworks”.

3301.2.4. Financial Responsibility.

Before a permit is issued, as required by Section 3301.2, the applicant shall file with the jurisdiction a valid certificate of insurance complying with Section 105.1.4.1 in the amount of $2,000,000.00, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater amount when, in his or her opinion, conditions at the location of use indicate a greater amount is required.

Exception: The fire code official is authorized to reduce the liability limits to $1,000,000 for small private party blasting operations such as personal mining claims or agricultural uses. Under no circumstance will this include development related blasting activities, quarry blasting, construction blasting, or other similar large scale blasting operations.

3301.5. Supervision.

The fire code official is authorized to require operations permitted under the provisions of Section 3301.2 to be supervised at any time by the fire code official in order to determine compliance with all safety and fire regulations.

Exception:

Where the pyrotechnic special effects are used in an approved set show that is repeated continuously, the fire code official may waive the requirement for attendance to all productions, provided the fire code official has successfully witnessed product demonstration and at least one performance.

SECTION 3309 CONSUMER FIREWORKS

3309.1. General.

Storage, distribution and sales of consumer fireworks shall be in accordance Section 3309 and The Southern Nevada Fire Chiefs Association Approved Guideline for Fireworks.

3309.1.1. Permit required.

Permit shall be required in accordance with 105.6.14 and the Southern Nevada Fire Chiefs Association Approved Guideline for Fireworks.

3309.2. Storage.

Where the temporary storage of consumer fireworks, 1.4G is allowed by Section 3301.1.3, Exception 4, such storage shall comply with applicable requirements of NFPA 1124.

3309.2.1. Storage for Wholesale Consumer Fireworks.

The storage building shall comply with the currently adopted building and fire codes and Chapter 6 of NFPA 1124. It shall be inaccessible to the public. Wholesale storage locations shall be approved by the fire code official.

3309.2.2. Storage for Retail Consumer Fireworks.

Retail consumer fireworks shall be stored in an approved wholesale location or sales stand or stand premises when supervised by an adult. Storage locations shall be approved by the fire code official. Fireworks shall be returned to an approved wholesalers storage location at the end of each sales day and there shall be no storage in other locations including, but not limited to residential neighborhoods, dwellings, garages, public ways, driveways, trailers, or vehicles.

3309.2.3. No Smoking signs.

No smoking signs shall be posted at all storage locations. No smoking signs with 3-inch tall letters shall be posted on all four sides of the storage container or fireworks stand.

3309.3. Safe and Sane consumer fireworks.

All fireworks items for consumer sale shall be tested per Section 3309.3 within 12 months prior to the date of sale.

3309.3.1. Labels.

All fireworks for consumer sales shall bear the California State Fire Marshal’s safe and sane seal. Each item or case of small items or item box shall bear the seal.

3309.3.2. Packaging.

Retailers shall display and sell consumer fireworks in their original packages only.

3309.3.3. Fireworks Construction.

The construction and composition of consumer fireworks shall comply with the American Pyrotechnics Association Standard 87-1, Standard for Construction and Approval for Transportation of Fireworks, Novelties and Theatrical Pyrotechnics, 2001 edition. See Annex C of NFPA 1124.

3309.4. Fire Department Testing and Approval.

All consumer fireworks shall be tested and certified by an approved, independent third party testing agency for compliance with the regulation of the Consumer Products Safety Commission (CPSC) as set forth in 16 CFR 1500 and 1505. Wholesalers shall have copies of the test reports shall be available for review.

3309.4.1. Fire Department Testing.

Each applicant shall provide the Clark County Fire Department with a complete inventory statement for each device for sale to consumers at least 90-days in advance of the first day of sale. Testing shall be accordance with the Southern Nevada Fire Chiefs Association Approved Guideline for Fireworks. Items not listed on the inventory statement will not be permitted for sale.

3309.4.2. Test Method.

Each device selected for testing shall be fired and tested according to 16 CFR 1500 and 1505. The pass/fail criteria will be according to these documents. Additionally, no product shall exhibit re-ignition, burn-out or prolonged burning within five (5) minutes after the termination of the primary effect produced by the device.

3309.5. Dangerous fireworks.

It shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at wholesale or retail, or use or explode any dangerous fireworks in the unincorporated towns of Clark County, Nevada. “Dangerous fireworks” include, but are not limited to, the following:

1. Fireworks that contain prohibited chemicals per NFPA 1124;

2. Firecrackers, salutes and other articles which explode;

3. Fireworks that fire an aerial display;

4. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge;

5. Roman candles, including all devices which discharge balls of fire into the air;

6. Sparklers more than ten inches in length or one-fourth inch in diameter;

7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include but are not limited to auto foolers, cigarette loads, exploding balls, trick matches;

8. Fireworks known as devil-on-the-walk, or any other fireworks which explode through means of friction;

9. Torpedoes of all kinds which explode on impact;

10. Fireworks kits;

11. Devices that travel a distance exceeding a 10 feet radius.

12. Such other fireworks examined and tested by the chief and determined to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.

3309.6. Fireworks Stands.

Fireworks stands (booths) shall be constructed, arranged and have the following construction and operational features.

3309.6.1. Operations.

Fireworks stands shall be operated from June 28 to July 4 of every calendar year.

3309.6.1.1.

Fireworks shall be returned to an approved wholesalers storage location at the end of each sales day and there shall be no storage in other locations including, but not limited to residential neighborhoods, dwellings, garages, public ways, driveways, trailers, or vehicles.

3309.6.2. Certificate of Insurance.

The permitted shall furnish a certificate of insurance for hazard coverage of up to $1,000,000 or greater as specified by CCFD.

3309.6.3 Personnel.

Fireworks stands shall be operated by at least one adult, 18 years or older, and not be occupied by anyone under the age of 14.

3309.6.4. Construction of Stands.

Each fireworks stand shall be constructed as follows:

1. No stand (booth) shall exceed 16 feet 6 inches in length or 8 feet in width.

2. All stands shall have no less than two unobstructed exits measuring a minimum of 6 feet tall and 2 feet in width. The counter shall not be considered an exit.

3. The siding and roof of the booths shall be made of a minimum of ¼-inch plywood or comparable material or of noncombustible materials.

4. Fireworks stands shall not have an attached canopy. Canopies shall be separated from stands by at least five (5) feet.

5. All wiring and appliances shall meet the requirements of the National Electrical Code and be protected from damage.

6. Overhead wiring powering fireworks stand shall be a minimum of 13 feet, 6 inches above grade.

7. Trailers used as fireworks stands may be used when approved.

3309.6.5. Fire safety features.

Each fireworks stand shall the following fire safety features;

1. A fully-charged fire extinguisher rated at least 2A 10BC.

2. “No Smoking” signs with 3-inch tall letters posted on all four sides of the stand.

3. Clear space between the stand and exposures as noted in Table 3309.5.5:

Table 3309.6.5 Minimum Separation Distance from sales stand

10 feet

Combustibles
Vehicle Parking
Curb of edge of roadway, street or driveway
Other fireworks stands

20 feet

Buildings
Tents
Fireworks storage
Above-ground storage tanks for flammable or combustible liquids, flammable compressed gases including propane.

50 feet

Motor vehicle fuel dispensing
Propane dispensers
Compressed natural gas dispensing

CHAPTER 160-B FIREWORKS

160-B:1 Definitions.

As used in this chapter:

I. “Fireworks” means fireworks as defined in 27 C.F.R. section 555.11.

IV. “Commissioner” means the commissioner of the department of safety.

V. “Display” means the use, explosion, activation, ignition, discharge, firing or any other activity which is intended to cause or which causes a firework to do what it was manufactured to do.

VI. “Sale” or “sell” means to sell, give or transfer to another, with or without consideration.

VII. “Retail” means the sale to any consumer or person not engaged in the business of making sales of fireworks.

VIII. “Wholesale” means engaging in the business of making sales to any other person engaged in the business of making sales of fireworks. “Wholesale” shall not include any making of sales to consumers or persons not engaged in the business of making sales of fireworks. To constitute a wholesale sale a sale must be for a minimum amount of $1,000. This minimum may be increased by the commissioner by rule adopted pursuant to RSA 541-A.

IX. “Consumer fireworks” means consumer fireworks as defined in 27 C.F.R. section 555.11 and formerly known as class C common fireworks.

X. “Display fireworks” means display fireworks as defined in 27 C.F.R. section 555.11 and formerly known as class B special fireworks.

160-B:2 Sale; Penalty.

I. No person shall sell fireworks other than a person who meets all of the following requirements:

(a) Has a federal permit to sell fireworks issued in accordance with title 18 of the United States Code.

(b) Has a state license to sell display and consumer fireworks issued pursuant to RSA 160-B:6.

(c) Has a local permit to sell display and consumer fireworks issued pursuant to RSA 160-B:6.

II. No person shall sell fireworks other than either:

(a) To a person who presents a certificate of competency issued pursuant to RSA 160-B:7 and RSA 158:9-f and leaves a copy of such certificate and who presents a permit to display issued pursuant to RSA 160-B:7 and leaves a copy of such permit; or

(b) To a person who possesses and shows a license for the storage of class B fireworks issued pursuant to RSA 158:9-f; or

(c) At wholesale to a person engaged in the sale of fireworks meeting all of the specifications in RSA 160-B:6, VII.

III. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

160-B:4 Possession; Penalty.

I. No person shall possess fireworks other than the following:

(a) A person who has in the person’s possession a certificate of competency issued pursuant to RSA 158:9-f and a valid permit to display issued pursuant to RSA 160-B:7.

(b) A person who has a federal permit to sell display fireworks issued in accordance with title 18 of the United States Code, a state license issued pursuant to RSA 160-B:6, and a municipal permit issued in accordance with RSA 160-B:6, or an employee of such person. For the purposes of this subparagraph, “employee” shall be limited to a person who is reported as an employee for state and federal tax purposes and for unemployment compensation purposes.

(c) A common carrier which is in possession of a bill of lading indicating that fireworks are being shipped to or from a licensed and permitted seller or a person who has a certificate of competency and a permit to display.

(d) Any manufacturer or common carrier shipping fireworks in interstate commerce through the state of New Hampshire which are not being delivered or received in this state.

(e) A person who has a licensed facility for the storage of display fireworks pursuant to RSA 158:9-c.

II. Any person who violates the provisions of this section shall be guilty of a violation unless the person possesses with intent to sell, in which case such person shall be guilty of a misdemeanor.

160-B:6 Requirements for Sale of Fireworks.

I. Any person who desires to sell display and consumer fireworks as limited by RSA 160-B:2 may apply to the municipality in which such person desires to sell fireworks. Such application shall be in a form prescribed by the commissioner. The licensing board of any municipality or, if one does not exist, the governing body may issue a permit to sell display and consumer fireworks to a person who applies, provided that the person has a valid permit for the sale of fireworks issued pursuant to Title 18 of the United States Code. No permit to sell fireworks shall be issued by the governing body without prior approval of the police chief and fire chief, if any, of the municipality. The municipality may charge a fee for the permit or application for permit under this section.

II. After the person has obtained a municipal permit to sell display and consumer fireworks, such person may apply for a state license to sell display and consumer fireworks. Upon application of any person, the commissioner, or a person designated by the commissioner, may issue a license authorizing the applicant to sell or market display and consumer fireworks in this state, provided the person has first obtained a permit to sell display and consumer fireworks pursuant to RSA 160-B:6, I. The license shall bear the name, address, description, and signature of the licensee. The license shall be displayed at all times, openly and publicly, at the licensee’s place of business. The license shall be issued within a reasonable time after application. The license shall be valid for not more than one year from the date of issue and may be renewed on May 1 of the following year. The initial licensing fee shall be pro-rated to correspond with the initial date of issue.

III. The state license may be issued to an applicant who, at the time such license is issued, possesses a permit issued in accordance with the provisions of title 18, United States Code, governing fireworks, and a permit issued pursuant to RSA 160-B:6, I. No license shall be issued for the sale of display and consumer fireworks unless the applicant establishes that it will locate its business in a permanent structure which meets all applicable fire safety codes, building codes, zoning codes, and the requirements of local ordinances. No license for the sale of display and consumer fireworks shall be issued to or held by any person who has been convicted of a felony if the felony has not been annulled by a court of record. No license shall be issued to any person under 21 years of age.

III-a. Buildings used for the sale or storage of display and consumer fireworks shall be dedicated solely to the sale or storage of display and consumer fireworks and items relating to the sale and promotion of fireworks provided for in rules adopted by the commissioner pursuant to RSA 541-A and shall comply with the applicable requirements of the state fire code adopted pursuant to RSA 153:5.

III-b. Prior to the issuance of a state license, the department of safety may conduct a background investigation of the applicant and may conduct an inspection of the site, including all buildings, in which the display and consumer fireworks are to be sold or stored.

IV. If the application for a state license is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety.

V. The fee for a license for each location shall be $1,500 per year, payable annually to the department of safety for deposit into the general fund.

VI. A person who has a federal permit issued in accordance with the provisions of title 18, United States Code, governing fireworks, a state license issued pursuant to this section, and a local permit issued pursuant to this section may sell display and consumer fireworks; however, such a person shall only sell display fireworks to a person who shows a certificate of competency issued pursuant to RSA 158:9-f, or who shows a license for the storage of display fireworks issued pursuant to RSA 158:9-c, or a license to sell display and consumer fireworks pursuant to this chapter. Any sale which the seller makes shall be recorded, and the record, at a minimum, shall contain a copy of the purchaser’s certificate of competency and display permit and, in the case of a wholesale sale, the purchaser’s retail number from the state of residence, IRS tax identification number or such other information as the commissioner shall specify by rule adopted pursuant to RSA 541-A.

VII. A wholesale sale shall not be made to a person or corporation which resides in New Hampshire other than to a person or corporation licensed to sell fireworks pursuant to paragraphs I-III of this section. Any wholesale sale shall be shipped by common carrier or by the wholesaler making the sale. For the purposes of this shipment the wholesaler shall not be authorized to make any person an agent for the limited purpose of transporting fireworks.

VIII. The only retail sale allowed shall be a sale to a person who possesses a certificate of competency and a display permit and leaves a copy of such certificate and display permit with the seller.

IX. No person under the age of 21 shall be engaged in the business of handling or selling any display or consumer fireworks; provided, however, that a person less than 21 years of age but at least 18 years of age may handle and sell display or consumer fireworks at a licensed sales or storage location or may handle display or consumer fireworks at a permitted display site if he or she is under the direct supervision of a person 21 years of age or older.

X. Any person who knowingly provides false information to the department of safety on an application for the sale of fireworks as provided in this section shall be guilty of a class A misdemeanor.

160-B:8 Rulemaking.

The commissioner shall adopt rules pursuant to RSA 541-A relative to:

I. The procedure and reasons for suspending or revoking a license issued pursuant to RSA 160-B:6.

II. Increasing the amount of sale necessary to constitute a wholesale sale, to account for inflation or other economic factors.

III. Expanding the definition of fireworks to cover any other devices used for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation which are not covered by the federal regulations governing display and consumer fireworks but which are deemed by the commissioner to constitute a threat to public safety.

IV. Insurance, bonding, or other evidence of financial responsibility to be required of any person licensed under this chapter.

V. Forms for applications and local permits to sell fireworks and forms for applications and local permits to display fireworks.

VI. All matters necessary to implement the provisions of RSA 160-B:12, relative to exceptions.

VII. Forms for applications and state licenses to sell fireworks.

VIII. Requirements for the safe use, handling, and storage of fireworks.

160-B:9 Enforcement.

Upon application, the superior court or district court is authorized to permit the law enforcement officials or certified fire citation officers of the state, counties, or any city or town to seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter. Nothing in this section shall be construed to restrict or limit any other authority granted by law to law enforcement officials or certified fire citation officers.

160-B:10 Local Option.

Any municipality in the state, by action of its local legislative body or local governing body, may vote to allow or to prohibit, within that municipality, the issuance of permits or licenses to the extent authorized under RSA 160-B:6 and 160-B:7. If the municipality has voted to prohibit the issuance of permits or the display of fireworks prior to March 1, 1992, such decision shall remain in effect unless subsequent action is taken under this section.

160-B:11 Civil Liability.

In addition to any other penalties imposed under this chapter, any person who violates the provisions of this chapter shall be liable, in any civil action, to any person for damages resulting from the illegal sale or use of fireworks, and neither assumption of risk nor contributory negligence shall be a defense for such violator.

160-B:12 Exceptions.

The commissioner may issue permits granting exceptions to the provisions of this chapter to persons who intend to use fireworks for agricultural, railroad, or military purposes, provided that the type of fireworks to be used are designed in such a way as to accomplish the purpose for which the permit is sought and provided that the person who applies for the exception has first received approval by the appropriate local official.

160-B:13 Appeal.

Any person aggrieved by a decision of the commissioner pursuant to this chapter may appeal pursuant to RSA 541.

160-B:14 Immediate Suspension Authority.

Notwithstanding any other provision of law to the contrary, the commissioner may immediately suspend a license issued pursuant to RSA 160-B:6 if the commissioner has evidence that the licensee is selling fireworks contrary to any of the provisions of RSA 160-B or any rules adopted under this chapter. Any person whose license is suspended pursuant to this section shall be given the opportunity for a hearing within 10 days of the suspension. Any person found to be selling fireworks after the person’s license has been suspended pursuant to this section shall not have the license reinstated for a minimum of one year from the date of suspension.

160-B:15 Advertising.

I. No person shall advertise fireworks by means of radio, television, newspaper, flyer, catalog, billboard, mobile or stationary sign, or any other means in such a way as to confuse or mislead the public about:

(a) The conditions under which fireworks may be purchased.

(b) The conditions under which fireworks may be used.

(c) The requirements contained in RSA 160-B, RSA 160-C, or any other provision of state or federal law or regulations.

II. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

160-B:16 Certain Sparklers Prohibited; Penalties.

I. Notwithstanding any law to the contrary, the sale, possession or display of class “C” sparklers or those sparklers consisting of a wire or stick which contain chlorates or perchlorates is prohibited.

II. Any person who sells or possesses with intent to sell class “C” sparklers or sparklers consisting of a wire or stick which contain chlorates or perchlorates shall be guilty of a misdemeanor.

III. Any person who displays or possesses without intent to sell class “C” sparklers or sparklers consisting of a wire or stick which contain chlorates or perchlorates shall be guilty of a violation.

160-B:16-b Retail Sale of Firecrackers Prohibited; Penalty.

The retail sale of firecrackers is prohibited. In this section, “firecracker” means a ground device firecracker as defined by the American Pyrotechnics Association in APA Standard 87-1 (2001) 3.1.3.1, as amended. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

160-B:16-c Retail Sale of Bottle Rockets Prohibited; Penalty.

The retail sale of bottle rockets is prohibited. In this section, “bottle rocket” means a bottle rocket as defined by the American Pyrotechnics Association in APA Standard 87-1 (2001) 3.1.2.1, as amended. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

160-B:19-a Emergency Removal From Sale or Use of Unsafe Devices.

I. The commissioner may, upon the recommendation of the state fire marshal or the director of state police, prohibit the sale or use of any display or consumer fireworks that pose an imminent threat to life and property.

II. Upon notification by the commissioner or designee that a display or consumer firework is prohibited for sale or use, a person licensed to sell display or consumer fireworks shall remove the item from the sales area and shall not sell the item to any person.

III. Any person who sells a display or consumer firework after being notified by the commissioner or designee that the item is prohibited for sale or use shall be guilty of a class A misdemeanor for the first offense and a class B felony for the second offense. In addition, the commissioner may revoke the violator’s license for a minimum period of 30 consecutive days.

IV. Any person who uses a display or consumer firework after being notified by the commissioner or designee, or by a law enforcement officer or fire official that the item is prohibited for sale or use shall be guilty of a class A misdemeanor for the first offense and a class B felony for the second offense. In addition, the commissioner may revoke the violator’s certificate of competency for a minimum period of 30 consecutive days.

V. Any license holder or certificate holder aggrieved by the action of the commissioner pursuant to this section may appeal pursuant to RSA 541.

CHAPTER 160-C PERMISSIBLE FIREWORKS

160-C:1 Definitions.

In this chapter:

I. “Commissioner” means the commissioner of the department of safety.

II. “Consumer fireworks” means consumer fireworks as defined in 27 C.F.R. section 555.11 and formerly known as class C common fireworks.

III. “Display fireworks” means display fireworks as defined in 27 C.F.R. section 555.11 and formerly known as class B special fireworks.

IV. “Fireworks” means fireworks as defined in 27 C.F.R. section 555.11.

V. “Permissible fireworks” means consumer fireworks, except for those items that are prohibited pursuant to RSA 160-B:16, 160-B:16-b, and 160-B:16-c.

VI. “Retail” means the sale to any consumer or person not engaged in the business of making sales of fireworks.

VII. “Sale” or “sell” means to sell, give, or transfer to another, with or without consideration.

160-C:2 Sale of Permissible Fireworks; Penalty.

I. No person shall sell fireworks other than a person who meets all of the following requirements:

(a) Has a federal permit to sell display fireworks issued in accordance with Title 18 of the United States Code.

(b) Has a state license to sell permissible fireworks issued pursuant to RSA 160-C:3.

(c) Has a local permit to sell permissible fireworks issued pursuant to RSA 160-C:3.

II. No person shall sell permissible fireworks:

(a) To any person less than 21 years of age, unless the person is between 18 and 21 years of age and is on active duty with the United States armed forces or has been called to active service as a member of the state guard; or

(b) To any person who appears to be under the influence of alcohol or drugs.

III. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

160-C:3 Requirements for the Sale of Permissible Fireworks.

I. Any person who desires to sell permissible fireworks shall apply to the municipality in which the permissible fireworks are to be sold. Such application shall be in a form prescribed by the commissioner. The licensing board of any municipality or, if one does not exist, the governing body may issue a permit to sell permissible fireworks to a person who applies, provided that the person has a valid permit for the sale of fireworks issued pursuant to Title 18 of the United States Code. No permit to sell permissible fireworks shall be issued by the governing body without the prior approval of the police chief, fire chief, and building inspector, if any, of the municipality. The municipality may charge a fee for the permit or application for permit under this section.

II. After the person has obtained a municipal permit to sell permissible fireworks, the person may apply for a state license to sell permissible fireworks. Upon application of any person, the commissioner or designee may issue a license authorizing the applicant to sell or market permissible fireworks in this state, provided the person has first obtained a permit to sell fireworks pursuant to RSA 160-C:3, I. The license shall bear the name, address, description, and signature of the licensee. The license shall be displayed at all times, openly and publicly, at the licensee’s place of business. The license shall be valid for not more than one year from the date of issue and may be renewed on May 1 of the following year. The initial license fee shall be pro-rated to correspond with the initial date of issue.

II-a. Persons seeking a state license shall file an application with the commissioner which is in such form and contains such information as the commissioner may establish by rule, consistent with the purposes of this chapter.

II-b. Only individuals lawfully residing in the United States, or partnerships or limited liability companies organized under the laws of this state or authorized to transact business within the state, or corporations organized under the laws of one of the United States and currently registered to do business in New Hampshire shall be licensed under this chapter.

II-c. All license applications shall be made in the name of the proposed licensee and shall be signed and sworn to by the proposed licensee. In the case of a partnership, limited liability company, or corporate applicant, the application shall be signed and sworn to by all partners or an officer of the proposed licensee, or in the case of a limited liability company by each member if a natural person, or by a duly appointed representative of the membership if any other person, or by the manager of the limited liability company who must submit a copy of the written authorization of the limited liability company membership to sign the application.

II-d. An applicant intending to employ a trade name in the proposed business shall submit evidence with its application which demonstrates that the trade name is currently registered in New Hampshire.

II-e. A separate license application shall be filed with respect to each place of business sought by a single licensee.

II-f. The commissioner shall receive and evaluate sufficient information to identify and to evaluate the qualification of all persons with the de jure or de facto right to control the operations and policies of the proposed licensee. Among other things, license applications shall disclose fully and accurately:

(a) The applicant’s identity, the applicant’s permanent residence address in the case of an individual, and the applicant’s principal place of business.

(b) The names and addresses of any persons who own or have the right to control an interest in the proposed licensee.

(c) Any agency agreement or other contract between the applicant and third persons intended to affect the operation of the proposed business, and the identity of the third party involved.

(d) The applicant’s other business interests.

(e) The name, location, physical layout, and nature of the proposed business.

(f) All licenses issued to and all other license applications filed by the applicant and its principal owners pursuant to this chapter during the previous 5 years.

(g) The name and address of the actual manager of the proposed business and his or her qualifications to perform such work.

II-g. Corporate applicants shall disclose the names and permanent addresses of all directors, officers, and shareholders, except that corporations with more than 20 shareholders may disclose only those persons owning or controlling 5 percent or more of the outstanding shares. Limited liability company applicants shall disclose the names and permanent addresses of all members. Partnership applicants shall disclose the names and addresses of all partners, except that partnerships with more than 20 partners may disclose only those persons who are managing partners and those persons who own or control a partnership share of 5 percent of more. If the principal controlling shareholders, members, or partners are themselves owned or controlled by other persons, then the information required by this paragraph shall also be furnished for each such person until the person or persons with the ultimate legal right to control the applicant’s proposed business have been fully identified. No license shall be issued under this section to any person who has been convicted of a felony, or to any partnership, limited liability company, or corporation when a partner, director, officer, member, or any other person with a controlling interest in the operation of the business has been convicted of a felony.

II-h. The commissioner shall not issue a license under this section unless the commissioner is satisfied that:

(a) The application is complete in all respects.

(b) The applicant, and any principal controlling owners, directors, or natural persons who are members of any business entity, or officers disclosed pursuant to paragraphs II-f and II-g, are at least 21 years of age.

(c) In the case of corporate, limited liability company, or partnership applicants controlled by persons who do not reside in the United States, the proposed business would not be managed in a manner which would unduly hinder the commissioner from exercising the commissioner’s regulatory responsibilities. Inaccessibility of relevant records or unresponsiveness to inquiries which result from foreign control shall be grounds for revoking or suspending a license which has already been granted.

III. The state license may be issued to an applicant who, at the time such license is issued, possesses a permit issued in accordance with the provisions of Title 18, United States Code, governing fireworks, and a permit issued pursuant to RSA 160-C:3, I. No license shall be issued for the sale of permissible fireworks unless the applicant establishes that it will locate its business in a permanent structure which meets all applicable fire safety codes, building codes, zoning codes, and the requirements of local ordinances. No license for the sale of permissible fireworks shall be issued to any person who has been convicted of any offense involving fireworks or explosives within the 2-years prior to the application or who has been found to have violated any fireworks or explosives laws, rules, or regulations within the 2 years prior to the application. No license shall be issued to any person under 21 years of age.

IV. Buildings used for the sale of permissible fireworks shall be dedicated solely to the sale and storage of permissible fireworks and items relating to the sale and promotion of fireworks provided for in rules adopted by the commissioner pursuant to RSA 541-A and shall comply with the applicable requirements of the state fire code adopted pursuant to RSA 153:5.

V. Prior to the issuance of a state license, the department of safety may conduct a background investigation of the applicant and may conduct an inspection of the site, including all buildings, at which the permissible fireworks are to be sold or stored.

VI. If the application for a state license is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety.

VI-a. Any applicant denied a license under this chapter shall be granted a hearing by the commissioner, upon the applicant’s request.

VII. The fee for a license for each location shall be $1,500 per year, payable annually to the department of safety for deposit into the fire standards and training and emergency medical services fund established in RSA 21-P:12-d for the purpose of funding the fireworks inspection program.

VIII. No person under the age of 21 shall be engaged in the business of handling or selling any permissible fireworks; provided, however, that a person less than 21 years of age but at least 18 years of age may handle and sell permissible fireworks at a licensed sales location if he or she is under the direct supervision of a person 21 years of age or older.

IX. Any person who knowingly provides false information to the department on an application for the sale of permissible fireworks as provided in this section shall be guilty of a misdemeanor.

X. No licensee shall employ a person to handle or sell fireworks who has been convicted of any offense involving fireworks or explosives within the past 2 years or who has been found to have violated any fireworks or explosives laws, rules, or regulations within the past 2 years.

XI. Nothing in this section shall preclude the sale of permissible fireworks to any other person engaged in the business of selling permissible fireworks.

160-C:4 Rulemaking.

The commissioner shall adopt rules pursuant to RSA 541-A relative to:

I. The procedure and reasons for denying, suspending, or revoking an application or a license issued pursuant to RSA 160-C:3.

II. Insurance or other evidence of financial responsibility to be required of any person licensed under this chapter, except that no bonding requirement shall be imposed on retail sellers of permissible fireworks.

III. Forms for applications and local permits to sell permissible fireworks.

IV. Forms for applications and state licenses to sell permissible fireworks.

V. Requirements for the safe use, handling, and storage of permissible fireworks.

160-C:5 Enforcement.

Upon application, the superior court or district court is authorized to permit the law enforcement officials or certified fire citation officers of the state, counties, or any city or town to seize, take, remove, or cause to be removed at the expense of the owner all stocks of permissible fireworks offered or exposed for sale, stored, or held in violation of this chapter. Nothing in this section shall be construed to restrict or limit any other authority granted by law to law enforcement officials or certified fire citation officers.

160-C:6 Local Option.

Any municipality in the state, by action of its local legislative body or local governing body, may vote to allow or to prohibit, within that municipality, the issuance of permits or licenses to sell permissible fireworks or the display or possession of permissible fireworks. If the municipality has voted to prohibit the issuance of permits or licenses or the display or possession of permissible fireworks prior to the effective date of this section, such decision shall remain in effect unless subsequent action is taken under this section.

160-C:7 Civil Liability.

In addition to any other penalties imposed under this chapter, any person who violates the provisions of this chapter shall be liable, in any civil action, to any person for damages resulting from the illegal sale or use of permissible fireworks, and neither assumption of risk nor contributory negligence shall be a defense for such violator.

160-C:8 Immediate Suspension Authority.

Notwithstanding any other provision of law to the contrary, the commissioner may immediately suspend a license issued pursuant to RSA 160-C:3 if the commissioner has evidence that the licensee is selling fireworks contrary to any of the provisions of RSA 160-C or any rules adopted under this chapter. Any person whose license is suspended pursuant to this section shall be given the opportunity for a hearing within 10 days of the suspension. Any person found to be selling permissible fireworks after the person’s license has been suspended pursuant to this section shall not have the license reinstated for a minimum of one year from the date of suspension.

160-C:9 Advertising.

I. No person shall advertise permissible fireworks by means of radio, television, newspaper, flyer, catalog, billboard, mobile or stationary sign, or any other means in such a way as to confuse or mislead the public about:

(a) The conditions under which fireworks may be purchased.

(b) The conditions under which fireworks may be used.

(c) The requirements contained in RSA 160-B, 160-C, or any other provision of state or federal law or regulations.

II. Any person who violates the provisions of this section shall be guilty of a misdemeanor.

III. Any advertisement for the sale of permissible fireworks shall at a minimum contain the words: “Check with your local fire department to see if permissible fireworks are allowed in your community.”

160-C:10 Sales of Permissible Fireworks Allowed; Penalty.

I. Any person who sells permissible fireworks shall post in a conspicuous place on the sales premises a list, prepared by the commissioner, of all municipalities in the state where the display or possession of permissible fireworks is prohibited.

IV. Any person who violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.

160-C:11 Possession and Display of Permissible Fireworks; Penalty.

I. Notwithstanding RSA 160-B:4, a person who is 21 years of age or older may possess permissible fireworks except in a municipality which has voted to prohibit possession pursuant to RSA 160-C:6. A person who is 21 years of age or older may display permissible fireworks on private property with the written consent of the owner or in the owner’s presence, except in a municipality which has voted to prohibit display of permissible fireworks pursuant to RSA 160-C:6.

II. Any person who violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.

160-C:12 Distribution of Pamphlet Required.

Any person engaged in selling permissible fireworks shall make available to the purchaser a pamphlet, approved by the commissioner, detailing the appropriate and safe use of the permissible fireworks being sold.

160-C:13 Permissible Fireworks Advisory Committee.

I. There is hereby established a permissible fireworks advisory committee. The composition of this committee shall be as follows: one senator, appointed by the senate president; one representative, appointed by the speaker of the house of representatives; the state fire marshal, or designee; the director of the division of state police, or designee; and 3 public members, 2 of whom shall be engaged in the retail sale of consumer fireworks in New Hampshire and one of whom shall be a regular purchaser of consumer fireworks, appointed by the governor. No vote of the committee shall take place unless 3 members of the committee are present. The term of office of each member appointed by the governor shall be 2 years and until a successor is appointed and qualified. The other members of the committee shall serve terms coterminous with their terms in office. Vacancies shall be filled in the same manner for the unexpired terms. Members shall serve without compensation, except that the legislative members shall receive mileage at the legislative rate. The committee shall elect a chairperson annually.

II. The committee shall meet at least once per calendar year, prior to October 1, and within 30 days of any emergency removal from retail sale of permissible fireworks pursuant to RSA 160-C:16. The purpose of the meeting following the emergency removal of permissible fireworks shall be to review the basis for the commissioner’s decision and to make a recommendation to the commissioner as to whether the items are properly classified pursuant to 27 C.F.R. section 555.11.

III. The committee shall review the rules and standards of the Consumer Product Safety Commission regarding consumer fireworks so as to provide information and advice to the commissioner on the application and enforcement of the state’s fireworks laws.

IV. On or before December 1, 2011, and each December 1 thereafter the committee shall make a report of the committee’s activities and any recommendations for legislation to the commissioner, the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, and the state library.

160-C:14 Transportation.

It shall not be unlawful for a person who has legally purchased permissible fireworks to transport them from the point of purchase to a municipality that has not prohibited the possession of permissible fireworks pursuant to RSA 160-C:6.

160-C:16 Emergency Removal from Retail Sale of Permissible Fireworks.

I. (a) The commissioner may, upon the recommendation of the state fire marshal or the director of state police, at any time and with notice to the permissible fireworks advisory committee, suspend from retail sale or otherwise order the removal from retail sale of any permissible firework item that poses an imminent threat to life and property.

(b) The commissioner shall, within 15 days of action taken pursuant to this paragraph, file a report and request a finding from the federal Consumer Product Safety Commission, a determination on the legal status of the permissible consumer firework item being suspended or removed by the commissioner from retail sale.

(c) The commissioner’s suspension or removal of any such firework items shall continue in force and effect until such time as a determination can be made and shall not supersede any finding by the Consumer Product Safety Commission pursuant to the commissioner’s report and request.

II. Upon notification by the commissioner or designee that a permissible firework is prohibited from being sold, a person licensed to sell permissible fireworks shall remove the item from the public sales area and shall not sell the item to any person.

III. Any person who sells a permissible firework item after being notified by the commissioner or designee that the item is prohibited from being sold shall be guilty of a class B misdemeanor. In addition, the commissioner may revoke the violator’s license for a minimum period of 10 consecutive days, but not to exceed 30 days. On the third violation of this section, the commissioner shall revoke the license for the remainder of the licensure term.

IV. Any license holder aggrieved by the action of the commissioner pursuant to this section may appeal pursuant to RSA 541.

160-C:17 Fireworks Inspector.

There is hereby established in the office of the state fire marshal the full-time classified position of fireworks inspector. The fireworks inspector shall be under the direction and supervision of the state fire marshal and shall:

I. Inspect fireworks sales outlets.

I-a. Inspect sites and facilities for the display or storage of display fireworks, as defined in RSA 160-B:1, X.

I-b. Coordinate enforcement activities relative to illegal sales, including the disposal or proper storage of illegal fireworks.

IV. Develop an informational booklet on fireworks to be issued to police and fire agencies throughout the state.

V. Coordinate media releases and public education efforts concerning fireworks.

21:2-1. Short title of act

This chapter may be cited as the “fireworks regulation law”.

21:2-2. General definitions

As used in this chapter:

“Fireworks” include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation.

“Fireworks factory building” means any building or other structure in which the manufacture of fireworks, other than sparklers, or in which any processing involving fireworks other than sparklers, is carried on.

“Fireworks plant” means and includes all lands, with buildings thereon, used in connection with the manufacturing or processing of fireworks, as well as storehouses located thereon for the storage of finished fireworks.

“Highway” means any public street, public alley, public road, or navigable stream.

“Navigable streams” mean streams susceptible of being used, in their ordinary condition, as highways of commerce, over which trade and travel are or may be conducted in the customary modes, but shall not include streams which are not capable of navigation by barges, tugboats, and other large vessels.

“Railroad” means any steam, electric or other railroad which carries passengers for hire, but shall not include sidings or spur tracks installed primarily for the use of the fireworks plant.

21:2-3. “Dangerous fireworks” defined

“Dangerous fireworks” mean and include the following:

Toy torpedoes containing more than 5 grains of an explosive composition.

Paper caps containing more than .35 grain of explosive composition.

Firecrackers or salutes exceeding 5 inches in length or 3/4 inch in diameter.

Cannons, canes, pistols or other devices designed for use otherwise than with paper caps.

Any fireworks containing a compound or mixture of yellow or white phosphorous or mercury.

Any fireworks that contain a detonator or blasting cap.

Fireworks compositions that ignite spontaneously or undergo marked decomposition when subjected for 48 consecutive hours to a temperature of 167` Fahrenheit.

Fireworks that can be exploded en masse by a blasting cap placed in one of the units or by impact of a rifle bullet or otherwise.

Fireworks, such as sparklers or fuses, containing a match tip, or head, or similar igniting point or surface, unless each individual tip, head or igniting point or surface is thoroughly covered and securely protected from accidental contact or friction with any other surface.

Fireworks containing an ammonium salt and a chlorate.

21:2-4. Application of chapter

Nothing in this chapter shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, to the military or naval forces of the United States, to the duly authorized militia of the State, to the use and manufacture of signals and fuses necessary for the safe operation of railroads, steamboats or aircraft, or to the use of fireworks for agricultural purposes in connection with the raising of crops.

21:2-6. Dangerous fireworks prohibited

It shall be unlawful to manufacture, sell, transport or use dangerous fireworks within the state.

21:2-9. Storage buildings; location of

No building in a fireworks plant used for the storage of finished fireworks, other than those containing only sparklers, shall be situated nearer than three hundred feet from any building not used in connection with the manufacture of fireworks, nor from any highway, railroad or navigable stream, nor within three hundred feet of the property line of the fireworks plant. This section shall not apply to such storehouses existing on March twenty-fifth, one thousand nine hundred and thirty.

21:2-10. Fences, gates and watchmen

All fireworks plants shall be enclosed on all sides by substantial fences and all openings to such enclosures shall be fitted with suitable gates, which, when not locked, shall be in charge of a competent watchman who shall have charge of the fireworks plant when it is not in operation.

21:2-11. Fire protection

Fireworks plants and all buildings situated within fireworks plant enclosures, shall be equipped with suitable fire protection, commensurate with the hazard involved, to protect life and property from direct burning and exposure. Such fire protection shall be installed as directed by the Commissioner of Labor or by the agency in the municipality wherein a plant is located which is authorized to enforce the “Uniform Fire Safety Act,” P.L.1983, c.383 (C.52:27D-192 et seq.).

21:2-12. Precautions against fire

No stoves, exposed flame or electrical heating devices shall be used in any part of any fireworks plant, except in the boiler room or machine shop if no fireworks or chemicals are stored therein. All parts of the buildings in fireworks plants shall be kept clean, orderly and free from accumulations of dust or rubbish.

21:2-15. Marking packages

The outside of each package of fireworks prepared by a manufacturer shall bear upon the outside thereof the words “Fireworks–Handle Carefully–Keep Fire Away” in letters not less than 7/16 inch in height, and in addition shall show the name of the fireworks manufacturer.

21:2-16. Uniforms of employees

All factory employees in fireworks plants employed in loading, filling or handling of charged fireworks in process of manufacture, or of explosive compositions, shall be clothed in suitable uniforms to be approved by the department of labor.

21:2-17. Matches, liquor and narcotics

No employee or other person shall enter or attempt to enter any fireworks plant with matches or other flame-producing devices, nor with liquor or narcotics in his or her possession or control, nor while under the influence of liquor or narcotics, nor partake of intoxicants or narcotics while in the plant.

21:2-18. Smoking and carrying matches in fireworks plant

No person shall smoke nor carry matches, a lighted cigar, cigarette or pipe within any room or enclosed place or upon any part of a fireworks plant.

21:2-19. Warning signs

All fireworks plants shall be properly posted with “Warning” and “No Smoking” signs.

21:2-20. Containers for matches at entrances

It shall be the duty of the superintendent, foreman or other person in charge of any fireworks plant to provide safety containers for matches at all main entrances of the plant, where all matches in the possession of all persons shall be deposited before entering the plant enclosure.

21:2-21. Inspection

On receipt of an application to operate a fireworks plant, the commissioner of labor shall cause an inspection to be made of the premises described in the application for the purpose of determining whether they conform to the provisions of this chapter.

21:2-22. Certificate of registration; posting

If the conditions in the fireworks plant conform to the provisions of this chapter, the commissioner of labor shall issue a certificate of registration which shall be protected under glass and posted in a conspicuous place near the entrance to the fireworks plant. The certificate shall continue in force until revoked.

21:2-23. Denial of certificate; reasons filed

If the commissioner denies an application for a certificate of registration, he shall file in his office a statement of the reasons therefor and furnish the applicant with a copy of the same.

21:2-24. Revocation of certificate

The commissioner may revoke a certificate of registration if the fireworks plant is not maintained in accordance with the provisions of this chapter applicable thereto.

21:2-25. Statement of reasons for revocation

If a certificate is revoked the commissioner shall file in his office a statement of the reasons therefor and furnish a copy of same to the owner and persons operating the fireworks plant. No fireworks plant shall be operated after revocation of its certificate of registration until such fireworks plant complies with this chapter, and a new certificate is issued.

21:2-26. Records and duplicates of certificates

A record of the certificates of registration issued and revoked shall be kept on file in the office of the commissioner, and a duplicate sent to the chief of the fire department of each community, in which a fireworks plant is located.

21:2-27. Indemnity bond

The owner or operator of any fireworks plant, within sixty days after demand therefor in writing by the commissioner of labor, unless exempted therefrom as hereinafter provided, shall file and keep on file with the department of banking and insurance of the state, an indemnity bond payable to the state of New Jersey in such sums as may be determined by the commissioner of labor and set forth in such demand, not in excess of fifty thousand dollars nor less than ten thousand dollars, with surety or sureties satisfactory to such department, conditioned for the payment of all final judgments that may be rendered against such owner or operator for damages caused to persons and property by reason of any explosion at such fireworks plant of the product or component part or parts thereof there manufactured, processed or handled.

21:2-28. Exemption from filing bond

Any fireworks plant owner or operator desiring to be exempted from filing such bond may make application to the state department of banking and insurance, showing his financial ability to discharge all such judgments to the amount of the bond required by the commissioner of labor that may be entered against him, whereupon such department, if satisfied with the financial ability of the applicant, shall, by written order, exempt the applicant from the filing of such bond, and the department of banking and insurance may from time to time require further statements from the applicant showing his financial ability and, if dissatisfied therewith, may in its discretion revoke such exemption, and require the filing of such bond.

21:2-29. Prohibited places of storage or sale

It shall be unlawful to store or sell fireworks:

a. In any building where paints, oils or varnishes are manufactured or kept for use or sale, unless paints, oils and varnishes are in original unbroken containers;

b. In any building where matches (other than approved safety matches), rosin, turpentine, gasoline, or other highly inflammable substances, or substances which may generate inflammable vapors are used, stored or kept for sale;

c. In any building where stoves or exposed flame are used in the part of the building where fireworks are stored or offered for sale.

21:2-30. Smoking not allowed in place of sale

No smoking shall be allowed in any building where fireworks are offered for sale. Over each entrance to such a store a sign in large letters shall be displayed reading “Fireworks for Sale–No Smoking Allowed”.

21:2-35. Violations; crime of fourth degree

Any person who fails to comply with or violates any of the provisions of this chapter shall be guilty of a crime of the fourth degree.

21:2-36. Delivery of fireworks prohibited; exceptions

a. A person shall not knowingly deliver fireworks to a person within this State unless the person to whom delivery is to be made is named on a valid permit obtained pursuant to R.S.21:3-1 et seq. as the person authorized to receive fireworks or unless the person is the owner, manager, or designated employee acting as the agent of the owner or manager, of a legally operated commercial enterprise registered pursuant to section 10 of P.L.1991, c.55 (C.21:2-37). At the time of delivery, the person receiving the fireworks shall make the permit or registration available to the person making delivery for review and the number of the permit or registration held by the receiver shall be recorded on each bill of lading, manifest or invoice issued to cover the sale and shipment of the fireworks. A record of the bill of lading, manifest, or invoice shall be retained by the person making delivery for a period of three years and shall be available for inspection by municipal enforcement authorities, the Department of Labor, or other law enforcement authorities.

A package to be delivered to a person who does not have a valid permit or registration shall be turned over to the local municipal law enforcement authority who in turn shall notify the Office of Safety Compliance in the Department of Labor.

b. A package containing fireworks prepared by a manufacturer, supplier or seller for shipment or transportation into or within this State to a purchaser or receiver shall be labeled in accordance with the requirements of State and federal law, and the rules and regulations promulgated pursuant to those laws, concerning the transportation of hazardous materials.

Notwithstanding the penalty set forth in R.S.21:2-35, a violation of this section is a disorderly persons offense.

21:2-37. Registration of fireworks manufacturers, dealers

A person who is the owner or manager of a legally operated commercial enterprise involving the manufacture, distribution, storage, or sale of fireworks shall, in addition to the certificate of registration issued pursuant to R.S.21:2-22 or a permit issued pursuant to section 2 of P.L.1954, c.52 (C.21:2-29.1), annually register with the municipality in which the main office of the enterprise is located and with any municipality in which the enterprise stores fireworks, if fireworks are stored in a municipality other than the municipality in which the main office is located. The registration shall be filed with the agency authorized to enforce the “Uniform Fire Safety Act,” P.L.1983, c.383 (C.52:27D-192 et seq.) by submitting a letter of registration or by completing a form supplied by the agency.

An identification number for the registration shall be issued and a certified copy of the registration shall be returned to the owner or manager. The registration shall be available upon request for inspection by any person during normal business hours. A copy of each registration shall be forwarded to the Office of Safety Compliance in the Department of Labor.

The agency with which a registration is filed may deny the registration if it finds that the enterprise is not a legally operated commercial enterprise. Denial shall be in writing with the reasons for denial clearly stated. A copy of the letter of the denial shall immediately be forwarded to the Office of Safety Compliance in the Department of Labor.

21:3-1. Sale, use, etc., declared against public health, safety and welfare

The sale, exposure for sale, use, distribution or possession of fireworks or pyrotechnics in the state of New Jersey, except as hereinafter provided, is hereby declared by the legislature to be against the public health, safety and welfare of the people of the state of New Jersey.

21:3-2. Sale, possession or use prohibited; exceptions

It shall be unlawful for any person to offer for sale, expose for sale, sell, possess or use, or explode any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of balloon which requires fire underneath to propel the same; firecrackers; torpedoes; skyrockets, Roman candles, bombs, sparklers or other fireworks of like construction, or any fireworks containing any explosive or inflammable compound or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound containing any of the same or other explosives, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, other than aviation and railroad signal light flares, except (a) that it shall be lawful for any person to offer for sale, expose for sale, sell, possess or use, or explode any toy pistol, toy cane, toy gun, or other device in which paper or plastic caps containing .25 grain or less of explosive compound per cap are used, providing they are so constructed that the hand cannot come in

contact with the cap when in place for use, and toy pistol paper or plastic caps which contain less than .20 grain of explosive mixture per cap and (b) as in this chapter further provided.

Except as otherwise may be provided in this chapter, it shall be lawful to sell fireworks to a person only if that person is named as the authorized purchaser in a valid permit issued pursuant to R.S.21:3-3 or that person is the owner, manager, or designated employee acting as the agent of the owner or manager, of a legally operated commercial enterprise registered pursuant to section 10 of P.L.1991, c.55 (C.21:2-37), and the permit is presented to the manufacturer, seller or distributor at the time of purchase. If the manufacturer, seller or distributor is located in a state other than this State, a purchase shall be by mail order form and a photocopy of the valid permit or registration shall be submitted with the form to satisfy the requirement in this paragraph.

21:3-4. Contents of applications for permits; approval of storage place; permit not transferable

All such applications for permits shall set forth the name of the person authorized to purchase, or otherwise order, and receive delivery of any fireworks, the specific types or kinds of fireworks to be obtained and used, the date, the hour, place of making such display, and place of storing fireworks prior to the display and, further, the name or names of the person, persons, firm, partnership, corporation, association or group of individuals making the display; the name of the person, or persons, in charge of the igniting, firing, setting-off, exploding or causing to be exploded such fireworks. The location of the storage place shall be subject to the approval of the chief of the fire department of the municipality. No permit granted hereunder shall be transferable.

21:3-5. Surety by licensee

The governing body of the municipality shall require surety which may be cash, government bonds, personal bond, or other form of insurance in a sum of not less than twenty-five hundred dollars ($2,500.00), conditioned for the payment of all damages, which may be caused either to a person or persons or to property, by reason of the display so as aforesaid licensed, and arising from any acts of the licensee, his agents, employees or subcontractors. Such surety shall run to the municipality in which the license is granted, and shall be for the use and benefit of any person, persons, or the owner or owners of any property so damaged, who is or are authorized to maintain an action thereon, or his or their heirs, executors, administrators, successors or assigns.

21:3-6. Copy of application and permit forwarded to Department of Labor

A duplicate copy of the application and of the permit granted shall be forwarded to the Office of Safety Compliance in the Department of Labor by the governing body granting such permit and such copies shall be kept on file in the department, subject to public inspection.

21:3-7. Effect on existing laws; exceptions

Nothing in this chapter contained shall be construed to interfere with the provisions of chapter 2 of this title (s. 21:2-1 et seq.) where the provisions thereof are not inconsistent with the provisions of this chapter, nor shall anything in this chapter contained be construed to prohibit any manufacturer, wholesaler, dealer or jobber from selling at wholesale such fireworks to municipalities, religious, fraternal or civic organizations, fair associations, amusement parks, or other organizations or groups of individuals authorized to possess and use fireworks under this chapter; or the sale of any kind of fireworks, provided the same are to be shipped directly out of the state; or the sale or use of blank cartridges for a show or theater, or for signal purposes in athletic sports, or by railroads for signal purposes, or for the use by the militia, or construed to prohibit the manufacture and sale of aviation and railroad light flares. Any provision of any law in this state inconsistent with any provision of this chapter is hereby repealed.

21:3-8. Penalties for violations

Any person who sells, offers or exposes for sale, or possesses with intent to sell any fireworks as herein mentioned is guilty of a crime of the fourth degree. Any person who purchases, uses, discharges, causes to be discharged, ignites, fires, or otherwise sets in action, or possesses any fireworks is guilty of a petty disorderly persons offense.

21:3-9. Enforcement by municipalities

The municipalities of this State, and the Department of Labor and Industry, are hereby charged with the enforcement of all of the provisions of this chapter.

60-2C-1. Short title.

Chapter 60, Article 2C NMSA 1978 may be cited as the “Fireworks Licensing and Safety Act”.

60-2C-2. Definitions.

As used in the Fireworks Licensing and Safety Act:

A. “aerial shell” means a cylindrical or spherical cartridge containing a lift charge, burst charge and effect composition. Upon firing from a reloadable tube, the lift charge is consumed and the cartridge is expelled into the air;

B. “aerial shell kit-reloadable tube” means a package or kit containing a cardboard, high-density polyethylene or equivalent launching tube and not more than twelve small aerial shells. Each aerial shell is limited to a maximum of sixty grams of total chemical composition, including lift charges, and the maximum diameter of each shell shall not exceed one and three-fourths inches;

C. “bosque” means a cottonwood corridor adjacent to a river;

D. “chaser” means a paper or cardboard tube venting out the fuse end of the tube that contains no more than twenty grams of chemical composition and travels along the ground, often producing a whistling effect or other noise; an explosive composition not to exceed fifty milligrams may be included to produce a report;

E. “chemical composition” includes all pyrotechnic and explosive composition contained in a fireworks device, but does not include inert materials such as clay used for plugs or organic matter such as rice hulls used for density control;

F. “cone fountain” means a cardboard or heavy paper cone containing no more than fifty grams of pyrotechnic composition that has the same effect as a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams;

G. “crackling device” means a sphere or paper tube that contains no more than twenty grams of pyrotechnic composition that produces a flash of light and a mild, audible crackling effect upon ignition, which effect is not considered to be an explosion. Crackling devices are not subject to the fifty-milligram limit of firecrackers;

H. “cylindrical fountain” means a cylindrical tube containing not more than seventy-five grams of pyrotechnic composition that produces a shower of colored sparks and sometimes a whistling effect or smoke. The device may be provided with a spike for insertion into the ground or a wood or plastic base for placing on the ground or a wood or cardboard handle to be hand held. When more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams;

I. “display distributor” means a person, firm or corporation selling display fireworks;

J. “display fireworks” means devices primarily intended for commercial displays that are designed to produce visible or audible effects by combustion, deflagration or detonation, including salutes containing more than one hundred thirty milligrams of explosive composition; aerial shells containing more than forty grams of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits for permissible fireworks;

K. “distributor” means a person, firm or corporation selling fireworks to wholesalers and retailers for resale;

L. “explosive composition” means a chemical compound or mixture, the primary purpose of which is to function by explosion, producing an audible effect in a fireworks device;

M. “firecracker” means a small, paper-wrapped or cardboard tube containing no more than fifty milligrams of explosive composition that produces noise and a flash of light; provided that firecrackers used in aerial devices may contain up to one hundred thirty milligrams of explosive composition per report;

N. “fireworks” means devices intended to produce a visible or audible effect by combustion, deflagration or detonation and are categorized as “permissible fireworks” or “display fireworks”, but does not include novelties or theatrical pyrotechnics articles;

O. “flitter sparkler” means a narrow paper tube attached to a stick or wire and filled with no more than five grams of pyrotechnic composition that produces color and sparks upon ignition and the paper at one end of the tube is ignited to make the device function;

P. “ground spinner” means a small, rapidly spinning device containing no more than twenty grams of pyrotechnic composition venting out an orifice usually on the side of the tube that when ignited produces a shower of sparks and color. “Ground spinner” is similar in operation to a wheel, but is intended to be placed flat on the ground and ignited;

Q. “helicopter” or “aerial spinner” means a tube containing no more than twenty grams of chemical composition with a propeller or blade attached that spins rapidly as it rises into the air with a visible or audible effect sometimes produced at or near the height of flight;

R. “illuminating torch” means a cylindrical tube containing no more than one hundred grams of pyrotechnic composition that produces a colored flame upon ignition and may be spiked, based or hand held. When more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams;

S. “manufacturer” means a person, firm or corporation engaged in the manufacture of fireworks;

T. “mine” or “shell” means a heavy cardboard or paper tube usually attached to a wooden or plastic base and containing no more than sixty grams of total chemical composition, including lift charges, per tube that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect, or other devices propelled into the air, and that contains components producing reports containing a maximum one hundred thirty milligrams of explosive composition per report. A mine may contain more than one tube, but the tubes must fire in sequence upon ignition of one external fuse, must be a dense-packed collection of mine or shell tubes and the total chemical composition, including lift charges, shall not exceed two hundred grams;

U. “missile-type rocket” means a device similar to a stick-type rocket in size, composition and effect that uses fins rather than a stick for guidance and stability and that contains no more than twenty grams of chemical composition;

V. “multiple tube devices” means a device that contains more than one cardboard tube and the ignition of one external fuse that causes all of the tubes to function in sequence. The tubes are individually attached to a wood or plastic base or are dense-packed and are held together by glue, wire, string or other means that securely hold the tubes together during operation. A maximum total weight of five hundred grams of pyrotechnic composition shall be permitted; provided that the tubes are securely attached to a wood or plastic base and are separated from each other on the base by a distance of at least one-half inch. The connecting fuses on multiple tube devices shall be fused in sequence so that the tubes fire sequentially rather than all at once;

W. “novelties” means devices containing small amounts of pyrotechnic or explosive composition that produce limited visible or audible effects, including party poppers, snappers, toy smoke devices, snakes, glowworms, sparklers or toy caps, and devices intended to produce unique visual or audible effects that contain sixteen milligrams or less of explosive composition and limited amounts of other pyrotechnic composition, including cigarette loads, trick matches, explosive auto alarms and other trick noisemakers;

X. “permissible fireworks” or “consumer fireworks” means fireworks legal for sale to and use in New Mexico by the general public that comply with the latest construction, performance, composition and labeling requirements established by the United States consumer product safety commission and the United States department of transportation;

Y. “pyrotechnic composition” means a chemical mixture that on burning and without explosion produces visible or brilliant displays or bright lights or whistles or motion;

Z. “retailer” means a person, firm or corporation purchasing fireworks for resale to consumers;

AA. “roman candle” means a heavy paper or cardboard tube containing no more than twenty grams of chemical composition that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect;

BB. “specialty retailer” means a person, firm or corporation purchasing permissible fireworks for year-round resale in permanent retail stores whose primary business is tourism;

CC. “stick-type rocket” means a cylindrical tube containing no more than twenty grams of chemical composition with a wooden stick attached for guidance and stability that rises into the air upon ignition and produces a burst of color or sound at or near the height of flight;

DD. “theatrical pyrotechnics articles” means a pyrotechnic device for professional use in the entertainment industry similar to permissible fireworks or consumer fireworks in chemical composition and construction but not intended and labeled for consumer use;

EE. “toy smoke device” means a small plastic or paper item containing no more than one hundred grams of pyrotechnic composition that produces white or colored smoke as the primary effect;

FF. “wheel” means a pyrotechnic device that is made to attach to a post or other surface and that revolves, producing a shower of color and sparks and sometimes a whistling effect, and that may have one or more drivers, each of which contains no more than sixty grams of pyrotechnic composition and the total wheel contains no more than two hundred grams total pyrotechnic composition;

GG. “wholesaler” means a person, firm or corporation purchasing fireworks for resale to retailers; and

HH. “wildlands” means lands owned by the governing body of a county or municipality that are designated for public recreational purposes and that are covered wholly or in part by timber, brush or native grass.

60-2C-3. License or permit required for sale of fireworks; administration; permits and licenses.

A. No person may sell, hold for sale, import, distribute or offer for sale, as manufacturer, distributor, wholesaler or retailer, any fireworks in this state unless such person has first obtained the appropriate license or permit.

B. The state fire marshal shall enforce the Fireworks Licensing and Safety Act. All license applications shall be submitted to the office of the state fire marshal. All retailers shall be required to purchase a retail fireworks permit for each retail location. The retail permit may be purchased from any licensed manufacturer, distributor or wholesaler or from the state fire marshal’s office. Retail permits may be purchased at any time by the licensed manufacturer, distributor or wholesaler in books of twenty permits per book from the state fire marshal. Permits shall be numbered, and it shall be the responsibility of the licensed manufacturer, distributor or wholesaler to keep records of the purchases of these permits and to submit these records to the state fire marshal semi-annually on January 31 and July 31 of each year. Each semi-annual report is to cover the preceding six-month period. Retail permits that are unsold may be exchanged for new permits.

C. The state fire marshal shall appoint the deputies and employees required to carry out the provisions of the Fireworks Licensing and Safety Act. The state fire marshal may also appoint any commissioned law enforcement officer or duly appointed fire chief or his designee with approval from the local governing body required to carry out the provisions of that act.

D. The state fire board shall formulate, adopt, promulgate and amend or revise rules and regulations for the safe handling of fireworks.

60-2C-4. License and permit fees.

A. An applicant for a license or permit under the Fireworks Licensing and Safety Act shall pay to the state fire marshal’s office the following fees, which shall not be refundable:

(1) manufacturer license $1,500;

(2) distributor license 2,000;

(3) wholesaler license 1,000;

(4) display distributor license 1,000;

(5) specialty retailer license 750;

(6) retailer permit 100; or

(7) replacement permit 20.

B. All licenses and permits shall be issued for one year beginning on February 1 of each year. All licenses and permits shall be issued within thirty days from the date of receipt of application, except that no application shall be processed during any holiday selling period in which permissible fireworks may be sold.

C. Licenses issued pursuant to provisions of the Fireworks Licensing and Safety Act shall not be restricted in number or limited to any person without cause. Municipalities and counties may require licenses or permits and reasonable fees, not to exceed twenty-five dollars ($25.00), for the sale of fireworks.

D. Permit and license fees paid to the state fire marshal’s office shall be deposited in the fire protection fund to be used by the state fire marshal to enforce and carry out the provisions and purposes of the Fireworks Licensing and Safety Act.

60-2C-5. Possession, sale or use of unauthorized fireworks unlawful.

No individual, firm, partnership, corporation or association shall possess for retail sale in this state, sell or offer for sale at retail or possess or use any fireworks other than permissible fireworks.

60-2C-6. Exportation of fireworks from the state.

Nothing in the Fireworks Licensing and Safety Act shall prohibit licensed wholesalers, distributors, importers or manufacturers from storing, selling, shipping or otherwise transporting fireworks as defined by the United States department of transportation to any person or entity outside the state of New Mexico.

60-2C-7. Permissible fireworks.

A. Permissible fireworks are:

(1) ground and hand-held sparkling devices:

(a) cone fountains;

(b) crackling devices;

(c) cylindrical fountains;

(d) flitter sparklers;

(e) ground spinners;

(f) illuminating torches; and

(g) wheels;

(2) aerial devices:

(a) aerial shell kit-reloadable tubes;

(b) aerial spinners;

(c) helicopters;

(d) mines;

(e) missile-type rockets;

(f) multiple tube devices;

(g) roman candles;

(h) shells; and

(i) stick-type rockets, except as provided in Subsection B of this section; and

(3) ground audible devices:

(a) chasers; and

(b) firecrackers.

B. The following types of fireworks are not permissible fireworks:

(1) stick-type rockets having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length; and

(2) fireworks intended for sale to the public that produce an audible effect, other than a whistle, by a charge of more than one hundred thirty milligrams of explosive composition per report.

C. A municipality or county shall not by ordinance regulate and prohibit the sale or use of any permissible firework except aerial devices and ground audible devices.

60-2C-8. Retail sales or storage of fireworks; regulated activities.

A. Fireworks may not be sold at retail without a retail permit. The permit shall be at the location where the retail sale takes place.

B. All places where fireworks are stored, sold or displayed shall be in compliance with the code of safety standards published by the national fire protection association for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnics articles.

C. It is unlawful to offer for sale or to sell fireworks to children under the age of sixteen years or to an intoxicated person.

D. At all places where fireworks are stored, sold or displayed, the words “NO SMOKING” shall be posted in letters at least four inches in height. Smoking, open flames and any ignition source are prohibited within twenty-five feet of fireworks stock.

E. Fireworks shall not be stored, kept, sold or discharged within fifty feet of a gasoline pump or gasoline bulk station or a building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.

F. All fireworks permittees and licensees shall keep and maintain upon the premises a fire extinguisher bearing an underwriters laboratories incorporated rated capacity of at least five-pound ABC per five hundred square feet of space used for fireworks sales or storage.

G. Sales clerks and ancillary personnel employed or volunteering at temporary retail locations where fireworks are sold shall be at least sixteen years of age. A sales clerk shall be on duty to serve consumers at the time of purchase or delivery. Permissible fireworks may be offered for sale only at state-permitted or state-licensed retail locations.

H. Fireworks shall not be discharged within one hundred fifty feet of a fireworks retail sales location.

I. Fireworks shall not be sold or used on state forest land, wildlands or a bosque.

J. A person shall not ignite fireworks within a motor vehicle or throw fireworks from a motor vehicle, nor shall a person place or throw ignited fireworks into or at a motor vehicle or at or near a person or group of people.

K. Fireworks devices that are readily accessible to handling by consumers or purchasers in a retail sales location shall have their exposed fuses protected in a manner to protect against accidental ignition of an item by a spark, cigarette ash or other ignition source. If the fuse is a thread-wrapped safety fuse that has been coated with a nonflammable coating, only the outside end of the safety fuse shall be covered. If the fuse is not a safety fuse, the entire fuse shall be covered.

L. Permissible fireworks may be sold at retail between June 20 and July 6 of each year, six days preceding and including new year’s day, three days preceding and including Chinese new year, the sixteenth of September and cinco de Mayo of each year, except that permissible fireworks may be sold all year in permanent retail stores whose primary business is tourism.

60-2C-8.1. Extreme or severe drought conditions; restricted sale and use.

A. The governing body of a municipality may hold a hearing to determine if fireworks restrictions should be imposed within the boundaries of the incorporated municipality affected by extreme or severe drought conditions. The findings of the governing body shall be based on current drought indices published by the national weather service and any other relevant information supplied by the United States forest service.

B. Pursuant to any hearing under Subsection A of this section, the governing body of a municipality shall issue a proclamation declaring extreme or severe drought conditions within the boundaries of the incorporated municipality if the governing body determines such conditions exist. The governing body’s proclamation:

(1) shall ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within the affected drought area; and

(2) shall give the governing body the power to:

(a) limit the use within its jurisdiction of any fireworks not listed in Paragraph (1) of this subsection to areas that are paved or barren or that have a readily accessible source of water for use by the homeowner or the general public;

(b) ban the use of all fireworks within wildlands in its jurisdiction, after consultation with the state forester; and

(c) ban or restrict the sale or use of display fireworks.

C. The municipal governing body’s proclamation declaring an extreme or severe drought condition shall be issued no less than twenty days prior to a holiday for which fireworks may be sold. The proclamation shall explain restrictions on the sale or use of fireworks and permitted sales or uses of fireworks.

D. A municipal governing body’s proclamation shall be effective for thirty days and the governing body may issue succeeding proclamations if extreme or severe drought conditions warrant. A proclamation may be modified or rescinded within its thirty-day period by the governing body upon conducting an emergency hearing to determine if weather conditions have improved.

E. The governing body of a county may hold a hearing to determine if fireworks restrictions should be imposed within the unincorporated portions of the county affected by extreme or severe drought conditions. The findings of the governing body shall be based on current drought indices published by the national weather service and any other relevant information supplied by the United States forest service.

F. Pursuant to any hearing under Subsection E of this section, the governing body of a county shall issue a proclamation declaring extreme or severe drought conditions within the unincorporated portions of the county if the governing body determines such conditions exist. The governing body’s proclamation:

(1) shall ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within the affected drought area; and

(2) shall give the governing body the power to:

(a) limit the use within its jurisdiction of any fireworks not listed in Paragraph (1) of this subsection to areas that are paved or barren or that have a readily accessible source of water for use by the homeowner or the general public;

(b) ban the use of all fireworks within wildlands in its jurisdiction, after consultation with the state forester; and

(c) ban or restrict the sale or use of display fireworks.

G. The county governing body’s proclamation declaring an extreme or severe drought condition shall be issued no less than twenty days prior to a holiday for which fireworks may be sold. The proclamation shall explain restrictions on the sale or use of fireworks and permitted sales or uses of fireworks.

H. Except as otherwise provided in this subsection, a proclamation shall be effective for thirty days, and the county governing body may issue succeeding proclamations if extreme or severe drought conditions warrant. A proclamation may be modified or rescinded within its thirty-day period by the governing body upon conducting an emergency hearing to determine if weather conditions have improved.

60-2C-10. Penalty; criminal.

A. Any individual, firm, partnership or corporation that violates any provision of the Fireworks Licensing and Safety Act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one year, or both.

B. Nothing in the Fireworks Licensing and Safety Act shall apply to or prohibit any employees of the department of game and fish or the United States fish and wildlife service from possessing fireworks for control of game birds and animals or to prohibit any law enforcement officer from possessing fireworks in the performance of his duties or to prohibit any municipality or civic organization therein from sponsoring and conducting in connection with any public celebration, an officially supervised and controlled fireworks display.

60-2C-11. Penalty; civil.

A. If a person is found guilty of violating any of the provisions of the Fireworks Licensing and Safety Act, that person’s license or permit may be revoked or suspended by the state fire marshal, his deputies or designees.

B. No individual, firm, corporation or partnership shall possess any fireworks for sale within New Mexico, other than those authorized in the Fireworks Licensing and Safety Act. The state fire marshal, his deputies or designees may at reasonable hours enter and inspect the permittee’s premises, building, mobile or motor vehicle or temporary or permanent structure to determine compliance with the Fireworks Licensing and Safety Act. If any retailer has in his possession any fireworks in violation of that act, his permit shall be revoked and all such fireworks seized, and the fireworks shall be kept to be used as evidence. If any person has in his possession any fireworks in violation of that act, a warrant may be issued for the seizure of fireworks and the fireworks shall be safely kept to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender is discharged, the permissible fireworks shall be returned to the person in whose possession they were found; provided, however, that nothing in the Fireworks Licensing and Safety Act applies to the transportation of fireworks by regulated carriers.

Penal § 270.00 Unlawfully dealing with fireworks and dangerous fireworks.

1. Definition of “fireworks” and “dangerous fireworks”.

(a) The term “fireworks,” as used in this section, includes:

(i) display fireworks, which means fireworks devices in a finished state, exclusive of

mere ornamentation, primarily intended for commercial displays which are designed to produce

visible and/or audible effects combustion, deflagration or detonation, including, but not limited

to, salutes containing more than one hundred thirty milligrams (two grains) of explosive

composition, aerial shells containing more than forty grams of chemical composition exclusive

of lift charge, and other exhibition display items that exceed the limits of consumer fireworks

contained in the American Pyrotechnic Association (APA) Standard 87-1, 2001 edition;

(ii) articles pyrotechnic, which means pyrotechnic devices for professional use similar

to consumer fireworks in chemical composition and construction but not intended for consumer

use and which articles meet the weight limits for consumer fireworks but are not labeled as such

and are classified by the United States department of transportation in 49 CFR 172.101 as

UN0431.

(iii) special effects, which means any combination of chemical elements or chemical

compounds capable of burning independently of the oxygen of the atmosphere, and designed and

intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a

motion picture, radio, television, theatrical, or opera production, or live entertainment;

(iv) consumer fireworks which are aerial in performance and are commonly

referred to as sky rockets, bottle rockets, missile type rockets, helicopters, aerial spinners, roman

candles, mines, shell devices, aerial shell kits, reloadable and audible ground devices which are

commonly referred to as firecrackers and chasers, as well as metal wire handheld sparklers;

(v) any blank cartridge, blank cartridge pistol, or toy cannon in which explosives are

used, firecrackers, or any preparation containing any explosive or inflammable compound or any

tablets or other device commonly used and sold as fireworks containing nitrates, chlorates,

oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or

any compound containing any of the same or other explosives, or any substance or combination

of substances, or article prepared for the purpose of producing a visible or an audible effect by

combustion, explosion, deflagration or detonation, or other device containing any explosive

substance, other than sparkling devices as defined in subparagraph (vi) of this paragraph; and

(vi) “sparkling devices,” as used in this section, includes:

(1) sparkling devices which are ground-based or hand-held devices that produce a

shower of white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects

may include a colored flame, an audible crackling effect, an audible whistle effect, and smoke.

These devices do not rise into the air; do not fire inserts or projectiles into the air, and do not

explode or produce a report (an audible crackling-type effect is not considered to be a report).

Ground-based or hand-held devices that produce a cloud of smoke as their sole pyrotechnic

effect is also included in this category. Types of devices in this category include:

(A) cylindrical fountain: cylindrical tube containing not more than seventy-five grams

of pyrotechnic composition that may be contained in a different shaped exterior such as a square,

rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a

shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device

may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic

base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held

(handle fountain). When more than one tube is mounted on a common base, total pyrotechnic

composition may not exceed two hundred grams, and when tubes are securely attached to a base

and the tubes are separated from each other on the base by a distance of at least half an inch

(12.7 millimeters), a maximum total weight of five hundred grams of pyrotechnic composition

shall be allowed.

(B) cone fountain: cardboard or heavy paper cone containing not more than fifty grams

of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more

than one cone is mounted on a common base, total pyrotechnic composition may not exceed two

hundred grams, as is outlined in this subparagraph.

(C) wooden sparkler/dipped stick: these devices consist of a wood dowel that has been

coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks

is produced. Sparklers may contain up to one hundred grams of pyrotechnic composition per

item.

(2) novelties which do not require approval from the United States department of

transportation and are not regulated as explosives, provided that they are manufactured and

packaged as described below:

(A) party popper: small devices with paper or plastic exteriors that are actuated by

means of friction (a string or trigger is typically pulled to actuate the device). They frequently

resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flameresistant

paper streamers, confetti, or other novelties and produces a small report. Devices may

contain not more than sixteen milligrams (0.25 grains) of explosive composition, which is

limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner

packaging which contains a maximum of seventy-two devices.

(B) snapper: small, paper-wrapped devices containing not more than one milligram of

silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes,

producing a small report. Snappers must be in inner packages not to exceed fifty devices each,

and the inner packages must contain sawdust or a similar, impact-absorbing material.

(b) The term “dangerous fireworks” means any fireworks capable of causing serious

physical injury and which are: firecrackers containing more than fifty milligrams of any

explosive substance, torpedoes, skyrockets and rockets including all devices which employ

and combustible or explosive substance and which rise in the air during discharge, Roman

candles, and bombs, provided, however, that in cities with a population of one million or more,

the term “dangerous fireworks” shall also include sparklers more than ten inches in length

or one-fourth of one inch in diameter, or chasers including all devices which dart or travel about

the surface of the ground during discharge.

(c) “Fireworks” and “dangerous fireworks” shall not be deemed to include the

following nor shall the purchase and use of any items listed below be subject to the provisions of

section 61 of title 12 of the New York state codes, rules and regulations or section four hundred

eighty, four hundred eighty-one, four hundred eighty-two or four hundred eighty-three of the

general business law:

(i) flares of the type used by railroads or any warning lights commonly known as red

flares, or marine distress signals of a type approved by the United States coast guard, or

(ii) toy pistols, toy canes, toy guns or other devices in which paper caps containing

twenty-five hundredths grains or less of explosive compound are used, providing they are so

constructed that the hand cannot come in contact with the cap when in place for use, and toy

pistol paper caps which contain less than twenty-hundredths grains of explosive mixture, the sale

and use of which shall be permitted at all times, or

(iii) bank security devices which contain not more than fifty grams of any compound or

substance or any combination thereof, together with an igniter not exceeding 0.2 gram, capable

of producing a lachrymating and/or visible or audible effect, where such device is stored or used

only by banks, national banking associations, trust companies, savings banks, savings and loan

associations, industrial banks, or credit unions, or by any manufacturer, wholesaler, dealer,

jobber or common carrier for such devices and where the total storage on any one premises does

not exceed one hundred devices, or

(iv) except in cities with a population of one million or more, in those counties and

cities that opt by local law pursuant to paragraph (b) of subdivision five of section 405.00 of this

chapter, “fireworks” and “dangerous fireworks” shall not be deemed to include “sparkling

devices” as defined in subparagraph (vi) of paragraph (a) of this subdivision.

2. Offense.

(a) Except as herein otherwise provided, or except where a permit is obtained pursuant

to section 405.00 of this chapter:

(i) any person who shall offer or expose for sale, sell or furnish, any fireworks or

dangerous fireworks are guilty of a class B misdemeanor;

(ii) any person who shall offer or expose for sale, sell or furnish any fireworks or

dangerous fireworks valued at five hundred dollars or more shall be guilty of a class A

misdemeanor;

(iii) any person who shall possess, use, explodes or causes to explode any fireworks or

dangerous fireworks are guilty of a violation;

(iv) any person who shall offer or expose for sale, sell or furnish, any dangerous

fireworks, fireworks or sparkling devices to any person who is under the age of eighteen is guilty

of a class A misdemeanor.

(b) A person who has previously been convicted of a violation of subparagraph (iv) of

paragraph (a) of this subdivision within the preceding five years and who shall offer or expose

for sale, sell or furnish, any dangerous fireworks to any person who is under the age of eighteen

shall be guilty of a class E felony.

(c) Possession of fireworks or dangerous fireworks valued at one hundred fifty dollars

or more shall be a presumption that such fireworks were intended to be offered or exposed for

sale.

3. Exceptions.

(a) The provisions of this section shall not apply to:

(i) fireworks, dangerous fireworks, and sparkling devices while in possession of

railroads, common or contract carriers, retailers, wholesalers, distributors, jobbers and

transportation companies or transportation agencies for the purpose of transportation to points

without the state, the shipment of which is not prohibited by interstate commerce commission

regulations as formulated and published from time to time, unless they be held voluntarily by

such railroads, common or contract carriers, retailers, wholesalers, distributors, jobbers and

transportation agencies or transporting companies as warehousemen for delivery to points within

the state;

(ii) signaling devices used by railroad companies or motor vehicles referred to in

subdivision seventeen of section three hundred seventy-five of the vehicle and traffic law;

(iii) high explosives for blasting or similar purposes;

(iv) fireworks, dangerous fireworks and sparkling devices for the use thereof by the

United States military, and departments of the state and federal government;

(v) the use, transportation and storage of fireworks, dangerous fireworks and sparkling

devices and special effects materials in connection with the production of motion pictures,

television programs, commercials and all entertainment media recorded in any current or to be

designed format when such use, transportation and storage has been appropriately permitted by

the local governmental subdivision having jurisdiction.

(b) Nothing in this article shall be construed to prohibit:

(i) any manufacturer, wholesaler, retailer, dealer or jobber from manufacturing,

possessing or selling at wholesale a sparkling device to municipalities, religious or civic

organizations, fair associations, amusement parks, or other organizations authorized by the state

to store, transport, possess and use or to individuals to store, transport, possess and use;

(ii) the sale or use of blank cartridges for a motion picture, television program,

commercial and all entertainment media, or for signal purposes in athletic sports or for dog trials

or dog training;

(iii) the use, storage, transportation or sale or transfer for use of fireworks and sparkling

devices in the preparation for or in connection with motion pictures, television programs,

commercials, and all entertainment media recorded in any current or to be designed format when

such use, transportation and storage has been appropriately permitted by the local governmental

subdivision having jurisdiction;

(iv) the manufacture or sale of sparkling devices provided they are to be shipped

directly out of such city and any such items are sold in accordance with the provisions of this

article; or

(v) except in cities with a population of one million or more, possession of sparkling

devices lawfully obtained in a jurisdiction that did opt by local law pursuant to paragraph (b) of

subdivision five of section 405.00 of this chapter to exclude “sparkling devices” from the

definitions of “fireworks” and “dangerous fireworks”, for the purpose of lawful use in another

jurisdiction that did opt by local law pursuant to paragraph (b) of subdivision five of section

405.00 of this chapter to exclude “sparkling devices” from the definitions of “fireworks” and

“dangerous fireworks”. The superintendent of state police shall annually publish a list of those

jurisdictions that have opted by local law pursuant to paragraph (b) of subdivision five of section

405.00 of this chapter to exclude “sparkling devices” from the definitions of “fireworks” and

“dangerous fireworks”.

4. Sales of ammunition not prohibited.

Nothing contained in this section shall be construed to prevent, or interfere in any way

with, the sale of ammunition for revolvers or pistols of any kind, or for rifles, shot guns, or other

arms, belonging or which may belong to any persons whether as sporting or hunting weapons or

for the purpose of protection to them in their homes, or, as they may go abroad; and

manufacturers are authorized to continue to manufacture, and wholesalers and dealers to

continue to deal in and freely to sell ammunition to all such persons for such purposes.

5. Notwithstanding the provisions of subdivision four of this section, it shall be

unlawful for any dealer in firearms to sell any ammunition designed exclusively for use in a

pistol or revolver to any person, not authorized to possess a pistol or revolver. The violation of

this section shall constitute a class B misdemeanor.

Part 1228 of Title 19 of the NYCRR is amended by adding a new section 1228.3, to read as

follows:

1228.3 Sparkling devices.

(a) Scope. The provisions of this section 1228.3 shall govern the possession,

manufacture,

storage, handling, sale, and use of sparkling devices. Any building or structure where sparkling

devices are manufactured, stored, handled, sold or used shall be subject to the provisions of this

section 1228.3 and to all other provisions of the Uniform Code applicable to such building or

structure.

(b) Definitions. In this section, the following terms shall have the following meanings

unless a different meaning is clearly required by the context:

(1) 2010 FCNYS. The term “2010 FCNYS” means the publication entitled “Fire Code of

New York State” published by the International Code Council, Inc. (publication date: August

2010).

(2) APPROVED. The term “approved” means acceptable to the code enforcement

official.

(3) CODE ENFORCEMENT OFFICIAL. The term “code enforcement official” means

the officer or other designated authority charged with the administration and enforcement of the

Uniform Code, or a duly authorized representative.

(4) HIGHWAY. The term “highway” means a public street, public alley or public road.

(5) LISTED. The term “listed” means equipment or materials included on a list published

by an approved testing laboratory, inspection agency or other organization concerned with

current product evaluation that maintains periodic inspection of production of listed equipment

or materials, and whose listing states that equipment or materials comply with approved

nationally recognized standards and have been tested or evaluated and found suitable for use in a

specified manner.

(6) NFPA 495. The term “NFPA 495” means the publication entitled “Explosive

Materials Code” published by the National Fire Protection Association (publication date: 2006).

(7) NFPA 1124. The term “NFPA 1124” means the publication entitled “Code for the

Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles”

published by the National Fire Protection Association (publication date: 2006).

(8) OPERATING BUILDING. The term “operating building” means a building occupied

in conjunction with the manufacture, transportation or use of explosive materials, sparkling

devices, or both. Operating buildings are separated from one another with the use of intraplant or

intraline distances.

(9) SPARKLING DEVICES. The term “sparkling devices” shall have the meaning

ascribed to that term by section 270.00(1)(a)(vi) of the Penal Law, and shall include “groundbased

or hand-held devices” (as defined in subparagraph (i) of this paragraph) and “novelties”

(as defined in subparagraph (ii) of this paragraph).

(i) Ground-Based or Hand-Held Devices. The term “ground-based or hand-held devices”

shall include the category of devices described in section 270.00(1)(a)(vi)(1) of the Penal Law,

i.e.: sparkling devices which are ground-based or hand-held devices that produce a shower of

white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include

a colored flame, an audible crackling effect, an audible whistle effect, and smoke. These devices

do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or

produce a report (an audible crackling- type effect is not considered to be a report). Groundbased

or hand-held devices that produce a cloud of smoke as their sole pyrotechnic effect are

also included in this category. Types of devices in this category include:

(A) Cylindrical fountain: cylindrical tube containing not more than seventy-five grams of

pyrotechnic composition that may be contained in a different shaped exterior such as a square,

rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a

shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device

may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic

base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held

(handle fountain). When more than one tube is mounted on a common base, total pyrotechnic

composition may not exceed two hundred grams, and when tubes are securely attached to a base

and the tubes are separated from each other on the base by a distance of at least half an inch

(12.7 millimeters), a maximum total weight of five hundred grams of pyrotechnic composition

shall be allowed.

(B) Cone fountain: cardboard or heavy paper cone containing not more than fifty grams

of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more

than one cone is mounted on a common base, total pyrotechnic composition may not exceed two

hundred grams, and when cones are securely attached to a base and the cones are separated from

each other on the base by a distance of at least half an inch (12.7 millimeters), a maximum total

weight of five hundred grams of pyrotechnic composition shall be allowed.

(C) Wooden sparkler / dipped stick: these devices consist of a wood dowel that has been

coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks

is produced. Sparklers may contain up to one hundred grams of pyrotechnic composition per

item.

(ii) Novelties. The term “novelties” shall include the category of devices described in

section 270.00(1)(a)(iv)(2) of the Penal Law, i.e.: novelties which do not require approval from

the United States Department of Transportation and are not regulated as explosives, provided

that they are manufactured and packaged as described below:

(A) Party popper: small devices with paper or plastic exteriors that are actuated by means

of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble

champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant

paper streamers, confetti, or other novelties and produces a small report. Devices may contain

not more than sixteen milligrams (0.25 grains) of explosive composition, which is limited to

potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging

which contains a maximum of seventy-two devices.

(B) Snapper: small, paper-wrapped devices containing not more than one milligram of

silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes,

producing a small report. Snappers must be in inner packages not to exceed fifty devices each,

and the inner packages must contain sawdust or a similar, impact-absorbing material.

(c) Other applicable laws. The provisions of this section 1228.3 shall be in addition to,

and not in limitation of,

(1) all other provisions of the Uniform Code applicable to any building or structure where

sparkling devices are manufactured, stored, handled, sold or used and

(2) all other statutes, rules, regulations, local laws, and ordinances applicable to the

possession, manufacture, storage, handling, sale and/or use of sparkling devices, including but

not limited to sections 270.00 and 405.00 of the Penal Law; section 392-j of the General

Business Law; section 156-h of the Executive Law; Part 225 of Title 9 of the NYCRR; Part 39 of

Title 12 of the NYCRR (Industrial Code Rule 39); and local laws, ordinances or regulations

relating to operating permits as contemplated by 19 NYCRR section 1203.3(g). Nothing in this

section 1228.3 shall be construed as permitting the possession, manufacture, handling, sale

and/or use of sparkling devices in violation of any other law, statute, rule, regulation, local law or

ordinance applicable to the possession, manufacture, storage, handling, sale and/or use of

sparkling devices. Nothing in this section 1228.3 shall be construed as permitting the possession,

manufacture, handling, sale and/or use of sparkling devices in any jurisdiction where the

possession, manufacture, handling, sale and/or use of sparking devices has not been made legal

in accordance with the provisions of section 405.00 of the Penal Law.

(d) Hazardous conditions.

(1) From time to time, the New York State Department of Environmental Conservation

(DEC) publishes fire danger ratings for each fire danger rating area (FDRA) in the State. The use

of sparkling devices at any location within a FDRA designated by the DEC as having a fire

danger rating of “Extreme (Red)” at any time when such designation is in effect is prohibited.

(2) In addition, the DEC may from time to time designate certain areas within the State as

being subject to “Red Flag” conditions. The use of sparkling devices at any location within any

area designated by the DEC as being subject to “Red Flag” conditions at any time such

designation remains in effect is prohibited.

(e) Use of ground-based or hand-held devices in or near buildings or structures.

(1) No ground-based or hand-held device (as defined in subparagraph (i) of paragraph (9)

of subdivision (b) of this section) shall be used inside any building or structure unless (i) such

ground- based or hand-held device is listed for indoor use and (ii) the use of such ground-based

or hand-held device inside such building or structure has been approved.

(2) No ground-based or hand-held device (as defined in subparagraph (i) of paragraph (9)

of subdivision (b) of this section) shall be used within 10 feet of any building or structure unless

(i) such ground-based or hand-held device is listed for indoor use or for use within 10 feet

of a building or structure and

(ii) the use of such ground-based or hand-held device within 10 feet of such building or

structure has been approved.

(f) Retail sales.

(1) No persons shall construct a retail display of sparkling devices or offer sparkling

devices for sale upon highways, sidewalks or public property or in a Group A or E occupancy.

(2) Retail sales of sparkling devices shall comply with the applicable requirements of

NFPA 1124.

(3) A minimum of one pressurized-water portable fire extinguisher complying with

section 906 of the 2010 FCNYS shall be located not more than 15 feet (4572 mm) and not less

than 10 feet (3048 mm) from each area where sparkling devices are stored or displayed for retail

sale.

(4) “No Smoking” signs complying with section 310 of the 2010 FCNYS shall be

conspicuously posted in each area where sparkling devices are stored or displayed for retail sale.

(g) Storage of sparkling devices. The storage or temporary storage of sparkling devices

shall comply with the applicable requirements of NFPA 1124 and, in addition, shall be subject to

the provisions of subdivision (h) of this section 1228.3.

(h) Limit on quantity. The code enforcement official is authorized to limit the quantity of

sparkling devices permitted to be kept or stored at any one- or two-family dwelling, townhouse,

or any building or structure containing any Group R occupancy.

(i) Records. Manufacturers of sparkling devices shall maintain records of chemicals,

chemical compounds and mixtures required by the U.S. Department of Labor regulations set

forth in 29 CFR Part 1910.1200 and Section 407 of the 2010 FCNYS.

(j) Manufacture, assembly, and testing of sparkling devices.

(1) The manufacture, assembly, and testing of sparkling devices, and facilities where the

manufacture, assembly and/or testing of sparkling device occur, shall comply with the

requirements of this subdivision and NFPA 495 or NFPA 1124.

(2) Emergency plans, emergency drills, employee training and hazard communication

shall conform to the provisions of this section and Sections 404, 405, 406 and 407 of the 2010

FCNYS.

(3) Detailed Hazardous Materials Management Plans (HMMP) and Hazardous Materials

Inventory Statements (HMIS) complying with the requirements of Section 407 of the 2010

FCNYS shall be prepared and submitted to the local emergency planning committee, the code

enforcement official, and the local fire department. A copy of the required HMMP and HMIS

shall be maintained on site and furnished to the code enforcement official on request.

(4) Workers who handle or dispose of sparkling devices shall be trained in the hazards of

the materials and processes in which they are to be engaged and with the safety rules governing

such materials and processes.

(5) Approved emergency procedures shall be formulated for each facility where sparkling

devices are manufactured, assembled and/or tested. Such procedures shall include personal

instruction in any emergency that may be anticipated. All personnel shall be made aware of an

emergency warning signal.

(k) Incorporation by reference.

(1) The 2010 FCNYS. The publication entitled “Fire Code of New York State” published

by International Code Council, Inc. (publication date: August 2010) is hereby incorporated by

reference in this section 1228.3. Copies of said publication (referred to herein as the 2010

FCNYS) may be obtained from the publisher at the following address: International Code

Council, Inc., 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001. The 2010

FCNYS is available for public inspection and copying at New York State Department of State,

99 Washington Avenue, Albany, NY 12231-0001.

(2) NFPA 495. The publication entitled “Explosive Materials Code” published by the

National Fire Protection Association (publication date: 2006) is hereby incorporated by reference

in this section 7 1228.3. Copies of said publication (referred to herein as NFPA 495) may be

obtained from the publisher at the following address: National Fire Protection Association,

Batterymarch Park, Quincy, MA 02269. NFPA 495 is available for public inspection and

copying at New York State Department of State, 99 Washington Avenue, Albany, NY 12231-

0001.

(3) NFPA 1124. The publication entitled “Code for the Manufacture, Transportation,

Storage, and Retail Sales of Fireworks and Pyrotechnic Articles” published by the National Fire

Protection Association (publication date: 2006) is hereby incorporated by reference in this

section 1228.3. Copies of said publication (referred to herein as NFPA 1124) may be obtained

from the publisher at the following address: National Fire Protection Association, Batterymarch

Park, Quincy, MA 02269. NFPA 1124 is available for public inspection and copying at New

York State Department of State, 99 Washington Avenue, Albany, NY 12231-0001.

Part 225 Sparkling Devices

Section 225.1 Definitions.

(a) The term “sparkling devices” shall have the meaning ascribed to that term by section

270.00(1)(a)(vi) of the Penal Law, and shall include “ground-based or hand-held devices” (as

defined in paragraph (1) of this subdivision) and “novelties” (as defined in paragraph (2) of this

subdivision). In addition, for purposes of this chapter, “sparkling devices” shall be considered

consumer fireworks consistent with the 19 NYCRR Part 1219, Uniform Fire Prevention and

Building Code.

(1) Ground-Based or Hand-Held Devices. The term “ground-based or hand-held devices”

shall include the category of devices described in section 270.00(1)(a)(vi)(1) of the Penal Law,

i.e.: ground-based or hand-held devices that produce a shower of white, gold, or colored sparks

as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible

crackling effect, an audible whistle effect, and smoke. These devices do not rise into the air, do

not fire inserts or projectiles into the air, and do not explode or produce a report (an audible

crackling-type effect is not considered to be a report). Ground-based or hand- held devices that

produce a cloud of smoke as their sole pyrotechnic effect are also included in this category.

Specific types of devices in this category include the following:

(i) Cylindrical fountain: cylindrical tube containing not more than seventy-five grams of

pyrotechnic composition that may be contained in a different shaped exterior such as a square,

rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a

shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device

may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic

base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held

(handle fountain). When more than one tube is mounted on a common base, total pyrotechnic

composition may not exceed two hundred grams, and when tubes are securely attached to a base

and the tubes are separated from each other on the base by a distance of at least half an inch

(12.7 millimeters), a maximum total weight of five hundred grams of pyrotechnic composition

shall be allowed.

(ii) Cone fountain: cardboard or heavy paper cone containing not more than fifty grams

of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more

than one cone is mounted on a common base, total pyrotechnic composition may not exceed two

hundred grams,

(iii) Wooden sparkler/dipped stick: these devices consist of a wood dowel that has been

coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks

is produced. Sparklers may contain up to one hundred grams of pyrotechnic composition per

item.

(2) Novelties. The term “novelties” shall include the category of devices described in

section 270.00(1)(a)(iv)(2) of the Penal Law, i.e.: novelties which do not require approval from

the United States Department of Transportation and are not regulated as explosives, provided

that they are manufactured and packaged as described below:

(i) Party popper: small devices with paper or plastic exteriors that are actuated by means

of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble

champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant

paper streamers, confetti, or other novelties and produces a small report. Devices may contain

not more than sixteen milligrams (0.25 grains) of explosive composition, which is limited to

potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging

which contains a maximum of seventy-two devices.

(ii) Snapper: small, paper-wrapped devices containing not more than one milligram of

silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes,

producing a small report. Snappers must be in inner packages not to exceed fifty devices each,

and the inner packages must contain sawdust or a similar, impact-absorbing material.

(b) Distributor. The term “distributor” means any person or entity engaged in the business

of selling sparkling devices to wholesalers, specialty retailers, permanent retailers or temporary

seasonal retailers for resale.

(c) Manufacturer. The term “manufacturer” means any person or entity engaged in the

manufacture or construction of sparkling devices.

(d) Specialty Retailer. The term “specialty retailer” means any person or entity who, at a

fixed place of business, is engaged solely in selling sparkling devices at retail. For purposes of

this Part, a person or entity is engaged solely in selling sparkling devices if fifty-one percent or

more of such person’s or entity’s annual gross sales are from the sale of sparkling devices.

(e) Permanent Retailer. The term “permanent retailer” means any person or entity who, at

a fixed place of business, is engaged in selling sparkling devices at retail.

(f) Temporary Seasonal Retailer. The term “temporary seasonal retailer” means any

person or entity who, at a temporary stand or tent, is engaged in selling sparkling devices from

June twentieth through July fifth or from December tenth through January second of each year at

retail.

(g) Wholesaler. The term “wholesaler” means any person or entity engaged in the

business of selling sparkling devices to specialty retailers, permanent retailers or temporary

seasonal retailers at wholesale.

(h) Authority Having Jurisdiction. The term “authority having jurisdiction” shall mean

the state, city, town, village, county or other governmental unit or agency responsible for

administration and enforcement of the Uniform Fire Prevention and Building Code with respect

to a building or structure.

Section 225.2. Registration

(a) A manufacturer, distributor, wholesaler, specialty retailer, or permanent retailer must

annually register with the Office of Fire Prevention and Control using forms prescribed by such

Office. Temporary seasonal retailers must register with the Office of Fire Prevention and Control

per season, as specified in the General Business Law 392-j.

(b) The Office of Fire Prevention and Control shall develop a registration form, to be

maintained on its website.

(c) The Registration form shall contain the following:

(1) Business Name. The form shall provide the full legal name of the registrant and, if

applicable, any assumed name under which the registrant does business.

(2) Address or addresses. The form shall provide the full street address of the location

where the registrant will conduct business and shall specify the jurisdiction (city, town or

village) and county in which such location is located. Any specialty retailer, permanent retailer

or temporary seasonal retailer that sells sparkling devices at more than one location may submit

one registration form for all locations, but must provide the full street address, jurisdiction, and

county of each location. Any manufacturer, distributor or wholesaler that conducts business at

more than one location must submit a separate registration form for each location.

(3) Telephone Number. The form shall provide the registrant’s business telephone

number.

(4) Principals. If the registrant is a corporation, limited liability company, general

partnership, limited partnership, or other business entity, the form shall provide the name and

title of each principal of the registrant. The term “principal of the registrant” includes each

officer of a corporation, each member or manager of a limited liability company, each general

partner in the general partnership or limited partnership, and each person in charge of the

operation or management of any other business entity.

(5) Contact Person. The form shall provide the name of and contact information for an

individual designated by the registrant as the registrant’s contact person. The contact information

shall include all telephone numbers, cell phone numbers, email addresses, and other means of

contacting the individual at any time, 24 hours a day, 7 days a week.

(6) Verification. The form shall include a verification clause indicating that the person

signing the registration form certifies, under penalties of perjury, that the person is duly

authorized to sign the registration form on behalf of the registrant; that the information provided

in the registration from is true and complete; that each location where the registrant will conduct

business as a manufacturer, distributor, wholesaler, specialty retailer, permanent retailer, and/or

temporary seasonal retailer is in compliance with 19 NYCRR Part 1215, the Uniform Fire

Prevention and Building Code; and that each location where the registrant will conduct business

as a manufacturer, distributor, wholesaler, specialty retailer, permanent retailer, and/or temporary

seasonal retailer is located in a city or county that has opted by local law pursuant to section

405.00(5)(b) of the Penal Law to exclude sparkling devices from the definitions of “fireworks”

and “dangerous fireworks.”

(7) Signature. The form shall provide the name and title of the authorized representative

signing the form on behalf of the registrant and shall be signed by such authorized representative

in the presence of a notary public.

(8) Notarization. The form shall include a jurat that must be completed and signed by the

notary public in whose presence the form is signed.

(d) As part of each registration package and as part each application for renewal of a

registration, the registrant shall provide:

(1) For each building or structure in which the registrant will conduct business, a copy of

the report of the most recent property maintenance and fire safety inspection conducted by the

authority having jurisdiction, pursuant to 19 NYCRR Part 1203 or 19 NYCRR Part 1204 as

applicable, and a copy of any operating permit if so issued.

(2) A current copy of Federal permit under 18 USC 843, if applicable; and

(3) A Certificate of Insurance evidencing commercial general liability coverage inclusive

of products/completed operations. This coverage shall have a minimum limit of one million

dollars and shall list the New York State Division of Homeland Security and Emergency

Services Office of Fire Prevention and Control as a certificate holder.

(e) As part of any registration process, including renewals, the Office of Fire Prevention

and Control shall be authorized to perform an inspection to assure compliance with this section.

(f) Applications for registration renewals for manufacturer, distributor, wholesaler,

specialty retailer, or permanent retailer shall be made sixty days prior to the expiration of the

current certificate of registration. Applications for registration renewals for temporary seasonal

retailers shall be made sixty days prior to the start of the desired selling season, consistent with

the dates specified in the General Business Law section 392-j. Registration renewals shall be on

the form prescribed by the Office of Fire Prevention and Control and meet the requirements

outlined in this section.

(g) The certificate of registration authorizes a manufacturer, distributor, wholesaler,

specialty retailer, permanent retailer, or temporary seasonal retailer to sell sparkling devices in

this state during the dates specified in General Business Law section 392-j.

Section 225.3 Fees

(a) A manufacturer, distributor, wholesaler must pay an annual registration fee of $5,000

to the Office of Fire Prevention and Control.

(b) A specialty retailer must pay an annual registration fee of $2,500 to the Office of Fire

Prevention and Control for each location. (

c) A permanent retailer must pay an annual registration fee of $200 to the Office of Fire

Prevention and Control for each location.

(d) A temporary seasonal retailer must pay a registration fee of $250 per season to the

Office of Fire Prevention and Control for each location.

Section 225.4 Certificate of Registration

(a) Upon a manufacturer, distributor, wholesaler, specialty retailer, or permanent retailer

meeting registration and fee requirements contained in this Part, the Office of Fire Prevention

and Control shall issue a certificate of registration valid for one year from the date of issuance.

(b) Upon a temporary seasonal retailer meeting registration and fee requirements

contained in this Part, the Office of Fire Prevention and Control shall issue a certificate of

registration valid for no more than 30 days before the first day and 30 days after the last day of

the applicable season as specified in General Business Law section 392-.j

(c) Every registered manufacturer, distributor, wholesaler, specialty retailer, permanent

retailer, and temporary seasonal retailer shall continuously meet the requirements set forth in this

Part. Non-compliance with any of the requirements set forth may result in a revocation of the

certificate of registration, as determined by the Office of Fire Prevention and Control.

Revocation shall remain in effect until the manufacturer, distributor, wholesaler, specialty

retailer, permanent retailer, or temporary seasonal retailer provides evidence of compliance

acceptable to the Office of Fire Prevention and Control.

Section 225.5 Records and Reports.

(a) Every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and

temporary seasonal retailer shall maintain, and make available to the Office of Fire Prevention

and Control, accurate records regarding the name and quantity of any sparkling devices produced

in, imported to, exported from, or sold in this state.

(b) Every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and

temporary seasonal retailer shall provide the Office of Fire Prevention and Control with access to

the building, facility, or retail location to allow for its inspection to assure compliance with the

terms of the registration, as required in this Part.

225.6 Reporting of incidents

(a) Every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and

temporary seasonal retailer shall report to the Office of Fire Prevention and Control basic

information relating to all fires or explosions, including any accidental discharge of sparkling

devices, that occur on premises. This report shall be submitted within 24 hours of the occurrence

or discovery of the fire or explosion. Reports may be submitted via fax or e-mail as instructed on

a form prescribed by the Office of Fire Prevention and Control.

(b) Every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and

temporary seasonal retailer shall report to the Office of Fire Prevention and Control any fire or

explosion that results in injury or death within one hour of its occurrence or as soon as

practicable. This initial report shall be made by telephone to Office of Fire Prevention and

Control’s 24-hour answering point at (518) 292-2200 or (518) 474-6746

(c) The Office of Fire Prevention and Control will provide information regarding

incidents to the applicable code enforcement official.

Section 225.7 General Requirements

Each registered specialty retailer, permanent retailer or temporary seasonal retailer shall

prominently post for public view the following documents at each location where such specialty

retailer, permanent retailer or temporary seasonal retailer conducts business:

(a) A copy of the Office of Fire Prevention and Control certificate of registration for such

location;

(b) The list, as most recently published by the New York State Police, of counties and

cities that have opted by local law to legalize the use of sparkling devices;

(c) A copy of the Federal Permit, if applicable;

(d) A copy of the Insurance Certificate; and

(e) A copy of a sparkling device safety pamphlet produced by the Office of Fire

Prevention and Control.

Article 54. Sale, etc., of Pyrotechnics.

14-410. Manufacture, sale and use of pyrotechnics prohibited; exceptions; permit required; sale to persons under the age of 16 prohibited.

(a) Except as otherwise provided in this section, it shall be unlawful for any individual, firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any description whatsoever within the State of North Carolina.

(a1) It shall be permissible for pyrotechnics to be exhibited, used, handled, manufactured, or discharged within the State, provided all of the following apply:

(1) The exhibition, use, or discharge is at a concert or public exhibition.

(2) All individuals who exhibit, use, handle, or discharge pyrotechnics in connection with a concert or public exhibition have completed the training and licensing required under Article 82A of Chapter 58 of the General Statutes. The display operator or proximate audience display operator, as required under Article 82A of Chapter 58 of the General Statutes, must be present at the concert or public exhibition and must personally direct all aspects of exhibiting, using, handling, or discharging the pyrotechnics.

(3) The display operator has secured written authority under G.S. 14-413 from the board of county commissioners of the county, or the city if authorized under G.S. 14-413(a1), in which the pyrotechnics are to be exhibited, used or discharged. Written authority from the board of commissioners or city is not required under this subdivision for a concert or public exhibition provided the display operator has secured written authority from The University of North Carolina or the University of North Carolina at Chapel Hill under G.S. 14-413, and pyrotechnics are exhibited on lands or buildings in Orange County owned by The University of North Carolina or the University of North Carolina at Chapel Hill.

(a2) Notwithstanding any provision of this section, it shall not be unlawful for a common carrier to receive, transport, and deliver pyrotechnics in the regular course of its business.

(a3) The requirements of this section apply to G.S. 14-413(b) and G.S. 14-413(c).

(b) Notwithstanding the provisions of G.S. 14-414, it shall be unlawful for any individual, firm, partnership, or corporation to sell pyrotechnics as defined in G.S. 14-414(2), (3), (4)c., (5), or (6) to persons under the age of 16.

(c) The following definitions apply in this Article:

(1) Concert or public exhibition. A fair, carnival, show of any description, or public celebration.

(2) Display operator. An individual issued a display operator permit under G.S. 58-82A-3.

(3) State Fire Marshal. Defined in G.S. 58-80-1.

14-411. Sale deemed made at site of delivery.

In case of sale or purchase of pyrotechnics, where the delivery thereof was made by a common or other carrier, the sale shall be deemed to be made in the county wherein the delivery was made by such carrier to the consignee.

14-412. Possession prima facie evidence of violation.

Possession of pyrotechnics by any person, for any purpose other than those permitted under this article, shall be prima facie evidence that such pyrotechnics are kept for the purpose of being manufactured, sold, bartered, exchanged, given away, received, furnished, otherwise disposed of, or used in violation of the provisions of this article.

14-414. Pyrotechnics defined; exceptions.

For the proper construction of the provisions of this Article, “pyrotechnics,” as is herein used, shall be deemed to be and include any and all kinds of fireworks and explosives, which are used for exhibitions or amusement purposes: provided, however, that nothing herein contained shall prevent the manufacture, purchase, sale, transportation, and use of explosives or signaling flares used in the course of ordinary business or industry, or shells or cartridges used as ammunition in firearms. This Article shall not apply to the sale, use, or possession of the following:

(1) Explosive caps designed to be fired in toy pistols, provided that the explosive mixture of the explosive caps shall not exceed twenty-five hundredths (.25) of a gram for each cap.

(2) Snake and glow worms composed of pressed pellets of a pyrotechnic mixture that produce a large, snake-like ash when burning.

(3) Smoke devices consisting of a tube or sphere containing a pyrotechnic mixture that produces white or colored smoke.

(4) Trick noisemakers which produce a small report designed to surprise the user and which include:

a. A party popper, which is a small plastic or paper item containing not in excess of 16 milligrams of explosive mixture. A string protruding from the device is pulled to ignite the device, expelling paper streamers and producing a small report.

b. A string popper, which is a small tube containing not in excess of 16 milligrams of explosive mixture with string protruding from both ends. The strings are pulled to ignite the friction-sensitive mixture, producing a small report.

c. A snapper or drop pop, which is a small, paper-wrapped item containing no more than 16 milligrams of explosive mixture coated on small bits of sand. When dropped, the device produces a small report.

(5) Wire sparklers consisting of wire or stick coated with nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition. These items must not exceed 100 grams of mixture per item.

(6) Other sparkling devices which emit showers of sparks and sometimes a whistling or crackling effect when burning, do not detonate or explode, do not spin, are hand-held or ground-based, cannot propel themselves through the air, and contain not more than 75 grams of chemical compound per tube, or not more than a total of 200 grams if multiple tubes are used.

14-415. Violation made misdemeanor.

Any person violating any of the provisions of this Article, except as otherwise specified in said Article, shall be guilty of a Class 2 misdemeanor, except that it is a Class 1 misdemeanor if the exhibition is indoors.

CHAPTER 23-15 FIREWORKS

23-15-01. Fireworks defined-Sale of fireworks.

1. The term fireworks means any combustible or explosive composition, or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation. The term includes any blank cartridge, toy pistol, toy cannon, toy cane, or toy gun in which an explosive other than a toy paper cap is used; balloon that requires fire underneath to propel the balloon; firecracker, torpedo, skyrocket, Roman candle, daygo bomb, sparkler, or other item of like construction; item containing any explosive or flammable compound; or any tablet or other device containing any explosive substance. This section does not apply to any toy paper cap containing not more than twenty-five hundredths of a grain [16.20 milligrams] of explosive composition per cap.

2. Any person operating a retail business and who has a retail license as provided in section 23-15-04 may offer for sale and sell at retail that year, to any individual who is at least twelve years of age, only during the period June twenty-seventh through July fifth, the following items:

a. A star light, with wood spike cemented in one end, total pyrotechnic composition not to exceed twenty grams each in weight (10 ball). However, a person may not offer to sell or offer to distribute a skyrocket, customarily known as a bottle rocket, if the outside diameter of the casing is less than five-eighths inch [15.875 millimeters] and the length of the casing is less than three and one-half inches [88.9 millimeters].

b. A helicopter type flyer, total pyrotechnic composition not to exceed twenty grams each in weight.

c. A cylindrical fountain, total pyrotechnic composition not to exceed seventy-five grams each in weight. The inside tube diameter may not exceed three-fourths inch [19.05 millimeters].

d. A cone fountain, total pyrotechnic composition not to exceed fifty grams each in weight.

e. A wheel, total pyrotechnic composition not to exceed sixty grams in weight, for each driver unit, but there may be any number of drivers on any one wheel. The inside bore of a driver tube may not be over one-half inch [12.7 millimeters].

f. An illuminating torch or a colored fire in any form, total pyrotechnic composition not to exceed one hundred grams each in weight.

g. A sparkler or a dipped stick, total pyrotechnic composition not to exceed one hundred grams each in weight. Pyrotechnic composition containing any chlorate may not exceed five grams.

h. A comet or shell, of which the mortar is an integral part, except a comet or shell designed to produce an audible effect, total pyrotechnic composition not to exceed forty grams each in weight.

i. A soft shell firecracker not to exceed one and one-half inches [38.1 millimeters] in length and one-fourth inch [6.35 millimeters] in diameter, total pyrotechnic composition not to exceed fifty milligrams each in weight.

j. A whistle without report, total pyrotechnic composition not to exceed forty grams each in weight.

23-15-02. Sale of fireworks prohibited.

Except as otherwise provided in this chapter, no person may offer for sale, expose for sale, sell at retail, bring into this state or cause to be brought into this state, or use or explode any fireworks.

23-15-04. Exceptions.

1. This chapter does not prohibit:

a. A licensed wholesaler, dealer, or jobber from selling at wholesale fireworks that are not prohibited.

b. The sale of any kind of fireworks for shipment directly out of the state.

c. The use of fireworks by transportation agencies for signal purposes or illumination.

d. The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations.

2. An application for a license as distributor must be made to the state fire marshal on forms prescribed by the state fire marshal. An application for a license as a retailer must be made to the county sheriff on forms prescribed by the state fire marshal. Each application must be accompanied by the required fee, which must be two hundred fifty dollars for a distributor’s license and twenty dollars for a retailer’s license. Fees for distributors’ licenses must be deposited in the general fund in the state treasury and fees for retailers’ licenses must be deposited in the county general fund. The license is valid only for the calendar year in which issued and must at all times be displayed at the place of business of the licensee. The licenses are in addition to any other license required by law or municipal ordinance. The licensing provisions of this section do not apply to a retailer who is required to become licensed by any municipality. Any license fee levied by a municipality must be deposited in the municipality’s

general fund. A person not licensed as a wholesaler or retailer may not bring any fireworks into this state, and a retailer may not sell any fireworks that have not been purchased from a wholesaler licensed under this chapter. A person licensed under this chapter shall keep available for inspection by the state fire marshal or any sheriff, police officer, or local fire marshal a copy of each invoice for fireworks purchased as long as any fireworks included on the invoice are held in the licensee’s possession, which invoice must show the license number of the wholesaler from whom the purchase was made.

23-15-05. State fire marshal or sheriff to seize all fireworks or combustibles.

The state fire marshal or any sheriff, police officer, or local fire marshal shall seize, take, remove, or cause to be removed at the expense of the owner all fireworks or combustibles offered or exposed for sale, stored, or held for use in violation of this chapter.

23-15-06. General penalty.

Any person violating the provisions of this chapter is guilty of a class B misdemeanor.

3743.01 Fireworks definitions.

As used in this chapter:

(A) “Beer” and “intoxicating liquor” have the same meanings as in section 4301.01 of the Revised Code.

(B) “Booby trap” means a small tube that has a string protruding from both ends, that has a friction-sensitive composition, and that is ignited by pulling the ends of the string.

(C) “Cigarette load” means a small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.

(D)(1) “1.3G fireworks” means display fireworks consistent with regulations of the United States department of transportation as expressed using the designation “division 1.3 ” in Title 49, Code of Federal Regulations.

(2) “1.4G fireworks” means consumer fireworks consistent with regulations of the United States department of transportation as expressed using the designation “division 1.4 ” in Title 49, Code of Federal Regulations.

(E) “Controlled substance” has the same meaning as in section 3719.01 of the Revised Code.

(F) “Fireworks” means any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, except ordinary matches and except as provided in section 3743.80 of the Revised Code.

(G) “Fireworks plant” means all buildings and other structures in which the manufacturing of fireworks, or the storage or sale of manufactured fireworks by a manufacturer, takes place.

(H) “Highway” means any public street, road, alley, way, lane, or other public thoroughfare.

(I) “Licensed exhibitor of fireworks” or “licensed exhibitor” means a person licensed pursuant to sections 3743.50 to 3743.55 of the Revised Code.

(J) “Licensed manufacturer of fireworks” or “licensed manufacturer” means a person licensed pursuant to sections 3743.02 to 3743.08 of the Revised Code.

(K) “Licensed wholesaler of fireworks” or “licensed wholesaler” means a person licensed pursuant to sections 3743.15 to 3743.21 of the Revised Code.

(L) “List of licensed exhibitors” means the list required by division (C) of section 3743.51 of the Revised Code.

(M) “List of licensed manufacturers” means the list required by division (C) of section 3743.03 of the Revised Code.

(N) “List of licensed wholesalers” means the list required by division (C) of section 3743.16 of the Revised Code.

(O) “Manufacturing of fireworks” means the making of fireworks from raw materials, none of which in and of themselves constitute a fireworks, or the processing of fireworks.

(P) “Navigable waters” means any body of water susceptible of being used in its ordinary condition as a highway of commerce over which trade and travel is or may be conducted in the customary modes, but does not include a body of water that is not capable of navigation by barges, tugboats, and other large vessels.

(Q) “Novelties and trick noisemakers” include the following items:

(1) Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers, and snappers;

(2) Snakes or glow worms;

(3) Smoke devices;

(4) Trick matches.

(R) “Party popper” means a small plastic or paper item that contains not more than sixteen milligrams of friction-sensitive explosive composition, that is ignited by pulling a string protruding from the item, and from which paper streamers are expelled when the item is ignited.

(S) “Processing of fireworks” means the making of fireworks from materials all or part of which in and of themselves constitute a fireworks, but does not include the mere packaging or repackaging of fireworks.

(T) “Railroad” means any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs, and sidings installed and primarily used in serving a mine, quarry, or plant.

(U) “Retail sale” or “sell at retail” means a sale of fireworks to a purchaser who intends to use the fireworks, and not resell them.

(V) “Smoke device” means a tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.

(W) “Snake or glow worm” means a device that consists of a pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning, which ash expands in length as the pellet burns.

(X) “Snapper” means a small, paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand, and that, when dropped, implodes.

(Y) “Trick match” means a kitchen or book match that is coated with a small quantity of explosive composition and that, upon ignition, produces a small report or a shower of sparks.

(Z) “Wire sparkler” means a sparkler consisting of a wire or stick coated with a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition and that contains no more than one hundred grams of this mixture.

(AA) “Wholesale sale” or “sell at wholesale” means a sale of fireworks to a purchaser who intends to resell the fireworks so purchased.

(BB) “Licensed premises” means the real estate upon which a licensed manufacturer or wholesaler of fireworks conducts business.

(CC) “Licensed building” means a building on the licensed premises of a licensed manufacturer or wholesaler of fireworks that is approved for occupancy by the building official having jurisdiction.

(DD) “Fireworks incident” means any action or omission that occurs at a fireworks exhibition, that results in injury or death, or a substantial risk of injury or death, to any person, and that involves either of the following:

(1) The handling or other use, or the results of the handling or other use, of fireworks or associated equipment or other materials;

(2) The failure of any person to comply with any applicable requirement imposed by this chapter or any applicable rule adopted under this chapter.

(EE) “Discharge site” means an area immediately surrounding the mortars used to fire aerial shells.

(FF) “Fireworks incident site” means a discharge site or other location at a fireworks exhibition where a fireworks incident occurs, a location where an injury or death associated with a fireworks incident occurs, or a location where evidence of a fireworks incident or an injury or death associated with a fireworks incident is found.

(GG) “Storage location” means a single parcel or contiguous parcels of real estate approved by the fire marshal pursuant to division (I) of section 3743.04 of the Revised Code or division (G) of section 3743.17 of the Revised Code that are separate from a licensed premises containing a retail showroom, and which parcel or parcels a licensed manufacturer or wholesaler of fireworks may use only for the distribution, possession, and storage of fireworks in accordance with this chapter.

3743.05 Rules governing classification, manufacturing, and packaging.

The fire marshal shall adopt rules in accordance with Chapter 119. of the Revised Code governing the classification of fireworks that are consistent with the classification of fireworks by the United States department of transportation as set forth in Title 49, Code of Federal Regulations, and the manufacture of fireworks and the storage of manufactured fireworks by licensed manufacturers of fireworks. The rules shall be designed to promote the safety and security of employees of manufacturers, members of the public, and the fireworks plant.

The rules shall be consistent with sections 3743.02 to 3743.08 of the Revised Code, shall be substantially equivalent to the most recent versions of chapters 1123, 1124, and 1126 of the most recent national fire protection association standards, and shall apply to, but not be limited to, the following subject matters:

(A) A classification of fireworks by number and letter designation, including, specifically, a 1.4 G designation of fireworks. The classes of fireworks established by the fire marshal shall be substantially equivalent to those defined by the United States department of transportation by regulation, except that, if the fire marshal determines that a type of fireworks designated as common fireworks by the United States department of transportation meets the criteria of any class of fireworks, other than 1.4 G fireworks, as adopted by the fire marshal pursuant to this section, the fire marshal may include the type of fireworks in the other class instead of 1.4 G.

(B) Appropriate standards for the manufacturing of types of fireworks that are consistent with standards adopted by the United States department of transportation and the consumer product safety commission, including, but not limited to, the following:

(1) Permissible amounts of pyrotechnic or explosive composition;

(2) Interior and exterior dimensions;

(3) Structural specifications.

(C) Cleanliness and orderliness in, the heating, lighting, and use of stoves and flame-producing items in, smoking in, the prevention of fire and explosion in, the availability of fire extinguishers or other fire-fighting equipment and their use in, and emergency procedures relative to the buildings and other structures located on the premises of a fireworks plant.

(D) Appropriate uniforms to be worn by employees of manufacturers in the course of the manufacturing, handling, and storing of fireworks, and the use of protective clothing and equipment by the employees.

(E) The manner in which fireworks are to be packed, packaged, and stored.

(F) Required distances between buildings or structures used in the manufacturing, storage, or sale of fireworks and occupied residential and nonresidential buildings or structures, railroads, highways, or any additional buildings or structures located on the licensed premises. The rules adopted pursuant to this division do not apply to factory buildings in fireworks plants that were erected on or before May 30, 1986, and that were legally being used for fireworks activities under authority of a valid license issued by the fire marshal as of December 1, 1990, pursuant to sections 3743.03 and 3743.04 of the Revised Code.

(G) Requirements for the operation of storage locations, including packaging, assembling, and storage of fireworks.

3743.15 Application for wholesaler’s license.

(A) Except as provided in division (C) of this section, any person who wishes to be a wholesaler of fireworks in this state shall submit to the fire marshal an application for licensure as a wholesaler of fireworks before the first day of October of each year. The application shall be submitted prior to commencement of business operations, shall be on a form prescribed by the fire marshal, shall contain all information requested by the fire marshal, and shall be accompanied by the license fee, fingerprints, and proof of insurance coverage described in division (B) of this section.

The fire marshal shall prescribe a form for applications for licensure as a wholesaler of fireworks and make a copy of the form available, upon request, to persons who seek that licensure.

(B) An applicant for licensure as a wholesaler of fireworks shall submit with the application all of the following:

(1) A license fee of two thousand seven hundred fifty dollars, which the fire marshal shall use to pay for fireworks safety education, training programs, and inspections. If the applicant has any storage locations approved in accordance with division (G) of section 3743.17 of the Revised Code, the applicant also shall submit a fee of one hundred dollars per storage location for the inspection of each storage location.

(2) Proof of comprehensive general liability insurance coverage, specifically including fire and smoke casualty on premises, in an amount not less than one million dollars for each occurrence for bodily injury liability and wrongful death liability at its business location. Proof of such insurance coverage shall be submitted together with proof of coverage for products liability on all inventory located at the business location. All applicants shall submit evidence of comprehensive general liability insurance coverage verified by the insurer and certified as to its provision of the minimum coverage required under this division.

(3) One set of the applicant’s fingerprints or similar identifying information and a set of fingerprints or similar identifying information of any individual holding, owning, or controlling a five per cent or greater beneficial or equity interest in the applicant for the license. The fire marshal may adopt rules in accordance with Chapter 119 of the Revised Code specifying the method to be used by the applicant to provide the fingerprint or similar identifying information, fees to be assessed by the fire marshal to conduct such background checks, and the procedures to be used by the fire marshal to verify compliance with this section. Such rules may include provisions establishing the frequency that license renewal applicants must update background check information filed by the applicant with previous license applications and provisions describing alternative forms of background check information that may be accepted by the fire marshal to verify compliance with this section.

(C) A licensed manufacturer of fireworks is not required to apply for and obtain a wholesaler of fireworks license in order to engage in the wholesale sale of fireworks as authorized by division (C)(2) of section 3743.04 of the Revised Code. A business which is not a licensed manufacturer of fireworks may engage in the wholesale and retail sale of fireworks in the same manner as a licensed manufacturer of fireworks is authorized to do under this chapter without the necessity of applying for and obtaining a license pursuant to this section, but only if the business sells the fireworks on the premises of a fireworks plant covered by a license issued under section 3743.03 of the Revised Code and the holder of that license owns at least a majority interest in that business. However, if a licensed manufacturer of fireworks wishes to engage in the wholesale sale of fireworks in this state at a location other than the premises of the fireworks plant described in its application for licensure as a manufacturer or in a notification submitted under division (B) of section 3743.04 of the Revised Code, the manufacturer shall first apply for and obtain a wholesaler of fireworks license before engaging in wholesale sales of fireworks at the other location.

(D) A separate application for licensure as a wholesaler of fireworks shall be submitted for each location at which a person wishes to engage in wholesale sales of fireworks.

3743.16 Reviewing application of wholesaler.

(A) If a person submits an application for licensure as a wholesaler of fireworks, together with the license fee, fingerprints, and proof of the insurance coverage, as required by section 3743.15 of the Revised Code, the fire marshal shall review the application and accompanying matter, request the criminal records check described in division (D) of this section, inspect the premises on which the fireworks would be sold, and determine whether the applicant will be issued the license. In determining whether to issue the license, the fire marshal shall consider the results of the criminal records check and the inspection, and the information set forth in the application, and shall decide whether the applicant and the premises on which the fireworks will be sold conform to sections 3743.15 to 3743.21 of the Revised Code and the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code, and are in full compliance with Chapters 3781. and 3791. of the Revised Code, and any applicable building or zoning regulations.

(B) Subject to section 3743.70 of the Revised Code, the fire marshal shall issue a license in accordance with Chapter 119. of the Revised Code to the applicant for licensure as a wholesaler of fireworks only if the applicant and the premises on which the fireworks will be sold conform to sections 3743.15 to 3743.21 of the Revised Code and the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code, only if the premises on which the fireworks will be sold complies with the Ohio building code adopted under Chapter 3781. of the Revised Code, if that premises was constructed after May 30, 1986, and only if the fire marshal is satisfied that the application and accompanying matter are complete and in conformity with section 3743.15 of the Revised Code. The requirements of this chapter and of the rules adopted under this chapter as applicable to the structure of a building do not apply to a building used by a wholesaler if the building was inspected and approved by the department of industrial relations or by any building department certified pursuant to division (E) of section 3781.10 of the Revised Code prior to May 30, 1986.

(C) Each license issued pursuant to this section shall contain a distinct number assigned to the particular wholesaler. The fire marshal shall maintain a list of all licensed wholesalers of fireworks. In this list next to each wholesaler’s name, the fire marshal shall insert the period of licensure and the license number of the particular wholesaler.

(D) Upon receipt of an application and the required accompanying matter under section 3743.15 of the Revised Code, the fire marshal shall forward to the superintendent of the bureau of criminal identification and investigation a request that the bureau conduct an investigation of the applicant and, if applicable, additional individuals who hold, own, or control a five per cent or greater beneficial or equity interest in the applicant, to determine whether the applicant or the additional associated individuals have been convicted of or pled guilty to a felony under the laws of this state, another state, or the United States.

If the applicant for initial licensure has resided in this state for less than five continuous years immediately prior to the date the applicant submits an initial application, the superintendent also shall request that the federal bureau of investigation conduct an investigation of the applicant and, if applicable, additional individuals who hold, own, or control a five per cent or greater beneficial or equity interest in the applicant, to determine whether the applicant or the additional associated individuals have been convicted of or pled guilty to a felony under the laws of this state, another state, or the United States.

The superintendent shall forward the results of an investigation conducted pursuant to this division to the fire marshal and may charge a reasonable fee for providing the results. The fire marshal shall assess any fee charged by the superintendent for the results to the applicant.

3743.17 Wholesaler’s license renewal.

(A) The license of a wholesaler of fireworks is effective for one year beginning on the first day of December. The fire marshal shall issue or renew a license only on that date and at no other time. If a wholesaler of fireworks wishes to continue engaging in the wholesale sale of fireworks at the particular location after its then effective license expires, it shall apply not later than the first day of October for a new license pursuant to section 3743.15 of the Revised Code. The fire marshal shall send a written notice of the expiration of its license to a licensed wholesaler at least three months before the expiration date.

(B) If, during the effective period of its licensure, a licensed wholesaler of fireworks wishes to perform any construction, or make any structural change or renovation, on the premises on which the fireworks are sold, the wholesaler shall notify the fire marshal in writing. The fire marshal may require a licensed wholesaler also to submit documentation, including, but not limited to, plans covering the proposed construction or structural change or renovation, if the fire marshal determines the documentation is necessary for evaluation purposes in light of the proposed construction or structural change or renovation.

Upon receipt of the notification and additional documentation required by the fire marshal, the fire marshal shall inspect the premises on which the fireworks are sold to determine if the proposed construction or structural change or renovation conforms to sections 3743.15 to 3743.21 of the Revised Code and the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code. The fire marshal shall issue a written authorization to the wholesaler for the construction or structural change or renovation if the fire marshal determines, upon the inspection and a review of submitted documentation, that the construction or structural change or renovation conforms to those sections and rules.

(C) The license of a wholesaler of fireworks authorizes the wholesaler to engage only in the following activities:

(1) Possess for sale at wholesale and sell at wholesale fireworks to persons who are licensed wholesalers of fireworks, to out-of-state residents in accordance with section 3743.44 of the Revised Code, to residents of this state in accordance with section 3743.45 of the Revised Code, or to persons located in another state provided the fireworks are shipped directly out of this state to them by the wholesaler. The possession for sale shall be at the location described in the application for licensure or in the notification submitted under division (B) of this section, and the sale shall be from the inside of a licensed building and from no structure or device outside a licensed building. At no time shall a licensed wholesaler sell any class of fireworks outside a licensed building.

(2) Possess for sale at retail and sell at retail fireworks, other than 1.4 G fireworks as designated by the fire marshal in rules adopted pursuant to division (A) of section 3743.05 of the Revised Code, to licensed exhibitors in accordance with sections 3743.50 to 3743.55 of the Revised Code, and possess for sale at retail and sell at retail fireworks, including 1.4 G fireworks, to out-of-state residents in accordance with section 3743.44 of the Revised Code, to residents of this state in accordance with section 3743.45 of the Revised Code, or to persons located in another state provided the fireworks are shipped directly out of this state to them by the wholesaler. The possession for sale shall be at the location described in the application for licensure or in the notification submitted under division (B) of this section, and the sale shall be from the inside of the licensed building and from no other structure or device outside this licensed building. At no time shall a licensed wholesaler sell any class of fireworks outside a licensed building.

A licensed wholesaler of fireworks shall sell under division (C) of this section only fireworks that meet the standards set by the consumer product safety commission or by the American fireworks standard laboratories or that have received an EX number from the United States department of transportation.

(D) The license of a wholesaler of fireworks shall be protected under glass and posted in a conspicuous place at the location described in the application for licensure or in the notification submitted under division (B) of this section. Except as otherwise provided in this section, the license is not transferable or assignable. A license may be transferred to another person for the same location for which the license was issued if the assets of the wholesaler are transferred to that person by inheritance or by a sale approved by the fire marshal. The license is subject to revocation in accordance with section 3743.21 of the Revised Code.

(E) The fire marshal shall adopt rules for the expansion or contraction of a licensed premises and for the approval of an expansion or contraction. The boundaries of a licensed premises, including any geographic expansion or contraction of those boundaries, shall be approved by the fire marshal in accordance with rules the fire marshal adopts. If the licensed premises of a licensed wholesaler from which the wholesaler operates consists of more than one parcel of real estate, those parcels must be contiguous, unless an exception is allowed pursuant to division (G) of this section.

(F)(1) Upon application by a licensed wholesaler of fireworks, a wholesaler license may be transferred from one geographic location to another within the same municipal corporation or within the unincorporated area of the same township, but only if all of the following apply:

(a) The identity of the holder of the license remains the same in the new location.

(b) The former location is closed prior to the opening of the new location and no fireworks business of any kind is conducted at the former location after the transfer of the license.

(c) The new location has received a local certificate of zoning compliance and a local certificate of occupancy, and otherwise is in compliance with all local building regulations.

(d) Every building or structure at the new location is separated from occupied residential and nonresidential buildings or structures, railroads, highways, or any other buildings or structures located on the licensed premises in accordance with the distances specified in the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code. If the licensee fails to comply with the requirements of division (F)(1)(d) of this section by the licensee’s own act, the license at the new location is forfeited.

(e) Neither the licensee nor any person holding, owning, or controlling a five per cent or greater beneficial or equity interest in the licensee has been convicted of or has pleaded guilty to a felony under the laws of this state, any other state, or the United States after June 30, 1997.

(f) The fire marshal approves the request for the transfer.

(2) The new location shall comply with the requirements specified in divisions (C)(1) and (2) of section 3743.25 of the Revised Code whether or not the fireworks showroom at the new location is constructed, expanded, or first begins operating on and after June 30, 1997.

(G)(1) A licensed wholesaler may expand its licensed premises within this state to include not more than two storage locations that are located upon one or more real estate parcels that are noncontiguous to the licensed premises as that licensed premises exists on the date a licensee submits an application as described below, if all of the following apply:

(a) The licensee submits an application to the fire marshal requesting the expansion and an application fee of one hundred dollars per storage location for which the licensee is requesting approval.

(b) The identity of the holder of the license remains the same at the storage location.

(c) The storage location has received a valid certificate of zoning compliance, as applicable, and a valid certificate of occupancy for each building or structure at the storage location issued by the authority having jurisdiction to issue the certificate for the storage location, and those certificates permit the distribution and storage of fireworks regulated under this chapter at the storage location and in the buildings or structures. The storage location shall be in compliance with all other applicable federal, state, and local laws and regulations.

(d) Every building or structure located upon the storage location is separated from occupied residential and nonresidential buildings or structures, railroads, highways, and any other buildings or structures on the licensed premises in accordance with the distances specified in the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code.

(e) Neither the licensee nor any person holding, owning, or controlling a five per cent or greater beneficial or equity interest in the licensee has been convicted of or pleaded guilty to a felony under the laws of this state, any other state, or the United States, after September 29, 2005.

(f) The fire marshal approves the application for expansion.

(2) The fire marshal shall approve an application for expansion requested under division (G)(1) of this section if the fire marshal receives the application fee and proof that the requirements of divisions (G)(1)(b) to (e) of this section are satisfied. The storage location shall be considered part of the original licensed premises and shall use the same distinct number assigned to the original licensed premises with any additional designations as the fire marshal deems necessary in accordance with section 3743.16 of the Revised Code.

(H)(1) A licensee who obtains approval for use of a storage location in accordance with division (G) of this section shall use the site exclusively for the following activities, in accordance with division (C)(1) of this section:

(a) Packaging, assembling, or storing fireworks, which shall occur only in buildings or structures approved for such hazardous uses by the building code official having jurisdiction for the storage location or, for 1.4 G fireworks, in containers or trailers approved for such hazardous uses by the fire marshal if such containers or trailers are not subject to regulation by the building code adopted in accordance with Chapter 3781. of the Revised Code. All such storage shall be in accordance with the rules adopted by the fire marshal under division (B)(4) of section 3743.18 of the Revised Code for the packaging, assembling, and storage of fireworks.

(b) Distributing fireworks to other parcels of real estate located on the wholesaler’s licensed premises, to licensed manufacturers or other licensed wholesalers in this state or to similarly licensed persons located in another state or country;

(c) Distributing fireworks to a licensed exhibitor of fireworks pursuant to a properly issued permit in accordance with section 3743.54 of the Revised Code.

(2) A licensed wholesaler shall not engage in any sales activity, including the retail sale of fireworks otherwise permitted under division (C)(2) of this section or pursuant to section 3743.44 or 3743.45 of the Revised Code, at a storage location approved under this section.

(3) A storage location may not be relocated for a minimum period of five years after the storage location is approved by the fire marshal in accordance with division (G) of this section.

(I) A licensee shall prohibit public access to all storage locations it uses. The fire marshal shall adopt rules establishing acceptable measures a wholesaler shall use to prohibit access to storage sites.

(J) The fire marshal shall not place the license of a wholesaler of fireworks in temporarily inactive status while the holder of the license is attempting to qualify to retain the license.

(K) Each licensed wholesaler of fireworks or a designee of the wholesaler, whose identity is provided to the fire marshal by the wholesaler, annually shall attend a continuing education program . The fire marshal shall develop the program and the fire marshal or a person or public agency approved by the fire marshal shall conduct it. A licensed wholesaler or the wholesaler’s designee who attends a program as required under this division, within one year after attending the program, shall conduct in-service training as approved by the fire marshal for other employees of the licensed wholesaler regarding the information obtained in the program. A licensed wholesaler shall provide the fire marshal with notice of the date, time, and place of all in-service training . For any program conducted under this division, the fire marshal shall, in accordance with rules adopted by the fire marshal under Chapter 119. of the Revised Code, establish the subjects to be taught, the length of classes, the standards for approval, and time periods for notification by the licensee to the state fire marshal of any in-service training.

(L) A licensed wholesaler shall maintain comprehensive general liability insurance coverage in the amount and type specified under division (B)(2) of section 3743.15 of the Revised Code at all times. Each policy of insurance required under this division shall contain a provision requiring the insurer to give not less than fifteen days’ prior written notice to the fire marshal before termination, lapse, or cancellation of the policy, or any change in the policy that reduces the coverage below the minimum required under this division. Prior to canceling or reducing the amount of coverage of any comprehensive general liability insurance coverage required under this division, a licensed wholesaler shall secure supplemental insurance in an amount and type that satisfies the requirements of this division so that no lapse in coverage occurs at any time. A licensed wholesaler who secures supplemental insurance shall file evidence of the supplemental insurance with the fire marshal prior to canceling or reducing the amount of coverage of any comprehensive general liability insurance coverage required under this division.

3743.18 Storage and business operations.

(A) The fire marshal shall adopt rules pursuant to Chapter 119 of the Revised Code governing the storage of fireworks by and the business operations of licensed wholesalers of fireworks. These rules shall be designed to promote the safety and security of employees of wholesalers, members of the public, and the premises upon which fireworks are sold.

(B) The rules shall be consistent with sections 3743.15 to 3743.21 of the Revised Code, shall be substantially equivalent to the most recent versions of chapters 1123, 1124, and 1126 of the most recent national fire protection association standards, and shall apply to, but not be limited to, the following subject matters:

(1) Cleanliness and orderliness in, the heating, lighting, and use of stoves and flame-producing items in, smoking in, the prevention of fire and explosion in, the availability of fire extinguishers or other fire-fighting equipment and their use in, and emergency procedures relative to the buildings and other structures on a wholesaler’s premises;

(2) Appropriate uniforms to be worn by employees of wholesalers in the course of handling and storing of fireworks, and the use of protective clothing and equipment by the employees;

(3) The manner in which fireworks are to be stored;

(4) Required distances between buildings or structures used in the manufacturing, storage, or sale of fireworks and occupied residential and nonresidential buildings or structures, railroads, highways, or any additional buildings or structures on a licensed premises.

(5) Requirements for the operation of storage locations, including packaging, assembling, and storage of fireworks.

(C) Rules adopted pursuant to division (B)(4) of this section do not apply to buildings that were erected on or before May 30, 1986, and that were legally being used for fireworks activities under authority of a valid license issued by the fire marshal as of December 1, 1990, pursuant to sections 3743.16 and 3743.17 of the Revised Code.

3743.19 Additional requirements for wholesalers.

In addition to conforming to the rules of the fire marshal adopted pursuant to section 3743.18 of the Revised Code, licensed wholesalers of fireworks shall conduct their business operations in accordance with the following:

(A) A wholesaler shall conduct its business operations from the location described in its application for licensure or in a notification submitted under division (B) of section 3743.17 of the Revised Code.

(B) Signs indicating that smoking is generally forbidden and trespassing is prohibited on the premises of a wholesaler shall be posted on the premises as determined by the fire marshal.

(C) Reasonable precautions shall be taken to protect the premises of a wholesaler from trespass, loss, theft, or destruction.

(D) Smoking or the carrying of pipes, cigarettes, or cigars, matches, lighters, other flame-producing items, or open flame on, or the carrying of a concealed source of ignition into, the premises of a wholesaler is prohibited, except that a wholesaler may permit smoking in specified lunchrooms or restrooms in buildings or other structures in which no sales, handling, or storage of fireworks takes place. “NO SMOKING” signs shall be posted on the premises as required by the fire marshal.

(E) Fire and explosion prevention and other reasonable safety measures and precautions shall be implemented by a wholesaler.

(F) Persons shall not be permitted to have in their possession or under their control, while they are on the premises of a wholesaler, any intoxicating liquor, beer, or controlled substance, and they shall not be permitted to enter or remain on the premises if they are found to be under the influence of any intoxicating liquor, beer, or controlled substance.

(G) A wholesaler shall conform to all building, safety, and zoning statutes, ordinances, rules, or other enactments that apply to its premises.

(H) Each building used in the sale of fireworks shall be kept open to the public for at least four hours each day between the hours of eight a.m. and five p.m., five days of each week, every week of the year. Upon application from a licensed wholesaler, the fire marshal may waive any of the requirements of this division.

(I) Awnings, tents, or canopies shall not be used as facilities for the storage or sale of fireworks. This division does not prohibit the use of an awning or canopy attached to a public access showroom for storing nonflammable shopping convenience items such as shopping carts or baskets or providing a shaded area for patrons waiting to enter the public sales area.

(J) 1.4 G fireworks may be stored in trailers if the trailers are properly enclosed, secured, and grounded and are separated from any structure to which the public is admitted by a distance that will, in the fire marshal’s judgment, allow fire-fighting equipment to have full access to the structures on the licensed premises. Such trailers may be moved into closer proximity to any structure only to accept or discharge cargo for a period not to exceed forty-eight hours. Only two such trailers may be placed in such closer proximity at any one time. At no time may trailers be used for conducting sales of any class of fireworks nor may members of the public have access to the trailers.

Storage areas for fireworks that are in the same building where fireworks are displayed and sold to the public shall be separated from the areas to which the public has access by an appropriately rated fire wall. If the licensee installs and properly maintains an early suppression fast response sprinkler system or equivalent fire suppression system as described in the fire code adopted by the fire marshal in accordance with section 3737.82 of the Revised Code throughout the structure, a fire barrier wall may be substituted for a fire wall between the areas to which the public has access and the storage portions of the structure.

(K) A fire suppression system as defined in section 3781.108 of the Revised Code may be turned off only for repair, drainage of the system to prevent damage by freezing during the period of time, approved by the fire marshal under division (I) of this section, that the facility is closed to public access during winter months, or maintenance of the system. If any repair or maintenance is necessary during times when the facility is open for public access and business, the licensed wholesaler shall notify in advance the appropriate insurance company and fire chief or fire prevention officer regarding the nature of the maintenance or repair and the time when it will be performed.

(L) If any fireworks item is removed from its original package or is manufactured with any fuse other than a fuse approved by the consumer product safety commission, then the item shall be covered completely by repackaging or bagging or it shall otherwise be covered so as to prevent ignition prior to sale.

(M) A safety officer shall be present during regular business hours at a building open to the public during the period commencing fourteen days before, and ending two days after, each fourth day of July. The officer shall be highly visible, enforce this chapter and any applicable building codes to the extent the officer is authorized by law, and be one of the following:

(1) A deputy sheriff;

(2) A law enforcement officer of a municipal corporation, township, or township or joint township police district;

(3) A private uniformed security guard registered under section 4749.06 of the Revised Code.

(N) All doors of all buildings on the licensed premises shall swing outward.

(O) All wholesale and commercial sales of fireworks shall be packaged, shipped, placarded, and transported in accordance with United States department of transportation regulations applicable to the transportation, and the offering for transportation, of hazardous materials. For purposes of this division, “wholesale and commercial sales” includes all sales for resale and any nonretail sale made in furtherance of a commercial enterprise. For purposes of enforcement of these regulations under section 4905.83 of the Revised Code, any sales transaction exceeding one thousand pounds shall be rebuttably presumed to be a wholesale or commercial sale.

3743.20 Records.

(A) Licensed wholesalers of fireworks shall keep complete records of all fireworks in their inventory.

(B) Licensed wholesalers of fireworks shall keep the following records with respect to fireworks sold at wholesale or retail for a period of three years after the date of their sale:

(1) In the case of a wholesale sale, the name and address of the purchaser; the destination to which the fireworks will be transported; if applicable, the number of the purchaser’s wholesale license; the date of the purchase; when the fireworks are to be shipped directly out of this state by a wholesaler to a purchaser, the manner in which the fireworks were shipped to the purchaser; and such other information as the fire marshal may require;

(2) In the case of a retail sale, the name and address of the purchaser; the destination to which the fireworks will be transported; if applicable, the number of the purchaser’s exhibitor’s license and the number and political subdivision designation of the purchaser’s permit for a fireworks exhibition; the date of purchase; when the fireworks are shipped directly out of this state by a wholesaler to a purchaser, the manner in which the fireworks were shipped to the purchaser; and such other information as the fire marshal may require.

(C) The seller shall require each purchaser described in division (B) of this section to complete a purchaser’s form, which shall be prescribed by the fire marshal and furnished by the seller. On this form the purchaser shall include the information described in division (B) of this section and the purchaser’s signature. Each purchaser’s form shall contain a statement printed in bold letters indicating that knowingly making a false statement on the form is falsification under section 2921.13 of the Revised Code and is a misdemeanor of the first degree. Each seller shall keep each purchaser’s form for a period of three years after the date of the purchase, and such forms shall be open to inspection by the fire marshal or the fire marshal’s designated authority.

(D) A licensed wholesaler of fireworks shall keep its wholesale sale and retail sale records in separate books. These records and the inventory records shall be open to inspection by the fire marshal or the fire marshal’s designated authority.

3743.21 Inspections.

(A) The fire marshal may inspect the premises, and the inventory, wholesale sale, and retail sale records, of a licensed wholesaler of fireworks during the wholesaler’s period of licensure to determine whether the wholesaler is in compliance with Chapter 3743. of the Revised Code and the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code.

(B) If the fire marshal determines during an inspection conducted pursuant to division (A) of this section that a wholesaler is not in compliance with Chapter 3743. of the Revised Code or the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code, the fire marshal may take one or more of the following actions, whichever the fire marshal considers appropriate under the circumstances:

(1) Order, in writing, the wholesaler to eliminate, correct, or otherwise remedy the nonconformities within a specified period of time;

(2) Order, in writing, the wholesaler to immediately cease its operations, if a fire or explosion hazard exists that reasonably can be regarded as posing an imminent danger of death or serious physical harm to persons. The order shall be effective until the nonconformities are eliminated, corrected, or otherwise remedied or for a period of seventy-two hours from the time of issuance, whichever first occurs. During the seventy-two hour period, the fire marshal may obtain from the court of common pleas of Franklin county or of the county in which the premises of the wholesaler are located an injunction restraining the wholesaler from continuing its operations after the seventy-two hour period expires until the nonconformities are eliminated, corrected, or otherwise remedied.

(3) Revoke, or deny renewal of, the license of the wholesaler in accordance with Chapter 119. of the Revised Code;

(4) Take action as authorized by section 3743.68 of the Revised Code.

(C) This section does not affect the authority conferred by Chapters 3781. and 3791. of the Revised Code to conduct inspections to determine conformity with those chapters or the rules adopted pursuant to them.

(D) If the license of a wholesaler of fireworks is revoked or renewal is denied pursuant to division (B)(3) of this section or section 3743.70 of the Revised Code, the wholesaler shall cease its operations immediately. The wholesaler may not reapply for licensure as a wholesaler of fireworks until two years expire from the date of revocation.

The fire marshal shall remove from the list of licensed wholesalers the name of a wholesaler whose license has been revoked, and shall notify the law enforcement authorities for the political subdivision in which the wholesaler’s premises are located, of the revocation or denial of renewal.

3743.25 Safety requirements for fireworks showroom structures.

(A)(1) Except as described in division (A)(2) of this section, all retail sales of 1.4 G fireworks by a licensed manufacturer or wholesaler shall only occur from an approved retail sales showroom on a licensed premises or from a representative sample showroom as described in this section on a licensed premises. For the purposes of this section, a retail sale includes the transfer of the possession of the 1.4 G fireworks from the licensed manufacturer or wholesaler to the purchaser of the fireworks.

(2) Sales of 1.4 G fireworks to a licensed exhibitor for a properly permitted exhibition shall occur in accordance with the provisions of the Revised Code and rules adopted by the state fire marshal under Chapter 119. of the Revised Code. Such rules shall specify, at a minimum, that the licensed exhibitor holds a license under section 3743.51 of the Revised Code, that the exhibitor possesses a valid exhibition permit issued in accordance with section 3743.54 of the Revised Code, and that the fireworks shipped are to be used at the specifically permitted exhibition.

(B) All wholesale sales of fireworks by a licensed manufacturer or wholesaler shall only occur from a licensed premises to persons who intend to resell the fireworks purchased at wholesale. A wholesale sale by a licensed manufacturer or wholesaler may occur as follows:

(1) The direct sale and shipment of fireworks to a person outside of this state;

(2) From an approved retail sales showroom as described in this section;

(3) From a representative sample showroom as described in this section;

(4) By delivery of wholesale fireworks to a purchaser at a licensed premises outside of a structure or building on that premises. All other portions of the wholesale sales transaction may occur at any location on a licensed premises.

(5) Any other method as described in rules adopted by the state fire marshal under Chapter 119. of the Revised Code.

(C) A licensed manufacturer or wholesaler shall only sell 1.4 G fireworks from a representative sample showroom or a retail sales showroom. Each licensed premises shall only contain one sales structure.

A representative sample showroom shall consist of a structure constructed and maintained in accordance with the nonresidential building code adopted under Chapter 3781. of the Revised Code and the fire code adopted under section 3737.82 of the Revised Code for a use and occupancy group that permits mercantile sales. A representative sample showroom shall not contain any pyrotechnics, pyrotechnic materials, fireworks, explosives, explosive materials, or any similar hazardous materials or substances. A representative sample showroom shall be used only for the public viewing of fireworks product representations, including paper materials, packaging materials, catalogs, photographs, or other similar product depictions. The delivery of product to a purchaser of fireworks at a licensed premises that has a representative sample structure shall not occur inside any structure on a licensed premises. Such product delivery shall occur on the licensed premises in a manner prescribed by rules adopted by the state fire marshal pursuant to Chapter 119. of the Revised Code.

If a manufacturer or wholesaler elects to conduct sales from a retail sales showroom, the showroom structures, to which the public may have any access and in which employees are required to work, on all licensed premises, shall comply with the following safety requirements:

(1) A fireworks showroom that is constructed or upon which expansion is undertaken on and after June 30, 1997, shall be equipped with interlinked fire detection, fire suppression, smoke exhaust, and smoke evacuation systems that are approved by the superintendent of labor in the department of commerce.

(2) A fireworks showroom that first begins to operate on or after June 30, 1997, and to which the public has access for retail purposes shall not exceed five thousand square feet in floor area.

(3) A newly constructed or an existing fireworks showroom structure that exists on September 23, 2008, but that, on or after September 23, 2008, is altered or added to in a manner requiring the submission of plans, drawings, specifications, or data pursuant to section 3791.04 of the Revised Code, shall comply with a graphic floor plan layout that is approved by the state fire marshal and superintendent showing width of aisles, parallel arrangement of aisles to exits, number of exits per wall, maximum occupancy load, evacuation plan for occupants, height of storage or display of merchandise, and other information as may be required by the state fire marshal and superintendent.

(4) A fireworks showroom structure that exists on June 30, 1997, shall be in compliance on or after June 30, 1997, with floor plans showing occupancy load limits and internal circulation and egress patterns that are approved by the state fire marshal and superintendent , and that are submitted under seal as required by section 3791.04 of the Revised Code.

(D) The safety requirements established in division (C) of this section are not subject to any variance, waiver, or exclusion pursuant to this chapter or any applicable building code.

3743.40 Applying for shipping permit by nonresident.

(A) Any person who resides in another state and who intends to ship fireworks into this state shall submit to the fire marshal an application for a shipping permit. As used in this section, “fireworks” includes only 1.3 G and 1.4 G fireworks. The application shall be submitted prior to shipping fireworks into this state, shall be on a form prescribed by the fire marshal, shall contain the information required by division (B) of this section and all information requested by the fire marshal, and shall be accompanied by the fee and the documentation described in division (C) of this section.

The fire marshal shall prescribe a form for applications for shipping permits and make a copy of the form available, upon request, to persons who seek such a permit.

(B) In an application for a shipping permit, the applicant shall specify the types of fireworks to be shipped into this state.

(C) An application for a shipping permit shall be accompanied by a fee of two thousand seven hundred fifty dollars.

An application for a shipping permit shall be accompanied by a certified copy or other copy acceptable to the fire marshal of the applicant’s license or permit issued in the applicant’s state of residence and authorizing the applicant to engage in the manufacture, wholesale sale, or transportation of fireworks in that state, if that state issues such a license or permit, and by a statement by the applicant that the applicant understands and will abide by rules adopted by the fire marshal pursuant to section 3743.58 of the Revised Code for transporting fireworks.

(D) Except as otherwise provided in this division, and subject to section 3743.70 of the Revised Code, the fire marshal shall issue a shipping permit to an applicant only if the fire marshal determines that the applicant is a resident of another state and is the holder of a license or permit issued by that state authorizing it to engage in the manufacture, wholesale sale, or transportation of fireworks in that state, and the fire marshal is satisfied that the application and documentation are complete and in conformity with this section and that the applicant will transport fireworks into this state in accordance with rules adopted by the fire marshal pursuant to section 3743.58 of the Revised Code. The fire marshal shall issue a shipping permit to an applicant if the applicant meets all of the requirements of this section for the issuance of a shipping permit except that the applicant does not hold a license or permit issued by the state of residence authorizing the applicant to engage in the manufacture, wholesale sale, or transportation of fireworks in that state because that state does not issue such a license or permit.

(E) Each permit issued pursuant to this section shall contain a distinct number assigned to the particular permit holder, and contain the information described in division (B) of this section.

The fire marshal shall maintain a list of all persons issued shipping permits. In this list next to each person’s name, the fire marshal shall insert the date upon which the permit was issued and the information described in division (B) of this section.

(F) A shipping permit is valid for one year from the date of issuance by the fire marshal and only if the permit holder ships the fireworks directly into this state to the holder of a license issued under section 3743.03 or 3743.16 of the Revised Code or a license holder under section 3743.51 of the Revised Code who possesses a valid exhibition permit issued in accordance with section 3743.54 of the Revised Code and the fireworks shipped are to be used at the specifically permitted exhibition. The permit authorizes the permit holder to ship fireworks, as described in rules adopted by the fire marshal under Chapter 119. of the Revised Code, directly to the holder of a license issued under section 3743.03 or 3743.16 of the Revised Code, and to possess the fireworks in this state while the permit holder is in the course of shipping them directly into this state.

The holder of a shipping permit shall have the permit in the holder’s possession in this state at all times while in the course of shipping the fireworks directly into this state. A shipping permit is not transferable or assignable.

3743.44 Selling to nonresidents.

(A) Any person who resides in another state and who intends to obtain possession in this state of fireworks purchased in this state shall obtain possession of the fireworks only from a licensed manufacturer or licensed wholesaler and only possess the fireworks in this state while in the course of directly transporting them out of this state. No licensed manufacturer or licensed wholesaler shall sell 1.3 G fireworks to a person who resides in another state unless that person has been issued a license or permit in the state of the person’s residence that authorizes the person to engage in the manufacture, wholesale sale, or retail sale of 1.3 G fireworks or that authorizes the person to conduct 1.3 G fireworks exhibitions in that state and that person presents a certified copy of the license. No licensed manufacturer or licensed wholesaler shall sell fireworks to a person who resides in another state unless that person has been issued a license or permit in the state of the person’s residence that authorizes the person to engage in the manufacture, wholesale sale, or retail sale of fireworks in that state or that authorizes the person to conduct fireworks exhibitions in that state and that person presents a certified copy of the license, or, if that person does not possess a license or permit of that nature, only if the person presents a current valid motor vehicle operator’s license issued to the person in the person’s state of residence, or, if that person does not possess a motor vehicle operator’s license issued in that state, an identification card issued to the person by a governmental agency in the person’s state of residence indicating that the person is a resident of that state. If a person who is required to present a motor vehicle operator’s license or other identification card intends to transport the fireworks purchased directly out of this state by a motor vehicle and the person will not also be the operator of that motor vehicle while so transporting the fireworks, the operator of the motor vehicle also shall present the operator’s motor vehicle operator’s license.

(B) A licensed manufacturer or licensed wholesaler selling fireworks under this section shall require the purchaser to complete a purchaser’s form. The fire marshal shall prescribe the form, and the licensed manufacturer or licensed wholesaler shall furnish the form. On this form the purchaser shall include the purchaser’s name and address; the date of the purchase; a statement that the purchaser acknowledges that the purchaser is responsible for any illegal use of the fireworks, including any damages caused by improper use; the number of the purchaser’s license or permit authorizing the purchaser to manufacture, sell at wholesale, or sell at retail fireworks or to conduct fireworks exhibitions, or the number of the purchaser’s motor vehicle operator’s license or other identification card, as applicable; such other information as the fire marshal may require; and the purchaser’s signature. Each purchaser’s form shall contain a statement printed in bold letters indicating that knowingly making a false statement on the form is falsification under section 2921.13 of the Revised Code and is a misdemeanor of the first degree.

Each licensed manufacturer and licensed wholesaler shall keep each purchaser’s form for a period of three years after the date of the purchase, and such forms shall be open to inspection by the fire marshal or the fire marshal’s designated authority.

(C) Each purchaser of fireworks under this section shall transport the fireworks so purchased directly out of this state within forty-eight hours after the time of their purchase.

This section regulates wholesale sales and retail sales of fireworks in this state only insofar as purchasers of fireworks are residents of other states and will be obtaining possession in this state of purchased fireworks. This section does not prohibit licensed manufacturers or wholesalers from selling fireworks, in accordance with section 3743.04 or sections 3743.17 and 3743.25 of the Revised Code, to a resident of another state and from shipping the purchased fireworks directly out of this state to the purchaser.

3743.45 Purchase of 1.4G fireworks from licensed manufacturer or wholesaler.

(A) Any person who resides in this state and who intends to obtain possession in this state of 1.4 G fireworks purchased in this state shall obtain possession of the 1.4 G fireworks only from a licensed manufacturer or licensed wholesaler.

A licensed manufacturer or licensed wholesaler selling 1.4 G fireworks under this division shall require the purchaser to complete a purchaser’s form, which shall be prescribed by the state fire marshal and furnished by the licensed manufacturer or licensed wholesaler. On this form the purchaser shall include the purchaser’s name and address; the date of the purchase; a statement that the purchaser acknowledges that the purchaser is responsible for any illegal use of the fireworks, including any damages caused by improper use; such other information as the fire marshal may require; and the purchaser’s signature. Each purchaser’s form shall contain a statement printed in bold letters indicating that knowingly making a false statement on the form is falsification under section 2921.13 of the Revised Code and is a misdemeanor of the first degree.

Each licensed manufacturer and licensed wholesaler shall keep each purchaser’s form for a period of three years after the date of the purchase, and such forms shall be open to inspection by the fire marshal or the fire marshal’s designated authority.

Each purchaser of 1.4 G fireworks under this division shall transport the fireworks so purchased directly out of this state within forty-eight hours after the time of their purchase.

This division does not apply to a person who resides in this state and who is also a licensed manufacturer, licensed wholesaler, or licensed exhibitor of fireworks in this state.

(B) No licensed manufacturer or licensed wholesaler shall sell 1.3 G fireworks to a person who resides in this state unless that person is a licensed manufacturer, licensed wholesaler, or licensed exhibitor of fireworks in this state.

3743.541 Fireworks incidents.

(A) The appropriate certified fire safety inspector, fire chief, or fire prevention officer or appropriate state or local law enforcement authority with jurisdiction over a fireworks incident site shall immediately notify the state fire marshal, the state fire marshal’s designee, or a member of the state fire marshal’s staff regarding the occurrence of the fireworks incident and the location of the fireworks incident site.

(B) At any time after a fireworks incident occurs, unless the fire marshal otherwise delegates the fire marshal’s authority to the appropriate state or local law enforcement authority with jurisdiction over the fireworks incident site, the fire marshal, the fire marshal’s designee, or a member of the fire marshal’s staff shall supervise and coordinate the investigation of the fireworks incident and supervise any dismantling, repositioning, or other disturbance of fireworks, associated equipment or other materials, or other items within the fireworks incident site or of any evidence related to the fireworks incident.

(C) A state or local law enforcement officer, certified fire safety inspector, fire chief, or fire prevention officer, or any person authorized and supervised by a state or local law enforcement officer, certified fire safety inspector, fire chief, or fire prevention officer, prior to the arrival of the fire marshal, the fire marshal’s designee, or a member of the fire marshal’s staff at a fireworks incident site, may dismantle, reposition, or move any fireworks, any associated equipment or other materials, or any other items found within the site or any evidence related to the fireworks incident only as necessary to prevent an imminent fire, imminent explosion, or similar threat of additional injury or death to any member of the public at the site.

3743.57 Fire marshal’s fireworks training and education fund.

(A) All fees collected by the fire marshal for licenses or permits issued pursuant to this chapter shall be deposited into the state fire marshal’s fund, and interest earned on the amounts in the fund shall be credited by the treasurer of state to the fund.

(B) The fire marshal shall in the fire marshal’s discretion use amounts in the state fire marshal’s fund for fireworks training and education purposes, including, but not limited to, the creation of educational and training programs, attendance by the fire marshal and the fire marshal’s employees at conferences and seminars, the payment of travel and meal expenses associated with such attendance, participation by the fire marshal and the fire marshal’s employees in committee meetings and other meetings related to pyrotechnic codes, and the payment of travel and meal expenses associated with such participation. The use of the fund shall comply with rules of the department of commerce, policies and procedures established by the director of budget and management, and all other applicable laws.

3743.58 Shipping or transporting fireworks.

The fire marshal shall adopt rules governing the transportation of fireworks on the highways of this state. These rules shall be substantially equivalent to regulations of the United States department of transportation governing the transportation of fireworks, and to the fireworks transportation provisions of the most recent versions of chapters 1123, 1124, and 1126 of the most recent national fire protection association standards. Fireworks shall be transported on the highways of this state only in accordance with such rules. Such rules shall not require that shipments of fireworks required by this Chapter to be made directly out of state be made solely by common carriers licensed by the federal government. No requirements of this Chapter that fireworks be shipped or transported directly out of this state require that these shipments be made personally by the seller or solely by common carriers licensed by the federal government.

3743.59 Variances.

(A) Upon application by an affected party, the fire marshal may grant variances from the requirements of this chapter or from the requirements of rules adopted pursuant to this chapter if the fire marshal determines that a literal enforcement of the requirement will result in practical difficulty in complying with the requirements of this chapter or the rules adopted pursuant to this chapter and that the variance will not be contrary to the public health, safety, or welfare. A variance shall not be granted to a person who is initially licensed as a manufacturer or wholesaler of fireworks after June 14, 1988.

(B) The fire marshal may authorize a variance from the prohibitions in this chapter against the possession and use of pyrotechnic compounds to a person who submits proof that the person is certified and in good standing with the Ohio state board of education, provided that the pyrotechnic compounds are used for educational purposes only, or are used only at an authorized educational function approved by the governing board that exercises authority over the educational function.

(C) The fire marshal may authorize a variance from the prohibitions in this chapter against the possession and use of pyrotechnic compounds to a person who possesses and uses the pyrotechnic compounds for personal and noncommercial purposes as a hobby. The fire marshal may rescind a variance authorized under this division at any time, exclusively at the fire marshal’s discretion.

3743.61 Wholesaler restrictions.

(A) No person, except a licensed manufacturer of fireworks engaging in the wholesale sale of fireworks as authorized by division (C)(2) of section 3743.04 of the Revised Code, shall operate as a wholesaler of fireworks in this state unless it is a licensed wholesaler of fireworks, or shall operate as a wholesaler of fireworks at any location in this state unless it has been issued a license as a wholesaler of fireworks for the particular location.

(B) No person shall operate as a wholesaler of fireworks at a particular location in this state after its license as a wholesaler of fireworks for the particular location has expired, been denied renewal, or been revoked, unless a new license has been obtained.

(C) No licensed wholesaler of fireworks, during the effective period of its licensure, shall perform any construction, or make any structural change or renovation, on the premises on which the fireworks are sold without first obtaining a written authorization from the fire marshal pursuant to division (B) of section 3743.17 of the Revised Code.

(D) No licensed wholesaler of fireworks shall possess fireworks for sale at wholesale or retail, or sell fireworks at wholesale or retail, in a manner not authorized by division (C) of section 3743.17 of the Revised Code.

(E) No licensed wholesaler of fireworks shall knowingly fail to comply with the rules adopted by the fire marshal pursuant to section 3743.18 or the requirements of section 3743.19 of the Revised Code.

(F) No licensed wholesaler of fireworks shall fail to maintain complete inventory, wholesale sale, and retail records as required by section 3743.20 of the Revised Code, or to permit inspection of these records or the premises of the wholesaler pursuant to section 3743.21 of the Revised Code.

(G) No licensed wholesaler of fireworks shall fail to comply with an order of the fire marshal issued pursuant to division (B)(1) of section 3743.21 of the Revised Code, within the specified period of time.

(H) No licensed wholesaler of fireworks shall fail to comply with an order of the fire marshal issued pursuant to division (B)(2) of section 3743.21 of the Revised Code until the nonconformities are eliminated, corrected, or otherwise remedied or the seventy-two hour period specified in that division has expired, whichever first occurs.

(I) No person shall smoke or shall carry a pipe, cigarette, or cigar, or a match, lighter, other flame-producing item, or open flame on, or shall carry a concealed source of ignition into, the premises of a wholesaler of fireworks, except as smoking is authorized in specified lunchrooms or restrooms by a wholesaler pursuant to division (D) of section 3743.19 of the Revised Code.

(J) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance, while on the premises of a wholesaler of fireworks.

3743.63 Purchaser restrictions.

(A) No person who resides in another state and purchases fireworks in this state shall obtain possession of the fireworks in this state unless the person complies with section 3743.44 of the Revised Code, provided that knowingly making a false statement on the fireworks purchaser form is not a violation of this section but is a violation of section 2921.13 of the Revised Code.

(B) No person who resides in another state and who purchases fireworks in this state shall obtain possession of fireworks in this state other than from a licensed manufacturer or wholesaler, or fail, when transporting the fireworks, to transport them directly out of this state within seventy-two hours after the time of their purchase. No such person shall give or sell to any other person in this state fireworks that the person has acquired in this state.

(C) No person who resides in this state and purchases fireworks in this state shall obtain possession of the fireworks in this state unless the person complies with section 3743.45 of the Revised Code, provided that knowingly making a false statement on the fireworks purchaser form is not a violation of this section but is a violation of section 2921.13 of the Revised Code.

(D) No person who resides in this state and who purchases fireworks in this state under section 3743.45 of the Revised Code shall obtain possession of fireworks in this state other than from a licensed manufacturer or licensed wholesaler, or fail, when transporting the fireworks, to transport them directly out of this state within forty-eight hours after the time of their purchase. No such person shall give or sell to any other person in this state fireworks that the person has acquired in this state.

3743.65 Possession, sale and use restrictions.

(A) No person shall possess fireworks in this state or shall possess for sale or sell fireworks in this state, except a licensed manufacturer of fireworks as authorized by sections 3743.02 to 3743.08 of the Revised Code, a licensed wholesaler of fireworks as authorized by sections 3743.15 to 3743.21 of the Revised Code, a shipping permit holder as authorized by section 3743.40 of the Revised Code, an out-of-state resident as authorized by section 3743.44 of the Revised Code, a resident of this state as authorized by section 3743.45 of the Revised Code, or a licensed exhibitor of fireworks as authorized by sections 3743.50 to 3743.55 of the Revised Code, and except as provided in section 3743.80 of the Revised Code.

(B) Except as provided in section 3743.80 of the Revised Code and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to sections 3743.50 to 3743.55 of the Revised Code, no person shall discharge, ignite, or explode any fireworks in this state.

(C) No person shall use in a theater or public hall, what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulphur.

(D) No person shall sell fireworks of any kind to a person under eighteen years of age. No person under eighteen years of age shall enter a fireworks sales showroom unless that person is accompanied by a parent, legal guardian, or other responsible adult. No person under eighteen years of age shall touch or possess fireworks on a licensed premises without the consent of the licensee. A licensee may eject any person from a licensed premises that is in any way disruptive to the safe operation of the premises.

(E) No person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder, shall possess 1.3 G fireworks in this state.

(F) Except as otherwise provided in division (J) of section 3743.06 and division (K) of section 3743.19 of the Revised Code, no person shall knowingly disable a fire suppression system as defined in section 3781.108 of the Revised Code on the premises of a fireworks plant of a licensed manufacturer of fireworks or on the premises of the business operations of a licensed wholesaler of fireworks.

3743.66 Limiting shipping or transporting.

(A) No person shall transport fireworks in this state except in accordance with rules adopted by the fire marshal pursuant to section 3743.58 of the Revised Code.

(B) As used in this division, “fireworks” includes only 1.3 G and 1.4 G fireworks. No person shall ship fireworks into this state by mail, parcel post, or common carrier unless the person possesses a valid shipping permit issued under section 3743.40 of the Revised Code, and the fireworks are shipped directly to the holder of a license issued under section 3743.03, 3743.16, or 3743.51 of the Revised Code.

No person shall ship fireworks within this state by mail, parcel post, or common carrier unless the fireworks are shipped directly to the holder of a license issued under section 3743.03, 3743.16, or 3743.51 of the Revised Code.

3743.68 Violators.

(A) The fire marshal, an assistant fire marshal, or a certified fire safety inspector may arrest, or may cause the arrest of, any person whom the fire marshal, assistant fire marshal, or certified fire safety inspector finds in the act of violating, or who the fire marshal, assistant fire marshal, or certified fire safety inspector has reasonable cause to believe has violated, sections 3743.60 to 3743.66 of the Revised Code. Any arrest shall be made in accordance with statutory and constitutional provisions governing arrests by law enforcement officers.

(B) If the fire marshal, an assistant fire marshal, or certified fire safety inspector has probable cause to believe that fireworks are being manufactured, sold, possessed, transported, or used in violation of this chapter, the fire marshal, assistant fire marshal, or certified fire safety inspector may seize the fireworks. Any seizure of fireworks shall be made in accordance with statutory and constitutional provisions governing searches and seizures by law enforcement officers. The fire marshal’s or certified fire safety inspector’s office shall impound at the site or safely keep seized fireworks pending the time they are no longer needed as evidence. A sample of the seized fireworks is sufficient for evidentiary purposes. The remainder of the seized fireworks may be disposed of pursuant to an order from a court of competent jurisdiction after notice and a hearing.

Fireworks manufactured, sold, possessed, transported, or used in violation of this chapter shall be forfeited by the violator. The fire marshal’s or certified fire safety inspector’s office shall dispose of seized fireworks pursuant to the procedures specified in sections 2981.11 to 2981.13 of the Revised Code for the disposal of forfeited property by law enforcement agencies, and the fire marshal or that office is not liable for claims for the loss of or damages to the seized fireworks.

(C) This section does not affect the authority of a peace officer, as defined in section 2935.01 of the Revised Code, to make arrests for violations of this chapter or to seize fireworks manufactured, sold, possessed, transported, or used in violation of this chapter.

(D) Any fines imposed for a violation of this chapter relating to the sale, purchase, possession, or discharge of fireworks shall be distributed in the following manner if a municipal corporation, county, or township either filed or enforced the complaint regarding the violation. One-half of the amount of the fine shall be distributed to the municipal corporation, county, or township which filed the complaint regarding the violation and one-half of the amount of the fine shall be distributed to the municipal corporation, county, or township which enforced the complaint. If the same municipal corporation, county, or township both filed the complaint regarding the violation and enforced the complaint, the entire amount of the fine shall be distributed to that municipal corporation, county, or township.

3743.70 No license issued to felon.

The fire marshal shall not issue an initial or a renewal of a license , permit, or registration under this chapter on or after June 30, 1997, if the applicant for the license or permit, or any individual holding, owning, or controlling a five per cent or greater beneficial or equity interest in the applicant for the license or permit, has been convicted of or pleaded guilty to a felony under the laws of this state, another state, or the United States. The fire marshal shall revoke or deny renewal of a license or permit first issued under this chapter on or after June 30, 1997, if the holder of the license or permit, or any individual holding, owning, or controlling a five per cent or greater beneficial or equity interest in the holder of the license or permit, is convicted of or pleads guilty to a felony under the laws of this state, another state, or the United States.

The state fire marshal may adopt rules under Chapter 119 of the Revised Code specifying the method to be used by the applicants subject to this section to provide the fingerprint or similar identifying information, fees to be assessed by the fire marshal to conduct such background checks, and the procedures to be used by the state fire marshal to verify compliance with this section. Such rules may include provisions establishing rules for conducting background checks and prohibiting licensure, permitting or registration under this chapter for persons convicted of a felony or similar offense in another country, the frequency that license renewal applicants must update background check information filed by the applicant with previous license applications, provisions describing alternative forms of background check information that may be accepted by the fire marshal to verify compliance with this section, and provisions that permit the state fire marshal to waive the applicability of this section if the applicant produces verified documentation that demonstrates that this state, another state, the United States, or another country has determined that applicant is appropriate for licensure, permitting, or registration under this chapter.

3743.75 Moratorium on licenses.

(A) During the period beginning on June 29, 2001, and ending on December 15, 2015, the state fire marshal shall not do any of the following:

(1) Issue a license as a manufacturer of fireworks under sections 3743.02 and 3743.03 of the Revised Code to a person for a particular fireworks plant unless that person possessed such a license for that fireworks plant immediately prior to June 29, 2001;

(2) Issue a license as a wholesaler of fireworks under sections 3743.15 and 3743.16 of the Revised Code to a person for a particular location unless that person possessed such a license for that location immediately prior to June 29, 2001;

(3) Except as provided in division (B) of this section, approve the geographic transfer of a license as a manufacturer or wholesaler of fireworks issued under this chapter to any location other than a location for which a license was issued under this chapter immediately prior to June 29, 2001.

(B) Division (A)(3) of this section does not apply to a transfer that the state fire marshal approves under division (F) of section 3743.17 of the Revised Code.

(C) Notwithstanding section 3743.59 of the Revised Code, the prohibited activities established in divisions (A)(1) and (2) of this section, geographic transfers approved pursuant to division (F) of section 3743.17 of the Revised Code, and storage locations allowed pursuant to division (I) of section 3743.04 of the Revised Code or division (G) of section 3743.17 of the Revised Code are not subject to any variance, waiver, or exclusion.

(D) As used in division (A) of this section:

(1) “Person” includes any person or entity, in whatever form or name, that acquires possession of a manufacturer or wholesaler of fireworks license issued pursuant to this chapter by transfer of possession of a license, whether that transfer occurs by purchase, assignment, inheritance, bequest, stock transfer, or any other type of transfer, on the condition that the transfer is in accordance with division (D) of section 3743.04 of the Revised Code or division (D) of section 3743.17 of the Revised Code and is approved by the fire marshal.

(2) “Particular location” includes a licensed premises and, regardless of when approved, any storage location approved in accordance with section 3743.04 or 3743.17 of the Revised Code.

(3) “Such a license” includes a wholesaler of fireworks license that was issued in place of a manufacturer of fireworks license that existed prior to June 29, 2001, and was requested to be canceled by the license holder pursuant to division (D) of section 3743.03 of the Revised Code.

3743.80 Exemptions.

This chapter does not prohibit or apply to the following:

(A) The manufacture, sale, possession, transportation, storage, or use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation, or highway use;

(B) The manufacture, sale, possession, transportation, storage, or use of fusees, torpedoes, or other signals necessary for the safe operation of railroads;

(C) The manufacture, sale, possession, transportation, storage, or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals or for ceremonial purposes;

(D) The manufacture for, the transportation, storage, possession, or use by, or sale to the armed forces of the United States and the militia of this state of pyrotechnic devices;

(E) The manufacture, sale, possession, transportation, storage, or use of toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage, or use of those caps;

(F) The manufacture, sale, possession, transportation, storage, or use of novelties and trick noisemakers, auto burglar alarms, or model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models;

(G) The manufacture, sale, possession, transportation, storage, or use of wire sparklers.

(H) The conduct of radio-controlled special effect exhibitions that use an explosive black powder charge of not more than one-quarter pound per charge, and that are not connected in any manner to propellant charges, provided that the exhibition complies with all of following:

(1) No explosive aerial display is conducted in the exhibition;

(2) The exhibition is separated from spectators by not less than two hundred feet;

(3) The person conducting the exhibition complies with regulations of the bureau of alcohol, tobacco, and firearms of the United States department of the treasury and the United States department of transportation with respect to the storage and transport of the explosive black powder used in the exhibition.

3743.99 Penalty.

(A) Whoever violates division (A) or (B) of section 3743.60 or division (H) of section 3743.64 of the Revised Code is guilty of a felony of the third degree.

(B) Whoever violates division (C) or (D) of section 3743.60, division (A), (B), (C), or (D) of section 3743.61, or division (A) or (B) of section 3743.64 of the Revised Code is guilty of a felony of the fourth degree.

(C) Whoever violates division (E), (F), (G), (H), (I), or (J) of section 3743.60, division (E), (F), (G), (H), (I), or (J) of section 3743.61, section 3743.63, division (D), (E), (F), or (G) of section 3743.64, division (A), (B), (C), (D), or (E) of section 3743.65, or section 3743.66 of the Revised Code is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (I) of section 3743.60 or 3743.61 of the Revised Code, a violation of either of these divisions is a felony of the fifth degree.

(D) Whoever violates division (C) of section 3743.64 of the Revised Code is guilty of a misdemeanor of the first degree. In addition to any other penalties that may be imposed on a licensed exhibitor of fireworks under this division and unless the third sentence of this division applies, the person’s license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be suspended, and the person is ineligible to apply for either type of license, for a period of five years. If the violation of division (C) of section 3743.64 of the Revised Code results in serious physical harm to persons or serious physical harm to property, the person’s license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be revoked, and that person is ineligible to apply for a license as or to be licensed as an exhibitor of fireworks or as an assistant exhibitor of fireworks in this state.

(E) Whoever violates division (F) of section 3743.65 of the Revised Code is guilty of a felony of the fifth degree.

68-1621. Purpose and intent of act.

The purpose and intent of this act is to establish orderly sales, use and storage of fireworks, to specify conditions of sales and licensing provisions, to prohibit certain fireworks, to provide for seizure and disposition of illegal fireworks and to establish penalties for violations.

68-1622. Definitions.

As used in Section 1621 et seq. of this title:

1. “Fireworks” means any composition or device for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and which are further described as Consumer Fireworks 1.4G, Display Fireworks 1.3G, Articles, Pyrotechnic 1.4G or 1.4S as defined by the United States Department of Transportation (DOT) Title 49, CFR. The term “consumer fireworks” shall not include toy cap pistols and caps, blank cartridges, railroad flares and model rockets or any novelty. This provision shall not impose labeling requirements for any fireworks or novelties other than those required under federal law;

2. “Consumer Fireworks” means any devices suitable for use by the public that conform with the requirements of the United States Consumer Products Safety Commission (CPSC) and are designed primarily to produce visible effects by combustion, and some small devices designed to produce an audible effect;

3. “Display Fireworks” means fireworks devices that are primarily intended for commercial displays which are designed to produce visible and/or audible effects by combustion, deflagration or detonation. Display Fireworks include, but are not limited to, salutes containing more than two grains (130mg) of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic compositions and other exhibition display items that exceed the limits for Consumer Fireworks according to the Department of Transportation (DOT);

4. “Manufacturer” means any person engaged in the making or constructing of fireworks;

5. “Novelty” means a device containing small amounts of pyrotechnic and/or explosive composition. Such devices produce limited visible or audible effects. These items must be approved by the United States Department of Transportation (DOT) or have been deregulated by DOT;

6. “Distributor” means any person who sells fireworks and novelties to other distributors, wholesalers or retailers for resale or provides them as part of a pyrotechnic display service in the State of Oklahoma;

7. “Wholesaler” means any person who purchases fireworks and novelties for resale only to retailers and consumers;

8. “Retailer” means any person who purchases fireworks and novelties for resale to consumers only. A retailer who sells fireworks to the consumer buys only an Oklahoma Retail License and may purchase merchandise in or out of the state as long as the retailer buys from a person that has a legal license to do business in the State of Oklahoma; and

9. “Person” means any corporation, association, partnership or one or more individuals.

68-1623. Conditions for storage, transportation, sale, and use.

A. Consumer Fireworks may be legally stored, transported, sold and used in this state with the exceptions and conditions specified under the provisions of Section 1621 et seq. of this title and consistent with Section 22-110 of Title 11 of the Oklahoma Statutes. Novelties may be legally stored, transported, sold and used in this state.

B. All fireworks storage and sales areas shall be conspicuously posted with signs reading “FIREWORKS NO SMOKING”.

C. Fireworks offered for retail sale must be sold according to the National Fire Protection Association (NFPA) 1124 Chapter 7, 2006 Edition. Any facility licensed to sell consumer fireworks prior to November 15, 2009, shall be exempt from the NFPA regulations listed in this subsection but shall remain under the regulation of the date of licensure. Mail order sales to consumers are prohibited through any medium of either interstate or intrastate commerce. Sales of fireworks may only be made at properly licensed retail locations within the State of Oklahoma. A sales clerk must be on duty to serve the consumer at the time of purchase.

D. Fireworks shall not be sold or displayed to the public within any building or portion thereof or any vehicle which allows entry by any persons other than employees within such building or vehicle unless the fireworks are kept where they cannot be reached or handled by those persons. An enclosed building used for sale of fireworks to the public shall be built according to the International Building Code (IBC) 2006 Edition and/or the codes and standards adopted by the State Fire Marshal Commission or the Oklahoma Uniform Building Code Commission. The use of tents or other nonrigid shelters for the sale or storage of fireworks where the public may move about under or within the confines of a shelter is prohibited.

E. The retail license holder shall be responsible for the safe operation of retail sales to the public. The retail license holder shall be at least sixteen (16) years of age.

F. Fireworks may be sold by licensed manufacturers, distributors or wholesalers at wholesale or retail to residents and nonresidents of the state from January 1 until December 31 of each calendar year. Fireworks may only be sold by licensed retailers from June 15 until July 6, and from December 15 until January 2 to residents and nonresidents of the state each calendar year.

68-1624. Certain fireworks prohibited-Labeling of fireworks.

A. From and after July 5, 1981, the sale, gift, distribution or use of skyrockets with sticks as defined by the United States Consumer Product Safety Commission is hereby prohibited within the State of Oklahoma. This prohibition shall include, but is not limited to, explosive devices commonly known as “bottlerockets” or “stickrockets”. Distribution, gift or sale from Oklahoma to a person outside the State of Oklahoma shall not be considered as occurring within the State of Oklahoma.

B. Any and all items of Consumer Fireworks not properly labeled according to the United States Consumer Product Safety Commission and identified with the appropriate United States Department of Transportation markings is prohibited under the provisions of Section 1621 et seq. of this title.

68-1625. License fees.

The following license fees shall be due and payable on or before March 1 of each and every year beginning March 1, 1981, to the Oklahoma Tax Commission except upon passage of this act, for a period of sixty (60) days after passage, any licensed manufacturer, distributor or wholesaler permitted to sell fireworks at wholesale or retail, pursuant to Section 1623 of this title, may apply for a license.

1. A license fee of One Thousand Dollars ($1,000.00) annually shall be charged for the license to do business within this state as a manufacturer. Provided no manufacturer’s license shall be issued without:

a. proof of inspection by the State Fire Marshal pursuant to Section 1633 of this title, and

b. proof of workers’ compensation coverage pursuant to the provisions of Title 85 of the Oklahoma Statutes.

2. A license fee of One Thousand Dollars ($1,000.00) annually shall be charged for the license to do business within this state as a distributor.

3. A license fee of Five Hundred Dollars ($500.00) annually shall be charged for the license to do business within this state as a wholesaler.

4. Any person operating a retail location where fireworks are sold directly to the consumer shall be required to purchase a retail fireworks license. The retail license fee shall be Ten Dollars ($10.00) annually and may be purchased from any licensed wholesaler, manufacturer or distributor. These serially numbered licenses shall be made available at any time to the licensed wholesalers, manufacturers or distributors in books of twenty (20) licenses to a book. Retail licenses which are unsold may be exchanged for new licenses. Any person purchasing a retail fireworks license pursuant to this paragraph shall, at the time of purchasing such license, sign an affidavit attesting to the fact that the name, mailing address and telephone number of the purchaser as it appears on such license is correct and that the purchaser operates a retail location where fireworks are sold directly to the consumer. Said affidavit shall be an integral but easily detachable part of the application form for a retail fireworks license. Any person who signs said affidavit as required by this paragraph when such person knows that it is not true, upon conviction, shall be guilty of the felony of perjury and shall be punished as provided for by law.

68-1625.1. Certain persons to deliver license copies to Tax Commission.

A. Any wholesaler, manufacturer or distributor who sells retail fireworks licenses, pursuant to paragraph (d) of Section 1625 of Title 68 of the Oklahoma Statutes, shall deliver to the Tax Commission on January 31 and July 31 of each calendar year all copies of retail fireworks licenses which such wholesaler, manufacturer or distributor has issued during the preceding six month period.

B. If the license copies are not delivered to the Tax Commission on January 31 and July 31 of each calendar year, an additional penalty of Five Dollars ($5.00) shall accrue for each day thereafter that said license copies are not delivered pursuant to the provisions of this section.

68-1626. Collection and disposition of fees.

All license fees specified in Section 1625 of this title shall be collected by the Oklahoma Tax Commission and shall be paid to the State Treasurer of the State of Oklahoma, to be placed to the credit of the General Revenue Fund of the State Treasury.

68-1627. Necessity for licenses, Unlawful sales, Unlawful discharging.

(a) No person shall knowingly sell, purchase or deliver, or cause to be sold, purchased or delivered, fireworks for resale to any other person who does not possess a valid license under this act. It shall be unlawful for a distributor, wholesaler or retailer,licensed under this act, to purchase fireworks from any person, unless the distributor, wholesaler or retailer determines that the person holds a valid distributor’s, wholesaler’s or manufacturer’s license under this act. All retail sales outlets shall have a current retail license. The license shall be conspicuously posted in the immediate vicinity of the sales operation and shall be immediately available for examination by the public or any enforcement officer. No license provided for herein shall be transferable nor shall any person be permitted to operate under a license granted to another person.

(b) It shall be unlawful to offer for retail sale or to sell any fireworks to children under the age of twelve (12) years, unless accompanied by an adult, or to any intoxicated or irresponsible person.

(c) It shall be unlawful to explode or ignite fireworks within five hundred (500) feet of any church, hospital, asylum, unharvested, flammable agricultural crop, public school or where fireworks are stored, sold or offered for sale. No person shall ignite or discharge any permissible articles of fireworks within or throw the same from a motor vehicle; nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle or at or near any group of people.

68-1628. Violations and penalties, Contraband, Enforcement.

Violation of any provision of this act is a misdemeanor punishable as follows:

(a) Discharging fireworks in violation of this act shall be punishable by a fine not to exceed One Hundred Dollars ($100.00).

(b) Illegal sale, violation of licensing provision, false labeling, or any other violation of this act shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), ninety (90) days’ imprisonment in the county jail, or both. In the event of a second conviction the license shall be revoked for a period of eighteen (18) months. Each violation of this act shall constitute a separate offense. No other person shall be granted a license to operate in the same location during the period of a revoked license.

(c) The State Fire Marshal, his deputies, or any authorized police or peace officer of this state shall seize as contraband any illegal fireworks as defined under the terms of this act. Fireworks seized in the enforcement of this act shall be held in custody of the county sheriff in which county such fireworks were seized. The party surrendering the fireworks, if aggrieved by the action, may file an appeal in writing to the district court in the county where fireworks were seized. Upon hearing the appeal, the district court may authorize the return of part or all of the confiscated fireworks; otherwise, the court shall authorize and direct that such contraband fireworks be destroyed.

(d) The provisions of this act shall be enforced by the State Fire Marshal and local fire marshals, the sheriff, the police or any peace officer licensed or authorized by this state or by their respective deputies.

68-1631. Minimum requirements-Additional regulation by city ordinance.

The provisions of this act shall be construed as imposing minimum requirements and shall not be construed as prohibiting any city or town within the State of Oklahoma from passing such ordinances as may be deemed necessary to properly regulate or prohibit the sale and use of fireworks within its corporate limits.

68-1634. Sales tax on fireworks.

Any sale of fireworks to a consumer by a wholesaler or a retailer shall be subject to the levy and collection of sales tax pursuant to the provisions of the Oklahoma State Tax Code.

480.110 Definitions for Oregon Fireworks Law.

For the purposes of ORS 480.110 to 480.165, which sections may be cited as the Oregon Fireworks Law, and unless otherwise required by the context:

(1) “Fireworks” means any combustible or explosive composition or substance, or any combination of such compositions or substances, or any other article which was prepared for the purpose of providing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges or toy cannons in which explosives are used, balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents or any other article of like construction or any article containing any explosive or inflammable compound, or any tablets or other device containing any explosive substances or inflammable compound; but does not include:

(a) Sparklers, toy pistol paper caps, toy pistols, toy canes, toy guns or other devices in which paper caps containing 0.25 grains or less of explosive compound are used, and when, the rate of burning and the explosive force of the materials in such devices are not greater than an equivalent weight of F.F.F.G. black powder, and when such devices are so constructed that the hand cannot come in contact with the cap when in place for explosion, and the major explosive force is contained or dispelled within the housing or shell of the device, there is no visible flame during discharge, there is no flaming or smoldering of any of the components or parts of the device after discharge, and the device does not produce sufficient heat to readily ignite combustible materials upon which the device may be placed. The sale and use of such devices shall be permitted at all times.

(b) Snakes or similar smoke-producing material containing not more than 100 grains of combustible substances when there is no visible flame during discharge, there is no after smoldering, and the devices do not produce sufficient heat to readily ignite combustible materials upon which the devices may be placed. The sale and use of such devices shall be permitted at all times.

(c) Model rockets and model rocket motors designed for the purpose of propelling recoverable aero models. The sale and use of such devices shall be permitted at all times.

(d) Those items described in ORS 480.127 (4).

(2) “Fire protection district” means any district created under the laws of Oregon or the United States, including rural fire protection districts and any federal, state or private forest patrol areas.

(3) For purposes of this section “sparklers” means materials of a character that will, when ignited, sparkle without throwing or dropping hot residue capable of igniting combustible materials, attached to a wire or other noncombustible central support, with such materials arranged in a cylindrical shape not more than 10 inches in length nor more than one-quarter inch in diameter and which shall not burn more rapidly than one inch in 10 seconds, but not including materials incased within a container of any character. “Explosive substance” or “explosive mixture” as used in this section shall mean any substance so arranged as to burn in less than one second. “Combustible substance” shall mean any substance so arranged as to burn in more than one second.

480.120 Sale, possession and use of fireworks prohibited; exceptions; enforcement.

(1) No person shall sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks within Oregon, except as follows:

(a) Sales by manufacturers and wholesalers to customers residing outside this state in accordance with ORS 480.156;

(b) Sales to persons or organizations having obtained a permit from the State Fire Marshal for supervised public display;

(c) Sales to railroads, boats, motor vehicle or other transportation agencies, to be used for signal, warning or illumination purposes in connection with such business;

(d) Sale or use of blank cartridges for licensed shows or theaters or for signal or ceremonial purposes in athletics or sports;

(e) Experimental purposes by a manufacturer of explosives at such places where such experiments are normally conducted;

(f) Sale of blank cartridges for use by the militia or any organization of war veterans or other organization authorized by law to parade in public a color guard armed with firearms;

(g) Sale of shells, cartridges, gunpowder or explosives for use in legally permitted firearms;

(h) Sales of items described in ORS 480.127 to persons who possess the retail sales permit required by ORS 480.127 by a person who holds a manufacturer or wholesaler license issued pursuant to ORS 480.110 to 480.165; or

(i) Sales of items described in ORS 480.127 to individual members of the general public for personal use by taking direct delivery of those items at the time of sale from the holder of a retail sale permit issued pursuant to ORS 480.127.

(2) Law enforcement officers of the state, county or municipality shall enforce the provisions of ORS 480.110 to 480.165.

480.127 Sale permit for certain items; when required; fee.

(1) Any person who desires to sell cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers or combination items at retail to individual members of the general public for personal use shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale. The State Fire Marshal shall issue the permit only if the State Fire Marshal finds that the applicant is qualified to conduct the proposed sale and that the proposed sale will conform to the provisions of ORS 480.110 to 480.165 and any rules promulgated pursuant thereto. A fee may be charged for the permit. Subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, the amount of the fee shall be set by rule and shall be adjusted subsequently by the State Fire Marshal to finance the administrative expenses incurred under this section and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(2) The permit required by subsection (1) of this section shall not be valid for more than one year from the date of issuance and shall authorize sales only between midnight June 22 and midnight July 6 of any given calendar year.

(3) Notwithstanding any other provision of law, the State Fire Marshal shall not prescribe limitations on the aggregate amount of items described in subsection (4) of this section at a sales facility operated by a person who holds the permit referred to in this section. However, such items shall be stored in accordance with such fire codes as the State Fire Marshal by rule may prescribe to insure safe storage of such materials. In prescribing such rules the State Fire Marshal may consider, among other matters, requirements of the United States Department of Transportation regarding the storage of hazardous materials.

(4) As used in this section:

(a) “Combination item” means a device that contains combinations of two or more of the effects described in paragraphs (b) to (g) of this subsection.

(b) “Cone fountain” means a cardboard or heavy paper cone containing not more than 50 grams of pyrotechnic composition. The effect upon ignition is the same as that of a cylindrical fountain.

(c) “Cylindrical fountain” means a cylindrical tube not more than three-fourths inch (19 mm) inside diameter and containing not more than 75 grams of pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground, a wood or plastic base for placing on the ground or a wood or cardboard handle if intended to be handheld.

(d) “Flitter sparkler” means a narrow paper tube containing not more than 100 grams of pyrotechnic composition that produces colored sparks upon ignition. The paper at one end of the tube is ignited to make the device function.

(e) “Ground spinner” means a small device similar to a wheel in design and effect and containing not more than 60 grams of pyrotechnic composition. When placed on the ground and ignited, a shower of colored sparks is produced by the rapidly spinning device.

(f) “Illuminating torch” means a cylindrical tube containing not more than 100 grams of pyrotechnic composition. This device may be provided with a spike for insertion into the ground, a wood or plastic base for placing on the ground or a wood or cardboard handle if intended to be handheld.

(g) “Wheel” means a pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain not more than six driver units or tubes not exceeding one-half inch (12.5 mm) inside diameter and containing not more than 60 grams of pyrotechnic composition. Upon ignition, the wheel revolves and produces a shower of colored sparks, and sometimes a whistling effect.

480.130 Permit required for sale or public display of fireworks; fee.

(1) All persons, municipalities, associations or organizations or groups of individuals desiring to sell, discharge, fire off, explode or display fireworks for a public display, or to sell items described in ORS 480.127 (4) to persons who possess the permit referred to in ORS 480.127, shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale or date of the display. The State Fire Marshal, upon receipt of such application, shall determine if the proposed sale or display will conform to law and any rules promulgated thereunder. If the State Fire Marshal finds that the applicant is qualified to conduct such sale or display and that the

proposed sale or display is in accordance with the law and all rules, the State Fire Marshal shall issue a permit; otherwise the State Fire Marshal shall refuse to issue it.

(2) The fee for a permit for the public display of fireworks and each permit for sale of fireworks or items described in ORS 480.127 (4) shall be established by rule by the State Fire Marshal, subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, and subsequently shall be adjusted to finance the administrative expenses incurred under this section and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. All fees collected shall be deposited to the credit of the State Fire Marshal Fund.

(3) Sales permits for fireworks or items described in ORS 480.127 (4) shall not be valid for more than one year from date of issue. A public display permit shall not be valid for more than 10 days from date of issuance and shall authorize only one fireworks display during that period.

480.150 Permits for fireworks sales or displays; rules; security.

(1) The State Fire Marshal may adopt reasonable rules for granting permits for supervised public displays or sales of fireworks or items described in ORS 480.127 (4) by municipalities, fair associations, amusement parks, and other persons, organizations or groups of individuals. The governing body of any municipality, or of any county, may require liability insurance, or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other form of indemnity deemed adequate by the municipality, or the county, from any person, in a sum not less than $500, conditioned for payment of all damages which may be caused either to a person or property by reason of the authorized display or sale and arising from any acts of any person or agents, employees or subcontractors of the person. At the time a permit is revoked, the State Fire Marshal or approving authority may include in the revocation order a provision prohibiting the holder of the revoked permit from applying for or obtaining another such permit, for a period not to exceed three years from the revocation date, if the State Fire Marshal or approving authority finds that the circumstances of the permit holder’s failure to comply with applicable sale or display statutes and regulations presented a significant fire hazard or other public safety danger.

(2) The State Fire Marshal or the approving authority of any governmental subdivision may revoke permits for display or sale of fireworks or items described in ORS 480.127 when in the opinion of the State Fire Marshal or the approving authority the sale or display of fireworks or items described in ORS 480.127 (4) is not in compliance with applicable statutes and regulations governing such sale or displays.

(3) Permit fees required by ORS 480.130 shall not be refunded in the event such permits are revoked.

480.152 Publication of advertisement for sale of unlawful fireworks prohibited.

(1) No person shall publish or cause to be published:

(a) Any advertisement for the sale of fireworks the use or possession of which is declared unlawful by ORS 480.110 to 480.165.

(b) Any advertisement for the sale of items described in ORS 480.127 in any county, municipality or fire protection district that by law or ordinance has declared the sale or use of such items is prohibited.

(2) Subsection (1) of this section does not apply to any advertising medium which accepts such advertising in good faith, without knowledge of the violation of law.

480.154 Manufacturer or wholesaler required to maintain records of sale of fireworks; shipments to show permit number; confiscation.

(1) Each manufacturer or wholesaler of fireworks or items described in ORS 480.127 shall keep a record of all sales showing the name and address of the purchaser, the state of destination, license and permit numbers, the state and date of permit issuance and a list of the type and quantity of fireworks or items sold.

(2) All shipments of fireworks or items described in ORS 480.127 coming into this state must show the appropriate permit number of the addressee on the outside of the package. If the permit number is not so shown, such shipment may be confiscated by a law enforcement officer or fire protection enforcement authority having jurisdiction.

480.156 Sale of fireworks to out-of-state resident without valid license or permit prohibited; seller to ascertain license or permit requirements of other states; seller’s records.

(1) It is unlawful for any person to sell fireworks or items described in ORS 480.127, at wholesale to any out-of-state resident who does not possess and present to the seller for inspection at the time of sale a valid license or permit issued in the name of such out-of-state resident, if such license or permit is required to purchase, possess,

transport, store, distribute, sell or otherwise deal with or use fireworks or items described in ORS 480.127, by the laws of such other state.

(2) The burden of ascertaining whether the laws of such other state require a license or permit and whether the purchaser possesses such a valid license or permit shall be entirely on the seller. Each seller shall record, in a manner prescribed by the State Fire Marshal, each sale described in this section. The record shall include the identification of type and quantity of fireworks sold, name of purchaser, state of destination, state issuing license or permit and number or other identifying description and date of issue of license or permit.

480.158 Parents of minor liable for costs incurred in suppressing fires caused by use of fireworks by minor; exception.

(1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by a public fire agency in suppressing fires caused by use of fireworks by such minor child. However, a parent who is not entitled to legal custody of the minor child at the time of the fire shall not be liable for such damages.

(2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $5,000 payable to the same claimant, for one or more acts.

(3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

(4) Nothing in subsections (1) to (3) of this section applies to foster parents.

480.160 Local regulation and effect of state law; local enforcement authority.

(1) Nothing in ORS 480.110 to 480.165, nor in any permit issued thereunder, shall authorize the manufacture, sale, use or discharge of fireworks or items described in ORS 480.127 in any city, county or fire protection district in which such manufacture, sale, use or discharge is otherwise prohibited by law or municipal ordinance; nor shall any city, county or fire protection district authorize the sale or use of any fireworks prohibited by the provisions of ORS 480.110 to 480.165.

(2) For the purposes of enforcing ORS 480.110 to 480.165 in an area exempt under ORS 476.030 (3) within a rural fire protection district, the fire marshal, if there is one, or the fire chief of that rural fire protection district has the same enforcement authority as the State Fire Marshal.

(3) No person shall deliver or cause to be delivered into any county, municipality or rural fire protection district for the purpose of sale to individual members of the general public for personal use any items described in ORS 480.127 if the county, municipality or rural fire protection district by law or ordinance has declared that the sale or use of such items is prohibited.

(4) The manufacture, sale, use or discharge of fireworks or items described in ORS 480.127 may be regulated by the governing body of a rural fire protection district, subject to the following conditions:

(a) The regulation must be by ordinance adopted by the governing body of the district, after public notice and hearing, not later than January 1 of any calendar year in which regulation is to be operative.

(b) The regulation shall not be operative within the boundaries of any city that regulates such matters by city ordinance.

(c) The regulation shall not prohibit the manufacture, sale, use or discharge of fireworks or items referred to in ORS 480.127, the manufacture, sale, use or discharge of which is authorized by ORS 480.110 to 480.165.

(d) The regulation may not limit sales to less than five days per calendar year, and must include the five consecutive day period beginning June 30.

480.165 Civil penalty for fireworks law violations.

(1) In addition to any other penalty provided by law, any person who violates any provision of ORS 480.110 to 480.165, or any rule adopted by the State Fire Marshal pursuant thereto, is subject to a civil penalty imposed by the State Fire Marshal in an amount not to exceed $500 per violation. However, an individual member of the general public who possesses fireworks of a retail value less than $50 is not subject to a civil penalty. Each day a violation continues shall be considered a separate offense.

(2) All moneys recovered pursuant to this section shall be paid into the State Fire Marshal Fund.

(3) Civil penalties under this section shall be imposed as provided in ORS 183.745.

ARTICLE XXIV

FIREWORKS

Section 2401. Definitions.

The following words and phrases when used in this article shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

“APA 87-1.” The American Pyrotechnics Association Standard 87-1: Standard for Construction and

Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition, or any subsequent

edition.

“Consumer fireworks.”

(1) Any combustible or explosive composition or any substance or combination of substances which is

intended to produce visible or audible effects by combustion, is suitable for use by the public, complies with the

construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety

Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the

provisions for “consumer fireworks” as defined in APA 87-1 or any successor standard, the sale, possession and use

of which shall be permitted throughout this Commonwealth.

(2) The term does not include devices as “ground and hand-held sparkling devices,” “novelties” or “toy

caps” in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted at all times

throughout this Commonwealth.

“Display fireworks.” Large fireworks to be used solely by professional pyrotechnicians and designed

primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes, but is

not limited to:

(1) salutes that contain more than two grains or 130 milligrams of explosive materials;

(2) aerial shells containing more than 60 grams of pyrotechnic compositions; and

(3) other display pieces that exceed the limits of explosive materials for classification as consumer

fireworks and are classified as fireworks UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose

and use of hazardous materials table).

“Municipality.” A city, borough, incorporated town or township.

“NFPA 1124.” The National Fire Protection Association Standard 1124, Code for the Manufacture,

Transportation and Storage of Fireworks and Pyrotechnic Articles, 2006 edition, or any subsequent edition.

“Occupied structure.” A structure, vehicle or place adapted for overnight accommodation of persons or for

conducting business whether or not a person is actually present.

“Outdoor storage unit.” A consumer fireworks building, trailer, semitrailer, metal shipping container or

magazine meeting the specifications of NFPA 1124.

“Temporary structure.” A structure, other than a permanent facility with fixed utility connections, which is

in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of

consumer fireworks and related items. The term includes temporary retail sales stands, tents, canopies and

membrane structures meeting the specifications of NFPA 1124. The term shall not include a facility that is not

licensed to sell consumer fireworks under this article.

Section 2402. Permits.

(a) Permissible purposes.–Display fireworks may be possessed and used by a person holding a permit from

a municipality at the display covered by the permit or when used as authorized by a permit for any of the following:

(1) For agricultural purposes in connection with the raising of crops and the protection of crops from bird

and animal damage.

(2) By railroads or other transportation agencies for signal purposes or illumination.

(3) In quarrying or for blasting or other industrial use.

(4) In the sale or use of blank cartridges for a show or theater.

(5) For signal or ceremonial purposes in athletics or sports.

(6) By military organizations or organizations composed of veterans of the armed forces of the United

States.

(b) Age limitation.–A display fireworks permit may not be issued to a person under 21 years of age.

(c) Bond.–The governing body of the municipality shall require a bond deemed adequate by it from the

permittee in a sum not less than $50,000 conditioned for the payment of all damages which may be caused to a

person or property by reason of the display and arising from an act of the permittee or an agent, an employee or a

subcontractor of the permittee.

Section 2403. Request for extension.

(a) Authorization.–If, because of unfavorable weather, the display for which a permit has been granted

does not occur at the time authorized by the permit, the person to whom the permit was issued may within 24 hours

apply for a request for extension to the municipality which granted the permit.

(b) Contents of request.–The request for extension shall state under oath that the display was not made,

provide the reason that the display was not made and request a continuance of the permit for a date designated

within the request, which shall be not later than one week after the date originally designated in the permit.

(c) Determination.–Upon receiving the request for extension, the municipality, if it believes that the facts

stated within the request are true, shall extend the provisions of the permit to the date designated within the request,

which shall be not later than one week after the date originally designated in the permit.

(d) Conditions.–The extension of time shall be granted without the payment of an additional fee and

without requiring a bond other than the bond given for the original permit, the provisions of which shall extend to

and cover all damages which may be caused by reason of the display occurring at the extended date and in the same

manner and to the same extent as if the display had occurred at the date originally designated in the permit.

Section 2404. Use of consumer fireworks.

(a) Conditions.–A person who is at least 18 years of age and meets the requirements of this article may

purchase, possess and use consumer fireworks.

(b) Prohibitions.–A person may not intentionally ignite or discharge:

(1) Consumer fireworks on public or private property without the express permission of the owner.

(2) Consumer fireworks or sparkling devices within, or throw consumer fireworks or sparkling devices

from, a motor vehicle or building.

(3) Consumer fireworks or sparkling devices into or at a motor vehicle or building or at another person.

(4) Consumer fireworks or sparkling devices while the person is under the influence of alcohol, a controlled

substance or another drug.

(5) Consumer fireworks within 150 feet of an occupied structure.

Section 2404.1. Use of display fireworks.

No display fireworks shall be ignited within 300 feet of a facility that meets the requirements of section

2407 or 2410.

Section 2405. Agricultural purposes.

(a) Authorization.–The governing body of a municipality may, under reasonable rules and regulations

adopted by it, grant permits for the use of suitable fireworks for agricultural purposes in connection with the raising

of crops and the protection of crops from bird and animal damage.

(b) Duration of permit.–A permit under this section shall remain in effect for the calendar year in which it

was issued.

(c) Conditions.–After a permit under this section has been granted, sales, possession and use of fireworks

of the type and for the purpose mentioned in the permit shall be lawful for that purpose only.

Section 2406. Rules and regulations by municipality.

(a) Authorization.–Permission shall be given by the governing body of a municipality under reasonable

rules and regulations for displays of display fireworks to be held within the municipality.

(b) Conditions.–

(1) Each display shall be:

(i) handled by a competent operator; and

(ii) of a character and so located, discharged or fired as, in the opinion of the chief of the fire

department or other appropriate officer as may be designated by the governing body of the municipality,

after proper inspection, to not be hazardous to property or endanger any person.

(2) After permission is granted under this section, possession and use of display fireworks for display shall

be lawful for that purpose only.

(3) A permit shall be transferable.

Section 2407. Sales locations.

Except as provided in section 2410, consumer fireworks shall be sold only from facilities which are

licensed by the Department of Agriculture and that meet the following criteria:

(1) The facility shall comply with the provisions of the act of November 10, 1999 (P.L.491, No.45), known

as the Pennsylvania Construction Code Act.

(2) The facility shall be a stand-alone permanent structure.

(3) Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be

admitted by appropriately rated fire separation.

(4) The facility shall be located no closer than 250 feet from a facility selling or dispensing gasoline,

propane or other flammable products.

(5) The facility shall be located at least 1,500 feet from another facility licensed to sell consumer fireworks.

(6) The facility shall have a monitored burglar and fire alarm system.

(7) Quarterly fire drills and preplanning meetings shall be conducted as required by the primary fire

department.

Section 2408. Fees, granting of licenses and inspections.

(a) Initial application fees.–

(1) An initial application for a license to sell consumer fireworks shall be submitted to the Department of

Agriculture on forms prescribed and provided by the department with a nonrefundable application fee as follows:

(i) For a facility meeting the requirements of section 2407, the application shall be submitted with

a nonrefundable application fee of $2,500.

(ii) For a facility meeting the requirements of section 2410, the application shall be submitted with

a nonrefundable application fee of $1,000 no later than 60 days prior to the first day of sale.

(2) An application under paragraph (1)(i) or (ii) shall also be accompanied by the appropriate annual

license fee as provided in subsection (b).

(b) Annual license fees.–The annual license fee for a facility licensed to sell consumer fireworks shall be as

follows:

(1) $7,500 for a location up to 10,000 square feet;

(2) $10,000 for a location greater than 10,000 and up to 15,000 square feet;

(3) $20,000 for a location greater than 15,000 square feet; and

(4) $3,000 for a temporary structure.

(c) Time limitations and inspections.–

(1) A facility meeting the requirements of section 2407 shall be inspected by the Department of Agriculture

within 30 days of receipt of a complete application for a license. The Department of Agriculture shall issue or deny a

license within 14 days of completing the inspection.

(2) The Department of Agriculture shall issue or deny a license for a facility meeting the requirements of

section 2410 no later than 10 days prior to the first day of sale. The facility shall be available for inspection by the

Department of Agriculture for compliance with NFPA 1124 at all times during the licensed selling period.

(d) Term of license.–A license issued for the sale of consumer fireworks shall be effective for one year

from the date the license is issued.

(e) License renewal and inspections.–License renewal shall be automatic upon payment of the appropriate

annual license fee under subsection (b), but each facility shall be subject to annual inspections by the Department of

Agriculture and at other times as the department may deem appropriate.

(f) Condition.–No license may be issued to a convicted felon or to an entity in which a convicted felon

owns a percentage of the equity interest.

Section 2409. Conditions for facilities.

A facility licensed by the Department of Agriculture shall be exclusively dedicated to the storage and sale

of consumer fireworks and related items, and the facility shall operate in accordance with the following rules:

(1) There shall be security personnel on the premises for the seven days preceding and including July 4 and

for the three days preceding and including January 2.

(2) No smoking shall be permitted in the facility.

(3) No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be

permitted to be taken into the facility.

(4) No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay

with the adult in the facility.

(5) All facilities shall carry at least $2,000,000 in public and product liability insurance.

(6) A licensee shall provide its employees with documented training in the area of operational safety of a

facility. The licensee shall provide to the Department of Agriculture written documentation that each employee has

received the training.

(7) No display fireworks shall be stored or located at a facility.

(8) No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the

facility, and no liquor, beer or wine shall be permitted in the facility.

(9) Emergency evacuation plans shall be conspicuously posted in appropriate locations within the facility.

Section 2410. Temporary structures.

(a) Conditions.–Notwithstanding section 2407 or any other provision of law, a temporary structure may be

licensed by the Department of Agriculture to sell consumer fireworks if the temporary structure meets all of the

following requirements:

(1) The temporary structure is located no closer than 250 feet from a facility storing, selling or dispensing

gasoline, propane or other flammable products.

(2) An evacuation plan is posted in a conspicuous location for a temporary structure in accordance with

NFPA 1124.

(3) The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a

purchaser may be admitted by appropriately rated fire separation.

(4) The temporary structure complies with NFPA 1124 as it relates to retail sales of consumer fireworks in

temporary structures.

(5) The temporary structure is located one of the following distances from a permanent facility licensed to

sell consumer fireworks under the act of May 15, 1939 (P.L.134, No.65), referred to as the Fireworks Law, at the

time of the effective date of this article:

(i) Prior to January 1, 2023, at least five miles.

(ii) Beginning January 1, 2023, at least two miles.

(6) The temporary structure does not exceed 2,500 square feet.

(7) The temporary structure is secured at all times during which consumer fireworks are displayed within

the structure.

(8) The temporary structure has a minimum of $2,000,000 in public and product liability insurance.

(9) The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year.

(10) Consumer fireworks not on display for retail sale are stored in an outdoor storage unit.

(b) Limitations.–The sale of consumer fireworks from the temporary structure is limited to the following:

(1) Helicopter, Aerial Spinner (APA 87-1, 3.1.2.3).

(2) Roman Candle (APA 87-1, 3.1.2.4).

(3) Mine and shell devices not exceeding 500 grams.

Section 2411. Attorney General.

(a) Registration.–Any business entity which performs, provides or supervises fireworks displays or

exhibitions for profit shall register annually with the Attorney General.

(b) Rules.–The Attorney General shall promulgate rules to implement this section.

Section 2412. Consumer fireworks tax.

(a) Imposition.–In addition to any other tax imposed by law, a tax is imposed on each separate sale at retail

of consumer fireworks, which tax shall be collected by the retailer from the purchaser at the time of sale and shall be

paid over to the Commonwealth as provided in this section. A tax imposed under this subsection on each separate

sale at retail shall be paid to and received by the Department of Revenue and, along with interest and penalties, shall

be deposited into the General Fund.

(b) Rate.–The tax authorized under subsection (a) shall be imposed and collected at the rate of 12% of the

purchase price per item sold. The purchase price shall include State and local sales taxes.

(c) Collection and administration.–The provisions of Part VI of Article II shall apply to the tax authorized

under subsection (a). No additional fee shall be charged for a license or license renewal other than the license or

renewal fee required under section 2408 and the license or renewal fee authorized and imposed under Article II.

Section 2413. Disposition of certain funds.

(a) Transfer.–One-sixth of the tax collected under this article in a fiscal year, not to exceed $2,000,000,

shall be transferred annually for use as follows:

(1) Seventy-five percent of the amount transferred under this subsection shall be used for the purpose of

making grants under 35 Pa.C.S. Ch. 78 Subch. C (relating to Emergency Medical Services Grant Program).

(2) Twenty-five percent of the amount transferred under this subsection shall be deposited into a special

account in the State Treasury designated as the Online Training Educator and Training Reimbursement Account for

the purposes of developing, delivering and sustaining training programs for volunteer firefighters in this

Commonwealth.

(3) The Office of the State Fire Commissioner shall establish guidelines for use of the money deposited

under paragraph (2). By December 31, 2018, and each December 31 thereafter, the Office of the State Fire

Commissioner shall provide a written report detailing the use of the money received from the prior fiscal year to the

chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate, the chairperson

and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate, the

chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of

Representatives and the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(b) Payments.–The transfer required under subsection (a) shall be made by September 15, 2018, and each

September 15 thereafter.

Section 2414. Penalties.

The following shall apply:

(1) A person using consumer fireworks in violation of the provisions of this article commits a summary

offense and, upon conviction, shall be punished by a fine of not more than $100.

(2) A person selling consumer fireworks in violation of the provisions of this act commits a misdemeanor

of the second degree.

(3) A person selling display fireworks in violation of the provisions of this act commits a felony of the third

degree.

(4) A person selling federally illegal explosives such as devices as described in 49 CFR 173.54 (relating to

forbidden explosives) or those devices that have not been tested, approved and labeled by the United States

Department of Transportation, including, but not limited to, those devices commonly referred to as “M-80,” “M-

100,” “blockbuster,” “cherry bomb” or “quarter or half stick” explosive devices, in violation of the provisions of this

act commits a felony of the third degree.

Section 2415. Removal, storage and destruction.

The Pennsylvania State Police, a sheriff or police officer shall take, remove or cause to be removed at the

expense of the owner all stocks of consumer fireworks or display fireworks or combustibles offered or exposed for

sale, stored or held in violation of this article. The owner shall also be responsible for the storage and, if deemed

necessary, the destruction of these fireworks.

Section 2416. Transition.

A person who, on the effective date of this section, holds a license under the act of May 15, 1939 (P.L.134,

No.65), referred to as the Fireworks Law, may continue the activity permitted by the license for a period of 90 days

following the effective date of this section or the date the license expires by the terms of the license, whichever is

sooner. After the expiration of the 90-day period or the license, whichever is sooner, the person must obtain the

license required under this article to continue the permitted activity, if applicable.

11-13-1 Sale, use or possession of fireworks.

(a) No person shall offer for sale at retail or at wholesale, shall possess or have under his or her control, use or explode, or cause to explode for exhibition or amusement, display fireworks or aerial consumer fireworks unless permits are obtained pursuant to this chapter and chapter 23-28.11. Display fireworks are defined in the American pyrotechnic association standard 87-1 (APA 87-1) 2001 Edition section 2.7.2 and are classified as explosives 1.3G by the U.S. department of transportation (U.S. DOT), UN0335. Aerial consumer fireworks are defined in APA 87-1 2001 Edition section 3.1.2. and are classified 1.4G U.S. DOT, UN 0336. Certain fireworks and devices that are exempt from the definitions of display fireworks and aerial consumer fireworks shall include, but are not limited to, the following: ground-based and hand-held sparkling devices (non-aerial fireworks) as defined in APA 87-1 2001 Edition sections 3.1.1 and 3.5, and include the following: fountains, illuminating torches, wheels, ground spinners, flitter sparklers, sparkers; novelties, which are defined in the APA 87-1 2001 Edition section 3.2 and include the following: party poppers, snappers, toy smoke devices, snakes, glow worms, wire sparklers and dipped sticks; paper caps containing not more than twenty-five hundredths (0.025) grains of explosive mixture ammunition to be consumed by weapons used for sporting and hunting purposes, and model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models). The storage, possession, sale, transportation and use of the items in the above reference section that are not included in the definition of display fireworks and aerial consumer fireworks shall be allowed at all times throughout the state for persons at least sixteen (16) years of age. Permits for display fireworks and aerial consumer fireworks for commercial display may be issued in accordance with provisions of the Rhode Island Fire Safety Code, chapters 28.1 – 28.39 of title 23. Fireworks display of display and aerial consumer fireworks by any municipality, fair association, amusement park, or other organization or group of individuals is permitted, on condition that the display shall be made by a competent operator approved by the local fire authority and shall be of such character as in the opinion of the fire authority will not be hazardous to persons or property; and, provided further, that the foregoing shall not apply the use of display and aerial consumer fireworks by common carriers for signal or illumination purposes, the use of blank cartridges in any show or theater, the use of explosives for blasting, the use of display and aerial consumer fireworks as signals in any athletic or sporting event, the use of display and aerial consumer fireworks for ceremonial or military purposes, the sale of fireworks for shipment out of this state, or the sale of fireworks for any use permitted pursuant to this section, provided the person who sells, stores or transports display and aerial consumer fireworks has a permit as required by the Rhode Island Fire Safety Code, chapters 28.1 – 28.39 of title 23.

(b) Any person violating the provisions of this section shall be guilty of a felony and shall be fined not exceeding one thousand dollars ($1,000) for each offense and/or imprisoned for not more than one year for each offense; except that any person using or having in his or her possession without a permit with intent to use display and aerial consumer fireworks with a value of under five hundred dollars ($500) shall be guilty of a misdemeanor and shall upon conviction be fined not exceeding five hundred dollars ($500) for each offense and/or imprisoned for not more than one year for each offense.

11-13-2 Limitation of prosecutions-Fines.

No complaint for a violation of any of the provisions of § 11-13-1 shall be sustained unless it shall be brought within thirty (30) days after the commission of the offense, and all fines for such violation shall enure one-half ( 1/2) to the complainant and one-half ( 1/2) to the state.

11-13-7 Unlawful firecrackers.

Every person who shall sell, expose for sale, possess with intent to sell, use, or explode, or use or explode any firecracker containing any explosive other than gunpowder shall be fined not more than twenty dollars ($20.00).

CODE OF LAWS

TITLE 23. LAW ENFORCEMENT AND PUBLIC SAFETY

CHAPTER 35. FIREWORKS AND EXPLOSIVES

SECTION 23-35-130. Manufacture, storage, transportation or possession of certain fireworks illegal; storage and assembly of public display material; penalty.

(A) It is unlawful to manufacture, store, transport, or possess fireworks containing pyrotechnic composition in excess of two grains, designed to produce a loud and piercing effect, including, but not limited to, fireworks commonly called “ground salutes” or “cherry bombs”, M-80’s, T-N-T salutes, and “bulldog salutes”. A manufacturer shall obtain a permit to store or assemble materials for public fireworks displays. No manufacturer may store public display material in the same building where legal fireworks are offered for sale to retailers.

(B) The provisions of this chapter do not prohibit continuous interstate commerce through this State into another state of any item of fireworks permitted for shipment by the regulations of the Interstate Commerce Commission or the United States Department of Transportation, or their successors. It is unlawful to ship into or through this State or possess, sell, or use, under any circumstances, any article of fireworks that is forbidden for transportation by regulations of the Interstate Commerce Commission, the United States Department of Transportation, or their successors.

(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than two years, or both.

SECTION 23-35-150. Penalties.

Any person violating any provisions of this chapter or regulations promulgated by the State Fire Marshal or the State Board of Pyrotechnic Safety, unless otherwise specifically provided in this chapter, is guilty of a misdemeanor and, upon conviction, must be punished:

(1) for a first offense, by a fine of not more than two hundred dollars or imprisonment for not more than thirty days;

(2) for a second offense, by a fine of not less than five hundred dollars nor more than twenty-five hundred dollars or imprisonment for not less than sixty days, or both;

(3) for a third offense, by a fine of not less than one thousand dollars or imprisonment of not less than ninety days nor more than one year, or both.

In addition to the above penalties, the license of any wholesaler, jobber, or retailer must be permanently revoked upon conviction for a third offense.

SECTION 23-35-175. Fireworks prohibited zones; Discharge of Fireworks Prohibited Agreements; extension of zones; posting of notice.

(A) As used in this section:

(1) “Fireworks” means ICC Class C Common Fireworks as defined and enumerated Section 23-35-10.

(2) “Fireworks Prohibited Zone” means property designated through the processes in this section as an area in which Fireworks are prohibited from being knowingly and willfully discharged.

(3) “Local governing body” means the governing body of a county or municipality.

(4) “Managing authority” means a governing board of a condominium association.

(5) “Subject property” means the property controlled by the owner, lessee, or managing authority for which a Discharge of Fireworks Prohibited Agreement has been filed.

(B) It is unlawful to knowingly and willfully discharge Fireworks from, in, or into a Fireworks Prohibited Zone. A person who knowingly and willfully discharges Fireworks from, in, or into a Fireworks Prohibited Zone is guilty of a misdemeanor and, upon conviction, must be punished:

(1) for a first offense by a fine of not more than one hundred dollars or imprisonment for not more than thirty days; and

(2) for a second and subsequent offense by a fine of not more than two hundred dollars or imprisonment for not more than thirty days.

(C) An owner, a lessee, or managing authority of real property may establish a Fireworks Prohibited Zone by:

(1) filing a Discharge of Fireworks Prohibited Agreement with the law enforcement agency having jurisdiction over the subject property; and

(2) posting at least two signs or placards in conspicuous locations on the subject property. These signs or placards must be posted to be visible from any street or thoroughfare the subject property abuts and any public land sharing a common boundary with the subject property. The signs or placards must measure not less than twelve inches by twelve inches and bear the following inscription:

“DISCHARGE OF FIREWORKS PROHIBITED VIOLATORS WILL BE PROSECUTED”

In addition to the inscription, the signs or placards must identify the subject property for which the Discharge of Fireworks Prohibited Agreement has been filed and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone as provided in this section.

(D) The Discharge of Fireworks Prohibited Agreement must be in the following form:

DISCHARGE OF Fireworks PROHIBITED AGREEMENT

DATE:

ADDRESS OF SUBJECT PROPERTY:

NAME OF SUBJECT PROPERTY (IF COMMERCIAL):

PROPERTY BOUNDARIES OR LEGAL DESCRIPTION OF SUBJECT PROPERTY:

I, _________, the undersigned, being the owner, lessee, or managing authority of the above described subject property, establish for my period of ownership, occupancy, or authority over the subject property a Fireworks Prohibited Zone for the subject property and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone. By filing this agreement, I request that the applicable law enforcement agency enforce the prohibition of the discharge of Fireworks on said subject property and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone to the fullest extent of the law.

I acknowledge that this Discharge of Fireworks Prohibited Agreement exists only for the time period that I own, lease, or manage the subject property, or until I rescind the agreement, whichever occurs first.

I agree to post two signs or placards measuring not less than twelve inches by twelve inches in conspicuous locations on the subject property. The signs or placards must: (1) identify the subject property and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone, and (2) bear the following inscription:

“DISCHARGE OF FIREWORKS PROHIBITED VIOLATORS WILL BE PROSECUTED”

OWNER, LESSEE, OR MANAGING AUTHORITY

WITNESS

(E)(1) If authorized by a decision of the local governing body as provided in this subsection, an owner, lessee, or managing authority that has filed a Discharge of Fireworks Prohibited Agreement with a local law enforcement agency may extend the Fireworks Prohibited Zone beyond the subject property:

(a) to the low-water mark of all oceanic bodies of water adjoining the subject property;

(b) to the center line of any street or thoroughfare that abuts the subject property; or

(c) onto any public land sharing a common boundary with the subject property for a distance not to exceed five hundred feet.

(2) The owner, lessee, or managing authority must apply for the extension in the office of the local governing body on the following form:

APPLICATION FOR EXTENSION OF Fireworks PROHIBITED ZONE

DATE:

ADDRESS OF SUBJECT PROPERTY:

NAME AND ADDRESS OF APPLICANT:

I,_________, the undersigned, am the owner, lessee, or managing authority of the above described subject property for which a Discharge of Fireworks Prohibited Agreement was filed with the ____________ law enforcement agency on __________. I am attaching with this application a copy of the Discharge of Fireworks Prohibited Agreement.

I have circled the following applicable description of the public property onto which I request the zone to be extended:

(a) to the low-water mark of all oceanic bodies of water adjoining the subject property;

(b) to the center line of any street or thoroughfare that abuts the subject property; or

(c) onto any public land sharing a common boundary with the subject property for a distance not to exceed five hundred feet.

Below I have briefly described the public property onto which this application proposes to extend the Fireworks prohibited zone:

If authorized by a decision of the local governing body to extend the Fireworks Prohibited Zone, I agree to identify the subject property and extended public property included in the Fireworks Prohibited Zone on two signs or placards measuring not less than twelve inches by twelve inches posted in conspicuous locations on the subject property.

OWNER, LESSEE, OR MANAGING AUTHORITY

WITNESS

(3) A local governing body may provide by ordinance for additional information to be included in the application. The local governing body must not require a fee for this application.

(4) In considering whether a Fireworks Prohibited Zone may be extended onto public property as provided in item (1), the local governing body must:

(a) schedule a public hearing within a reasonable time from which the application is made;

(b) give fifteen days’ public notice of the hearing in a newspaper of general circulation in the community; and

(c) receive testimony from interested persons, their agents, or their attorneys at the public hearing.

(5) No later than five calendar days following the public hearing, the local governing body must issue a written decision, including all findings of fact and rationales upon which the determination is made, concerning whether the Fireworks Prohibited Zone is to be extended. If the local governing body authorizes the extension of a Fireworks Prohibited Zone, the local governing body’s decision must be filed by the owner, lessee, or managing authority with the Discharge of Fireworks Prohibited Agreement for the subject property at the local law enforcement agency.

(F) A local governing body or local law enforcement agency is authorized to post appropriate signs or placards indicating the location of Fireworks Prohibited Zones in areas where contiguous properties have filed a Discharge of Fireworks Prohibited Agreement.

(G) A person may be prosecuted pursuant to the provisions of this section only if the subject property of the Fireworks Prohibited Zone is posted as required by this section.

(H) Unless restricted or prohibited by a lease or contract, a lessee may establish a Fireworks Prohibited Zone and apply for an extension of the zone onto public property as provided in this section during the time of the lease.

(I) A Discharge of Fireworks Prohibited Agreement exists only:

(1) during the ownership, lease, or authority of the person filing the agreement; or

(2) until the owner, lessee, or managing authority rescinds the agreement by withdrawing the documentation filed with the local law enforcement agency. If the subject property is no longer established as a Fireworks Prohibited Zone, any extension by a local governing body of the Fireworks Prohibited Zone to public property is unenforceable.

(J) The provisions of this section do not apply to a professional Fireworks display show or demonstration that has been permitted or licensed to operate by the local governing body or has been authorized to operate as provided by law.

(K) Nothing in this section is designed to abrogate any civil remedies available under statutory or common law.

CODE OF LAWS

TITLE 40. PROFESSIONS AND OCCUPATIONS

CHAPTER 56. STATE BOARD OF PYROTECHNIC SAFETY

SECTION 40-56-1. Policy and purpose.

It is the policy of this State, and the purpose of this chapter, to promote the safety of the public and the environment by effective regulation of pyrotechnics. Public safety requires that persons who handle pyrotechnics have demonstrated their qualifications, that they adhere to reliable safety standards, and that the sites where pyrotechnics are manufactured, stored, and sold adhere to reliable safety standards. It is neither the policy of this State nor the purpose of this chapter to place undue restrictions upon entry into the business of handling pyrotechnics.

SECTION 40-56-5. Applicability.

Unless otherwise provided for in this chapter, Chapter 1, Title 40 applies to the Board of Pyrotechnic Safety and licensees regulated under this chapter. If there is a conflict between this chapter and Chapter 1, the provisions of this chapter control.

SECTION 40-56-10. State Board of Pyrotechnic Safety.

(A) The State Board of Pyrotechnic Safety is composed of seven members appointed by the Governor. One appointee must be employed by a local fire authority, one must be a pyrotechnics retailer, one must be a pyrotechnics wholesaler, one must be a law enforcement representative, and three must be members of the public who shall not possess any pecuniary interest in any entity engaged in a business directly involving the sale of pyrotechnics. A seat on the board that remains vacant for sixty days must be filled through an appointment by the Chairman of the House Labor, Commerce and Industry Committee, and the Chairman of the Senate Labor, Commerce and Industry Committee.

(B) The terms of office for members are for four years and until their successors are appointed and qualified. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

(C) The board shall meet at least annually and not more than once per month. All meetings must be scheduled at the call of the chairman. The board shall elect from its members a chairman, vice chairman, and other officers as it considers necessary to serve for terms of one year and until their successors are elected and qualified. All members shall receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions for days on which they are transacting official business, to be paid by the board.

(D) The department’s Office of State Fire Marshal shall provide administrative support as required by the board to perform its prescribed functions. The State Fire Marshal is an official consultant and is authorized to attend all meetings.

SECTION 40-56-20. Definitions.

As used in this chapter:

(1) “APA” means the American Pyrotechnics Association.

(2) “Board” means the State Board of Pyrotechnic Safety.

(3) “Consumer Fireworks” means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, Code of Federal Regulations, parts 1500 and 1507 and APA Standard 87-1. Some small devices designed to produce audible effects are consumer Fireworks, including, but not limited to, whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials. Consumer Fireworks are classified as Fireworks UN0336, and UN0337 by the U.S. Department of Transportation at 49 C.F.R. 172.101. This term does not include fused setpieces containing components which together exceed 50 mg of salute powder. Consumer Fireworks are further defined as those classified by the U.S. Department of Transportation hazard classification 1.4G. These Fireworks were formerly known as “Class C Fireworks”.

(4) “CPSC” means the U.S. Consumer Product Safety Commission.

(5) “Department” means the Department of Labor, Licensing and Regulation.

(6) “Display Fireworks” means large Fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer Fireworks”.

Display Fireworks are classified as Fireworks UN0333, UN0334, or UN0335 by the U.S. Department of Transportation at 49 C.F. R. 172.101. This term also includes fused setpieces containing components which together exceed 50 mg of salute powder. Display Fireworks are further defined as those classified by the U.S. Department of Transportation as hazard classification 1.3G. These Fireworks were formerly known as “Class B Fireworks”.

(7) “DOT” means the U.S. Department of Transportation.

(8) “Fireworks” means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “consumer Fireworks” or “display Fireworks” as defined by this section.

(9) “Licensee” means a person, firm, or entity that has been issued a license by the board under the provisions of this chapter to manufacture, sell, or store Fireworks.

(10) “NFPA” means National Fire Protection Association.

(11) “Pyrotechnics” means any composition or device designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or detonation.

(12) “Small bottle rocket” is a consumer firework with a motor less than one-half inch in diameter and three inches in length, a stabilizing stick less than fifteen inches in length, and a total pyrotechnic composition not exceeding 20 grams in weight.

SECTION 40-56-30. Noncompliance with chapter unlawful.

It is unlawful for a person to engage in the manufacturing, storage, or sale of pyrotechnics unless in compliance with this chapter.

SECTION 40-56-35. License required for manufacture, sale, or storage of Fireworks; exceptions.

(A) Except as otherwise provided for in this section, a person, firm, or entity that manufactures, sells, or stores Fireworks shall obtain a license issued by the board pursuant to this chapter. General license requirements are as follows:

(1) A license may not be issued to anyone under the age of eighteen.

(2) An application for licensure must be submitted on forms prescribed by the board accompanied by applicable fees.

(3) A license is required for each physical address or site at which Fireworks are manufactured, sold, or stored.

(4) A copy of the appropriate license issued by the South Carolina Department of Revenue for retail sales of Fireworks must accompany each application for a retail Fireworks sales license.

(5) Initial license applications and applications for license renewal may be approved only after an authorized agent of the board inspects the buildings and facilities where Fireworks are to be manufactured, sold, or stored for compliance with the current codes and standards.

(6) All licenses and permits only may be issued for one calendar year.

(7) Licenses must be prominently displayed at the licensee’s place of business approved for the manufacture, sale, or storage of Fireworks.

(8) Licenses issued by the board are nontransferable.

(B) A license is not required for the:

(1) manufacture, sale, storage, transportation, handling, or a combination of these, including, but not limited to, railroad torpedoes, automotive, aeronautical, and marine flares and smoke signals;

(2) transportation, storage, handling, or use of Fireworks, or a combination of these, by the Armed Forces of the United States;

(3) transportation, handling, or use of Fireworks, or a combination of these, by the State Fire Marshal, his employees, or a commissioned law enforcement officer acting within his official capacity; or

(4) Fireworks deregulated by the U.S. Department of Transportation.

SECTION 40-56-50. Administrative support.

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspection, clerical, secretarial, and license renewal operations and activities of the board pursuant to Chapter 1.

SECTION 40-56-70. Duties of board.

(A) It is the duty and responsibility of the board to promulgate, pursuant to the Administrative Procedures Act, regulations relating to pyrotechnics in this State, including the manufacture, sale, storage, and fire safety of these products. These regulations must be adjusted using the procedures in Chapter 34, Title 1.

(B) The board may conduct hearings on alleged violations by licensees of this chapter or regulations promulgated pursuant to this chapter and may discipline these licensees.

(C) The board also shall recommend to the General Assembly legislation it considers necessary for the safety and control of the sale of pyrotechnics.

SECTION 40-56-80. Investigations; inspections; confiscation of illegal Fireworks; board may compel attendance of witnesses.

(A) The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Chapter 1.

(B) During reasonable business hours, the department or its authorized agent may enter the premises or vehicle of a person engaged in the manufacture, sale, or storage of pyrotechnics to inspect, investigate, or examine the property or installation it considers necessary. When an emergency exists, as declared by the department, the inspector may enter the premises of a person and take necessary action for public safety including, but not limited to, the evacuation of the area where the emergency exists.

(C) A fire chief and his inspector, a sheriff and his deputy, a chief of police and his officer, and an agent of SLED may inspect a building, facility, or vehicle where Fireworks may be manufactured, stored, or sold and records of manufacturing, storage, sales, and purchases that must be maintained.

(D) An official named in this section who has the authority to inspect may confiscate illegal Fireworks being manufactured, offered for sale, stored, or possessed.

(E) The board may compel the attendance of witnesses to testify in relation to a matter within its jurisdiction.

SECTION 40-56-100. Issuance of cease and desist order, or petition for temporary restraining order or other equitable relief.

In addition to other remedies provided for in this chapter, the board pursuant to Chapter 1 may issue a cease and desist order or may petition the Administrative Law Court for a temporary restraining order or other equitable relief to enjoin a violation of this chapter or a regulation promulgated pursuant to this chapter.

SECTION 40-56-115. Jurisdiction of board.

The board has jurisdiction over the actions of licensees and former licensees as provided for in Chapter 1.

SECTION 40-56-120. Discipline.

(A) Upon a determination by the board that grounds for discipline exist, the board is authorized to:

(1) issue a public reprimand;

(2) impose a civil penalty not to exceed two thousand five hundred dollars;

(3) place a licensee on probation or restrict or suspend a license for a definite or indefinite time period and prescribe conditions to be met during this period including, but not limited to, satisfactory completion of additional education, or a supervisory period; or

(4) revoke the license.

(B) The board may take disciplinary action against a person for:

(1) the grounds stated in Chapter 1; or

(2) a condition found as a result of an inspection, examination, or investigation provided for in Section 40-56-80 that is hazardous to public safety.

SECTION 40-56-130. License denial based on same grounds for discipline.

The board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

SECTION 40-56-140. License denial based on prior criminal record.

A license may be denied based on a person’s prior criminal record only as provided for in Chapter 1.

SECTION 40-56-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated pursuant to this chapter may voluntarily surrender the license pursuant to Chapter 1.

SECTION 40-56-160. Review of board decision.

A person aggrieved by a final action of the board may seek review of the decision pursuant to Chapter 1.

SECTION 40-56-170. Payment of investigation and prosecutions costs.

A person found in violation of this chapter or a regulation promulgated pursuant this chapter may be required to pay costs associated with the investigation and prosecution of the case pursuant to Chapter 1.

SECTION 40-56-180. Payment of costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with, and are subject to, the collection and enforcement provisions of Chapter 1.

SECTION 40-56-190. Confidentiality of investigations and proceedings.

Investigations and proceedings conducted under the provisions of this chapter are confidential, and all communications are privileged as provided for in Chapter 1.

SECTION 40-56-200. Penalties; fire codes and regulations adopted by State Fire Marshal.

(A) A person required by this chapter to obtain a license to do business in this State, who has not obtained a license or who operates while his license is suspended or revoked or who violates a provision of this chapter or a regulation promulgated pursuant to this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than two thousand dollars or imprisoned for not less than ninety days and not more than one year.

(B) This chapter does not repeal, amend, or otherwise affect fire codes and regulations adopted by the State Fire Marshal.

SECTION 40-56-210. Civil penalties and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief as provided for in Chapter 1.

SECTION 40-56-220. Facilities must comply with regulations; consumer Fireworks must comply with federal standards; small bottle rocket sale and use not legal; no sale of Fireworks to anyone under sixteen.

(A) All facilities for the manufacturing, sales, or storage of Fireworks must comply with regulations established by the board.

(B) All consumer Fireworks must comply with standards set by the U.S. Department of Transportation and the CPSC for consumer Fireworks. The board may request Fireworks be tested by a CPSC certified testing group to see that these standards are met.

(C) Retail sale and use of small bottle rockets are not legal within South Carolina.

(D) Fireworks may not be sold to anyone under the age of sixteen.

SECTION 40-56-230. Insurance.

(A) An application for a retail Fireworks sales license must be accompanied by evidence that the applicant holds a policy that:

(1) provides public liability insurance coverage for retail sales activities at the location for the permitted sale period;

(2) is issued by an insurance company authorized to do business in this State; and

(3) provides coverage in the following minimum amounts:

(a) one million dollars for injuries or damage to any one person in one accident or occurrence;

(b) one million dollars for injuries to two or more persons in any accident or occurrence; and

(c) one million dollars combined single-limit coverage for any one accident or occurrence.

(B) A policy, except those policies issued for fewer than ninety days’ use for seasonal permits, by its original term or an endorsement, must obligate the insurer to not cancel, suspend, or nonrenew the policy without thirty days’ written notice of the proposed cancellation, suspension, or nonrenewal being given to the board. The insured immediately shall give notice to the board if liability insurance is canceled, suspended, or nonrenewed.

SECTION 40-56-240. Wholesale licenses; display Fireworks.

(A) A person may not store display Fireworks in this State unless the person has obtained a wholesale license from the board.

(B) Only licensed wholesalers shall sell or provide Fireworks for displays.

(C) All buildings and structures used to store display Fireworks must meet regulations established by the board.

(D) These license holders also must comply with U.S. Bureau of Alcohol, Tobacco, and Firearms regulations.

SECTION 40-56-250. Orders of board to remove or correct hazardous condition; administrative citations and administrative penalties.

(A) If the board or its designee finds a condition as a result of an inspection, that is hazardous to the public safety or a violation of this chapter or regulations promulgated pursuant to this chapter, the board shall issue an order in writing to remove or correct the condition. If a person fails to comply with the terms of the order, the board may issue administrative citations and may assess administrative penalties against any licensee.

(B) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.

(C) Administrative penalties assessed pursuant to this section may not exceed two thousand five hundred dollars for each violation.

(D) An entity or individual assessed administrative penalties by citation under this section may appeal the citation to the Board of Pyrotechnic Safety within fifteen days of receipt of the citation. The appeal must be filed in writing. If an appeal is filed, the board shall schedule a hearing, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order, and the administrative penalties must be paid within thirty days of receipt of the citation.

SECTION 40-56-260. Report to board of any fire or explosion.

An owner, manager, or operator of any location regulated by this chapter shall report to the board within twenty-four hours of any fire or explosion of which the person has knowledge, with as complete detail as possible, together with evidence as he has obtained after investigation of the fire or explosion. No reports filed pursuant to this section may be disclosed unless disclosure is in compliance with the requirements of Chapter 4, Title 30 of the 1976 Code.

SECTION 40-56-270. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter, which can be given effect without the invalid provisions, or application, and to this end the provisions of this chapter are severable.

CODE OF REGULATIONS

CHAPTER 71. DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR

ARTICLE 7 PYROTECHNIC SAFETY

71-7405. Pyrotechnic Safety.

71-7405.1. General.

A. The purpose of this regulation is to provide reasonable safety and protection to the public, public property, private property, and licensees from the manufacture, storage, sale and possession of Fireworks in South Carolina.

B. This regulation shall apply to:

1. The manufacture, sale, storage, and possession of Fireworks.

2. The licensing of persons or entities manufacturing, selling or storing Fireworks.

C. This regulation shall not apply to:

1. The handling, use, and transportation of pyrotechnics and Fireworks regulated by the Office of State Fire Marshal pursuant to SCRR 71-8300, et seq..

2. The transportation, handling, and/or use of Fireworks by the State Fire Marshal, his employees, or any commissioned law enforcement officers acting within their official capacities.

3. Fireworks when regulated by the U.S. Department of Transportation.

4. Weapons used in enactments, when there is no projectile.

5. The outdoor use of model rockets within the scope of NFPA 1122.

D. Definitions

1. “Board” means The State Board of Pyrotechnic Safety.

2. “Consumer Fireworks” means any small device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials. Consumer Fireworks are classified as Fireworks UN0336, and UN0337 by the U.S. Department of Transportation at 49 CFR 172.101. This term does not include fused set pieces containing components, which together exceed 50 mg of salute powder. Consumer Fireworks are further defined as those classified by the U.S. Department of Transportation hazard classification 1.4G. These Fireworks were formerly known as “Class C Fireworks.”

3. “Department” means The South Carolina Department of Labor, Licensing and Regulation.

4. “Display Fireworks” means large Fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes, but is not limited to, salutes containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “Consumer Fireworks.” Display Fireworks are classified as Fireworks UN0333, UN0334, or UN0335 by the U.S. Department of Transportation at 49 CFR 172.101. This term also includes fused set pieces containing components, which together exceed 50 mg of salute powder. Display Fireworks are further defined as those classified by the U.S. Department of Transportation as hazard classification 1.3G. These Fireworks were formerly known as “Class B Fireworks.”

5. “Fireworks” means any composition or device designed to produce a visible or an audible effect by combustion, deflagration or detonation, and which meets the definition of “consumer Fireworks” or “display Fireworks” as defined by this section.

6. “Jobber” means a person or entity that only purchases consumer Fireworks from a wholesale distributor licensed to do business in South Carolina and only sells consumer Fireworks to retailers licensed to do business in South Carolina.

7. “Manufacturer” means a person or entity licensed to manufacture consumer or display Fireworks in South Carolina.

8. “NFPA” means the National Fire Protection Association.

9. “Pyrotechnics” means any composition or device designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or detonation.

10. “Retailer” means a person or entity that only purchases consumer Fireworks from a wholesale distributor or jobber licensed to do business in South Carolina and only sells consumer Fireworks to the general public.

11. “Temporary Retail Permit” is a Retail Permit valid for up to ninety (90) days.

12. “Wholesale Distributor” means a person or entity that may buy foreign or domestic Fireworks, store Fireworks, supply or sell Fireworks to any person or entity holding the proper South Carolina license.

71-7405.2. Codes and Standards.

A. The requirements of NFPA 1124, 2006 Edition, including Annex A, B, C, and D, shall constitute the minimum standards for manufacture, storage, and retail sales of all Fireworks and pyrotechnic articles used in South Carolina, except as modified by these regulations.

71-7405.3. Licensing and Permitting Fees.

A. All fees are due at time of application for licenses or permitting.

B. License or permit applications without inspections reports are due in the Department fifteen (15) business days before the start of operations. Applications submitted less than fifteen (15) business days before the start of operations will be subject to a $200 special processing fee.

C. License or permit applications, with inspections reports, are due in the Department two (2) business days before the start of operation. Applications submitted less than two (2) business days before the start of operation will be subject to a $200 special processing fee.

D. Fees for licenses and permits are:

1. Manufacturer License $2,000

2. Wholesaler License $1,250

3. Jobber License $500

4. Retailer Permit (per location) $200

5. Temporary Retailer Permit (per location) $100

6. Display Magazine Permit $100

E. When licensing inspections are performed by personnel of the Department, the fees stated are for one permit inspection. Any return inspection resulting from the owner’s failure to comply will be charged at a rate of $75 per hour (including travel time) in addition to the annual fee.

F. Wholesaler License Fees includes up to five (5) Display Magazine Permits.

71-7405.4. Licensing and Permitting Requirements.

A. Licenses are valid for up to one (1) calendar year. Licenses expire August 31 and must be renewed every year.

B. Permits are valid for up to one (1) calendar year. Licenses expire August 31 and must be renewed every year.

C. Temporary Retailer Permits expire when the underlying insurance expires or after ninety (90) days, whichever occurs first.

D. Before a license or permit may be issued, the facility must be inspected following the procedures set forth by the Board.

E. All facilities must be inspected by a county, city or state inspector on a form approved by the Board before the issuance of the license.

71-7405.5. Supplemental Provisions for Sale of Pyrotechnics.

A. Each temporary structure shall be located in such a manner as to make it immobile and to prevent it from shifting or blowing over. Tie down devices may be affixed to prevent shifting or blowing over, and wheels shall be removed.

B. These general provisions do not exempt retail Fireworks establishments from other rules and regulations where applicable.

C. The operator’s, salesman’s or handler’s conduct or condition shall be as such as not to imperil the public safety.

D. The operator, salesman, or handler at a location selling retail Fireworks shall be capable of reading, writing, speaking and understanding the English language at a level sufficient to read and explain all notices applicable to Fireworks.

E. No person under the age of sixteen (16) shall be sold permissible Fireworks.

F. All disputes arising as a result of these Rules and Regulations shall be referred to the Board.

1. Any party involved in a dispute arising under these Rules and Regulations may within fifteen (15) days of the occurrence giving rise to such dispute petition the Board, in writing via certified or registered mail, for an appearance before the Board. The petition shall plainly and substantially set forth the details of the occurrence, including its time, location and date, and state petitioner’s reasoning for request to appear before the Board.

2. The Board shall, within twenty (20) days of receipt of a written request for appearance, make a determination as to the necessity of the appearance and notify the petitioner, in writing via certified or registered mail, of its decision to grant or deny the appearance, and the reasons therefore.

G. No Fireworks shall be permitted to be sold from vehicles such as vans, buses, automobiles, or any other motor driven vehicle.

H. The Board shall prohibit the retail sale of consumer Fireworks from tents, canopies and membrane structures.

71-7405.6. Wholesale Distributors and Jobbers.

A. All Wholesalers and Jobbers shall store permissible Fireworks in their original packaging and in unopened cases or cartons, so as to take advantage of the insulation provided by such packaging, provided. However, unopened Fireworks packages that have been returned by retailers for repackaging or resale may be temporarily retained in bins.

B. No person under the age of eighteen (18) shall be employed or allowed to participate as a handler of Fireworks.

C. The salesman’s or handler’s conduct or condition of sobriety shall be such as not to imperil the public safety, and this individual shall be capable of reading, speaking and understanding the English language.

D. All disputes arising as a result of these rules and regulations shall be referred to the Board.

CODE OF REGULATIONS

CHAPTER 71. DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR

SUBARTICLE 6 FIREWORKS AND PYROTECHNICS

71-8305. Fireworks and Pyrotechnics.

71-8305.1. General.

A. The purpose of this regulation is to provide reasonable safety and protection to the public, public property, private property, performers, and display operators from the hazards associated with the handling, use, transportation, and storage of pyrotechnics and Fireworks.

B. This regulation shall apply to:

1. The handling and use of Fireworks intended for public Fireworks display;

2. The construction, handling and use of Fireworks equipment intended for public Fireworks display;

3. The general conduct and operation of public firework displays;

4. The transportation and storage of Fireworks for public Fireworks display;

5. The transportation and use of consumer Fireworks;

6. The construction, handling, and use of pyrotechnics intended for proximate audience displays; special effects for motion picture, theatrical, and television productions;

7. The construction, handling, and use of flame effects intended for proximate audience displays, or special effects for motion picture, theatrical, and television productions;

8. The construction, handling, and use of rockets intended for proximate audience displays, or special effects for motion picture, theatrical, and television productions; and

9. The general conduct and operation of proximate audience displays.

C. This regulation shall not apply to:

1. The manufacture, sale, or storage of Fireworks as governed by the SC Department of Labor Licensing and Regulation, State Board of Pyrotechnic Safety;

2. The transportation, handling, and/or use of Fireworks by the State Fire Marshal, his employees, or any commissioned law enforcement officers acting within their official capacities;

3. Fireworks deregulated by the U.S. Department of Transportation;

4. Weapons used in enactments, when there is no projectile;

5. Artillery field pieces used as salutes with no projectile; and

6. The outdoor use of model rockets within the scope of NFPA 1122.

D. Definitions.

1. “AHJ” means Authority Having Jurisdiction, which is the State Fire Marshal, or his agents, or any local fire official covered by 23-9-30.

2. “Consumer Fireworks” means any small device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing fifty (50) mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials. Consumer Fireworks are classified as Fireworks UN0336 and UN0337 by the U.S. Department of Transportation at 49 CFR 172.101. This term does not include fused setpieces containing components which together exceed 50 mg of salute powder. Consumer Fireworks are further defined as those classified by the U.S. Department of Transportation hazard classification 1.4g. These Fireworks were formerly known as “Class C Fireworks.”

3. “Day box” means a portable magazine used for immediate storage of pyrotechnic materials.

4. “Display Fireworks” means large Fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than two (2) grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “Consumer Fireworks.” Display Fireworks are classified as Fireworks UN0333, UN0334, or UN0335 by the U.S. Department of Transportation at 49 CFR 172.101. This term also includes fused setpieces containing components which together exceed fifty (50) mg of salute powder. Display Fireworks are further defined as those classified by the U.S. Department of Transportation as hazard classification 1.3g. These Fireworks were formerly known as “Class B Fireworks.”

5. “Fireworks” means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “consumer Fireworks” or “display Fireworks” as defined by this section.

6. “MSDS(s)” means Material Safety Data Sheet(s).

7. “Motion Picture” means, for the purposes of this item, any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media.

8. “Proximate Audience” means any indoor use of pyrotechnics and the use of pyrotechnics before an audience located closer than the distances allowed by NFPA 1123.

9. “Public Firework Display” means a presentation of Display or Consumer Fireworks for a public gathering.

10. “Pyrotechnics” means any composition or device designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or detonation.

11. “SFM” means State Fire Marshal or his agent.

12. “Theatrical Pyrotechnics” means pyrotechnic devices for professional use in the entertainment industry similar to consumer Fireworks in chemical composition and construction but not intended for consumer use.

71-8305.2. Codes and Standards.

A. All references to ICC Codes found in these regulations refer to the editions adopted in SCRR 71-8300.2. The building code shall define occupancy classifications referenced in these regulations.

B. All references to NFPA standards found in these regulations refer to the editions adopted in SCRR 71-8300.2 and are modified by the following regulations as shown below.

71-8305.3. Licensing and Permitting Fees.

A. All fees are due at time of application for licenses, tests, or permitting.

B. Permit applications are due in the Office of State Fire Marshal fifteen days before the performance date. Fees will be doubled for an application received less than fifteen days before the performance date.

C. The Office of State Fire Marshal is responsible for all administrative activities of the licensing program. The State Fire Marshal shall employ and supervise personnel necessary to effectuate the provisions of this article and shall establish fees sufficient but not excessive to cover expenses, including direct and indirect costs to the State for the operation of this licensing program. Fees may be adjusted not more than once each two years, using the method set out in South Carolina Code 40-1-50(D).

D. Fees shall be established for the following:

1. Application

2. Background Check

3. Testing

4. Licensing

5. Permitting

6. Inspection

7. Renewal

E. All fees are due at time of application for licenses, background checks, testing, permits, inspection or renewal.

F. All fees paid to the Office of State Fire Marshal are nonrefundable.

71-8305.7. Use of Consumer Fireworks in South Carolina.

A. It shall be deemed a violation of these regulations to:

1. Explode or ignite Fireworks within 600 ft. of any Assembly Occupancy, Educational Occupancy, Hazardous Occupancy, Institutional Occupancy, or any facility storing or dispensing flammable liquids, combustible liquids, LP Gas, or other hazardous materials;

2. Explode or ignite Fireworks within 75 ft. of where Fireworks are stored, sold or offered for sale;

3. Ignite, discharge, and/or throw Fireworks from any motor vehicle or to place, ignite, discharge, and/or throw Fireworks into or at any motor vehicle; and

4. Ignite or discharge Fireworks in a wanton or reckless manner to constitute a threat to the personal safety or property of another.

B. The distances in SCRR 71-8305.7 A (1) maybe reduced if the display is permitted with the Office of State Fire Marshal as a Public Fireworks Display or as a Proximate Audience Display.

C. Consumer Fireworks shall not be used for a Public Fireworks Display unless permitted by the Office of State Fire Marshal per the applicable provisions of this regulation and all permit fees are paid.

71-8305.8. Transportation of Fireworks or Pyrotechnics in South Carolina.

A. Vehicles transporting Display Fireworks (pyrotechnics classified as 1.3 explosives) in any quantity and Consumer Fireworks (pyrotechnics classified as 1.4 explosives) in quantities greater than 1000 lbs. shall be in the custody of drivers with a CDL with a HAZMAT endorsement.

B. On both sides, on the front, and on the rear, vehicles transporting Display Fireworks (pyrotechnics classified as 1.3 explosives) in any quantity and Consumer Fireworks (pyrotechnics classified as 1.4 explosives) in quantities greater than 1000 lbs. shall prominently display signs marked “EXPLOSIVES” that conform to the United States Department of Transportation and other federal regulations.

C. The fire and police departments shall be promptly notified when a vehicle transporting pyrotechnics is involved in an accident, break down, or fire. Only in the event of such an emergency shall the transfer of pyrotechnics from one vehicle to another be allowed on highways and then only when qualified supervision is provided.

D. Any vehicle used for the transportation of pyrotechnics covered by item A or B above shall have not less than one approved-type fire extinguisher with a minimum rating of 2A 10 B:C and shall be so located as to be readily available for use.

E. Operators must notify the Office of State Fire Marshal within 24 hours of any fires or thefts involving Fireworks. The operator shall provide the Office of State Fire Marshal with a copy of the report filed with the police department or the incident report from the fire department. Operators must also provide the Office of State Fire Marshal with a copy of ATF Form 5400.5.

34-37-1. Definition of terms.

Terms used in this chapter mean:

(1) “Consumer fireworks” fireworks designed primarily to produce visible effects by combustion, that must comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission (CFR Title 16–Commercial Practices, Part 1507), effective January 1, 1998 and that are enumerated in the American Pyrotechnics Association Inc., Standard 87-1, April, 1993 edition;

(2) “Retailer” includes every person engaged in the business of making sales of fireworks at retail;

(3) “Retail sale” the sale of fireworks to any person not licensed to sell fireworks or for any purpose other than for resale;

(4) “Sale” any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means whatsoever, for a consideration;

(5) “Wholesaler” any person engaged in the business of making sales of fireworks to retailers for resale to consumers.

34-37-2. License required for sale of fireworks-Application-Fee-Duration-Display.

No person may sell, hold for sale, or offer for sale, as wholesaler or retailer any fireworks in this state unless such person has first obtained a license as a wholesaler or retailer. Application for a license as wholesaler or retailer shall be made to the Department of Public Safety on forms to be prescribed by it. Each application shall be accompanied by the required fee, which shall be five hundred dollars for a wholesaler’s license, and twenty-five dollars for a retailer’s license. Each application for a license as a retailer in any year must be received by the department no later than the fifteenth day of June of that year. Any application received after that date shall be denied by the department and returned to the applicant together with any application fee submitted. The license expires on the fourteenth day of June annually and is renewable annually. The license shall at all times be displayed at the place of business of the holder thereof. The funds received under the provisions of this section shall be deposited in the general fund.

34-37-2.1. Minimum age for sale or dispensing of fireworks.

No person under the age of eighteen years shall be licensed under this chapter and no licensee shall employ or permit any individual under the age of eighteen to sell, dispense, or offer for sale, within the State of South Dakota any permissible fireworks enumerated in this chapter.

34-37-2.2. Sixty-six day and fifty-seven day special retail licenses-Copy of law and map provided with sale.

In addition to licenses available in § 34-37-2, two special retail licenses may be obtained for sales to out-of-state residents. The first is a sixty-six day license from the first day of May through the fifth day of July with a required fee of one thousand dollars. The second option is a fifty-seven day license from the sixth day of July through the thirty-first day of August with a required fee of one thousand dollars. The fifty-seven day special retail license also allows the retail sale of fireworks to residents and nonresidents during the period beginning December twenty-eighth and extending through January first, as provided in § 34-37-10. A copy of the South Dakota law which prohibits the discharge of fireworks and a map of the Black Hills Forest Fire Protection District shall be provided with every sale of fireworks under a license granted pursuant to this section, except for sales occurring from the twenty-seventh day of June through the fifth day of July.

34-37-3. Prohibited firecrackers-Manufacture or use as misdemeanor.

Any person who manufactures, uses, or disposes to another, with or without consideration, so as to endanger the safety of others, any consumer fireworks made wholly or in part of dynamite, nitroglycerin, or giant powder, is guilty of a Class 1 misdemeanor.

34-37-4. Possession, sale, or use of unauthorized fireworks unlawful.

Except as provided in § 34-37-12, no person shall possess, sell, offer for sale, bring into this state, or discharge any pyrotechnics commonly known as fireworks, other than permissible fireworks.

34-37-5. Permissible fireworks enumerated and described.

Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 1993 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission (CFR Title 16–Commercial Practices Part 1507), effective January 1, 1998.

34-37-6. Examination of fireworks by department.

Before any additional permissible fireworks not enumerated in § 34-37-5 may be sold, held for sale, or offered for sale in this state, they shall be submitted to the Department of Public Safety for examination to determine their compliance with CFR Title 16, Commercial Practices, Part 1507, effective January 1, 1998, and the American Pyrotechnics Association Inc., Standard 87-1, 1993.

34-37-7. Exemptions from chapter.

Nothing in this chapter shall be construed as applying to toy paper caps containing not more than twenty-five hundredths of a grain of explosive composition per cap, and to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, or theatrical, or athletic events.

34-37-8. Importation by unlicensed persons prohibited-Retailer to purchase from licensed wholesaler.

No person who is not licensed as a wholesaler or retailer shall bring any fireworks into this state. No retailer shall sell any fireworks which have not been purchased from a wholesaler licensed under the provisions of this chapter.

34-37-9. Purchase invoices held by licensee-Inspection by department.

Any person licensed under the provisions of this chapter shall comply with the provisions of § 10-45-45. Each invoice for fireworks purchased is subject to inspection by the Department of Public Safety. The invoice shall show the license number of the wholesaler from which the purchase was made.

34-37-10. Period and times during which retail sales permitted.

No person, firm, or corporation may offer fireworks for sale to individuals at retail except during the period beginning June twenty-seventh and extending through July fifth and during the period beginning December twenty-eighth and extending through January first. Any person obtaining the special sixty-six day or the special fifty-seven day retail licenses may sell fireworks to out-of-state residents for the periods of time designated in § 34-37-2.2. Retail sales to residents and nonresidents during the December twenty-eighth through January first period may only be made by holders of a special fifty-seven day retail license established pursuant to § 34-37-2.2. Retail sales are not permitted after twelve a.m. or prior to seven a.m. from the twenty-seventh day of June through the fifth day of July and from the twenty-eighth day of December through the first day of January.

34-37-10.1. Sale from vehicle prohibited.

No retailer shall sell fireworks from any motor vehicle.

34-37-10.2. Exits from structures where fireworks sold.

If the general public occupies a structure where fireworks are being displayed or sold, two or more approved exits shall be provided. If the general public does not occupy a structure that displays or sells fireworks, one or more approved exits shall be provided.

34-37-10.3. “No smoking” signs where fireworks sold.

Signs must be prominently posted on all displays of fireworks offered for sale at retail, which shall read in red letters not less than three inches in height, “NO SMOKING WITHIN TWENTY-FIVE FEET.”

34-37-10.4. Minimum distance for igniting of fireworks.

In all buildings or structures wherein fireworks are being offered for sale the licensee shall have a sign prominently posted stating that no fireworks can be ignited or discharged within one hundred fifty feet of the licensee’s premises.

34-37-10.5. Open flame prohibited where fireworks sold-Fire extinguisher required.

No licensee may have on the premises any device, apparatus, receptacle, or burner from which an open flame is emitted. Each licensee shall in the conduct of the business of selling fireworks keep and maintain upon the premises a fire extinguisher bearing a rated capacity of at least 2-A.

34-37-10.6. Approved exit.

For the purposes of this chapter, an approved exit is a continuous and unobstructed means of egress to a public way. Exit doors shall be of the pivoted or side-hinged swinging type and shall swing in the direction of exit travel. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort.

34-37-11. Sale or use prohibited in forests, parks and other specified areas-Exception-Violation as misdemeanor. No person may sell or cause to be sold, discharge, or cause to be discharged, any pyrotechnics of any description or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District, and no person may discharge or cause to be discharged any pyrotechnics or consumer fireworks within a zone that extends three hundred feet beyond the exterior boundaries of the Black Hills Forest Fire Protection District in this state. No person may sell or cause to be sold, discharge, or cause to be discharged, any pyrotechnics of any description or any consumer fireworks within any national forest, national park, state forest, or any land owned or leased by the Department of Game, Fish and Parks. However, the Department of Game, Fish and Parks may, by written authorization, permit the discharge of pyrotechnics or consumer fireworks, pyrotechnic displays, sales, or exhibits on land owned or leased by the department unless otherwise prohibited by statute. Any violation of this section which occurs on any land owned or leased by the Department of Game, Fish and Parks is a Class 2 misdemeanor. Any subsequent violation of this Section is a Class 1 misdemeanor.

34-37-12. Exportation of fireworks from state.

Nothing in this chapter shall prohibit licensed wholesalers or manufacturers from storing, selling, shipping, or otherwise transporting, permissible fireworks to any person or entity outside of the State of South Dakota if the sale and transportation are consistent with 18 U.S.C. § 836, effective on January 1, 1983. The delivery of such fireworks shall only be made by a properly certified motor carrier as specified in chapter 49-28 or by licensed fireworks wholesalers or manufacturers or fireworks permit holders in vehicles owned or leased by them.

34-37-12.1. Evidence of delivery outside of state.

Written evidence of the delivery of permissible fireworks to any person or entity outside of the State of South Dakota shall be retained by the wholesaler. Acceptable evidence includes the fireworks license or permit number and address, a bill of lading, or delivery receipt for delivery by a properly certified motor carrier if purchaser is unlicensed.

34-37-14. Violation of chapter as misdemeanor.

Except where a punishment is specifically provided, a violation of the provisions of this chapter is a Class 1 misdemeanor.

34-37-15. Subsequent conviction as ground for revocation or suspension of license.

If a person is found guilty of violating any of the provisions of this chapter a subsequent time, such violation may constitute cause for revocation or suspension of the license held by that person and for refusal to renew license upon expiration thereof.

34-37-16. Possession of unauthorized fireworks unlawful-Seizure and destruction.

No person shall possess any fireworks, other than those enumerated in § 34-37-5. If any person shall have in his possession any fireworks in violation of said section, a warrant may be issued for the seizure of such fireworks, and such fireworks shall be safely kept to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender is discharged, the fireworks shall be returned to the person in whose possession they were found, provided, however, that nothing in this chapter shall apply to the transportation of fireworks by regulated carriers.

34-37-16.1. Period during which discharge of fireworks permitted-Violation as misdemeanor.

Except as otherwise provided in this chapter, it is unlawful for a person to discharge fireworks in this state except during the period beginning June twenty-seventh and extending through July fifth and during the period beginning December twenty-eighth and extending through January first. A violation of this section is a Class 2 misdemeanor

34-37-17. Enforcement by department and law enforcement officers.

The Department of Public Safety, together with all law enforcement officers of the state and its political subdivisions, shall be charged with the enforcement of the provisions of this chapter.

34-37-18. Record forms prescribed by secretary.

Records required under provisions of this chapter shall be kept on forms prescribed by the secretary of public safety.

34-37-19. County regulation of fireworks-Use of South Dakota grassland fire danger index.

Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached the extreme category in that county during the period from June twentieth to July second, inclusive, and during the period from December twenty-eighth to January first, inclusive. During any such period, the county’s action is suspended if the grassland fire danger index falls below the very high category and again becomes effective if the grassland fire danger index reaches the extreme category.

68-104-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

(1) “Distributor” means any person engaged in the business of making sales of fireworks to any other person engaged in the business of reselling fireworks either as a retailer, wholesaler, or seasonal retailer, or any person who receives, brings or imports any fireworks of any kind, in any manner into this state, except to a holder of a Tennessee manufacturer’s, distributor’s, or wholesaler’s permit. Any sale of fireworks to a retailer shall only be accomplished by a manufacturer or distributor possessing the required applicable permit issued by the state of Tennessee. “Distributor” also includes any person engaged in the business of making sales of display fireworks, as defined in § 68-104-202, or proximate pyrotechnics or flame effect materials to licensed exhibitors for the purpose of providing fireworks, pyrotechnic or flame effect display services in this state. A distributor may sell display fireworks, proximate pyrotechnics or flame effect materials only to holders of a Tennessee exhibitor’s permit. An out-of-state distributor shall not be required to obtain a Tennessee permit when selling exclusively to a holder of a Tennessee manufacturer’s, distributor’s, wholesaler’s or exhibitor’s permit;

(2) “D.O.T. Class C common fireworks” means all articles of fireworks as are now or hereafter classified as D.O.T. Class C common fireworks in the regulations of the United States department of transportation for transportation of explosive and other dangerous articles;

(3) “Manufacturer” means any person engaged in the making, manufacture or construction of fireworks of any kind within this state;

(4) “Permit” means the written authority of the state fire marshal issued under the authority of this chapter;

(5) “Person” means any individual, firm, partnership or corporation;

(6) “Retailer” means any person engaged in the business of making retail sales of fireworks at any time during the year;

(7) “Sale” means an exchange of articles of fireworks for money and also includes barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, copartnership, or one (1) or more individuals;

(8) “Seasonal retailer” means any person engaged in the business of making retail sales of fireworks within this state from June 20 through July 5 and December 10 through January 2 of each year;

(9) “Special fireworks” means:

(A) All articles of fireworks that are classified as Class B explosives in the regulations of the United States department of transportation;

(B) All articles of fireworks other than those classified as Class C; and

(C) Unmanned free-floating devices capable of producing an open flame such as, but not limited to, sky lanterns; and

(10) “Wholesaler” means any person engaged in the business of making sales of fireworks to a seasonal retailer. A wholesaler shall not be permitted to make a sale to a retailer.

68-104-102. Permits and fees.

(a) It is unlawful for any person to manufacture, sell, offer for sale, ship or cause to be shipped or received into or within this state, except as provided in this chapter, any item of fireworks, without first having secured the required applicable permit, as a manufacturer, distributor, wholesaler, retailer or seasonal retailer, from the state fire marshal. This provision applies to nonresidents as well as residents of this state. No permit shall be required of a consumer to purchase from a dealer holding a required Tennessee permit for purchases within this state. Mail orders where consumers purchase any fireworks through the mail or receive any fireworks in Tennessee by mail, parcel service, or other carrier are prohibited. A sales clerk must be on duty to serve consumers at the time of purchase or delivery. It is the legislative intent that all fireworks sold and delivered to consumers within this state must take place within this state and be sold and delivered only by a Tennessee dealer holding a Tennessee fireworks permit, and that all fireworks coming into the state and sold within the state be under the supervision of the state fire marshal as provided in this chapter.

(b) A manufacturer’s permit issued under this chapter shall be subject to rules and regulations promulgated by the state fire marshal to govern the manufacture of fireworks as in the state fire marshal’s judgment the public welfare may require.

(c) The decision of the state fire marshal as to what type of permit or permits shall be required of each person under this chapter shall be final. No permit shall be issued to a person under eighteen (18) years of age. All permits shall be for the calendar year or any fraction of the year and shall expire on December 31. A grace period of

two (2) days shall be allowed each holder of a permit. Permits issued to retailers and seasonal retailers must be displayed. No permit provided for in this section is transferable to another person or location, unless such transfer has been approved by the state fire marshal.

(d)(1) The state fire marshal shall charge the following fees for permits:

(A) Manufacturer……………..$1,000

(B) Distributor………………….$1,000

(C) Retailer………………………$1,000

(D) Wholesaler ………………..$1,000

(E) Seasonal retailer………….$100

(F) Exhibitor…………………….$1,000

(2) A person engaged in more than one (1) of the activities in subdivision (d)(1) shall pay only one (1) fee based upon the classification requiring the higher fee.

(e) The holder of a retailer’s permit will be authorized to engage in the retail sale of fireworks in any quantity during the life of the permit.

(f) A holder of a manufacturer’s permit will not be required to have any additional permit or permits, in order to sell to distributors, wholesalers, retailers or seasonal retailers.

(g) All fees collected for permits shall constitute expendable receipts of the fire prevention division. The state fire marshal may designate a deputy fire marshal as the fireworks enforcement officer. The state fire marshal is charged with the enforcement of this chapter and may call upon any state, county, municipal or other peace officer for assistance in the enforcement of this chapter.

68-104-103. Permits numbered-Orders and invoices must carry number.

The state fire marshal shall assign a number to each permit issued and each holder of a permit of any of the classes shall imprint or affix the permit number to all orders and invoices issued or used by each manufacturer, distributor or wholesaler.

68-104-104. Consignee required to hold permit before shipping or delivering fireworks-Purchase only from seller holding permit-Record of sale.

No person shall deliver, sell or ship fireworks into or within this state, unless the consignee produces the required permit or evidence that the consignee holds such permit. No person shall purchase fireworks from another person without first requiring proof that the proper permit required of the seller has been obtained and is current and valid. Each holder of a permit under this chapter shall keep an accurate record of each shipment received. Each holder of a permit as distributor, manufacturer or wholesaler shall keep a record of each sale, delivery or out shipment of fireworks. The records shall be clear, legible and accurate, showing the name and address of the seller or purchaser, item and quantity received or sold. The records are to be kept at each place of business and shall be subject to examination by the state fire marshal or the state fire marshal’s designated representative, who shall have the authority during regular business hours to require any manufacturer, distributor, wholesaler, retailer or seasonal retailer to produce records for the current year and the preceding full calendar year.

68-104-105. Permit for new location-Illegal acts-Inspections-Revocation of permits.

(a) Any request for the issuance of a retailer’s or seasonal retailer’s fireworks permit for a new location shall be accompanied by a statement that the sale of fireworks in the county or municipality, respectively, is permissible. The statement shall be signed by the chief executive officer of the county or municipality in which fireworks are to be sold or by a person appointed or designated by the chief executive officer of the county or municipal government having responsibility for compliance with this section within the county or municipality. For purposes of this section, “new location” means any location where fireworks were not sold at retail as of May 2, 1983. “New location” does not include any location in which the lawful sale of fireworks has transpired for the immediate two (2) years prior to May 2, 1983.

(b)(1) All fireworks held for sale at retail within local jurisdictions where the sale or use of fireworks is prohibited are declared contraband and subject to confiscation.

(2) It is declared illegal to ship into any municipality or county of this state for purposes of possession for sale at retail or to sell any fireworks where such municipality or county has declared that the sale or possession of such fireworks is an illegal act by the appropriate ordinance or law; provided, that in counties with a population of not less than fifty-eight thousand seventy-five (58,075) nor more than fifty-eight thousand one hundred seventy-five (58,175), according to the 1980 federal census or any subsequent federal census, the sale and possession of fireworks in accordance with this chapter is lawful within such county and any incorporated municipality within that

county unless either the governing body of the county, for the unincorporated areas of the county, or the governing bodies of the respective municipalities within such county, for the areas under their jurisdiction, act by a majority vote of the respective bodies to prohibit such sales and possession; and provided further, that the respective governing bodies may act, or may rescind their previous actions, at any time by a majority vote. The state fire marshal or the fire marshal’s designated representatives may inspect the location for each permit before a permit is issued to determine if the location meets the requirements of this chapter and reasonable safety standards for the storage and sale of fireworks. The exact mailing address and exact address where fireworks are to be sold must be stated on each application and permit. Inspection is not required for renewal of permits at the same location to be operated by the same owner, unless there has occurred substantial structural use or environmental changes.

(c)(1) The state fire marshal may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, revoke any permit issued under this chapter upon evidence that the holder has violated any provisions of this chapter. Before any permit is revoked, the state fire marshal shall give notice of the state fire marshal’s intention to do so, by registered mail, or personal service to the holder of such permit. The notice shall inform the permit holder of the holder’s right to a hearing. The state fire marshal shall conduct an appropriate contested case hearing concerning the action regarding permit revocation, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(2) If the permit revoked is for a business located in this state, notice of the revocation order must be supplied to the county clerk of the county in which the permit holder’s business is located.

(d) The state fire marshal, in the fire marshal’s discretion, may refuse to issue another permit to the holder of a permit that has been cancelled or revoked for cause for a period not to exceed three (3) years.

68-104-106. Privilege licenses not replaced by permit-Issuance requirements.

The issuance of the permits required in this chapter does not replace or relieve any person of state, county or municipal privilege licenses as provided by law. Before the issuance of any state and county licenses, the county clerk shall require each applicant for a fireworks license to exhibit a permit or furnish other definite and satisfactory evidence that a proper permit has been issued to the applicant by the state fire marshal and that the permit is current and valid.

68-104-108. Permissible fireworks.

It is unlawful for any individual, firm, partnership or corporation to possess, sell or use within this state, or ship into this state, except as provided in this chapter, any pyrotechnics commonly known as fireworks, other than the following permissible items:

(1) Those items classified as D.O.T. Class C common fireworks; or

(2) Those items that comply with the construction, chemical composition and labeling regulations promulgated by the United States consumer product safety commission and permitted for use by the general public under its regulations.

68-104-109. Conditions for sale and use of permissible articles.

No permissible articles of common fireworks defined in § 68-104-108 shall be sold, offered for sale, or possessed within this state, or used, in this state, except as provided in § 68-104-211, unless it is properly named to conform to the nomenclature of § 68-104-108, and unless it is certified as common fireworks on all shipping cases and by imprinting on the article or retail container, “D.O.T. Class C common fireworks,” such imprint to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.

68-104-110. Retail sale of permissible items-Exception to definition of “fireworks.”

Permissible items of fireworks, as provided for in § 68-104-108, may be sold by a retailer or a seasonal retailer, except that fireworks does not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five one-hundredths (0.25) grains or less of explosive compounds are used; provided, they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five one-hundredths (0.25) grains of explosive compounds, cone, bottle, tube, and other type serpentine pop-off novelties, model rockets, wire sparklers containing not over one hundred (100) grams of composition per item (sparklers containing any chlorate or perchlorate salts may not exceed five (5) grams of composition per item), emergency flares, matches, trick matches and cigarette loads, the sale and use of which shall be permitted at all times.

68-104-111. Storage, location and display of fireworks-Protection of fuses.

(a) Placing, storing, locating or displaying of fireworks in any window where the sun may shine through glass onto the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes, within ten feet (10′) of where the fireworks are offered for sale is declared unlawful and prohibited. At all places where fireworks are stored or sold, there must be posted signs with the words “Fireworks — No smoking” in letters not less than four inches (4”) high. No fireworks shall be sold at retail at any location where paints, oils or varnishes are for sale or use, unless such paints, oils or varnishes are kept in their original consumer containers, nor where resin, turpentine, gasoline or any other flammable substance is stored or sold, if the storage creates an undue hazard to any person or property.

(b) All firework devices that are readily accessible to handling by consumers or purchasers shall have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash or other ignition source. Safety-type thread-wrapped and coated fuses shall be exempt from this provision.

68-104-112. Unlawful acts in the sale and handling of fireworks.

(a)(1) To purchase any Class C common fireworks, a person must be at least sixteen (16) years of age. Any person sixteen (16) or seventeen (17) years of age who wishes to purchase Class C common fireworks must provide proof of age to the retailer or seasonal retailer by presenting a state-issued photo identification or be accompanied by an adult. It is unlawful to offer for retail sale or to sell any Class C common fireworks to any person under sixteen (16) years of age or to any intoxicated or irresponsible person.

(2) It is unlawful to explode or ignite fireworks within six hundred feet (600′) of any church, hospital, asylum, public school or within two hundred feet (200′) of where fireworks are stored, sold or offered for sale.

(3) No person shall ignite or discharge any permissible articles of fireworks within or throw any permissible articles of fireworks from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people.

(4) (A) It is unlawful for any individual, firm, partnership or corporation to sell at retail any Class C common fireworks within any county of this state having a population greater than two hundred thousand (200,000), according to the 1980 federal census or any subsequent federal census, except in municipalities within such counties with a population of not less than six hundred (600) nor more than six hundred twenty (620), according to such census, that permitted the sale of such fireworks before 1984; provided, that it is not unlawful for Class C common fireworks to continue to be sold by a person on a parcel of land that contains a fireworks stand, if:

(i) The parcel of property upon which such fireworks are sold is either partially located in a county having a population in excess of two hundred thousand (200,000) or more, according to the 1990 federal census or any subsequent federal census, or there is disagreement concerning whether such property is wholly contained within a county having a population in excess of two hundred thousand (200,000) or more, according to the 1990 federal census or any subsequent federal census; and

(ii) Fireworks have been sold annually at such stand for a period of at least forty-five (45) years.

(B) If, on April 7, 1999, a retailer, as defined by § 68-104-101(6), is located in a county that has a population of less than two hundred thousand (200,000), and if such county subsequently increases in population to the extent that a federal census establishes that it has a population of more than two hundred thousand (200,000), then such retailer or its assignees and successors may continue to sell D.O.T. Class C common fireworks at retail at the location specified in the retailer’s permit. If, according to the 1990 federal census, a seasonal retailer as defined by § 68-104-101, is located in a county that has a population of less than two hundred thousand (200,000), and if such county subsequently increases in population to more than two hundred thousand (200,000), according to a subsequent federal census, then such seasonal retailers or their respective assignees and successors may continue to sell DOT Class C common fireworks at retail.

(b)(1) All items of fireworks that exceed the limits of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred to as “illegal ground salutes” designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within this state for any purpose. This subdivision (b)(1) shall not affect display fireworks authorized by this chapter.

(2) A violation of subdivision (b)(1) for a second or subsequent offense is a Class E felony.

(c) Notwithstanding any other provision of law to the contrary, it shall be lawful for any individual, firm, partnership or corporation to sell at retail any D.O.T. Class C common fireworks, as defined in § 68-104-101, within the city of East Ridge. This part shall apply to the sale of fireworks in such city.

68-104-113. Exceptions to application.

Nothing in this chapter shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as applying to the military or naval forces of the United States, or of this state or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events, nor as applying to the transportation, sale or use of fireworks solely for agricultural purposes; provided, that the purchaser first secures a written permit to purchase and use fireworks for agricultural purposes only from the state fire marshal, after approval of the county agricultural agent of the county in which the fireworks are to be used, and the fireworks must at all times be kept in possession of the farmer to whom the permit is issued. Such permits and fireworks shall not be transferable. Items sold for agricultural purposes shall be limited to those items that are legal for retail sale and use within this state.

68-104-114. Penalties.

(a) Except as otherwise provided, a violation of this chapter is a Class C misdemeanor.

(b) Notwithstanding subsection (a), a violation of § 68-104-112(a)(1) is a Class C misdemeanor punishable by a fine to the retailer or seasonal retailer of up to one hundred dollars ($100) for the first offense, a fine of up to two hundred fifty dollars ($250) for the second offense, and a fine of up to five hundred dollars ($500) for subsequent offenses. Any municipality may adopt § 68-104-112(a)(1) by reference or substantial duplication as an ordinance violation.

68-104-115. Seizure and destruction of fireworks.

(a) The state fire marshal shall seize as contraband any fireworks, other than Class C common fireworks defined in § 68-104-108, or special fireworks for public displays as provided in § 68-104-211, that are sold, displayed, used or possessed in violation of this chapter. The fire marshal is authorized to destroy fireworks so seized.

(b) Before any seized fireworks may be destroyed:

(1) If the owner of the seized fireworks is known, the state fire marshal shall give notice by registered mail or personal service to the owner of the state fire marshal’s intention to destroy the seized materials. The notice shall inform the owner of the owner’s right to a hearing. The state fire marshal shall conduct an appropriate contested case hearing concerning the destruction of fireworks in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(2) If the identity of the owner of any seized fireworks is not known to the state fire marshal, the fire marshal shall cause to be published, in a newspaper of general circulation in the county in which the seizure was made, notice of the seizure, and of the state fire marshal’s intention to destroy the fireworks. The notice shall be published once each week for three (3) consecutive weeks. If no person claims ownership of the fireworks within ten (10) days of the date of the last publication, the state fire marshal may proceed to destroy the fireworks. If the owner does claim the fireworks within the time above specified, a hearing as set out in subdivision (b)(1) shall be held.

68-104-116. Private acts and municipal ordinances unaffected.

This chapter shall not affect the validity of any private act, nor any city ordinance further prohibiting or restricting the sale or use of fireworks; provided, that in counties with a population of not less than fifty-eight thousand seventy-five (58,075) nor more than fifty-eight thousand one hundred seventy-five (58,175), according to the 1980 federal census or any subsequent federal census, § 68-104-105 shall control.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2154.001. DEFINITIONS.

In this chapter:

(1) “Commissioner” means the commissioner of insurance of Texas.

(2) “Department” means the United States Department of Transportation.

(3) “Distributor” means a person who:

(A) imports fireworks into this state; or

(B) sells fireworks to:

(i) a jobber, retailer, or other distributor for resale; or

(ii) a holder of a single public display permit, a multiple public display permit, or another

fireworks permit.

(4) “Fire prevention officer” means a chief of a fire department, a fire marshal, a county fire marshal, a

sheriff, a constable, another local enforcement officer primarily responsible for fire prevention, or, if there is no

local fire authority, the state fire marshal.

(5) “Fireworks” means a composition or device:

(A) designed for entertainment to produce a visible or audible effect by combustion, explosion,

deflagration, or detonation; and

(B) defined by 49 C.F.R. Section 173.56(j) (1996).

(6) “Fireworks 1.3G” means a large fireworks device:

(A) primarily designed to produce visible or audible effects by combustion, deflagration, or detonation; and

(B) classified as a 1.3G explosive by the department in 49 C.F.R. Part 173 (1996).

(7) “Fireworks 1.4G” means a small fireworks device:

(A) primarily designed to produce visible or audible effects by combustion, deflagration, or detonation;

(B) that complies with the construction, labeling, and chemical composition requirements of the United

States Consumer Product Safety Commission in 16 C.F.R. Part 1507 (1996), or the most recently adopted version of

that rule; and

(C) that is classified by the department in 49 C.F.R. Part 173 (1996).

(8) “Illegal fireworks” means a fireworks device manufactured, distributed, or sold in violation of this

chapter.

(9) “Indoor or proximate display” means a pyrotechnic display involving the ignition of Fireworks 1.3G or

Fireworks 1.4G for public amusement where an audience is closer to the pyrotechnic devices than permitted by

NFPA 1123 Code of Fireworks Display. The term does not include the use of Fireworks 1.4G by a retail consumer

for private or personal amusement.

(10) “Insurance agent” means:

(A) a person, firm, or corporation licensed under Subchapter B, C, D, or E, Chapter 4051, or Chapter 981,

Insurance Code;

(B) a salaried, state, or special agent; and

(C) a person authorized to represent an insurance fund or pool created by a city, county, or other political

subdivision of the state under Chapter 791, Government Code.

(11) “Jobber” means a person who purchases fireworks only for resale to retailers.

(12) “Manufacturer” means a person, firm, corporation, or association who makes fireworks.

(13) “Person” means an individual or entity, including an owner, manager, officer, employee, or occupant.

(14) “Public display” means the igniting of Fireworks 1.3G for public or private amusement.

(15) “Pyrotechnic operator” means an individual who, by experience, training, and examination, has

demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of

Fireworks 1.3G or Fireworks 1.4G.

(16) “Pyrotechnic special effects operator” means an individual who, by experience, training, and

examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising

proximate displays of Fireworks 1.3G or Fireworks 1.4G.

(17) “Retailer” means a person who purchases fireworks for resale only to the general public.

(18) “Sale” means selling or offering for sale merchandise, equipment, or service, at wholesale or retail, to

the public or to any person, for an agreed sum of money or other consideration.

(19) “State fire marshal” means the chief law enforcement officer of the state charged with the

responsibility of fire prevention.

Sec. 2154.002. EXEMPTIONS.

This chapter does not apply to:

(1) a toy pistol, toy cane, toy gun, or other device that uses paper or plastic caps in sheets, strips, rolls, or

individual caps that contain not more than an average of 25 hundredths of a grain of explosive composition per cap

and that is packed and shipped under 49 C.F.R. Part 173 (1996);

(2) a model rocket or model rocket motor designed, sold, and used to propel recoverable aero models;

(3) a propelling or expelling charge consisting of a mixture of sulfur, charcoal, and potassium nitrate;

(4) novelties or trick noisemakers;

(5) the sale, at wholesale, of any type of fireworks by a resident manufacturer, distributor, importer, or

jobber if the fireworks are intended for shipment directly out of state under department regulations;

(6) the sale or use of, in emergency situations, pyrotechnic signaling devices or distress signals for marine,

aviation, or highway use;

(7) the use of a fuse or a railway torpedo by a railroad;

(8) the sale of blank cartridges for:

(A) use in a radio, television, film, or theater production;

(B) a signal or ceremonial purpose in an athletic event; or

(C) an industrial purpose; or

(9) the use of a pyrotechnic device by a military organization.

Sec. 2154.003. PERMISSIBLE FIREWORKS.

(a) Except as provided by Subsection (b), Fireworks 1.4G are permissible fireworks.

(b) The following are not permissible fireworks:

(1) sky rockets or “bottle rockets” with:

(A) a total propellant charge of less than four grams;

(B) a casing size of less than five-eighths of an inch for the outside diameter and less than 3-1/2

inches in length; and

(C) an overall length, including stick, of less than 15 inches; and

(2) other fireworks determined not acceptable by the United States Consumer Product Safety Commission.

(c) The term “bottle rocket” may not be used in association with the advertisement or sale of fireworks.

(d) In addition to the items described by Subsection (b), pop rockets with a propellant casing length of less

than five inches, an exterior diameter of less than three-fourths of an inch, and an overall total rocket length of less

than 26 inches are not permissible fireworks.

Sec. 2154.004. EFFECT OF CHAPTER ON LOCAL REGULATION.

(a) A municipal or county ordinance, order, or rule in effect on January 2, 1986, is not invalidated by this

chapter.

(b) This chapter does not limit or restrict the authority of a county, where specifically authorized by law, or

municipality to enact an ordinance or order prohibiting or further regulating fireworks.

SUBCHAPTER B. COMMISSIONER’S POWERS AND DUTIES

Sec. 2154.051. COMMISSIONER’S POWERS AND DUTIES.

(a) The commissioner shall:

(1) determine reasonable criteria and qualifications for licenses and permits;

(2) set license and permit fees;

(3) determine the qualifications and examination requirements for pyrotechnics operators; and

(4) establish a procedure for reporting and processing complaints.

(b) The commissioner may, after notice and opportunity for hearing, increase or decrease the limits of

insurance coverage.

Sec. 2154.052. RULES.

(a) The commissioner:

(1) shall administer this chapter through the state fire marshal; and

(2) may issue rules to administer this chapter in compliance with Section 2154.054.

(b) The commissioner shall adopt and the state fire marshal shall administer rules the commissioner

considers necessary for the protection, safety, and preservation of life and property, including rules regulating:

(1) the issuance of licenses and permits to persons engaged in manufacturing, selling, storing, possessing,

or transporting fireworks in this state;

(2) the conduct of public fireworks displays; and

(3) the safe storage of Fireworks 1.3G and Fireworks 1.4G.

(c) The commissioner shall adopt rules for applications for licenses and permits.

(d) In adopting a rule, the commissioner may use standards recognized by federal law or regulation and

standards published by a nationally recognized standards-making organization.

(e) A rule may not be adopted under this chapter that is more restrictive than a rule in effect on September

1, 1998, without specific statutory authority.

Sec. 2154.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.

(a) The commissioner may not adopt rules restricting advertising or competitive bidding by a license or

permit holder under this chapter except to prohibit false, misleading, or deceptive practices.

(b) The commissioner may not include in the rules to prohibit false, misleading, or deceptive practices a

rule that:

(1) restricts the use of any advertising medium;

(2) restricts the holder’s personal appearance or the use of a holder’s voice in an advertisement;

(3) relates to the size or duration of an advertisement by the holder; or

(4) restricts the holder’s advertisement under a trade name.

Sec. 2154.054. ADVISORY COUNCIL.

(a) The commissioner shall establish an advisory council to assist the commissioner in administering this

chapter.

(b) The council is composed of five members as follows:

(1) four members who are representatives from the fireworks industry; and

(2) one member who is a representative of a county fire marshal’s office and who has at least five years of

experience as a county fire marshal.

(c) On request by the commissioner, the following may recommend individuals for appointment to the

council:

(1) the Texas Pyrotechnic Association or the Texas Fireworks Association for appointments under

Subsection (b)(1); and

(2) the Texas Fire Marshal’s Association for an appointment under Subsection (b)(2).

(d) A council member serves at the will of the commissioner.

(e) The council shall periodically review rules relating to this chapter and recommend changes in the rules

to the commissioner.

(f) Notwithstanding Section 2001.031, Government Code, the commissioner shall submit all proposed

changes and additions to the rules that relate to administration of this chapter to the council for development. If the

commissioner does not approve a rule developed by the council, the commissioner shall indicate to the council the

reasons that the commissioner did not approve the rule and return the rule to the council for further development.

Sec. 2154.055. FIREWORKS SAFETY AND EDUCATION PROGRAM.

(a) The commissioner shall establish a fireworks safety and education program.

(b) The program:

(1) shall provide information relating to the proper and safe use of fireworks and the dangers of the

improper use of fireworks; and

(2) may include any method of communicating the need for safe use of fireworks and the dangers of

improper use.

(c) The program shall be administered by the advisory council established under Section 2154.054. The

commissioner must approve a program that the advisory council proposes to present.

(d) To fund the program, in addition to any other license or permit fees:

(1) the holder of a retail permit issued under Section 2154.202 shall pay, on issuance or renewal of the

permit, a fee in the amount of $10; and

(2) the holder of a manufacturer’s, distributor’s, or jobber’s license issued under Section 2154.151,

2154.152, or 2154.153 shall pay, on issuance or renewal of the license, a fee in the amount of $250.

(e) Money collected under Subsection (d) may be used only by the commissioner for the purposes of this

section.

SUBCHAPTER C. LICENSE REQUIREMENTS

Sec. 2154.101. GENERAL REQUIREMENTS.

(a) A person must obtain an appropriate license to:

(1) engage in the business of manufacturing, distributing, jobbing, or importing fireworks to be sold or used

in this state; or

(2) supervise or conduct public fireworks displays.

(b) A person who is younger than 21 years of age may not be issued a pyrotechnic operator’s license. The

minimum age of a person issued another license under Subchapter D is 18 years of age.

(c) A person may not:

(1) transfer a license; or

(2) obtain or attempt to obtain a license by fraudulent representation.

(d) A person may not alter or deface a license. An altered or defaced license is void.

Sec. 2154.102. WAIVER OF EXAMINATION REQUIREMENT.

The commissioner may waive an examination requirement for an applicant with a valid license from

another state if, in the commissioner’s opinion, the license requirements of the other state are substantially equivalent

to those of this state.

Sec. 2154.1025. STATE FIRE MARSHAL’S AUTHORITY REGARDING EXAMINATIONS; RULES.

(a) The state fire marshal shall establish the scope and type of an examination required under this chapter.

(b) The state fire marshal may administer the examination or may enter into an agreement with a testing

service.

(c) The state fire marshal shall adopt rules as necessary to implement examination requirements under this

chapter.

Sec. 2154.1026. USE OF TESTING SERVICE FOR EXAMINATION.

(a) If a testing service is used, the state fire marshal may contract with the testing service regarding

requirements for the examination required by this chapter, including examination development, scheduling, site

arrangements, grading, reporting, analysis, or other administrative duties.

(b) The state fire marshal may require the testing service to:

(1) correspond directly with an applicant regarding the administration of the examination;

(2) collect a reasonable fee from an applicant for administering the examination; or

(3) administer the examination at a specific location or time.

Sec. 2154.103. EXAMINATION RESULTS.

(a) The state fire marshal shall notify each examinee of the results of the examination not later than the 30th

day after the date an examination is administered.

(b) If the examination is conducted, graded, or reviewed by a testing service, the state fire marshal shall

notify the examinee of the result of the examination not later than the 14th day after the date the state fire marshal

receives the result from the testing service.

(c) If the notice of the examination result will be delayed for longer than 90 days after the examination

date, the state fire marshal shall notify the examinee of the reason for the delay before the 90th day.

(d) If requested in writing by a person who fails the licensing examination, the state fire marshal shall send

the person an analysis of the person’s performance on the examination.

(e) The state fire marshal may require a testing service to notify a person of the results of the person’s

examination.

Sec. 2154.104. DUPLICATE LICENSE; LICENSE CHANGES.

A person must be charged a fee in an amount not to exceed $20 for a duplicate license issued by the

commissioner and for any requested change to a license.

Sec. 2154.105. LICENSE EXPIRATION DATE.

(a) The commissioner by rule may provide for different expiration dates for the various types of licenses.

(b) If the expiration date of a license is less than one year from the date of its issuance or anniversary date,

the license fee shall be prorated on the basis of the number of months during which the license is valid. The total

annual fee is payable each time the license is renewed.

Sec. 2154.106. LICENSE RENEWAL.

(a) A license holder may renew an unexpired license by paying the required renewal fee to the state fire

marshal any time before the license expires.

(b) Not later than the 30th day before the expiration date of a license, the state fire marshal shall send

written notice of the impending license expiration to the license holder at the license holder’s last known address.

(c) A person whose license has been expired for 90 days or less may renew the license by paying to the

state fire marshal the required annual fee and an additional amount equal to one-half of the original license fee.

(d) A person whose license has been expired for more than 90 days but less than two years may renew the

license by paying to the state fire marshal all unpaid annual fees and an additional amount equal to the original

license fee.

(e) A person may not renew a license that has been expired for two years or more. The person may obtain a

new license by complying with the requirements and procedures for obtaining an original license.

(f) This section does not prevent the state fire marshal from denying or refusing to renew a license for any

reason provided by law or the rules of the commissioner.

SUBCHAPTER D. TYPES OF LICENSES

Sec. 2154.152. DISTRIBUTOR’S LICENSE.

(a) A person must be a licensed distributor if the person:

(1) imports into this state or stores, possesses, and sells Fireworks 1.3G to a licensed pyrotechnic operator

or distributor or to a single public display, multiple public display, or agricultural, industrial, and wildlife control

fireworks permit holder; or

(2) imports or stores, possesses, and sells Fireworks 1.4G to a licensed jobber, retailer, or distributor in this

state.

(b) The commissioner shall set and collect an annual distributor’s license fee in an amount not to exceed

$1,500.

Sec. 2154.153. JOBBER’S LICENSE.

(a) A person must be a licensed jobber if the person stores, possesses, and sells Fireworks 1.4G only to

retailers in this state.

(b) The commissioner shall set and collect an annual jobber’s license fee in an amount not to exceed

$1,000.

SUBCHAPTER E. PERMIT REQUIREMENTS

Sec. 2154.201. GENERAL REQUIREMENTS.

(a) A person who is younger than 21 years of age may not be issued a public fireworks display permit. A

person who is younger than 18 years of age may not be issued another permit under this subchapter.

(b) A person may not:

(1) transfer a permit issued under this subchapter; or

(2) obtain or attempt to obtain a permit under this subchapter by fraudulent representation.

(c) A person may not alter or deface a permit. An altered or defaced permit is void.

Sec. 2154.202. RETAIL FIREWORKS PERMIT.

(a) A person selling fireworks directly to the public must annually obtain a nonrenewable retail fireworks

permit for each retail location.

(b) The commissioner shall set and collect a retail fireworks permit fee in an amount not to exceed $20.

(c) A retail fireworks permit may be purchased from a licensed manufacturer, distributor, or jobber or from

the state fire marshal’s office.

(d) A licensed manufacturer, distributor, or jobber may obtain retail fireworks permits from the

commissioner at any time. The commissioner shall provide permits in books containing 20 permits each. Each

permit must be clearly printed with the year, date, and permit number. The manufacturer, distributor, or jobber shall

keep a record of all permits issued and shall submit the record to the commissioner through the state fire marshal in

the manner required by the commissioner.

(e) A retail fireworks permit expires on January 31 each year and is not renewable.

(f) An outdated permit may be exchanged for a current permit only in the year following the permit’s

expiration.

(g) A retail fireworks permit holder may sell fireworks only to the public, and only during periods:

(1) beginning June 24 and ending at midnight on July 4;

(2) beginning December 20 and ending at midnight on January 1 of the following year; and

(3) beginning May 1 and ending at midnight on May 5 if the fireworks are sold at a location that is not

more than 100 miles from the Texas-Mexico border and that is in a county in which the commissioners court of the

county has approved the sale of fireworks during the period.

(h) In addition to the periods during which the sale of fireworks is authorized under Subsection (g), the

commissioners court of a county by order may allow a retail fireworks permit holder to sell fireworks in that county

only to the public and only during one or more of the following periods:

(1) beginning February 25 and ending at midnight on March 2;

(2) beginning April 16 and ending at midnight on April 21; and

(3) beginning the Wednesday before the last Monday in May and ending at midnight on the last Monday in

May.

SUBCHAPTER F. PROHIBITED ACTS

Sec. 2154.251. PROHIBITED USE OF FIREWORKS.

(a) A person may not:

(1) explode or ignite fireworks within 600 feet of any church, a hospital other than a veterinary hospital, an

asylum, a licensed child care center, or a public or private primary or secondary school or institution of higher

education unless the person receives authorization in writing from that organization;

(2) sell at retail, explode, or ignite fireworks within 100 feet of a place where flammable liquids or

flammable compressed gasses are stored and dispensed;

(3) explode or ignite fireworks within 100 feet of a place where fireworks are stored or sold;

(4) ignite or discharge fireworks in or from a motor vehicle;

(5) place ignited fireworks in, or throw ignited fireworks at, a motor vehicle;

(6) conduct a public fireworks display that includes Fireworks 1.3G unless the person is a licensed

pyrotechnic operator;

(7) conduct a proximate display of fireworks that includes Fireworks 1.3G or Fireworks 1.4G as defined in

NFPA 1126 Standards for the Use of Pyrotechnics Before a Proximate Audience unless the person is a licensed

pyrotechnic special effects operator and has the approval of the local fire prevention officer; or

(8) sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules

adopted by the commissioner under this chapter.

(b) A person may not manufacture, distribute, sell, or use fireworks in a public fireworks display or for

agricultural, industrial, or wildlife control purposes without an appropriate license or permit. Fireworks

manufactured, distributed, sold, or used without an appropriate license or permit are illegal fireworks.

Sec. 2154.252. CERTAIN SALES OF FIREWORKS PROHIBITED.

(a) Unless the fireworks conform to the standards of the United States Consumer Product Safety

Commission and the department, a person in this state may not:

(1) sell the fireworks at retail;

(2) offer the fireworks for retail sale;

(3) possess the fireworks for retail sale in this state; or

(4) transport, use, or explode the fireworks in this state.

(b) A person may offer for sale to the general public Fireworks 1.4G only at authorized retail locations. All

mail order sales of Fireworks 1.4G are prohibited.

(c) Fireworks may not be sold or offered for sale to children under 16 years of age or to an intoxicated or

incompetent person. A person selling fireworks at retail shall make a reasonable effort to determine that potential

purchasers of fireworks are of the minimum age required by this subsection.

(d) A licensed manufacturer, distributor, jobber, or importer may not sell fireworks to a person who does

not hold a license or permit.

Sec. 2154.254. EMPLOYMENT OF MINORS.

(a) Except as provided by Subsection (c), a person may not employ or allow a person younger than 16 years

of age to manufacture, distribute, sell, or purchase fireworks in the course of the person’s business.

(b) Except as provided by Subsection (c), a person may not employ a person 16 years of age or older but

younger than 18 years of age to sell fireworks at a retail sales location unless the person selling fireworks at that

location is accompanied by another person who is at least 18 years of age.

(c) An owner of a retail sales location may employ a person who is otherwise prohibited from engaging in

that activity by Subsection (a) or (b) to sell fireworks at the owner’s retail sales location if the person employed is:

(1) a member of the owner’s immediate family;

(2) 12 years of age or older; and

(3) accompanied by another person who is at least 18 years of age while the person is engaged in selling

fireworks at that location.

SUBCHAPTER G. DISCIPLINARY ACTIONS; PENALTIES

Sec. 2154.301. DISCIPLINARY POWERS OF COMMISSIONER.

(a) The commissioner may, through the state fire marshal, suspend, revoke, or refuse to issue or renew a

license or permit if the commissioner finds that any provision of this chapter, or any rule adopted under this chapter,

has been violated.

(b) A person who has a license or permit revoked may not reapply for the license or permit earlier than one

year from the date of revocation. A person reapplying under this subsection must request a public hearing on the

reissuance of the license or permit and has the burden of proving that a license or permit should be granted.

Sec. 2154.302. DISCIPLINARY HEARING.

(a) If the state fire marshal proposes to suspend, revoke, or refuse to renew a person’s license or permit, the

person is entitled to a hearing conducted by the State Office of Administrative Hearings.

(b) Disciplinary proceedings are governed by Chapter 2001, Government Code.

(c) Rules of practice adopted by the commissioner applicable to the disciplinary proceedings may not

conflict with the rules adopted by the State Office of Administrative Hearings.

Sec. 2154.303. PENALTIES.

(a) A person commits an offense if the person violates Section 2154.101(b), (c)(2), or (d), 2154.151(e), or

2154.201(a), (b)(2), or (c) or Subchapter F.

(b) Except as provided by Subsection (c), an offense under this section is a Class B misdemeanor.

(c) A violation of Section 2154.251(a)(1), (2), (3), (4), (5), or (8) that results in property damage in an

amount of less than $200 and does not result in bodily injury or death, or a violation of Section 2154.254(a) or (b), is

a Class C misdemeanor.

(d) Each day a violation occurs or continues constitutes a separate offense.

(e) Venue under this section is in the county in which the offense is committed or in Travis County.

(f) If the commissioner determines that a violation of this chapter creates a threat to the public safety, the

commissioner may bring suit in the district court of the county in which the person who committed the offense

resides or has an office to enjoin the person from engaging in the prohibited activity. The commissioner is not

required to give bond as a condition to the issuance of injunctive relief.

Sec. 2154.304. SEIZURE OF ILLEGAL FIREWORKS.

(a) The state fire marshal, a fire chief, a fire marshal, their deputies, or a peace officer may seize illegal

fireworks. Fireworks seized in the enforcement of this chapter shall be kept in the custody of the seizing agent or

the sheriff of the county in which the fireworks were seized.

(b) The owner of the seized fireworks may file an action contesting the seizure in a district court in the

county in which the fireworks were seized.

(c) Not later than the 30th day after the hearing on the seizure, the court may authorize the return of part or

all of the confiscated fireworks. The court shall order any fireworks not returned to be destroyed. If an action

contesting the seizure is not filed by the 30th day after the seizure, the seizing agent or the sheriff shall destroy the

fireworks.

53-7-202. Definitions.

As used in this part:

(1) “Agricultural and wildlife fireworks” means a class C dangerous explosive that:

(a) uses sound or light when deployed; and

(b) is designated to prevent crop damage or unwanted animals from entering a specified area.

(2) “Class A explosive” means a division 1.1 or 1.2 explosive as defined by the United States Department

of Transportation in Part 173, Title 49, Code of Federal Regulations.

(3) “Class B explosive” means a division 1.2 or 1.3G explosive as defined by the United States Department

of Transportation in Part 173, Title 49, Code of Federal Regulations.

(4) “Class C explosive” means a division 1.4G explosive as defined by the United States Department of

Transportation in Part 173, Title 49, Code of Federal Regulations.

(5) “Class C common state approved explosive” means a firework that:

(a) is purchased at retail for use by a consumer; and

(b) is not a Class C dangerous explosive.

(6)(a) “Class C dangerous explosive” means a class C explosive that is:

(i) a firecracker, cannon cracker, ground salute, M-80, cherry bomb, or other similar explosive;

(ii)(A) a skyrocket;

(B) a missile type rocket;

(C) a single shot, or reloadable aerial shell; or

(D) a rocket similar to one described in Subsections (6)(a)(ii)(A) through (C), including an aerial

salute, a flash shell, a comet, a mine, or a cake containing more than 500 grams of pyrotechnic composition; or

(iii)(A) a bottle rocket;

(B) a roman candle;

(C) a rocket mounted on a wire or stick; or

(D) a device containing a rocket described in this Subsection (6)(a)(iii).

(b) A “class C dangerous explosive” does not mean exempt explosives.

(7)(a) “Display fireworks” means large firework devices that consist of explosive materials that are

intended for use in outdoor aerial fireworks displays to produce visible or audible effects by combustion,

deflagration, or detonation.

(b) “Display fireworks” includes aerial shells, salutes, roman candles, flash shells, comets, mines, and other

similar explosives.

(8)(a) “Display operator” means a person licensed under Section 53-7-223 and who is responsible for site

selection, setting up, permits, overseeing assistants and support personnel, and discharging display fireworks

outdoors in situations where the audience maintains a specific distance separating it from the display fireworks

being discharged.

(b) “Display operator” does not mean a fire department.

(9) “Exempt explosive” means a model rocket, toy pistol cap, emergency signal flare, snake or glow worm,

party popper, trick noisemaker, match, and wire sparkler under 12 inches in length.

(10)(a) “Fireworks” means:

(i) class C explosives;

(ii) class C dangerous explosives; and

(iii) class C common state approved explosives.

(b) “Fireworks” does not mean:

(i) exempt explosives;

(ii) class A explosives; or

(iii) class B explosives.

(11) “Flame effects” means the combustion of flammable solids, liquids, or gases to produce thermal,

physical, visual, or audible phenomena before an audience.

(12)(a) “Flame effects operator” means a person licensed under Section 53-7-223 who, regarding flame

effects, is responsible for:

(i) storage, setup, operations, teardown, devices, equipment, overseeing assistants and support

personnel, and preventing accidental discharge; and

(ii) completion of the sequence of control system functions that release the fuel for ignition to

cause combustion and create the flame effects.

(b)(i) “Flame effects operator” does not include a person who participates in a meeting, as limited

under Subsection (12)(b)(ii), with other persons solely to receive training, to practice, or provide instruction

regarding flame effects performance.

(ii) A meeting under Subsection (12)(b)(i) may include a nonpaying and unsolicited audience of

not more than 25 persons.

(13) “Importer” means a person who brings class B or class C explosives into Utah for the general purpose

of:

(a) resale or use within the state; or

(b) exportation to other states.

(14)(a) “Pyrotechnic” means any composition or device manufactured or used to produce a visible or

audible effect by combustion, deflagration, or detonation.

(b) “Pyrotechnic” does not mean exempt explosives.

(15) “Retail seller” means a person who sells class C common state approved explosives to the public

during the period authorized under Section 53-7-225.

(16) “Special effects” means a visual or audible effect caused by chemical mixtures that produce a

controlled, self-sustaining, and self-controlled exothermic chemical reaction that results in heat, gas, sound, or light

and may also create an illusion.

(17) “Special effects operator” means a person licensed under Section 53-7-223 who is responsible for

setting up, permits, overseeing assistants and support personnel, analyzing potential hazards, setting clearances, and

discharging pyrotechnic devices, either indoor or outdoor, where the audience is allowed to be in closer proximity to

the pyrotechnic devices than the audience separation distance generally required for display fireworks.

(18) “Trick noisemaker” includes a:

(a) tube or sphere containing pyrotechnic composition that produces a white or colored smoke as its

primary effect when ignited; and

(b) device that produces a small report intended to surprise the user, including a:

(i) “booby trap,” which is a small tube with a string protruding from both ends that ignites the

friction sensitive composition in the tube when the string is pulled;

(ii) “snapper,” which is a small paper-wrapped device containing a minute quantity of explosive

composition coated on bits of sand that explodes producing a small report;

(iii) “trick match,” which is a kitchen or book match coated with a small quantity of explosive or

pyrotechnic composition that produces a small shower of sparks when ignited;

(iv) “cigarette load,” which is a small wooden peg coated with a small quantity of explosive

composition that produces a small report when ignited; and

(v) “auto burglar alarm,” which is a tube that:

(A) contains pyrotechnic composition that produces a loud whistle and smoke when ignited;

(B) may contain a small quantity of explosive to produce a small explosive noise; and

(C) is ignited by a squib.

(19) “Unclassified fireworks” means:

(a) a pyrotechnic device that is used, given away, or offered for sale, that has not been tested, approved, and

classified by the United States Department of Transportation;

(b) an approved device that has been altered or redesigned since obtaining approval by the United States

Department of Transportation; and

(c) a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler before receiving

approval by the United States Department of Transportation.

(20) “Wholesaler” means:

(a) a person who sells class C common state approved explosives to a retailer; or

(b) a person who sells class B explosives or class C dangerous explosives for display use.

53-7-220. Short title.

Sections 53-7-220 through 53-7-225 are known as the “Utah Fireworks Act.”

53-7-221. Exceptions from Utah Fireworks Act.

(1) Sections 53-7-220 through 53-7-225 do not apply to class A, class B, and class C explosives that are not

for use in Utah, but are manufactured, stored, warehoused, or in transit for destinations outside of Utah.

(2) Sections 53-7-220 through 53-7-225 do not supersede Section 23-13-7, regarding use of fireworks and

explosives by the Division of Wildlife Resources and federal game agents.

53-7-222. Restrictions on the sale or use of fireworks.

(1)(a) Except as provided in Subsection (1)(b), class C dangerous explosives may not be possessed,

discharged, sold, or offered for retail sale.

(b) (i) The following persons may purchase, possess, or discharge class C dangerous explosives:

(A) display operators and special effects operators who receive a license from the division in

accordance with Section 53-7-223 and approval from their local licensing authority in accordance with Section 11-3-

3.5; and

(B) operators approved by the Division of Wildlife Resources or Department of Agriculture and

Food to discharge agricultural and wildlife fireworks.

(ii) Importers and wholesalers licensed under Section 53-7-224 may possess, sell, and offer to sell

class C dangerous explosives.

(2) Unclassified fireworks may not be sold, or offered for sale.

53-7-224. Licensing importers and wholesalers-Fee.

The division shall:

(1) annually license each importer and wholesaler of pyrotechnic devices; and

(2) charge an annual license fee of $250.

53-7-225. Times for sale and discharge of fireworks.

(1) This section supercedes any other code provision regarding the sale or discharge of fireworks.

(2) A person may sell class C common state approved explosives in the state as follows:

(a) beginning on June 23 and ending on July 27;

(b) beginning on December 29 and ending on December 31; and

(c) two days before and on the Chinese New Year’s eve.

(3) Except as provided in Subsection (5), a county or municipality may not prohibit any person from

discharging class C common state approved explosives in the state as follows:

(a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the hours are 11 a.m. to

midnight:

(i) beginning on July 1 and ending on July 7; and

(ii) beginning on July 21 and ending on July 27;

(b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day; or

(ii) if New Year’s eve is on a Sunday and the local governmental jurisdiction determines to

celebrate New Year’s eve on the prior Saturday, then it is lawful to discharge Class C common state approved

explosives on that prior Saturday; and

(c) beginning at 11 a.m. on the Chinese New Year’s eve and ending at 1 a.m. on the following day.

(4) A person who violates the time restrictions stated in Subsection (3)(a), (b), or (c) is guilty of an

infraction.

(5) A county or municipality may prohibit any person from discharging class C common state approved

explosives:

(a) as provided in Subsection 15A-5-202.5(1)(c); or

(b) in accordance with a municipal ordinance prohibiting the negligent discharge of class C common state

approved explosives.

53-7-226. Violations — Misdemeanor.

A person is guilty of a class B misdemeanor if he:

(1) violates this part;

(2) violates any order made under this part;

(3) produces, reproduces, or uses the official seal of registration of the division in any manner or for any

purpose inconsistent with the designated purpose of the seal;

(4) removes, uses, or damages service tags or other labels or markings in a manner inconsistent with the

designated use of the service tag;

(5) engages in the sale, storage, or handling of class C fireworks without a permit where a local government

requires a permit;

(6) sells at retail, transports, possesses, or discharges class C dangerous explosives as defined in Section 53-

7-202;

(7) performs or intends to perform services or induces the public to enter into any obligation relating to the

performance of those services that are untrue, misleading, or reasonably known to be untrue or misleading; or

(8) builds in violation of the division’s plan review or written instructions conducted on building

specifications, building plans, or amendments of those specifications or plans as required under this part.

11-3-1. Short title.

This chapter is known as the “County and Municipal Fireworks Act.”

11-3-3.1. Definitions.

The definitions in Section 53-7-202 apply to this chapter.

11-3-3.5. Licensing of retail sellers of fireworks-Permit required-Fee, insurance, or bond.

(1)(a) A municipality or county may require a retail seller to obtain a license and pay a reasonable fee

before selling class C common state-approved explosives within the jurisdiction of that municipality or county.

(b) A municipality or county may not restrict the number of licenses to be issued under this section.

(2)(a) A municipality or county shall require:

(i) a permit to discharge all display fireworks, special effects, and flame effects performances; and

(ii) evidence that the display operator, special effects operator, or flame effects operator who will

set up and discharge the display has received a license from the State Fire Marshal Division, Department of Public

Safety.

(b) A municipality or county may require a fee, insurance, or a bond before issuing a permit under this

Subsection (2).

11-3-4. Enforcement-Seizure of fireworks sold unlawfully-Revocation of license.

(1) Each county and municipal officer charged with the enforcement of state and municipal laws, including

all fire enforcement officials and the State Fire Marshal Division of the Department of Public Safety, shall enforce

this chapter and Sections 53-7-220 through 53-7-225, Utah Fireworks Act.

(2) Any official charged with enforcing this chapter and the Utah Fireworks Act may:

(a) seize display fireworks, fireworks, and unclassified fireworks that are offered for sale, sold, or in the

possession of an individual in violation of this chapter or the Utah Fireworks Act; and

(b) recommend to the state fire marshal that each importer or wholesaler selling or offering to sell display

fireworks, fireworks, or unclassified fireworks in violation of this chapter or the Utah Fireworks Act have his license

revoked.

11-3-8. Conflicting local ordinances prohibited.

A county, city, or town may not adopt an ordinance or regulation in conflict with Sections 53-7-220

through 53-7-225.

11-3-11. Sale or use of unauthorized fireworks-Class B misdemeanor.

Any person who violates this chapter is guilty of a class B misdemeanor.

15A-5-303. Amendments and additions to NFPA related to manufacture, transportation, storage, and retail sales of

fireworks.

(1) For purposes of this section and subject to Subsection (2), the Utah Fire Prevention Board shall adopt

standards by rule for the retail sales of consumer fireworks, and in doing so, shall consider the applicable provisions

of NFPA 1124, Chapter 7, Retail Sales of Consumer Fireworks.

(2) NFPA 1124 Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic

Articles:

(a) In NFPA 1124, Chapter 7, Section 7.2, Special Limits for Retail Sales of Consumer Fireworks,

Subsection 7.2.8 is added as follows: “Display of Class C common state approved explosives inside of buildings

protected throughout with an automatic fire sprinkler system shall not exceed 25% of the area of the retail sales floor

or exceed 600 square feet, whichever is less.”

(b) In NFPA 1124, Chapter 7, Section 7.2, Special Limits for Retail Sales of Consumer Fireworks,

Subsection 7.2.9 is added as follows: “Rack storage of Class C common state approved explosives inside of

buildings is prohibited.”

(c) NFPA 1124, Chapter 7, Section 7.3.1, Exempt Amounts, Subsection 7.3.1.1, is deleted and rewritten as

follows: “Display of Class C common state approved explosives inside of buildings not protected with an automatic

fire sprinkler system shall not exceed 125 pounds of pyrotechnic composition.”

(d) NFPA 1124, Chapter 7, Section 7.3.15.2, Height of Sales Displays, Subsection 7.3.15.2.2, is amended

as follows: On line three delete “12 ft. (3.66m)” and replace it with “6 ft.”.

Enrolled Copy H.B. 38

1 FIREWORKS RESTRICTIONS

2 2018 GENERAL SESSION

3 STATE OF UTAH

4 Chief Sponsor: James A. Dunnigan

5 Senate Sponsor: Jani Iwamoto

6

7 LONG TITLE

8 General Description:

9 This bill amends provisions related to the permissible discharge of fireworks.

10 Highlighted Provisions:

11 This bill:

12 < amends and clarifies the dates on which a person may legally discharge fireworks;

13 < increases the criminal fine for discharging fireworks outside of permitted dates and

14 times;

15 < clarifies when a municipality may prohibit a person from discharging fireworks;

16 < increases the areas within which a municipality or the state forester may prohibit the

17 discharge of fireworks;

18 < in certain situations, requires local governments and the state forester to create and

19 provide maps identifying areas in which fireworks are prohibited due to hazardous

20 environmental conditions;

21 < requires retailers that sell fireworks to display:

22 C maps a county provides indicating areas within the county in which fireworks

23 are prohibited due to hazardous environmental conditions; and

24 C signs regarding permissible discharge dates and times and certain criminal

25 penalties;

26 < prohibits the state forester from limiting or restricting the discharge of fireworks

27 within municipal boundaries;

28 < imposes civil liability when certain fireworks discharge causes a fire; and

29 < makes technical and conforming changes.

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30 Money Appropriated in this Bill:

31 None

32 Other Special Clauses:

33 None

34 Utah Code Sections Affected:

35 AMENDS:

36 10-8-47, as last amended by Laws of Utah 2012, Chapter 140

37 11-3-8, as last amended by Laws of Utah 1993, Chapter 234

38 15A-5-202.5, as last amended by Laws of Utah 2016, Chapter 216

39 53-7-221, as enacted by Laws of Utah 1993, Chapter 234

40 53-7-225, as last amended by Laws of Utah 2016, Chapter 216

41 65A-8-212, as last amended by Laws of Utah 2013, Chapter 307

42 ENACTS:

43 53-7-225.1, Utah Code Annotated 1953

44

45 Be it enacted by the Legislature of the state of Utah:

46 Section 1. Section 10-8-47 is amended to read:

47 10-8-47. Intoxication — Fights — Disorderly conduct — Assault and battery — Petit

48 larceny — Riots and disorderly assemblies — Firearms and fireworks — False pretenses

49 and embezzlement — Sale of liquor, narcotics, or tobacco to minors — Possession of

50 controlled substances — Treatment of alcoholics and narcotics or drug addicts.

51 (1) A municipal legislative body may:

52 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,

53 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and

54 battery and petit larceny;

55 (b) [the municipal legislative body may] restrain riots, routs, noises, disturbances, or

56 disorderly assemblies in any street, house, or place in the city;

57 (c) [the municipal legislative body may] regulate and prevent the discharge of firearms,

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58 rockets, powder, fireworks in accordance with Section 53-7-225, or any other dangerous or

59 combustible material;

60 (d) [the municipal legislative body may] provide against and prevent the offense of

61 obtaining money or property under false pretenses and the offense of embezzling money or

62 property in all cases where the money or property embezzled or obtained under false pretenses

63 does not exceed in value the sum of $500; and

64 (e) [may] prohibit the sale, giving away, or furnishing of narcotics, alcoholic beverages

65 to a person younger than 21 years of age, or tobacco to any person younger than 19 years of

66 age[; cities may,].

67 (2) A city may:

68 (a) by ordinance, prohibit the possession of controlled substances as defined in the

69 Utah Controlled Substances Act or any other endangering or impairing substance, provided the

70 conduct is not a class A misdemeanor or felony[,]; and

71 (b) provide for treatment of alcoholics, narcotic addicts, and other persons who are

72 addicted to the use of drugs or intoxicants such that a person substantially lacks the capacity to

73 control the person’s use of the drugs or intoxicants, and judicial supervision may be imposed as

74 a means of effecting their rehabilitation.

75 Section 2. Section 11-3-8 is amended to read:

76 11-3-8. Conflicting local ordinances prohibited.

77 A county, city, [or] town, or metro township may not adopt an ordinance or regulation

78 in conflict with Sections 53-7-220 through 53-7-225.

79 Section 3. Section 15A-5-202.5 is amended to read:

80 15A-5-202.5. Amendments and additions to Chapters 3 and 4 of IFC.

81 (1) For IFC, Chapter 3, General Requirements:

82 (a) IFC, Chapter 3, Section 304.1.2, Vegetation, is amended as follows: Delete line six

83 and replace it with: “the Utah Administrative Code, R652-122-200, Minimum Standards for

84 Wildland Fire Ordinance”.

85 (b) IFC, Chapter 3, Section 310.8, Hazardous and Environmental Conditions, is deleted

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86 and rewritten as follows: “1. When the fire code official determines that existing or historical

87 hazardous environmental conditions necessitate controlled use of any ignition source, including

88 fireworks, lighters, matches, sky lanterns, and smoking materials, any of the following may

89 occur:

90 [1] 1.1. If the existing or historical hazardous environmental conditions exist in a

91 municipality, the legislative body of the municipality may prohibit the ignition or use of an

92 ignition source in:

93 1.1.1. mountainous, brush-covered, [or] forest-covered, or dry grass-covered areas [or];

94 1.1.2. within 200 feet of waterways, trails, canyons, washes, ravines, or similar areas;

95 1.1.3. the wildland urban interface area, which means the line, area, or zone where

96 structures or other human development meet or intermingle with undeveloped wildland or land

97 being used for an agricultural purpose[.]; or

98 1.1.4. a limited area outside the hazardous areas described in this paragraph 1.1 to

99 facilitate a readily identifiable closed area, in accordance with paragraph 2.

100 [2] 1.2. [Except as provided in paragraph 3, if the] If the existing or historical

101 hazardous environmental conditions exist in an unincorporated area, the state forester may

102 prohibit the ignition or use of an ignition source in all or part of the areas described in

103 paragraph [1] 1.1 that are within the unincorporated area, after consulting with the county fire

104 code official who has jurisdiction over that area.

105 [3] 1.3. If the existing or historical hazardous environmental conditions exist in a metro

106 township created under Title 10, Chapter 2a, Part 4, Incorporation of Metro Townships and

107 Unincorporated Islands in a County of the First Class[,] on and after May 12, 2015, the metro

108 township legislative body may prohibit the ignition or use of an ignition source in all or part of

109 the areas described in paragraph [1] 1.1 that are within the township.[“]

110 2. If a municipal legislative body, the state forester, or a metro township legislative

111 body closes an area to the discharge of fireworks under paragraph 1, the legislative body or

112 state forester shall:

113 2.1. designate the closed area along readily identifiable features like major roadways,

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114 waterways, or geographic features;

115 2.2. ensure that the boundary of the designated closed area is as close as is practical to

116 the defined hazardous area, provided that the closed area may include areas outside of the

117 hazardous area to facilitate a readily identifiable line; and

118 2.3. identify the closed area through a written description or map that is readily

119 available to the public.

120 3. A municipal legislative body, the state forester, or a metro township legislative body

121 may close a defined area to the discharge of fireworks due to a historical hazardous

122 environmental condition under paragraph 1 if the legislative body or state forester:

123 3.1. makes a finding that the historical hazardous environmental condition has existed

124 in the defined area before July 1 of at least two of the preceding five years;

125 3.2. produces a map indicating the boundaries, in accordance with paragraph 2, of the

126 defined area described; and

127 3.3. before May 1 of each year the defined area is closed, provides the map described

128 in paragraph 3.2 to the county in which the defined area is located.

129 4. A municipal legislative body, the state forester, or a metro township legislative body

130 may not close an area to the discharge of fireworks due to a historical hazardous environmental

131 condition unless the legislative body or state forester provides a map, in accordance with

132 paragraph 3.”

133 (c) IFC, Chapter 3, Section 311.1.1, Abandoned Premises, is amended as follows: On

134 line 10 delete the words “International Property Maintenance Code and the”.

135 (d) IFC, Chapter 3, Section 311.5, Placards, is amended as follows: On line three delete

136 the word “shall” and replace it with the word “may”.

137 (e) IFC, Chapter 3, Section 315.2.1, Ceiling Clearance, is amended to add the

138 following: “Exception: Where storage is not directly below the sprinkler heads, storage is

139 allowed to be placed to the ceiling on wall-mounted shelves that are protected by fire sprinkler

140 heads in occupancies meeting classification as light or ordinary hazard.”

141 (2) IFC, Chapter 4, Emergency Planning and Preparedness:

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142 (a) IFC, Chapter 4, Section 403.10.2.1, College and university buildings, is deleted and

143 replaced with the following:

144 “403.10.2.1 College and university buildings and fraternity and sorority houses.

145 (a) College and university buildings, including fraternity and sorority houses, shall

146 prepare an approved fire safety and evacuation plan, in accordance with Section 404.

147 (b) Group R-2 college and university buildings, including fraternity and sorority

148 houses, shall comply with Sections 403.10.2.1.1 and 403.10.2.1.2.”

149 (b) IFC, Chapter 4, Section 405.2, Table 405.2, is amended to add the following

150 footnotes:

151 (i) “e. Secondary schools in Group E occupancies shall have an emergency evacuation

152 drill for fire conducted at least every two months, to a total of four emergency evacuation drills

153 during the nine-month school year. The first emergency evacuation drill for fire shall be

154 conducted within 10 school days after the beginning of classes. The third emergency

155 evacuation drill for fire, weather permitting, shall be conducted 10 school days after the

156 beginning of the next calendar year. The second and fourth emergency evacuation drills may

157 be substituted by a security or safety drill to include shelter in place, earthquake drill, or lock

158 down for violence. If inclement weather causes a secondary school to miss the 10-day deadline

159 for the third emergency evacuation drill for fire, the secondary school shall perform the third

160 emergency evacuation drill for fire as soon as practicable after the missed deadline.”

161 (ii) “f. In Group E occupancies, excluding secondary schools, if the AHJ approves, the

162 monthly required emergency evacuation drill can be substituted by a security or safety drill to

163 include shelter in place, earthquake drill, or lock down for violence. The routine emergency

164 evacuation drill for fire must by conducted at least every other evacuation drill.”

165 (iii) “g. A-3 occupancies in academic buildings of institutions of higher learning are

166 required to have one emergency evacuation drill per year, provided the following conditions are

167 met:

168 (A) The building has a fire alarm system in accordance with Section 907.2.

169 (B) The rooms classified as assembly shall have fire safety floor plans as required in

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170 Subsection 404.2.2(4) posted.

171 (C) The building is not classified a high-rise building.

172 (D) The building does not contain hazardous materials over the allowable quantities by

173 code.”

174 Section 4. Section 53-7-221 is amended to read:

175 53-7-221. Exceptions from Utah Fireworks Act.

176 (1) Sections 53-7-220 through 53-7-225 do not apply to class A, class B, and class C

177 explosives that are not for use in Utah, but are manufactured, stored, warehoused, or in transit

178 for destinations outside of Utah.

179 (2) Sections 53-7-220 through 53-7-225 do not supersede Section 23-13-7, regarding

180 use of fireworks and explosives by the Division of Wildlife Resources and federal game agents.

181 (3) Section 53-7-225 does not supersede Section 65A-8-212 regarding the authority of

182 the state forester to close hazardous areas.

183 Section 5. Section 53-7-225 is amended to read:

184 53-7-225. Times for sale and discharge of fireworks — Criminal penalty —

185 Permissible closure of certain areas — Maps and signage.

186 (1) [This] Except as provided in Section 53-7-221, this section [supercedes] supersedes

187 any other code provision regarding the sale or discharge of fireworks.

188 (2) A person may sell class C common state approved explosives in the state as

189 follows:

190 (a) beginning on June [23] 24 and ending on July [27] 25;

191 (b) beginning on December 29 and ending on December 31; and

192 (c) two days before and on the Chinese New Year’s eve.

193 (3) [Except as provided in Subsection (5), a county or municipality may not prohibit

194 any person from discharging] A person may not discharge class C common state approved

195 explosives in the state except as follows:

196 (a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the

197 hours are 11 a.m. to midnight:

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198 (i) beginning on July [1] 2 and ending on July [7] 5; and

199 (ii) beginning on July [21] 22 and ending on July [27] 25;

200 (b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;

201 or

202 (ii) if New Year’s eve is on a Sunday and the [local governmental jurisdiction] county,

203 municipality, or metro township determines to celebrate New Year’s eve on the prior Saturday,

204 then [it is lawful to discharge Class] a person may discharge class C common state approved

205 explosives on that prior Saturday within the county, municipality, or metro township; and

206 (c) beginning at 11 a.m. on the Chinese New Year’s eve and ending at 1 a.m. on the

207 following day.

208 (4) A person [who violates the time restrictions stated in Subsection (3)(a), (b), or (c)]

209 is guilty of an infraction[.], punishable by a fine of up to $1,000, if the person discharges a

210 class C common state approved explosive:

211 (a) outside the legal discharge dates and times described in Subsection (3); or

212 (b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).

213 (5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro

214 township, or the state forester may not prohibit a person from discharging class C common

215 state approved explosives during the permitted periods described in Subsection (3).

216 (b) (i) As used in this Subsection (5)(b), “negligent discharge”:

217 (A) means the improper use and discharge of a class C common state approved

218 explosive; and

219 (B) does not include the date or location of discharge or the type of explosive used.

220 [(5)] (ii) A [county or] municipality or metro township may prohibit [any person from

221 discharging]:

222 (A) the discharge of class C common state approved explosives[: (a) as provided] in

223 certain areas with hazardous environmental conditions, in accordance with Subsection

224 15A-5-202.5(1)(b); or

225 [(b) in accordance with a municipal ordinance prohibiting]

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226 (B) the negligent discharge of class C common state approved explosives.

227 (iii) A county may prohibit the negligent discharge of class C common state approved

228 explosives.

229 (c) The state forester may prohibit the discharge of class C common state approved

230 explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.

231 (6) If a municipal legislative body, the state forester, or a metro township legislative

232 body provides a map to a county identifying an area in which the discharge of fireworks is

233 prohibited due to a historical hazardous environmental condition under Subsection

234 15A-5-202.5(1)(b), the county shall, before June 1 of that same year:

235 (a) create a county-wide map, based on each map the county has received, indicating

236 each area within the county in which fireworks are prohibited under Subsection

237 15A-5-202.5(1)(b);

238 (b) provide the map described in Subsection (6)(a) to:

239 (i) each retailer that sells fireworks within the county; and

240 (ii) the state fire marshal; and

241 (c) publish the map on the county’s website.

242 (7) A retailer that sells fireworks shall display:

243 (a) a sign that:

244 (i) is clearly visible to the general public in a prominent location near the point of sale;

245 (ii) indicates the legal discharge dates and times described in Subsection (3); and

246 (iii) indicates the criminal charge and fine associated with discharge:

247 (A) outside the legal dates and times described in Subsection (3); and

248 (B) within an area in which fireworks are prohibited under Subsection

249 15A-5-202.5(1)(b); and

250 (b) the map that the county provides, in accordance with Subsection (6)(b).

251 Section 6. Section 53-7-225.1 is enacted to read:

252 53-7-225.1. Civil liability.

253 (1) (a) An individual who negligently, recklessly, or intentionally causes or spreads a

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254 fire through discharge of a class C explosive is liable for the cost of suppressing that fire and

255 any damages the fire causes.

256 (b) If the individual described in Subsection (1)(a) is a minor, the parent or legal

257 guardian having legal custody of the minor is liable for the costs and damages for which the

258 minor is liable under this section.

259 (c) A court may waive part or all of the parent or guardian’s liability for damages under

260 Subsection (1)(b) if the court finds:

261 (i) good cause; and

262 (ii) that the parent or legal guardian:

263 (A) made a reasonable effort to supervise and direct the minor; or

264 (B) in the event the parent or guardian knew in advance of the negligent, reckless, or

265 intentional conduct described in Subsection (1)(a), made a reasonable effort to restrain the

266 minor.

267 (2) (a) The conduct described in Subsection (1) includes any negligent, reckless, or

268 intentional conduct, regardless of whether:

269 (i) the person discharges a class C common state approved explosive:

270 (A) within the permitted time periods described in Subsection 53-7-225(3); or

271 (B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or

272 (c); or

273 (ii) the fire begins on:

274 (A) private land;

275 (B) land owned by the state or a political subdivision of the state;

276 (C) federal land; or

277 (D) tribal land.

278 (b) Discharging a class C explosive in an area in which fireworks are prohibited due to

279 hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b),

280 constitutes the negligent, reckless, or intentional conduct described in Subsection (1).

281 (3) A person who incurs costs to suppress a fire described in Subsection (1) may bring

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282 an action under this section to recover those costs against an individual described in Subsection

283 (1).

284 (4) A person who suffers damage from a fire described in Subsection (1) may:

285 (a) bring an action under this section for those damages against an individual described

286 in Subsection (1); and

287 (b) pursue all other legal remedies in addition to seeking damages under Subsection

288 (4)(a).

289 Section 7. Section 65A-8-212 is amended to read:

290 65A-8-212. Power of state forester to close hazardous areas — Violations of an

291 order closing an area.

292 (1) (a) If the state forester finds conditions in a given area in the state to be extremely

293 hazardous, “extremely hazardous” means categorized as “extreme” under a nationally

294 recognized standard for rating fire danger, he shall close those areas to any forms of use by the

295 public, or to limit that use, except as provided in Subsection (5).

296 (b) The closure shall include, for the period of time the state forester considers

297 necessary, the prohibition of open fires, and may include restrictions and prohibitions on:

298 (i) smoking;

299 (ii) the use of vehicles or equipment;

300 (iii) welding, cutting, or grinding of metals;

301 (iv) subject to Subsection (5), fireworks;

302 (v) explosives; or

303 (vi) the use of firearms for target shooting.

304 (c) Any restriction or closure relating to firearms use:

305 (i) shall be done with support of the duly elected county sheriff of the affected county

306 or counties;

307 (ii) shall undergo a formal review by the State Forester and County Sheriff every 14

308 days; and

309 (iii) may not prohibit a person from legally possessing a firearm or lawfully

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310 participating in a hunt.

311 (d) The State Forester and County Sheriff shall:

312 (i) agree to the terms of any restriction or closure relating to firearms use;

313 (ii) reduce the agreement to writing;

314 (iii) sign the agreement indicating approval of its terms and duration; and

315 (iv) complete the steps in Subsections (1)(d)(i) through (d)(iii) at each 14 day review

316 and at termination of the restriction or closure.

317 (2) Nothing in this chapter prohibits any resident within the area from full and free

318 access to his home or property, or any legitimate use by the owner or lessee of the property.

319 (3) The order or proclamation closing or limiting the use in the area shall set forth:

320 (a) the exact area coming under the order;

321 (b) the date when the order becomes effective; and

322 (c) if advisable, the authority from whom permits for entry into the area may be

323 obtained.

324 (4) Any entry into or use of any area in violation of this section is a class B

325 misdemeanor.

326 (5) The state forester may not restrict or prohibit the discharge of fireworks within the

327 municipal boundaries of a city, town, or metro township.

Title 20: Internal Security and Public Safety Chapter 177: EXPLOSIVES AND FIREWORKS

3131. Definitions

The term “fireworks” means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, including blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons that are propelled by explosives, firecrackers, torpedoes, sky rockets, Roman candles, cherry bombs, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except sparklers. The term “fireworks” does not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing 0.25 grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistol paper caps that contain less than 0.2 grains

of explosive mixture. The term “fireworks” does not include fixed ammunition for firearms, or primers for firearms. The term “sparkler” means a sparkling item that is in compliance with the United States Consumer Product Safety Commission regulations and is one of the following:

(1) A hand-held wire or wood sparkler that is less than 14 inches and has no more than 20 grams of pyrotechnic mixture.

(2) A snake, party popper, glow worm, smoke device, string popper, snapper, or drop pop with no more than 0.25 grains of explosive mixture.

3132. Prohibitions; permits

(a) Except as provided in this section, it shall be unlawful for any person, firm, co-partnership, or corporation to do any of the following:

(1) Offer for sale, expose for sale, sell at retail or wholesale, or possess fireworks unless the person has been issued a permit by both the U.S. Bureau of Alcohol, Tobacco, and Firearms and the municipality in which the person offers for sale and stores the fireworks.

(2) Use, possess, or explode any fireworks unless the person has been issued a permit to display fireworks pursuant to subsection (c) of this section.

(3) Transport fireworks except in interstate commerce.

(4) Offer for sale or sell hand-held sparklers as described in subdivision 3131(1) of this title to a minor.

(5) Offer for sale or sell sparklers that are not in compliance with the United States Consumer Product Safety Commission regulations.

(b) The state fire marshal shall have power to adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals.

(c) Any display for which a permit is issued shall be handled by a competent operator to be approved by the chiefs of police and fire departments of the municipality in which the display is to be held and shall be of a character, and so located, discharged or fired as, in the opinion of the chief of the fire department, or in a municipality with no fire department, the selectboard, after proper inspection, shall not be hazardous to property or endanger any person or persons.

(d) Application for permits shall be made to the chief of the fire department, or in municipalities with no fire department, the selectboard, in writing, at least 15 days in advance of the date of the display. After the permit has been granted, sales, possessions, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted under this section shall be transferable.

3133. Permitted uses

(a) Nothing in this subchapter shall be construed to prohibit: the use of fireworks by railroads, other transportation agencies, or law enforcement officers for signal purposes or illumination; the sale or use of blank cartridges for a show or theatre, for signal or ceremonial purposes in athletics or sports, or for use by military organizations; the use of explosives for blasting or similar purposes; the use of fireworks by farmers to control birds in crops.

(b) The state fire marshal shall have the power to adopt reasonable rules for the importation, sale, purchase and use of fireworks to be used solely for the purpose of frightening birds from crops. Application for permits for importation, purchase and use by farmers shall be made to the board of selectmen or town fire wardens of the town in which the farmer intends to use such fireworks for the sole purpose of frightening birds from crops. Permits shall be issued for such use only, at such times and such locations, as to present no fire or safety hazard within the area.

3134. Seizure

The state fire marshal, his deputy, a state police, a sheriff, a deputy sheriff, police officer or constable may seize such articles held by a person in violation of this subchapter and hold the same subject to the order of the court taking jurisdiction of the offense.

3135. Penalties

Any person, firm, co-partnership, or corporation that:

(1) Violates this subchapter shall be guilty of a misdemeanor and subject to a fine of not more than $100.00 for each violation or imprisoned for not more than 30 days or both.

(2) Presents an indoor firework display without first receiving a permit as required in this subchapter shall be guilty of a misdemeanor and shall be subject to a fine of not more than $5,000.00 or imprisonment of not more than one year, or both.

27-94. Short title.

This chapter may be cited as the “Virginia Statewide Fire Prevention Code Act.”

27-95. Definitions.

As used in this chapter, unless the context or subject matter requires otherwise, the following words or terms shall have the meaning herein ascribed to them:

“Board” means the Board of Housing and Community Development.

“Code provisions” means the provisions of the Fire Prevention Code as adopted and promulgated by the Board, and the amendments thereof as adopted and promulgated from time to time by such Board.

“Enforcement agency” means the agency or agencies of any local governing body or the State Fire Marshal charged with the administration or enforcement of the Fire Prevention Code.

“Fire Prevention Code” or “Code” means the Statewide Fire Prevention Code.

“Fire prevention regulation” means any law, rule, resolution, regulation, ordinance or code, general or special, or compilation thereof to safeguard life and property from the hazards of fire or explosion arising from the improper maintenance of life safety and fire prevention and protection materials, devices, systems and structures, and the unsafe storage, handling and use of substances, materials and devices, including explosives and blasting agents, wherever located, heretofore or hereafter enacted or adopted by the Commonwealth or any county or municipality, including departments, boards, bureaus, commissions or other agencies.

“Fire Services Board” means the Virginia Fire Services Board as provided for in § 9.1-202.

“Fireworks” means any firecracker, torpedo, skyrocket, or other substance or object, of whatever form or construction, that contains any explosive or inflammable compound or substance, and is intended, or commonly known as fireworks, and which explodes, rises into the air or travels laterally, or fires projectiles into the air.

“Fireworks operator” or “pyrotechnician” means any person engaged in the design, setup, and firing of any fireworks other than permissible fireworks either inside a building or structure or outdoors.

“Inspection warrant” means an order in writing, made in the name of the Commonwealth, signed by any judge or magistrate whose territorial jurisdiction encompasses the building, structure or premises to be inspected or entered, and directed to a state or local official, commanding him to enter and to conduct any inspection, examination, testing or collection of samples for testing required or authorized by the Virginia Statewide Fire Prevention Code.

“Local government” means the governing body of any city, county or town in this Commonwealth.

“Permissible fireworks” means any sparklers, fountains, Pharaoh’s serpents, caps for pistols, or pinwheels commonly known as whirligigs or spinning jennies.

“State Fire Marshal” means the State Fire Marshal as provided for by § 9.1-206.

27-96. Statewide standards.

The purposes of this chapter are to provide for statewide standards for optional local enforcement to safeguard life and property from the hazards of fire or explosion arising from the improper maintenance of life safety and fire prevention and protection materials, devices, systems and structures, and the unsafe storage, handling, and use of substances, materials and devices, including fireworks, explosives and blasting agents, wherever located.

27-96.1. Chapter inapplicable to certain uses of fireworks.

Unless prohibited by a local ordinance, the provisions of this chapter pertaining to fireworks shall not apply to the sale of or to any person using, igniting or exploding permissible fireworks on private property with the consent of the owner of such property.

27-97. Adoption of Fire Prevention Code.

The Board of Housing and Community Development is hereby empowered to adopt and promulgate a Statewide Fire Prevention Code which shall be cooperatively developed with the Fire Services Board pursuant to procedures agreed to by the two Boards. The Fire Prevention Code shall prescribe regulations to be complied with for the protection of life and property from the hazards of fire or explosion and for the handling, storage, sale and use of fireworks, explosives or blasting agents, and shall provide for the administration and enforcement of such regulations. The Fire Prevention Code shall require manufacturers of fireworks or explosives, as defined in the Code, to register and report information concerning their manufacturing facilities and methods of operation within

the Commonwealth in accordance with regulations adopted by the Board. In addition to conducting criminal background checks pursuant to § 27-97.2, the Board shall also establish regulations for obtaining permits for the manufacturing, storage, handling, use, or sales of fireworks or explosives. In the enforcement of such regulations, the enforcing agency may issue annual permits for such activities to any state regulated public utility. Such permits shall not apply to the storage, handling, or use of explosives or blasting agents pursuant to the provisions of Title 45.1.

The Fire Prevention Code shall prohibit any person, firm, or corporation from transporting, manufacturing, storing, selling, offering for sale, exposing for sale, or buying, using, igniting, or exploding any fireworks except for those persons, firms, or corporations that manufacture, store, market and distribute fireworks for the sole purpose of fireworks displays permitted by an enforcement agency or by any locality.

The Fire Prevention Code shall supersede fire prevention regulations heretofore adopted by local governments or other political subdivisions. Local governments are hereby empowered to adopt fire prevention regulations that are more restrictive or more extensive in scope than the Fire Prevention Code provided such regulations do not affect the manner of construction, or materials to be used in the erection, alteration, repair, or use of a building or structure, including the voluntary installation of smoke alarms and regulation and inspections thereof in commercial buildings where such smoke alarms are not required under the provisions of the Code. The Fire Prevention Code shall prohibit any person not certified by the State Fire Marshal’s Office as a fireworks operator or pyrotechnician to design, set up, or conduct or supervise the design, setup, or conducting of any fireworks display, either inside a building or structure or outdoors and shall require that at least one person holding a valid certification is present at the site where the fireworks display is being conducted. Certification shall not be required for the design, storage, sale, use, conduct, transportation, and set up of permissible fireworks or the supervision thereof or in connection with any fireworks display conducted by a volunteer fire department provided one member of the volunteer fire department holds a valid certification.

In formulating the Fire Prevention Code, the Board shall have due regard for generally accepted standards as recommended by nationally recognized organizations including, but not limited to, standards of the International Code Council, the National Fire Protection Association, and recognized organizations issuing standards for the protection of the public from the hazards of explosives and blasting agents. Such standards shall be based on the companion document to the model building code referenced by the Uniform Statewide Building Code.

The Fire Prevention Code shall require that buildings constructed prior to 1973 be maintained in accordance with state fire and public building regulations in effect prior to March 31, 1986, and that any building which is (i) more than 75 feet or more than six stories high and (ii) used, in whole or in part, as a dormitory to house students by any public or private institution of higher education shall be required to comply with the provisions of § 36-99.3. The Fire Prevention Code shall also require annual fire drills in all buildings having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access. The drills shall be conducted by building staff personnel or the owner of the building in accordance with a plan approved by the appropriate fire official and shall not affect other current occupants. The Board may modify, amend or repeal any Code provisions as the public interest requires. Any such Code changes shall be developed in cooperation with the Fire Services Board pursuant to procedures agreed to by the two Boards.

27-97.1. Reports of stolen explosives.

Any person holding a permit for the manufacture, storage, handling, use or sale of explosives issued in accordance with the provisions of the Code shall report to the office of the chief arson investigator for the Commonwealth as well as the chief local law-enforcement official any theft or other unauthorized taking or disappearance of any explosives or blasting devices from their inventory. An initial verbal report shall be made within three days of the discovery of the taking or disappearance. A subsequent written report shall be filed within such time, and in such form, as is specified by the chief arson investigator.

Failure to comply with the provisions of this section shall constitute a Class 1 misdemeanor punishable by the same penalties applicable to violations of the Fire Prevention Code.

27-97.2. Issuance of permit; background investigations.

A. The State Fire Marshal or other issuing authority shall consider all permit applications for manufacturing, storage, handling, use or sales of explosives and applications for certification as a blaster or as a fireworks operator or pyrotechnician, and may grant a valid permit or certification to applicants who meet the criteria established in the Statewide Fire Prevention Code. The State Fire Marshal shall require a background investigation, to include a national criminal history record information check, of all individual applicants and all designated persons representing an applicant that is not an individual, for a permit to manufacture, store, handle, use

or sell explosives, and for any applicant for certification as a blaster or as a fireworks operator or pyrotechnician. Each such applicant shall submit his fingerprints to the State Fire Marshal on a form provided by the State Fire Marshal and provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record check regarding such applicant. Any firm or company manufacturing, storing, using, or selling explosives shall provide to the enforcement agency, the State Fire Marshal or other issuing authority the name of a representative responsible for (i) ensuring compliance with state law and regulations relating to blasting agents and explosives and (ii) applying for permits. The State Fire Marshal or other issuing authority shall deny any application for a permit or for certification as a blaster or as a fireworks operator or pyrotechnician if the applicant or designated person representing an applicant has been convicted of any felony, whether such conviction occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, unless his civil rights have been restored by the Governor or other appropriate authority. The provisions of this section shall not apply to the manufacturing, storage, handling, use or sales of permissible fireworks or in connection with any fireworks display conducted by a volunteer fire department provided one member of the volunteer fire department holds a valid certification.

B. No permit under this section shall be required of any person holding a certification or permit issued pursuant to the provisions of Title 45.1.

27-98. Enforcement of Fire Prevention Code; appeals from decisions of local enforcing agencies; inspection of buildings.

Any local government may enforce the Fire Prevention Code in its entirety or with respect only to those provisions of the Fire Prevention Code relating to open burning, fire lanes, fireworks, and hazardous materials. If a local governing body elects to enforce only those provisions of the Fire Prevention Code relating to open burning, it may do so in all or in any designated geographic areas of its jurisdiction. The State Fire Marshal shall also have the authority, in cooperation with any local governing body, to enforce the Code. The State Fire Marshal shall also have authority to enforce the Code in those jurisdictions in which the local governments do not enforce the Code and may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code in such jurisdictions. In addition, subject to the approval of the Board of Housing and Community Development, the State Fire Marshal may charge a fee to recover the actual cost of administering and enforcing the Code in jurisdictions for which he serves as the enforcement authority. No fee may be charged for the inspection of any school. The local governing body of any jurisdiction that enforces the Code may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code. Appeals concerning the application of the Code by the local enforcing agency shall first lie to a local board of appeals and then to the State Building Code Technical Review Board. Appeals from the application of the Code by the State Fire Marshal shall be made directly to the State Building Code Technical Review Board as provided in Article 2 (§ 36-108 et seq.) of Chapter 6 of Title 36. Fees may be levied by the local governing body in order to defray the cost of such enforcement and appeals. Any local fire code may provide for an appeal to a local board of appeals. If no local board of appeals exists, the State Building Code Technical Review Board shall hear appeals of any local fire code violation.

27-98.1. Inspections of buildings, structures, properties and premises.

In order to carry out the purposes of the Code and any regulations or standards adopted in pursuance thereof, the local fire official, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized, with the consent of the owner, operator, or agent in charge to enter a building, structure, property or premises for the purpose of conducting an inspection, examination, testing, or collection of samples for testing, during regular working hours and at other reasonable times, and in a reasonable manner, to determine if the building, structures, systems, machines, apparatus, devices, equipment, and materials stored, used or handled, and all pertinent conditions therein, are in compliance with the requirements, regulations or standards set forth in the Code.

27-98.2. Issuance of warrant.

Search warrants for inspections or reinspection of buildings, structures, property, or premises subject to inspections pursuant to the Code, to determine compliance with regulations or standards set forth in the Code, shall be based upon a demonstration of probable cause and supported by affidavit. Such inspection warrants may be issued by any judge or magistrate having authority to issue criminal warrants whose territorial jurisdiction encompasses the building, structure, property or premises to be inspected or entered, if he is satisfied from the affidavit that there is probable cause for the issuance of an inspection warrant. No inspection warrant shall be issued

pursuant to this chapter except upon probable cause, supported by affidavit, particularly describing the place, thing or property to be inspected, examined or tested and the purpose for which the inspection, examination, testing or collection of samples for testing is to be made. Probable cause shall be deemed to exist if such inspection, examination, testing or collection of samples for testing are necessary to ensure compliance with the Fire Prevention Code for the protection of life and property from the hazards of fire or explosion. The supporting affidavit shall contain either a statement that consent to inspect, examine, test or collect samples for testing has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent in order to enforce effectively the fire safety laws, regulations or standards of the Commonwealth which authorize such inspection, examination, testing or collection of samples for testing. In the case of an inspection warrant based upon legislative or administrative standards for selecting buildings, structures, property or premises for inspections, the affidavit shall contain factual allegations sufficient to justify an independent determination by the judge or magistrate that the inspection program is based on reasonable standards and that the standards are being applied to a particular place in a neutral and fair manner. The issuing judge or magistrate may examine the affiant under oath or affirmation to verify the accuracy of any matter in the affidavit.

27-98.3. Duration of warrant.

An inspection warrant shall be effective for the time specified therein, for a period of not more than seven days, unless extended or renewed by the judicial officer who signed and issued the original warrant. The judicial officer may extend or renew the inspection warrant upon application for extension or renewal setting forth the results which have been obtained or a reasonable explanation of the failure to obtain such results. The extension or renewal period of the warrant shall not exceed seven days. The warrant shall be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. The return shall list any samples taken pursuant to the warrant. After the expiration of such time, the warrant, unless executed, shall be void.

27-98.4. Conduct of inspections, examinations, testing, or collection of samples.

No warrant shall be executed in the absence of the owner, operator or agent in charge of the particular building, structure, property or premises unless specifically authorized by the issuing judicial officer upon showing that such authority is reasonably necessary to effect the purposes of a statute or regulation being enforced. An entry pursuant to this warrant shall not be made forcibly, except that the issuing officer may expressly authorize a forcible entry (i) where facts are shown sufficient to create a reasonable suspicion of an immediate threat to an occupant of the particular building, structure, property, or premises, or, to the general safety and welfare of the public, or, to adjacent buildings, structures, properties or premises, or (ii) where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. If forcible entry is authorized, the warrant shall be issued jointly to the fire official and to a law-enforcement officer who shall accompany the fire official during the execution.

27-98.5. Review by courts.

A. No court of the Commonwealth shall have jurisdiction to hear a challenge to the warrant prior to its return to the issuing judge or magistrate except as a defense in a contempt proceeding, unless the owner or custodian of the building, structure, property or premises to be inspected makes by affidavit a substantial preliminary showing accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in his affidavit for the inspection warrant and (ii) the false statement was necessary to the finding of probable cause. The court shall conduct such expeditious in camera view as the court may deem appropriate.

B. After the warrant has been executed and returned to the issuing judge, the validity of the warrant may be reviewed either as a defense to any citation issued by the fire official or otherwise by declaratory judgment action brought in a circuit court. In any such action, the review shall be confined to the face of the warrant and affidavits and supporting materials presented to the issuing judge unless the owner, operator, or agent in charge of whose building, structure, property or premises has been inspected makes a substantial showing by affidavit accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was made in support of the warrant and (ii) the false statement was necessary to the finding of probable cause. The review shall only determine whether there is substantial evidence in the record supporting the decision to issue the warrant.

27-99. State buildings.

The Fire Prevention Code shall be applicable to all state-owned buildings and structures. Every agency, commission or institution, including all institutions of higher education, of the Commonwealth shall permit, at all reasonable hours, a local fire official reasonable access to existing structures or a structure under construction or renovation, for the purposes of performing an informational and advisory fire safety inspection. The local fire official may submit, subsequent to performing such inspection, his findings and recommendations including a list of corrective actions necessary to ensure that such structure is reasonably safe from the hazards of fire to the appropriate official of such agency, commission, or institution and the State Fire Marshal. Such agency, commission or institution shall notify, within 60 days of receipt of such findings and recommendations, the State Fire Marshal and the local fire official of the corrective measures taken to eliminate the hazards reported by the local fire official. The State Fire Marshal shall have the same power in the enforcement of this section as is provided for in § 27-98.

The State Fire Marshal may enter into an agreement as is provided for in § 9.1-207 with any local enforcement agency that enforces the Fire Prevention Code to enforce this section and to take immediate enforcement action upon verification of a complaint of an imminent hazard such as a chained or blocked exit door, improper storage of flammable liquids, use of decorative materials and overcrowding.

27-100. Violation a misdemeanor.

It shall be unlawful for any owner or any other person, firm, or corporation, on or after the effective date of any Code provisions, to violate any provisions of the Fire Prevention Code. Any such violation shall be deemed a Class 1 misdemeanor, and any owner, or any other person, firm, or corporation convicted of such violation shall be punished in accordance with the provisions of § 18.2-11.

27-100.1. Seizure and destruction of certain fireworks.

Any law-enforcement officer arresting any person for a violation of this chapter related to fireworks shall seize any article of fireworks in the possession or under the control of the person so arrested and shall hold the same until final disposition of any criminal proceedings against such person. If a judgment of conviction be entered against such person, the court shall order destruction of such articles upon expiration of the time allowed for appeal of such judgment of conviction.

27-101. Injunction upon application.

Every court having jurisdiction under existing or any future law is empowered to and shall, upon the application of the local enforcing agency or State Fire Marshal, issue either a mandatory or restraining injunction in aid of the enforcement of, or in prevention of the violation of, any of the provisions of this law or any valid rule or regulation made in pursuance thereof. The procedure for obtaining any such injunction shall be in accordance with the laws then current governing injunctions generally except that the enforcing agency shall not be required to give bond as a condition precedent to obtaining an injunction.

70.77.111 Intent.

The legislature declares that fireworks, when purchased and used in compliance with the laws of the state of Washington, are legal. The legislature intends that this chapter is regulatory only, and not prohibitory.

70.77.120 Definitions-To govern chapter.

The definitions set forth in this chapter shall govern the construction of this chapter, unless the context otherwise requires.

70.77.124 Definitions-“City.”

“City” means any incorporated city or town.

70.77.126 Definitions-“Fireworks.”

“Fireworks” means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks.

70.77.131 Definitions-“Display fireworks.”

“Display fireworks” means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks” and are classified as fireworks UN0333, UN0334, or UN0335 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and including fused setpieces containing components which exceed 50 mg of salute powder.

70.77.136 Definitions-“Consumer fireworks.”

“Consumer fireworks” means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States consumer product safety commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and not including fused setpieces containing components which together exceed 50 mg of salute powder.

70.77.138 Definitions-“Articles pyrotechnic.”

“Articles pyrotechnic” means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002.

70.77.141 Definitions-“Agricultural and wildlife fireworks.”

“Agricultural and wildlife fireworks” includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States department of the interior or an equivalent state or local governmental agency.

70.77.146 Definitions-“Special effects.”

“Special effects” means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment.

70.77.160 Definitions-“Public display of fireworks.”

“Public display of fireworks” means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks.

70.77.165 Definitions-“Fire nuisance.”

“Fire nuisance” means anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay, or a hindrance to the prevention or extinguishment of fire.

70.77.170 Definitions-“License.”

“License” means a nontransferable formal authorization which the chief of the Washington state patrol, through the director of fire protection, is authorized to issue under this chapter to allow a person to engage in the act specifically designated therein.

70.77.175 Definitions-“Licensee.”

“Licensee” means any person issued a fireworks license in conformance with this chapter.

70.77.177 Definitions-“Local fire official.”

“Local fire official” means the chief of a local fire department or a chief fire protection officer or such other person as may be designated by the governing body of a city or county to act as a local fire official under this chapter.

70.77.180 Definitions-“Permit.”

“Permit” means the official authorization granted by a city or county for the purpose of establishing and maintaining a place within the jurisdiction of the city or county where fireworks are manufactured, constructed, produced, packaged, stored, sold, or exchanged and the official authorization granted by a city or county for a public display of fireworks.

70.77.182 Definitions-“Permittee.”

“Permittee” means any person issued a fireworks permit in conformance with this chapter.

70.77.190 Definitions-“Person.”

“Person” includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

70.77.200 Definitions-“Importer.”

“Importer” includes any person who for any purpose other than personal use:

(1) Brings fireworks into this state or causes fireworks to be brought into this state;

(2) Procures the delivery or receives shipments of any fireworks into this state; or

(3) Buys or contracts to buy fireworks for shipment into this state.

70.77.205 Definitions-“Manufacturer.”

“Manufacturer” includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets or packages containing consumer fireworks items.

70.77.210 Definitions-“Wholesaler.”

“Wholesaler” includes any person who sells fireworks to a retailer or any other person for resale and any person who sells display fireworks to public display licensees.

70.77.215 Definitions-“Retailer.”

“Retailer” includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user.

70.77.230 Definitions-“Pyrotechnic operator.”

“Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging display fireworks.

70.77.236 Definitions-“New fireworks item.”

(1) “New fireworks item” means any fireworks initially classified or reclassified as articles pyrotechnic, display fireworks, or consumer fireworks by the United States department of transportation after June 13, 2002, and which comply with the construction, chemical composition, and labeling regulations of the United States consumer products safety commission, 16 C.F.R., Parts 1500 and 1507.

(2) The chief of the Washington state patrol, through the director of fire protection, shall classify any new fireworks item in the same manner as the item is classified by the United States department of transportation and the United States consumer product safety commission. The chief of the Washington state patrol, through the director of fire protection, may determine, stating reasonable grounds, that the item should not be so classified.

70.77.241 Definitions-“Permanent storage”-“Temporary storage.”

(1) “Permanent storage” means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under RCW 70.77.420(2) and 70.77.425 and which shall be in compliance with the requirements of chapter 70.74 RCW.

(2) “Temporary storage” means the storage of consumer fireworks during the periods allowed under RCW 70.77.420(2) and 70.77.425.

70.77.250 Chief of the Washington state patrol to enforce and administer-Powers and duties.

(1) The chief of the Washington state patrol, through the director of fire protection, shall enforce and administer this chapter.

(2) The chief of the Washington state patrol, through the director of fire protection, shall appoint such deputies and employees as may be necessary and required to carry out the provisions of this chapter.

(3) The chief of the Washington state patrol, through the director of fire protection, shall adopt those rules relating to fireworks as are necessary for the implementation of this chapter.

(4) The chief of the Washington state patrol, through the director of fire protection, shall adopt those rules as are necessary to ensure statewide minimum standards for the enforcement of this chapter. Counties and cities shall comply with these state rules. Any ordinances adopted by a county or city that are more restrictive than state law shall have an effective date no sooner than one year after their adoption.

(5) The chief of the Washington state patrol, through the director of fire protection, may exercise the necessary police powers to enforce the criminal provisions of this chapter. This grant of police powers does not prevent any other state agency and city, county, or local government agency having general law enforcement powers from enforcing this chapter within the jurisdiction of the agency and city, county, or local government.

(6) The chief of the Washington state patrol, through the director of fire protection, shall adopt rules necessary to enforce the civil penalty provisions for the violations of this chapter. A civil penalty under this subsection may not exceed one thousand dollars per day for each violation and is subject to the procedural requirements under RCW 70.77.252.

(7) The chief of the Washington state patrol, through the director of fire protection, may investigate or cause to be investigated all fires resulting, or suspected of resulting, from the use of fireworks.

70.77.252 Civil penalty–Notice-Remission, mitigation, review.

(1) The penalty provided for in RCW 70.77.250(6) shall be imposed by a notice in writing to the person against whom the civil fine is assessed and shall describe the violation with reasonable particularity. The notice shall be personally served in the manner of service of a summons in a civil action or in a manner which shows proof of receipt. Any penalty imposed by RCW 70.77.250(6) shall become due and payable twenty-eight days after receipt of notice unless application for remission or mitigation is made as provided in subsection (2) of this section or unless application for an adjudicative proceeding is filed as provided in subsection (3) of this section.

(2) Within fourteen days after the notice is received, the person incurring the penalty may apply in writing to the chief of the Washington state patrol, through the director of fire protection, for the remission or mitigation of the penalty. Upon receipt of the application, the chief of the Washington state patrol, through the director of fire protection, may remit or mitigate the penalty upon whatever terms the chief of the Washington state patrol, through the director of fire protection, deems proper, giving consideration to the degree of hazard associated with the violation. The chief of the Washington state patrol, through the director of fire protection, may only grant a remission or mitigation that it deems to be in the best interests of carrying out the purposes of this chapter. The chief of the Washington state patrol, through the director of fire protection, may ascertain the facts regarding all such applications in a manner it deems proper. When an application for remission or mitigation is made, any penalty incurred under RCW 70.77.250(6) becomes due and payable twenty-eight days after receipt of the notice setting

forth the disposition of the application, unless an application for an adjudicative proceeding to contest the disposition is filed as provided in subsection (3) of this section.

(3) Within twenty-eight days after notice is received, the person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules of the chief of the Washington state patrol, through the director of fire protection.

(4) Any penalty imposed by final order following an adjudicative proceeding becomes due and payable upon service of the final order.

(5) The attorney general may bring an action in the name of the chief of the Washington state patrol, through the director of fire protection, in the superior court of Thurston county or of any county in which the violator may do business to collect any penalty imposed under this chapter.

(6) All penalties imposed under this section shall be paid to the state treasury and credited to the fire services trust fund and used as follows: At least fifty percent is for a statewide public education campaign developed by the chief of the Washington state patrol, through the director of fire protection, and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks; and the remainder is for statewide efforts to enforce this chapter.

70.77.255 Acts prohibited without appropriate licenses and permits-Minimum age for license or permit-Activities permitted without license or permit.

(1) Except as otherwise provided in this chapter, no person, without appropriate state licenses and city or county permits as required by this chapter may:

(a) Manufacture, import, possess, or sell any fireworks at wholesale or retail for any use;

(b) Make a public display of fireworks;

(c) Transport fireworks, except as a licensee or as a public carrier delivering to a licensee; or

(d) Knowingly manufacture, import, transport, store, sell, or possess with intent to sell, as fireworks, explosives, as defined under RCW 70.74.010, that are not fireworks, as defined under this chapter.

(2) Except as authorized by a license and permit under subsection (1)(b) of this section or as provided in RCW 70.77.311, no person may discharge display fireworks at any place.

(3) No person less than eighteen years of age may apply for or receive a license or permit under this chapter.

(4) No license or permit is required for the possession or use of consumer fireworks lawfully purchased at retail.

70.77.260 Application for permit.

(1) Any person desiring to do any act mentioned in RCW 70.77.255(1) (a) or (c) shall apply in writing to a local fire official for a permit.

(2) Any person desiring to put on a public display of fireworks under RCW 70.77.255(1)(b) shall apply in writing to a local fire official for a permit. Application shall be made at least ten days in advance of the proposed display.

70.77.265 Investigation, report on permit application.

The local fire official receiving an application for a permit under RCW 70.77.260(1) shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city or county.

70.77.270 Governing body to grant permits-Statewide standards-Liability insurance.

(1) The governing body of a city or county, or a designee, shall grant an application for a permit under RCW 70.77.260(1) if the application meets the standards under this chapter, and the applicable ordinances of the city or county. The permit shall be granted by June 10, or no less than thirty days after receipt of an application whichever date occurs first, for sales commencing on June 28 and on December 27; or by December 10, or no less than thirty days after receipt of an application whichever date occurs first, for sales commencing only on December 27.

(2) The chief of the Washington state patrol, through the director of fire protection, shall prescribe uniform, statewide standards for retail fireworks stands including, but not limited to, the location of the stands, setback requirements and siting of the stands, types of buildings and construction material that may be used for the stands, use of the stands and areas around the stands, cleanup of the area around the stands, transportation of fireworks to

and from the stands, and temporary storage of fireworks associated with the retail fireworks stands. All cities and counties which allow retail fireworks sales shall comply with these standards.

(3) No retail fireworks permit may be issued to any applicant unless the retail fireworks stand is covered by a liability insurance policy with coverage of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence, respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies.

No wholesaler may knowingly sell or supply fireworks to any retail fireworks licensee unless the wholesaler determines that the retail fireworks licensee is covered by liability insurance in the same, or greater, amount as provided in this subsection.

70.77.305 Chief of the Washington state patrol to issue licenses-Registration of in-state agents.

The chief of the Washington state patrol, through the director of fire protection, has the power to issue licenses for the manufacture, importation, sale, and use of all fireworks in this state, except as provided in RCW 70.77.311 and 70.77.395. A person may be licensed as a manufacturer, importer, or wholesaler under this chapter only if the person has a designated agent in this state who is registered with the chief of the Washington state patrol, through the director of fire protection.

70.77.311 Exemptions from licensing-Purchase of certain agricultural and wildlife fireworks by government agencies-Purchase of consumer fireworks by religious or private organizations.

(1) No license is required for the purchase of agricultural and wildlife fireworks by government agencies if:

(a) The agricultural and wildlife fireworks are used for wildlife control or are distributed to farmers, ranchers, or growers through a wildlife management program administered by the United States department of the interior or an equivalent state or local governmental agency;

(b) The distribution is in response to a written application describing the wildlife management problem that requires use of the devices;

(c) It is of no greater quantity than necessary to control the described problem; and

(d) It is limited to situations where other means of control are unavailable or inadequate.

(2) No license is required for religious organizations or private organizations or persons to purchase or use consumer fireworks and such audible ground devices as firecrackers, salutes, and chasers if:

(a) Purchased from a licensed manufacturer, importer, or wholesaler;

(b) For use on prescribed dates and locations;

(c) For religious or specific purposes; and

(d) A permit is obtained from the local fire official. No fee may be charged for this permit.

70.77.315 Application for license.

Any person who desires to engage in the manufacture, importation, sale, or use of fireworks, except use as provided in RCW 70.77.255(4), 70.77.311, and 70.77.395, shall make a written application to the chief of the Washington state patrol, through the director of fire protection, on forms provided by him or her. Such application shall be accompanied by the annual license fee as prescribed in this chapter.

70.77.320 Application for license to be signed.

The application for a license shall be signed by the applicant. If application is made by a partnership, it shall be signed by each partner of the partnership, and if application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation.

70.77.325 Annual application for a license-Dates.

(1) An application for a license shall be made annually by every person holding an existing license who wishes to continue the activity requiring the license during an additional year. The application shall be accompanied by the annual license fees as prescribed in RCW 70.77.343 and 70.77.340.

(2) A person applying for an annual license as a retailer under this chapter shall file an application no later than May 1 for annual sales commencing on June 28 and on December 27, or no later than November 1 for sales commencing only on December 27. The chief of the Washington state patrol, through the director of fire protection, shall grant or deny the license within fifteen days of receipt of the application.

(3) A person applying for an annual license as a manufacturer, importer, or wholesaler under this chapter shall file an application by January 31 of the current year. The chief of the Washington state patrol, through the director of fire protection, shall grant or deny the license within ninety days of receipt of the application.

70.77.330 License to engage in particular act to be issued if not contrary to public safety or welfare-Transportation of fireworks authorized.

If the chief of the Washington state patrol, through the director of fire protection, finds that the granting of such license is not contrary to public safety or welfare, he or she shall issue a license authorizing the applicant to engage in the particular act or acts upon the payment of the license fee specified in this chapter. Licensees may transport the class of fireworks for which they hold a valid license.

70.77.335 License authorizes activities of sellers, authorized representatives, employees.

The authorization to engage in the particular act or acts conferred by a license to a person shall extend to sellers, authorized representatives, and other employees of such person.

70.77.340 Annual license fees.

The original and annual license fee shall be as follows:

Manufacturer $500.00

Importer $100.00

Wholesaler $1,000.00

Retailer (for each separate retail outlet) $10.00

Public display for display fireworks $10.00

Pyrotechnic operator for display fireworks $5.00

70.77.343 License fees —Additional.

(1) License fees, in addition to the fees in RCW 70.77.340, shall be charged as follows:

Manufacturer $1,500.00

Importer $900.00

Wholesaler $1,000.00

Retailer (for each separate retail outlet) $30.00

Public display for display fireworks $40.00

Pyrotechnic operator for display fireworks $5.00

(2) All receipts from the license fees in this section shall be placed in the fire services trust fund and at least seventy-five percent of these receipts shall be used to fund a statewide public education campaign developed by the chief of the Washington state patrol and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks and the remaining receipts shall be used to fund statewide enforcement efforts against the sale and use of fireworks that are illegal under this chapter.

70.77.345 Duration of licenses and retail fireworks sales permits.

Every license and every retail fireworks sales permit issued shall be for the period from January 1st of the year for which the application is made through January 31st of the subsequent year, or the remaining portion thereof.

70.77.360 Denial of license for material misrepresentation or if contrary to public safety or welfare.

If the chief of the Washington state patrol, through the director of fire protection, finds that an application for any license under this chapter contains a material misrepresentation or that the granting of any license would be contrary to the public safety or welfare, the chief of the Washington state patrol, through the director of fire protection, may deny the application for the license.

70.77.365 Denial of license for failure to meet qualifications or conditions.

A written report by the chief of the Washington state patrol, through the director of fire protection, or a local fire official, or any of their authorized representatives, disclosing that the applicant for a license, or the premises for which a license is to apply, do not meet the qualifications or conditions for a license constitutes grounds for the denial by the chief of the Washington state patrol, through the director of fire protection, of any application for a license.

70.77.370 Hearing on denial of license.

Any applicant who has been denied a license for reasons other than making application after the date set forth in RCW 70.77.325 is entitled to a hearing in accordance with the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

70.77.375 Revocation of license.

The chief of the Washington state patrol, through the director of fire protection, upon reasonable opportunity to be heard, may revoke any license issued pursuant to this chapter, if he or she finds that:

(1) The licensee has violated any provisions of this chapter or any rule made by the chief of the Washington state patrol, through the director of fire protection, under and with the authority of this chapter;

(2) The licensee has created or caused a fire nuisance;

(3) Any licensee has failed or refused to file any required reports; or

(4) Any fact or condition exists which, if it had existed at the time of the original application for such license, reasonably would have warranted the chief of the Washington state patrol, through the director of fire protection, in refusing originally to issue such license.

70.77.381 Wholesalers and retailers-Liability insurance requirements.

(1) Every wholesaler shall carry liability insurance for each wholesale and retail fireworks outlet it operates in the amount of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence, respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not available from at least three approved insurance companies. If insurance in this amount is not offered, each wholesale and retail outlet shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies.

(2) No wholesaler may knowingly sell or supply fireworks to any retail licensee unless the wholesaler determines that the retail licensee carries liability insurance in the same, or greater, amount as provided in subsection (1) of this section.

70.77.386 Retailers-Purchase from licensed wholesalers.

Retail fireworks licensees shall purchase all fireworks from wholesalers possessing a valid wholesale license issued by the state of Washington.

70.77.395 Dates and times consumer fireworks may be sold or discharged-Local governments may limit, prohibit sale or discharge of fireworks.

(1) It is legal to sell and purchase consumer fireworks within this state from twelve o’clock noon to eleven o’clock p.m. on the twenty-eighth of June, from nine o’clock a.m. to eleven o’clock p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o’clock a.m. to nine o’clock p.m. on the fifth of July, from twelve o’clock noon to eleven o’clock p.m. on each day from the twenty-seventh of December through the thirty-first of December of each year, and as provided in RCW 70.77.311.

(2) Consumer fireworks may be used or discharged each day between the hours of twelve o’clock noon and eleven o’clock p.m. on the twenty-eighth of June and between the hours of nine o’clock a.m. and eleven o’clock p.m. on the twenty-ninth of June to the third of July, and on July 4th between the hours of nine o’clock a.m. and twelve o’clock midnight, and between the hours of nine o’clock a.m. and eleven o’clock p.m. on July 5th, and from six o’clock p.m. on December 31st until one o’clock a.m. on January 1st of the subsequent year, and as provided in RCW 70.77.311.

(3) A city or county may enact an ordinance within sixty days of June 13, 2002, to limit or prohibit the sale, purchase, possession, or use of consumer fireworks on December 27, 2002, through December 31, 2002, and thereafter as provided in RCW 70.77.250(4).

70.77.401 Sale of certain fireworks prohibited.

No fireworks may be sold or offered for sale to the public as consumer fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined by the United States department of transportation and the federal consumer products safety commission except as provided in RCW 70.77.311.

70.77.405 Authorized sales of toy caps, tricks, and novelties.

Toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap and trick or novelty devices not classified as consumer fireworks may be sold at all times unless prohibited by local ordinance.

70.77.420 Permanent storage permit required-Application-Investigation-Grant or denial-Conditions.

(1) It is unlawful for any person to store permanently fireworks of any class without a permit for such permanent storage from the city or county in which the storage is to be made. A person proposing to store permanently fireworks shall apply in writing to a city or county at least ten days prior to the date of the proposed permanent storage. The city or county receiving the application for a permanent storage permit shall investigate whether the character and location of the permanent storage as proposed meets the requirements of the zoning, building, and fire codes or constitutes a hazard to property or is dangerous to any person. Based on the investigation, the city or county may grant or deny the application. The city or county may place reasonable conditions on any permit granted.

(2) For the purposes of this section the temporary storing or keeping of consumer fireworks when in conjunction with a valid retail sales license and permit shall comply with RCW 70.77.425 and the standards adopted under RCW 70.77.270(2) and not this section.

70.77.425 Approved permanent storage facilities required.

It is unlawful for any person to store permanently stocks of fireworks remaining unsold after the lawful period of sale as provided in the person’s permit except in such places of permanent storage as the city or county issuing the permit approves. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from nine o’clock a.m. on June 28th to twelve o’clock noon on July 5th shall be returned on or before July 31st of the same year, or remaining after the authorized retail sales period from twelve o’clock noon on December 27th to eleven o’clock p.m. on December 31st shall be returned on or before January 10th of the subsequent year, to the approved permanent storage facilities of a licensed fireworks wholesaler or to a magazine or permanent storage place approved by a local fire official.

70.77.430 Sale of stock after revocation or expiration of license.

Notwithstanding RCW 70.77.255, following the revocation or expiration of a license, a licensee in lawful possession of a lawfully acquired stock of fireworks may sell such fireworks, but only under supervision of the chief of the Washington state patrol, through the director of fire protection. Any sale under this section shall be solely to persons who are authorized to buy, possess, sell, or use such fireworks.

70.77.435 Seizure of fireworks.

Any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this chapter or the rules or regulations of the chief of the Washington state patrol, through the director of fire protection, are subject to seizure by the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, or by state agencies or local governments having general law enforcement authority.

70.77.440 Seizure of fireworks-Proceedings for forfeiture-Disposal of confiscated fireworks.

(1) In the event of seizure under RCW 70.77.435, proceedings for forfeiture shall be deemed commenced by the seizure. The chief of the Washington state patrol or a designee, through the director of fire protection or the agency conducting the seizure, under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the fireworks seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

(2) If no person notifies the chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, in writing of the person’s claim of lawful ownership or right to lawful possession of seized fireworks within thirty days of the seizure, the seized fireworks shall be deemed forfeited.

(3) If any person notifies the chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, in writing of the person’s claim of lawful ownership or possession of the fireworks within thirty days of the seizure, the person or persons shall be afforded a reasonable opportunity to be

heard as to the claim or right. The hearing shall be before an administrative law judge appointed under chapter

34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the seized fireworks is more than five hundred dollars. The hearing before an administrative law judge and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys’ fees. The burden of producing evidence shall be upon the person claiming to have the lawful right to possession of the seized fireworks. The chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, shall promptly return the fireworks to the claimant upon a determination by the administrative law judge or court that the claimant is lawfully entitled to possession of the fireworks.

(4) When fireworks are forfeited under this chapter the chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, may:

(a) Dispose of the fireworks by summary destruction at any time subsequent to thirty days from such seizure or ten days from the final termination of proceedings under this section, whichever is later; or

(b) Sell the forfeited fireworks and chemicals used to make fireworks, that are legal for use and possession under this chapter, to wholesalers or manufacturers, authorized to possess and use such fireworks or chemicals under a license issued by the chief of the Washington state patrol, through the director of fire protection. Sale shall be by public auction after publishing a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the auction is to be held, at least three days before the date of the auction. The proceeds of the sale of the seized fireworks under this section may be retained by the agency conducting the seizure and used to offset the costs of seizure and/or storage costs of the seized fireworks. The remaining proceeds, if any, shall be deposited in the fire services trust fund and shall be used as follows: At least fifty percent is for a statewide public education campaign developed by the chief of the Washington state patrol, through the director of fire protection, and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks; and the remainder is for statewide efforts to enforce this chapter.

70.77.450 Examination, inspection of books and premises.

The chief of the Washington state patrol, through the director of fire protection, may make an examination of the books and records of any licensee, or other person relative to fireworks, and may visit and inspect the premises of any licensee he may deem at any time necessary for the purpose of enforcing the provisions of this chapter. The licensee, owner, lessee, manager, or operator of any such building or premises shall permit the chief of the Washington state patrol, through the director of fire protection, his or her deputies or salaried assistants, the local fire official, and their authorized representatives to enter and inspect the premises at the time and for the purpose stated in this section.

70.77.455 Licensees to maintain and make available complete records-Exemption from public records act.

(1) All licensees shall maintain and make available to the chief of the Washington state patrol, through the director of fire protection, full and complete records showing all production, imports, exports, purchases, and sales of fireworks items by class.

(2) All records obtained and all reports produced, as required by this chapter, are not subject to disclosure through the public records act under chapter 42.56 RCW.

70.77.460 Reports, payments deemed made when filed or paid or date mailed.

When reports on fireworks transactions or the payments of license fees or penalties are required to be made on or by specified dates, they shall be deemed to have been made at the time they are filed with or paid to the chief of the Washington state patrol, through the director of fire protection, or, if sent by mail, on the date shown by the United States postmark on the envelope containing the report or payment.

70.77.480 Prohibited transfers of fireworks.

The transfer of fireworks ownership whether by sale at wholesale or retail, by gift or other means of conveyance of title, or by delivery of any fireworks to any person in the state who does not possess and present to the carrier for inspection at the time of delivery a valid license, where such license is required to purchase, possess, transport, or use fireworks, is prohibited.

70.77.485 Unlawful possession of fireworks-Penalties.

It is unlawful to possess any class or kind of fireworks in violation of this chapter. A violation of this section is:

(1) A misdemeanor if involving less than one pound of fireworks, exclusive of external packaging; or

(2) A gross misdemeanor if involving one pound or more of fireworks, exclusive of external packaging.

For the purposes of this section, “external packaging” means any materials that are not an integral part of the operative unit of fireworks.

70.77.488 Unlawful discharge or use of fireworks-Penalty.

It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section is a gross misdemeanor.

70.77.515 Unlawful sales or transfers of consumer fireworks-Penalty.

(1) It is unlawful for any person to offer for sale, sell, or exchange for consideration, any consumer fireworks to a consumer or user other than at a fixed place of business of a retailer for which a license and permit have been issued.

(2) No licensee may sell any fireworks to any person under the age of sixteen.

(3) A violation of this section is a gross misdemeanor.

70.77.517 Unlawful transportation of fireworks-Penalty.

It is unlawful for any person, except in the course of continuous interstate transportation through any state, to transport fireworks from this state into any other state, or deliver them for transportation into any other state, or attempt so to do, knowing that such fireworks are to be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws of such other state specifically prohibiting or regulating the use of fireworks. A violation of this section is a gross misdemeanor.

This section does not apply to a common or contract carrier or to international or domestic water carriers engaged in interstate commerce or to the transportation of fireworks into a state for the use of United States agencies in the carrying out or the furtherance of their operations.

In the enforcement of this section, the definitions of fireworks contained in the laws of the respective states shall be applied.

As used in this section, the term “state” includes the several states, territories, and possessions of the United States, and the District of Columbia.

70.77.520 Unlawful to permit fire nuisance where fireworks kept-Penalty.

It is unlawful for any person to allow any combustibles to accumulate in any premises in which fireworks are stored or sold or to permit a fire nuisance to exist in such a premises. A violation of this section is a misdemeanor.

70.77.525 Manufacture or sale of fireworks for out-of-state shipment.

This chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license and a permit secured under the provisions of this chapter, from manufacturing or selling any kind of fireworks for direct shipment out of this state.

70.77.540 Penalty.

Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter or any rules issued thereunder is guilty of a misdemeanor.

70.77.545 Violation a separate, continuing offense.

A person is guilty of a separate offense for each day during which he commits, continues, or permits a violation of any provision of, or any order, rule, or regulation made pursuant to this chapter.

70.77.547 Civil enforcement not precluded.

The inclusion in this chapter of criminal penalties does not preclude enforcement of this chapter through civil means.

70.77.548 Attorney general may institute civil proceedings-Venue.

Civil proceedings to enforce this chapter may be brought in the superior court of Thurston county or the county in which the violation occurred by the attorney general or the attorney of the city or county in which the violation occurred on his or her own motion or at the request of the chief of the Washington state patrol, through the director of fire protection.

70.77.549 Civil penalty-Costs.

In addition to criminal penalties, a person who violates this chapter is also liable for a civil penalty and for the costs incurred with enforcing this chapter and bringing the civil action, including court costs and reasonable investigative and attorneys’ fees.

70.77.550 Short title.

This chapter shall be known and may be cited as the state fireworks law.

70.77.555 Local permit and license fees-Limits.

(1) A city or county may provide by ordinance for a fee in an amount sufficient to cover all legitimate costs for all needed permits, licenses, and authorizations from application to and through processing, issuance, and inspection, but in no case to exceed a total of one hundred dollars for any one retail sales permit for any one selling season in a year, whether June 28th through July 5th or December 27th through December 31st, or a total of two hundred dollars for both selling seasons.

(2) A city or county may provide by ordinance for a fee in an amount sufficient to cover all legitimate costs for all display permits, licenses, and authorizations from application to and through processing, issuance, and inspection, not to exceed actual costs and in no case more than a total of five thousand dollars for any one display permit.

70.77.575 Chief of the Washington state patrol to provide list of consumer fireworks that may be sold to the public.

(1) The chief of the Washington state patrol, through the director of fire protection, shall adopt by rule a list of the consumer fireworks that may be sold to the public in this state pursuant to this chapter. The chief of the Washington state patrol, through the director of fire protection, shall file the list by October 1st of each year with the code reviser for publication, unless the previously published list has remained current.

(2) The chief of the Washington state patrol, through the director of fire protection, shall provide the list adopted under subsection (1) of this section by November 1st of each year to all manufacturers, wholesalers, and importers licensed under this chapter, unless the previously distributed list has remained current.

70.77.580 Retailers to post list of consumer fireworks.

Retailers required to be licensed under this chapter shall post prominently at each retail location a list of the consumer fireworks that may be sold to the public in this state pursuant to this chapter. The posted list shall be in a form approved by the chief of the Washington state patrol, through the director of fire protection. The chief of the Washington state patrol, through the director of fire protection, shall make the list available.

70.77.900 Effective date

This act shall take effect on January 1, 1962.

70.77.912 Severability

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 3E. FIREWORKS SAFETY

§29-3E-1. Unlawful acts.

It is unlawful for a person to manufacture, wholesale, distribute, import, sell or store for the

purpose of resale, consumer fireworks, sparkling devices, novelties or toy caps without a license,

registration, certificate or permit from the State Fire Marshal.

§29-3E-2. Definitions.

As used in this article:

(1) “Agricultural and wildlife fireworks” means fireworks devices distributed to farmers, ranchers

and growers through a wildlife management program administered by the United States Department of the

Interior or the Division of Natural Resources of this state;

(2) “Amusement park” means any person or organization which holds a permit for the operation of

an amusement ride or amusement attraction under article ten, chapter twenty-one of this code;

(3) “APA Standard 87-1” means the APA Standard 87-1 published by the American Pyrotechnics

Association, as amended, and incorporated by reference into Title 49 of the Code of Federal Regulations;

(4) “Articles pyrotechnic” means pyrotechnic devices for professional use that are similar to

consumer fireworks in chemical composition and construction but not intended for consumer use, that meet

the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or

UN0432 under 49 C.F.R. §172.101 (2014);

(5) “Consumer fireworks” means small fireworks devices that are designed to produce visible

effects by combustion that are required to comply with the construction, chemical composition and labeling

regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. Parts

1500 and 1507 (2014), and that are listed in APA Standard 87-1. Consumer fireworks do not include

sparkling devices, novelties, toy caps or model rockets;

(6) “Consumer fireworks certificate” means a certificate issued under section five of this article;

(7) “Display fireworks” means large fireworks to be used solely by professional pyro-technicians

licensed by the State Fire Marshal and designed primarily to produce visible or audible effects by

combustion, deflagration or detonation and includes, but is not limited to, salutes containing more than two

grains (one hundred thirty milligrams) of explosive materials, aerial shells containing more than forty

grams of pyrotechnic compositions and other display pieces that exceed the limits of explosive materials

for classification as consumer fireworks and are classified as fireworks UN0333, UN0334, or UN0335

under 49 C.F.R. §172.101 (2014);

(8) “Distributor” means a person who sells fireworks to wholesalers and retailers for resale;

(9) “Division 1.3 explosive” means that term as defined in 49 C.F.R. §173.50 (2014);

(10) “Division 1.4 explosive” means that term as defined in 49 C.F.R. §173.50 (2014);

(11) “Explosive composition” means a chemical or mixture of chemicals that produces an audible

effect by deflagration or detonation when ignited;

(12) “Fire Marshal” means the State Fire Marshal;

(13) “Firework” or “fireworks” means any composition or device designed for the purpose of

producing a visible or audible effect by combustion, deflagration or detonation. Fireworks include

consumer fireworks, display fireworks and special effects. Fireworks does not include sparkling devices,

novelties, toy caps or model rockets;

(14) “Interstate wholesaler” means a person who is engaged in interstate commerce selling

fireworks;

(15) “Model rocket” means that term as defined in National Fire Protection Association Standard

1122, “Code for Model Rocketry”;

(16) “New explosive” means that term as defined in 49 C.F.R. §173.56 (2014);

(17) “NFPA 1123” means National Fire Protection Association Standard 1123, “Code for

Fireworks Display;”

(18) “NFPA 1124” means National Fire Protection Association Standard 1124, “Code for the

Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles,” 2006

Edition;

(19) “NFPA 1126” means National Fire Protection Association Standard 1126, “Standard for the

Use of Pyrotechnics Before a Proximate Audience;”

(20) “Novelties” means that term as defined under APA standard 87-1, section 3.2; but shall not

include toy pistols, toy caps, toy canes, toy guns or other similar devices;

(21) “Permanent” means that term as defined in NFPA 1124;

(22) “Person” means an individual or the responsible person for an association, an organization, a

partnership, a limited partnership, a limited liability company, a corporation or any other group or

combination acting as a unit;

(23) “Public display of fireworks” means a public entertainment feature that is advertised to the

general public or is on public property that includes the display or discharge of fireworks;

(24) “Pyrotechnic composition” means a mixture of chemicals that produces a visible or audible

effect by combustion rather than deflagration or detonation. A pyrotechnic composition will not explode

upon ignition unless severely confined;

(25) “Retailer” means a person who purchases consumer fireworks for resale to consumers;

(26) “Sparkling devices” means “ground or handheld sparkling devices” as that phrase is defined

under APA 87-1, sections 3.1.1 and 3.5;

(27) “Special effects” means a combination of chemical elements or chemical compounds capable

of burning independently of the oxygen of the atmosphere and designed and intended to produce an

audible, visual, mechanical or thermal effect as an integral part of a motion picture, radio, television,

theatrical or opera production or live entertainment;

(28) “Temporary” means that term as defined in NFPA 1124;

(29) “Toy caps” means that term as defined under APA 87-1, section 3.3; and

(30) “Wholesaler” means any person who sells consumer fireworks to a retailer or any other

person for resale and any person who sells articles of pyrotechnics, display fireworks, and special effects to

a person licensed to possess and use those devices.

§29-3E-3. Production or transportation of fireworks.

A person may produce or transport a firework that is a new explosive and that is either a division

1.3 explosive or division 1.4 explosive if the person first meets the requirements of 49 C.F.R. §173.56(2)(j)

(2014).

§29-3E-4. Sparkling devices and novelties registration required.

(a) A person may not sell sparkling devices or novelties without being registered with the State

Fire Marshal.

(b) To be registered with the State Fire Marshal, the person shall:

(1) Submit an application to the State Fire Marshal;

(2) Provide a copy of his or her current business registration certificate or his or her certificate to

sell sparklers and novelties issued by the State Tax Commissioner;

(3) Pay the required fee; and

(4) Provide other information as the State Fire Marshal may require by legislative rule.

(c) A registration is valid for the calendar year or any fraction thereof and expires on December 31

of each year.

(d) A registration is not transferable.

(e) A person shall post the registration in a conspicuous place at the location of the business.

(f) A separate registration is required for each location.

(g) The fee required in subdivision (3), subsection (b) of this section shall be $15.00 per retail

location.

(h) The fee assessed by this section shall be retained by the State Fire Marshal and expended to

offset costs incurred in performing the duties imposed by the provisions of this code.

§29-3E-5. Consumer fireworks certificate required.

(a) A retailer may not sell consumer fireworks unless the retailer is certified under this article.

(b) To be certified to sell consumer fireworks a retailer shall:

(1) Submit an application to the State Fire Marshal;

(2) Submit with the application a copy of his or her current business registration certificate;

(3) Pay a fee of $500.00 for each temporary retail sales location and $1000.00 for each permanent

retail sales location to the State Fire Marshal;

(4) Provide the State Fire Marshal proof that the retailer maintains at all times public liability and

product liability insurance with minimum coverage limits of $1 million dollars to cover losses, damages or

injuries that might result from selling consumer fireworks; and

(5) Provide other information as the State Fire Marshal may require by legislative rule.

(c) A consumer fireworks certificate is valid from April 1 through March 31 of the next calendar

year.

(d) A consumer fireworks certificate is not transferable.

(e) A retailer shall post the certificate in a conspicuous place at the location of the business.

(f) A separate certificate is required for each location of the business.

(g) A certificate holder may also sell sparkling devices and novelties at the same location without

additionally obtaining a sparkling devices and novelties registration.

(h) A retailer who sells consumer fireworks shall comply with the regulations provided in NFPA

1124.

(i) A retailer who sells consumer fireworks shall comply with all regulations provided in NFPA

1124. The State Fire Marshal may by legislative rule, promulgate rules to supplement those rules

established in NFPA 1124.

(j) A retailer shall sell the consumer fireworks only from a permanent building or structure that

meets the specifications in NFPA 1124 or a temporary facility or structure that meets the specifications of

NFPA 1124.7.3.5.

(k) Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees

Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code.

(l) Notwithstanding any provision of this article to the contrary, no retailer may offer consumer

fireworks for sale before June 1, 2016.

§29-3E-7. Fireworks safety fee; administration; tax crimes; collections; remittances; deposits;

distributions; rules.

(a) In addition to the sales tax, a fireworks safety fee of twelve percent of all sales is levied on

retail sales of consumer fireworks in this state. The fee shall be distributed pursuant to the provisions of this

subsection. The fee computation under this subsection shall be carried to the third decimal place, and the

fee rounded up to the next whole cent whenever the third decimal place is greater than four, and rounded

down to the lower whole cent whenever the third decimal place is four or less.

The State Tax Commissioner shall disburse all proceeds of the fireworks safety fee into the state treasury

each month in the following manner:

(1) Seventy-five percent shall be deposited into a special account in the State Treasury, designated

the Veterans’ Facility Support Fund established by the provisions of section eleven, article one, chapter

nine-a for expenditure on veterans’ programs.

(2) Twenty-five percent shall be deposited into a special account in the State Treasury, designated

the Fire Protection Fund established in section thirty-three, article three, chapter thirty-three of this code

and distributed in accordance with that section to each volunteer fire company or department on an equal

share basis by the State Treasurer.

(b) A person who purchases consumer fireworks in a retail transaction shall pay to the retailer the

amount of the fee levied by this section, which fee is added to and constitutes a part of the sale price, and is

collectible by the retailer who shall account to the state for all fees paid by a purchaser. If the retailer fails

to collect the fee, or fails to account to the state for the fees paid by a purchaser, then the retailer is liable

for the payment of the fee to the state.

(c) A retailer shall remit to the State Tax Commissioner no later than thirty days after the end of

each preceding month all moneys collected for such preceding month, pursuant to the requirements of this

section, and shall report such collections on forms and in the manner prescribed by the State Tax

Commissioner.

(d) All moneys so remitted, net of refunds and adjustments, shall be paid by the State Tax

Commissioner into the funds specified in this section.

(e) Each and every provision of the West Virginia Tax Crimes and Penalties Act set forth in article

nine, chapter eleven of this code applies to the fees imposed pursuant to this article, with like effect as if

that act were applicable only to the fees imposed by this article and were set forth in extenso in this article.

(f) The State Tax Commissioner shall propose legislative rules and may promulgate such

emergency rules as are necessary to implement the provisions of this article.

§29-3E-8. State Fire Marshal’s Rule-making Authority.

(a) The State Fire Marshal may promulgate emergency rules and shall propose legislative rules for

promulgation, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to

implement the provisions of this article, including:

(1) Adopting by reference the most recent edition of APA Standard 87-1;

(2) Adopting by reference the most recent edition of NFPA 1123, Code for Fireworks Display;

(3) Adopting by reference NFPA 1124, code for the manufacture, transportation, storage and retail

sales of fireworks and pyrotechnic articles;

(4) Adopting by reference the most recent edition of NFPA 1126, standard for the use of

pyrotechnics before a proximate audience;

(5) Procedures for the issuance and renewal of a registration, certificate and permit;

(6) A fee schedule;

(7) Establishing insurance or bond requirements;

(8) Establishing additional criteria for the granting of a registration, certificate, or permit under

this article; and

(9) Registration of manufacturers, wholesalers and distributors.

§29-3E-9. Exemptions.

This article does not prohibit any of the following:

(1) The use of fireworks by railroads or other transportation agencies for signaling purposes or

illumination;

(2) The use of agricultural and wildlife fireworks;

(3) The sale or use of blank cartridges for a theatrical performance, use by military organizations

or signal or ceremonial purposes in athletics or sports; or

(4) The possession, sale or disposal of fireworks incidental to the public display of fireworks by

wholesalers or other persons who have a permit to possess, store and sell explosives from the Bureau of

Alcohol, Tobacco, Firearms, and Explosives of the United States Department of Justice and the State Fire

Marshal.

§29-3E-10. Local municipalities’ regulation of consumer fireworks.

This article does not affect the authority of the governing body of a municipality to prohibit or

regulate the use of consumer fireworks within its boundaries.

§29-3E-11. Violations of this article; penalties.

(a) A person may not intentionally ignite, discharge or use consumer fireworks on public or

private property without the express permission of the owner to do so.

(b) A person may not intentionally ignite or discharge any consumer fireworks or sparkling

devices within or throw the same from a motor vehicle or building.

(c) A person may not intentionally ignite or discharge any consumer fireworks or sparkling

devices into or at a motor vehicle or building, or at any person or group of people.

(d) A person may not intentionally ignite or discharge any consumer fireworks or sparkling device

while the person:

(1) Is under the influence of alcohol;

(2) Is under the influence of any controlled substance;

(3) Is under the influence of any other drug; or

(4) Is under the combined influence of alcohol and any controlled substance or any other drug.

(e) A person who is less than eighteen years of age may not purchase, nor offer for sale, consumer

fireworks.

(f) The provisions of this section shall be effective June 1, 2016.

§29-3E-12. Miscellaneous offenses; penalties.

Any person who violates a provision of this article for which a penalty is not expressly set forth is

guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than

$500.00. The provisions of this section shall be effective June 1, 2016.

§29-3E-13. Seizures by the State Fire Marshal; enforcement of law.

(a) The State Fire Marshal shall seize, take, remove and dispose of at public auction or destroy, or

cause to be seized, taken or removed and disposed of at public auction, or destroyed at the expense of the

owner, all stocks of fireworks or combustibles offered for sale, stored or held in violation of this article or

an emergency or legislative rule promulgated hereunder.

(b) The West Virginia State Police, deputy sheriffs, municipal police officers and other lawenforcement

officers shall assist in the enforcement of this article.

167.10 Regulation of fireworks.

(1) Definition.

In this section, “fireworks” means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:

(a) Fuel or a lubricant.

(b) A firearm cartridge or shotgun shell.

(c) A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle.

(d) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.

(e) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.

(f) A toy snake which contains no mercury.

(g) A model rocket engine.

(h) Tobacco and a tobacco product.

(i) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.

(j) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.

(k) A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive mixture.

(L) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.

(m) A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(n) A cone fountain that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(p) A novelty device that spins or moves on the ground.

(2) Sale.

No person may sell or possess with intent to sell fireworks, unless any of the following apply:

(a) The person sells the fireworks, or possesses the fireworks with intent to sell them, to a person holding a permit under sub. (3)(c).

(b) The person sells the fireworks, or possesses the fireworks with intent to sell them, to a city, village or town.

(bg) The person sells the fireworks, or possesses the fireworks with intent to sell them, to a person who is not a resident of this state.

(c) The person sells the fireworks, or possesses the fireworks with intent to sell them, for a purpose specified under sub. (3)(b) 2. to 6.

(3) Use.

(a) No person may possess or use fireworks without a user’s permit from the mayor of the city, president of the village or chairperson of the town in which the possession or use is to occur or from a person designated by the mayor, president or chairperson to issue a user’s permit. No person may use fireworks or a device listed under sub. (1) (e) to (g) or (i) to (n) while attending a fireworks display for which a permit has been issued to a person listed under par. (c) 1. to 5. or under par. (c) 6. if the display is open to the general public.

(b) Paragraph (a) does not apply to:

1. The city, village or town, but municipal fire and law enforcement officials shall be notified of the proposed use of fireworks at least 2 days in advance.

2. The possession or use of explosives in accordance with rules or general orders of the department of safety and professional services.

3. The disposal of hazardous substances in accordance with rules adopted by the department of natural resources.

4. The possession or use of explosive or combustible materials in any manufacturing process.

5. The possession or use of explosive or combustible materials in connection with classes conducted by educational institutions.

6. A possessor or manufacturer of explosives in possession of a license or permit under 18 USC 841 to 848 if the possession of the fireworks is authorized under the license or permit.

7. Except as provided in par. (bm), the possession of fireworks in any city, town or village while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance.

(bm) Paragraph (a) applies to a person transporting fireworks under par. (b) 7. if, in the course of transporting the fireworks through a city, town or village, the person remains in that city, town or village for a period of at least 12 hours.

(c) A permit under this subsection may be issued only to the following persons:

1. A public authority.

2. A fair association.

3. An amusement park.

4. A park board.

5. A civic organization.

6. Any individual or group of individuals.

7. An agricultural producer for the protection of crops from predatory birds or animals.

(d) A person issued a permit for crop protection shall erect appropriate warning signs disclosing the use of fireworks for crop protection.

(e) The person issuing a permit under this subsection may require an indemnity bond with good and sufficient sureties or policy of liability insurance for the payment of all claims that may arise by reason of injuries to person or property from the handling, use or discharge of fireworks under the permit. The bond or policy, if required, shall be taken in the name of the city, village or town wherein the fireworks are to be used, and any person injured thereby may bring an action on the bond or policy in the person’s own name to recover the damage the person has sustained, but the aggregate liability of the surety or insurer to all persons shall not exceed the amount of the bond or policy. The bond or policy, if required, together with a copy of the permit shall be filed in the office of the clerk of the city, village or town.

(f) A permit under this subsection shall specify all of the following:

1. The name and address of the permit holder.

2. The date on and after which fireworks may be purchased.

3. The general kind and approximate quantity of fireworks which may be purchased.

4. The date and location of permitted use.

5. Other special conditions prescribed by ordinance.

(fm) If a city, village, or town requires that a user’s permit be signed or stamped, a person who is authorized to issue the permit under par. (a) may sign or stamp the permit before the permit is issued rather than signing or stamping the permit at the time that it is issued.

(g) A copy of a permit under this subsection shall be given to the municipal fire or law enforcement official at least 2 days before the date of authorized use. This paragraph does not apply to a permit authorizing only the sale or possession of fireworks that are classified by the federal department of transportation as Division 1.4 explosives, as defined in 49 CFR 173.50.

(h) A permit under this subsection may not be issued to a minor.

(4) Out-of-state and in-state shipping.

This section does not prohibit a vendor from selling fireworks to a nonresident person or to a person or group granted a permit under sub. (3) (c) 1. to 7. A vendor that ships fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law.

(5) Local regulation.

(a) Subject to pars. (b) to (e), a city, village, town or county may enact an ordinance for any of the following:

1. Defining “fireworks” to include all items included under sub. (1) (intro.) and anything under sub. (1) (e), (f), (i), (j), (k), (L), (m) and (n).

2. Prohibiting the sale, possession or use, as defined by ordinance, of fireworks.

3. Regulating the sale, possession or use, as defined by ordinance, of fireworks.

(b) An ordinance under par. (a) may not be less restrictive in its coverage, prohibition or regulation than this section but may be more restrictive than this section.

(d) A county ordinance enacted under par. (a) does not apply and may not be enforced within any city, village or town that has enacted or enacts an ordinance under par. (a).

(e) Notwithstanding par. (a) or par. (b), no city, village, town or county may enact an ordinance that prohibits the possession of fireworks in that city, town, village or county while transporting the fireworks to a city, town, village or county where the possession of the fireworks is authorized by permit or ordinance.

(6) Storage and handling.

(a) No wholesaler, dealer or jobber may store or handle fireworks in premises unless the premises are equipped with fire extinguishers approved by the fire official of the municipality where the premises are located.

(b) No person may smoke where fireworks are stored or handled.

(c) A person who stores or handles fireworks shall notify the fire official of the municipality in which the fireworks are stored or handled of the location of the fireworks.

(d) No wholesaler, dealer or jobber may store fireworks within 50 feet of a dwelling.

(e) No person may store fireworks within 50 feet of a public assemblage or place where gasoline or volatile liquid is dispensed in quantities exceeding one gallon.

(6m) Licensing and inspecting manufacturers.

(a) No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license issued by the department of safety and professional services under par. (d).

(b) No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of the department of safety and professional services promulgated under par. (e).

(c) Any person who manufactures in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of safety and professional services with a copy of each federal license issued under 18 USC 843 to that person.

(d) The department of safety and professional services shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f) or (i) to (n) to a person who complies with the rules of the department promulgated under par. (e). The department may not issue a license to a person who does not comply with the rules promulgated under par. (e). The department may revoke a license under this subsection for the refusal to permit an inspection at reasonable times by the department or for a continuing violation of the rules promulgated under par. (e).

(e) The department of safety and professional services shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n).

(f) The department of safety and professional services may inspect at reasonable times the premises on which each person licensed under this subsection manufactures fireworks or devices listed under sub. (1) (e), (f) or (i) to (n).

(7) Parental liability.

A parent, foster parent, family-operated group home parent, or legal guardian of a minor who consents to the use of fireworks by the minor is liable for damages caused by the minor’s use of the fireworks.

(7m) Municipal liability.

No city, village, or town, or committee, official, or employee of a city, village, or town, is civilly liable for damage to any person or property caused by fireworks for the sole reason that the city, village, or town issued a permit in accordance with the requirements of sub. (3) and any applicable requirements authorized under sub. (5), that authorized the purchase, possession, or use of the fireworks.

(8) Enforcement.

(a) A city, village or town may petition the circuit court for an order enjoining violations of sub. (2), (3) or (6) or an ordinance adopted under sub. (5).

(b) Fireworks stored, handled, sold, possessed or used by a person who violates this section, an ordinance adopted under sub. (5) or a court order under par. (a) may be seized and held as evidence of the violation. Except as provided in s. 968.20 (4), only the fireworks that are the subject of a violation of this section, an ordinance adopted under sub. (5) or a court order under par. (a) may be destroyed after conviction for a violation. Except as provided in s. 968.20 (4), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.

(9) Penalties.

(a) A person who violates a court order under sub. (8)(a) shall be fined not more than $10,000 or imprisoned not more than 9 months or both.

(b) A person who violates sub. (2), (3) or (6) or an ordinance adopted under sub. (5) shall forfeit not more than $1,000.

(c) A parent or legal guardian of a minor who consents to the use of fireworks by the minor shall forfeit not more than $1,000.

(g) Whoever violates sub. (6m) (a), (b) or (c) or a rule promulgated under sub. (6m) (e) is guilty of a Class G felony.

TITLE 35 PUBLIC HEALTH AND SAFETY ARTICLE 2 FIREWORKS

35-10-201. Definitions.

(a) “Fireworks” means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including any item which may be sold or offered for sale under 15 U.S.C. § 1261, 21 U.S.C. § 371 and 16 C.F.R., Commercial Practices, part 1507.

(b) “Governing body” means the board of county commissioners as to the area within a county but outside the corporate limits of any city or town; or means the city council or other governing body of a city or town as to the area within the corporate limits of such city or town.

(c) “Person” shall include an individual, partnership, co partnership, firm, company, association or corporation.

(d) “Commercial motor vehicle” means any self propelled or towed vehicle used on public highways in interstate commerce to transport passengers or property and the vehicle meets one (1) of the following:

(i) The vehicle has a gross vehicle weight rating or gross combination weight rating of ten thousand one (10,001) pounds;

(ii) The vehicle is designed to transport more than fifteen (15) passengers including the driver; or

(iii) The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the secretary of transportation under the federal Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.

35-10-202. Sale and use prohibited; exception.

Except as hereinafter provided, it is unlawful for any person to offer or expose for sale, sell, at either wholesale or retail, give away, use, discharge or detonate any fireworks in the state of Wyoming.

35-10-204. Construction; exceptions.

(a) This act shall not be construed to prohibit:

(i) Any person from offering for sale, exposing for sale, selling, or delivering fireworks to any municipality, association, amusement park, or other organization or group holding a permit issued as herein provided, or to the directors of the Wyoming state fair or of any county fair organized under the laws of this state;

(ii) Any person from using or exploding fireworks in accordance with the provisions of any permit issued as herein provided or as part of a supervised public display at the Wyoming state fair or of any county fair organized under the laws of this state; (iii) Any person from offering for sale, exposing for sale, or selling, any fireworks which are to be and are shipped by commercial motor vehicle directly out of the state;

(iv) Any person from offering for sale, exposing for sale, selling, using, or exploding any article, device or substance for a purpose other than display, exhibition, amusement or entertainment; or when used for mining purposes, danger signals, or other necessary uses; or

(v) Any person from offering for sale, exposing for sale, selling, using, or exploding blank cartridges for theatrical or ceremonial purposes or in organized athletic or sporting events.

35-10-205. Further regulations by municipalities.

This act shall not be construed to prohibit the imposition by municipal ordinance of further regulations or prohibitions upon the sale, use and possession of fireworks within the corporate limits of any city or town, including those items defined under 15 U.S.C. § 1261, but no such city or town shall permit or authorize the sale, use or possession of any fireworks in violation of this act.

35-10-206. Enforcement; disposal of seized fireworks.

Wyoming peace officers shall seize all stocks of fireworks held in violation of W.S. 35-10-201 through 35-10-208 and shall apply to the appropriate court for the disposition of the fireworks. Following a hearing determining the fireworks were held in violation of W.S. 35-10-201 through 35-10-208, the fireworks shall be destroyed or otherwise disposed of upon order of any circuit court or district court.

35-10-207. Penalties.

Any person violating any provision of W.S. 35-10-201 through 35-10-208 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment not exceeding sixty (60) days, or by both such fine and imprisonment.

35-10-208. County regulation of fireworks.

(a) For the purpose of this section “fireworks” means only those items which may be sold or offered for sale under 15 U.S.C. §1261, 21 U.S.C. §371 and 16 C.F.R., Commercial Practices, part 1507. A board of county commissioners may, subject to subsection (b) of this section:

(i) Prohibit the sale to Wyoming residents or use of fireworks by adopting a resolution under W.S. 35-9-301;

(ii) Promulgate reasonable rules and regulations for authorizing the sale of fireworks.

(b) Notwithstanding subsection (a) of this section, the proposition to prohibit, or authorize in counties that currently prohibit, the sale or use of fireworks in a county shall be submitted to the electors of the county upon receipt by the board of county commissioners of a petition requesting the election signed by a number of the electors of the county equal to fifteen percent (15%) of the total number of votes cast at the general election immediately preceding the date on which the petition is submitted, or by resolution of the board of county commissioners. The proposition shall be submitted at a primary or general election, if the petition or resolution is certified sixty (60) days prior to the primary or general election. If the proposition fails, no such petition shall be submitted for four (4) years following the election.

(c) Any resolution adopted by a county prohibiting the sale or use of fireworks which was in effect on February 1, 1990, is deemed to be valid unless amended or repealed by the board of county commissioners pursuant to subsection (b) of this section.