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Statutes Text

Article - Public Safety




§10–101.

    (a)    In this title the following words have the meanings indicated.

    (b)    (1)    “1.3 G fireworks” means special fireworks designed primarily to produce visible or audible effects by combustion or explosion.

        (2)    “1.3 G fireworks” includes:

            (i)    toy torpedoes, railway torpedoes, firecrackers and salutes that do not qualify as 1.4 G fireworks, exhibition display pieces, illuminating projectiles, incendiary projectiles, and incendiary grenades;

            (ii)    smoke projectiles or bombs containing expelling charges but without bursting charges;

            (iii)    flash powders in inner units not exceeding 2 ounces each, flash sheets in interior packages, and flash powder or spreader cartridges containing an amount not exceeding 72 grains of flash powder each; and

            (iv)    flash cartridges consisting of a paper cartridge shell, small arms primer, and flash composition, not exceeding 180 grains, all assembled in one piece.

    (c)    (1)    “1.4 G fireworks” means common fireworks designed primarily to produce visible effects by combustion.

        (2)    “1.4 G fireworks” includes:

            (i)    small devices containing less than 2 grains of pyrotechnic composition designed to produce an audible effect;

            (ii)    Roman candles, not exceeding 10 balls, that have a total pyrotechnic composition not exceeding 20 grams and inside tube diameter not exceeding 3/8 inch;

            (iii)    sky rockets with sticks, that have a total pyrotechnic composition not exceeding 20 grams and an inside tube diameter not exceeding 1/2 inch;

            (iv)    helicopter–type rockets that have a total pyrotechnic composition not exceeding 20 grams and an inside tube diameter not exceeding 1/2 inch;

            (v)    wheels that have a total pyrotechnic composition not exceeding 60 grams for each driver unit or 240 grams for each wheel and an inside tube diameter of driver units not exceeding 1/2 inch;

            (vi)    illuminating torches and colored fire in any form that have a total pyrotechnic composition not exceeding 100 grams each;

            (vii)    dipped sticks that have a pyrotechnic composition containing any perchlorate not exceeding 5 grams;

            (viii)    mines or shells in which the mortar is an integral part, that have a total pyrotechnic composition not exceeding 40 grams;

            (ix)    firecrackers or salutes with casings that have a total pyrotechnic composition not exceeding 2 grains each and external dimensions not exceeding 1 1/2 inches in length or 1/4 inch in diameter; and

            (x)    novelties that consist of two or more 1.4 G fireworks.

    (d)    “Explosive composition” means a mixture or substance that, when ignited, may cause such a generation of highly heated gases that the resulting gaseous pressures are capable of producing destructive effects on contiguous objects.

    (e)    “Finishing and assembling building” means a structure in which fireworks are assembled and packed but are not mixed or pressed.

    (f)    (1)    “Fireworks” means combustible, implosive or explosive compositions, substances, combinations of substances, or articles that are prepared to produce a visible or audible effect by combustion, explosion, implosion, deflagration, or detonation.

        (2)    “Fireworks” includes 1.3 G fireworks, 1.4 G fireworks, firecrackers, squibs, rockets, Roman candles, fire balloons, and signal lights.

        (3)    “Fireworks” does not include:

            (i)    toy pistols, toy canes, toy guns, or other devices that use paper caps that contain 0.25 grains or less of explosive composition if the devices are constructed so that a hand cannot touch the cap when the cap is in place for use;

            (ii)    toy pistol paper caps that contain less than 0.20 grains of explosive composition;

            (iii)    sparklers that do not contain chlorates or perchlorates;

            (iv)    ground–based sparkling devices that are nonaerial and nonexplosive, and are labeled in accordance with the requirements of the U.S. Consumer Product Safety Commission;

            (v)    paper wrapped snappers that contain less than 0.03 grains of explosive composition; or

            (vi)    ash–producing pellets known as “snakes” that do not contain mercury and are not regulated by the U.S. Department of Transportation.

    (g)    (1)    “Fireworks plant” means land and any building on the land used in connection with the manufacture, packaging, repackaging, or processing of fireworks.

        (2)    “Fireworks plant” includes a storage building used in connection with plant operation.

    (h)    “Mixing building” means a building primarily used to mix and blend pyrotechnic composition other than wet sparkler mixes.

    (i)    “Press building” means a building used primarily for pressing or loading pyrotechnic composition into tubes or containers.

    (j)    “Pyrotechnic composition” means a chemical mixture that on burning and without explosion produces visible or brilliant displays, bright lights, or whistles.

    (k)    “Storage building” means a structure in which finished fireworks or fireworks in any state of processing are stored, but in which processing or manufacturing is not performed.