Bill Text: MN HF1774 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Fireworks personal use authorized.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2012-04-16 - Committee report, to pass as amended and re-refer to Rules and Legislative Administration [HF1774 Detail]
Download: Minnesota-2011-HF1774-Engrossed.html
1.2relating to public safety; authorizing personal use of fireworks;amending
1.3Minnesota Statutes 2010, sections 624.20, subdivision 1; 624.22, subdivision 2;
1.4624.25.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 624.20, subdivision 1, is amended to read:
1.7 Subdivision 1. Regulation. (a) As used in sections624.20 to
624.25 :, the term
1.8"fireworks" means any substance or combination of substances or article prepared
1.9for the purpose of producing a visible or an audible effect by combustion, explosion,
1.10deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in
1.11which explosives are used, the type of balloons which require fire underneath to propel
1.12them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other
1.13than those specified in paragraph (c), or other fireworks of like construction, and any
1.14fireworks containing any explosive or inflammable compound, or any tablets or other
1.15device containing any explosive substance and commonly used as fireworks.
1.16(1) "APA 87-1" means the American Pyrotechnic Association Standard 87-1, the
1.17Standard for Construction and Approval for Transportation of Fireworks, Novelties and
1.18Theatrical Pyrotechnics, 2001 Edition.
1.19(2) "Consumer fireworks" means fireworks in a finished state, suitable for use by the
1.20public, listed in APA 87-1, sections 3.1.2, 3.1.3, and 3.5, and containing 75 grams or less
1.21of chemical mixture per tube for a total of 500 grams or less for multiple tubes in a device.
1.22(3) "Display fireworks" means firework devices in a finished state, exclusive of
1.23mere ornamentation, primarily intended for commercial displays which are designed to
1.24produce visible effects, audible effects, or both by combustion, deflagration, or detonation,
2.1including but not limited to salutes containing more than 130 milligrams of explosive
2.2composition, aerial shells containing more than 40 grams of chemical composition
2.3exclusive of light charge and other exhibition display items that exceed the limits
2.4contained in the APA 87-1 Standard for consumer fireworks and does not include any toy
2.5pistols, toy guns, paper caps, sparklers, or novelties.
2.6(4) "Fireworks" means any device intended to produce visible effects, audible
2.7effects, or both by combustion, deflagration, or detonation, and includes display fireworks.
2.8Fireworks does not include sparkling devices, novelties, theatrical pyrotechnic articles,
2.9or consumer fireworks.
2.10(5) "Novelties" means devices containing small amounts of pyrotechnic composition
2.11listed in APA 87-1, sections 3.2, 3.3, and 3.4, and includes sparklers, snakes and glow
2.12worms, smoke devices, or trick noisemakers which include paper streamers, party
2.13poppers, string poppers, snappers, drop pops, each consisting of not more than 25/100
2.14grains of explosive mixture, toy pistols, toy guns, in which paper caps containing 25/100
2.15grains or less of explosive compound are used and toy pistol caps which contain less
2.16than 20/100 grains of explosive mixture.
2.17(6) "Sparkling devices" means ground-based or handheld devices that produce a
2.18shower of sparks and are listed in APA 87-1, sections 3.1.1 and 3.5, and includes fountains,
2.19torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
2.20 (b)The term "fireworks" shall not include toy pistols, toy guns, in which paper caps
2.21containing 25/100 grains or less of explosive compound are used and toy pistol caps
2.22which contain less than 20/100 grains of explosive mixture. The use of sparkling devices,
2.23novelties, or consumer fireworks is not permitted on public property.
2.24(c) The term also does not include wire or wood sparklers of not more than 100
2.25grams of mixture per item, other sparkling items which are nonexplosive and nonaerial
2.26and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less
2.27for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which
2.28include paper streamers, party poppers, string poppers, snappers, and drop pops, each
2.29consisting of not more than twenty-five hundredths grains of explosive mixture. The use
2.30of items listed in this paragraph is not permitted on public property. This paragraph does
2.31not authorize the purchase of items listed in it by persons younger than 18 years of age.
2.32The age of a purchaser of items listed in this paragraph must be verified by photographic
2.33identification.
2.34(d) (c) A local unit of government may impose an annual license fee for the retail
2.35sale ofitems authorized under paragraph (c) consumer fireworks. The annual license
2.36fee of each retail seller that is in the business of selling onlythe items authorized under
3.1paragraph (c) consumer fireworks may not exceed $350, and the annual license of each
3.2other retail seller selling consumer fireworks may not exceed $100. A local unit of
3.3government may not:
3.4 (1) impose any fee or charge, other than the fee authorized by this paragraph, on the
3.5wholesale or retail sale ofitems authorized under paragraph (c) consumer fireworks;
3.6 (2) impose any permit, license, fee, or charge on the retail or wholesale sale of
3.7sparkling devices or novelties;
3.8(3) prohibit or restrict the sale or display ofitems consumer fireworks, novelties,
3.9and sparkling devicesfor from any permanent or temporary retail sale authorized
3.10under paragraph (c) that comply structure that complies with National Fire Protection
3.11Association Standard 1124 (2003 2006 edition), except as provided in paragraph (d); or
3.12(3) (4) impose on a retail seller any financial guarantee requirements, including
3.13bonding or insurance provisions, containing restrictions or conditions not imposed on the
3.14same basis on all other business licensees.; or
3.15(5) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the
3.16wholesale or retail sale of sparkling devices and novelties.
3.17(d) A local unit of government may impose reasonable restrictions on the hours of
3.18operation and location of retailers licensed to sell consumer fireworks under this section.
3.19EFFECTIVE DATE.This section is effective June 1, 2012, and applies to crimes
3.20committed on or after that date.
3.21 Sec. 2. Minnesota Statutes 2010, section 624.22, subdivision 2, is amended to read:
3.22 Subd. 2. Operator certification requirements. (a) An applicant to be a supervising
3.23operator of afireworks display of display fireworks shall meet the requirements of this
3.24subdivision before the applicant is certified by the state fire marshal.
3.25(b) An applicant must be at least 21 years old.
3.26(c) An applicant must have completed a written examination, administered or
3.27approved by the state fire marshal, and achieved a passing score of at least 70 percent.
3.28The state fire marshal must be satisfied that achieving a passing score on the examination
3.29satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally
3.30recognized standards concerning safe practices for the discharge and display of fireworks.
3.31(d) An applicant shall apply in writing to the state fire marshal by completing and
3.32signing an application form provided by the state fire marshal.
3.33(e) An applicant shall submit evidence of experience, which must include active
3.34participation as an assistant or operator in the performance of at least five fireworks
3.35displays, at least one of which must have occurred in the current or preceding year.
4.1EFFECTIVE DATE.This section is effective June 1, 2012.
4.2 Sec. 3. Minnesota Statutes 2010, section 624.25, is amended to read:
4.3624.25 VIOLATION.
4.4Any person violating the provisions of sections624.20 to
624.24 may be sentenced
4.5as follows:
4.6(1) if the violation involves explosive fireworks in an amount of 35 pounds gross
4.7container weight or more, to imprisonment for not more than one year, or to payment of
4.8a fine of not more than $3,000, or both;
4.9(2) if the violation involves explosive fireworks in an amount of less than 35 pounds
4.10gross container weight, to imprisonment for not more than 90 days, or to payment of a
4.11fine of not more than $1,000, or both;and
4.12(3) if the violation involves any amount of fireworks other than explosive fireworks,
4.13to imprisonment for not more than 90 days, or to payment of a fine of not more than
4.14$1,000, or both.;
4.15(4) if the violation involves consumer fireworks under section 624.20, subdivision 1,
4.16paragraph (b), to payment of a maximum fine of $300; and
4.17(5) if the violation involves consumer fireworks under section 624.20, subdivision 1,
4.18paragraph (b), and the person has a conviction for a violation under this clause or clause
4.19(4) within the past five years of the date of the violation, to imprisonment of not more than
4.2090 days or to payment of a fine of not more than $1,000, or both.
4.21EFFECTIVE DATE.This section is effective June 1, 2012, and applies to crimes
4.22committed on or after that date.
1.3Minnesota Statutes 2010, sections 624.20, subdivision 1; 624.22, subdivision 2;
1.4624.25.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 624.20, subdivision 1, is amended to read:
1.7 Subdivision 1. Regulation. (a) As used in sections
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16(1) "APA 87-1" means the American Pyrotechnic Association Standard 87-1, the
1.17Standard for Construction and Approval for Transportation of Fireworks, Novelties and
1.18Theatrical Pyrotechnics, 2001 Edition.
1.19(2) "Consumer fireworks" means fireworks in a finished state, suitable for use by the
1.20public, listed in APA 87-1, sections 3.1.2, 3.1.3, and 3.5, and containing 75 grams or less
1.21of chemical mixture per tube for a total of 500 grams or less for multiple tubes in a device.
1.22(3) "Display fireworks" means firework devices in a finished state, exclusive of
1.23mere ornamentation, primarily intended for commercial displays which are designed to
1.24produce visible effects, audible effects, or both by combustion, deflagration, or detonation,
2.1including but not limited to salutes containing more than 130 milligrams of explosive
2.2composition, aerial shells containing more than 40 grams of chemical composition
2.3exclusive of light charge and other exhibition display items that exceed the limits
2.4contained in the APA 87-1 Standard for consumer fireworks and does not include any toy
2.5pistols, toy guns, paper caps, sparklers, or novelties.
2.6(4) "Fireworks" means any device intended to produce visible effects, audible
2.7effects, or both by combustion, deflagration, or detonation, and includes display fireworks.
2.8Fireworks does not include sparkling devices, novelties, theatrical pyrotechnic articles,
2.9or consumer fireworks.
2.10(5) "Novelties" means devices containing small amounts of pyrotechnic composition
2.11listed in APA 87-1, sections 3.2, 3.3, and 3.4, and includes sparklers, snakes and glow
2.12worms, smoke devices, or trick noisemakers which include paper streamers, party
2.13poppers, string poppers, snappers, drop pops, each consisting of not more than 25/100
2.14grains of explosive mixture, toy pistols, toy guns, in which paper caps containing 25/100
2.15grains or less of explosive compound are used and toy pistol caps which contain less
2.16than 20/100 grains of explosive mixture.
2.17(6) "Sparkling devices" means ground-based or handheld devices that produce a
2.18shower of sparks and are listed in APA 87-1, sections 3.1.1 and 3.5, and includes fountains,
2.19torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
2.20 (b)
2.21
2.22
2.23novelties, or consumer fireworks is not permitted on public property.
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31not authorize the purchase of items listed in it by persons younger than 18 years of age.
2.32The age of a purchaser of items listed in this paragraph must be verified by photographic
2.33identification.
2.34
2.35sale of
2.36fee of each retail seller that is in the business of selling only
3.1
3.2other retail seller selling consumer fireworks may not exceed $100. A local unit of
3.3government may not:
3.4 (1) impose any fee or charge, other than the fee authorized by this paragraph, on the
3.5wholesale or retail sale of
3.6 (2) impose any permit, license, fee, or charge on the retail or wholesale sale of
3.7sparkling devices or novelties;
3.8(3) prohibit or restrict the sale or display of
3.9and sparkling devices
3.10
3.11Association Standard 1124 (
3.12
3.13bonding or insurance provisions, containing restrictions or conditions not imposed on the
3.14same basis on all other business licensees
3.15(5) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the
3.16wholesale or retail sale of sparkling devices and novelties.
3.17(d) A local unit of government may impose reasonable restrictions on the hours of
3.18operation and location of retailers licensed to sell consumer fireworks under this section.
3.19EFFECTIVE DATE.This section is effective June 1, 2012, and applies to crimes
3.20committed on or after that date.
3.21 Sec. 2. Minnesota Statutes 2010, section 624.22, subdivision 2, is amended to read:
3.22 Subd. 2. Operator certification requirements. (a) An applicant to be a supervising
3.23operator of a
3.24subdivision before the applicant is certified by the state fire marshal.
3.25(b) An applicant must be at least 21 years old.
3.26(c) An applicant must have completed a written examination, administered or
3.27approved by the state fire marshal, and achieved a passing score of at least 70 percent.
3.28The state fire marshal must be satisfied that achieving a passing score on the examination
3.29satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally
3.30recognized standards concerning safe practices for the discharge and display of fireworks.
3.31(d) An applicant shall apply in writing to the state fire marshal by completing and
3.32signing an application form provided by the state fire marshal.
3.33(e) An applicant shall submit evidence of experience, which must include active
3.34participation as an assistant or operator in the performance of at least five fireworks
3.35displays, at least one of which must have occurred in the current or preceding year.
4.1EFFECTIVE DATE.This section is effective June 1, 2012.
4.2 Sec. 3. Minnesota Statutes 2010, section 624.25, is amended to read:
4.3624.25 VIOLATION.
4.4Any person violating the provisions of sections
4.5as follows:
4.6(1) if the violation involves explosive fireworks in an amount of 35 pounds gross
4.7container weight or more, to imprisonment for not more than one year, or to payment of
4.8a fine of not more than $3,000, or both;
4.9(2) if the violation involves explosive fireworks in an amount of less than 35 pounds
4.10gross container weight, to imprisonment for not more than 90 days, or to payment of a
4.11fine of not more than $1,000, or both;
4.12(3) if the violation involves any amount of fireworks other than explosive fireworks,
4.13to imprisonment for not more than 90 days, or to payment of a fine of not more than
4.14$1,000, or both
4.15(4) if the violation involves consumer fireworks under section 624.20, subdivision 1,
4.16paragraph (b), to payment of a maximum fine of $300; and
4.17(5) if the violation involves consumer fireworks under section 624.20, subdivision 1,
4.18paragraph (b), and the person has a conviction for a violation under this clause or clause
4.19(4) within the past five years of the date of the violation, to imprisonment of not more than
4.2090 days or to payment of a fine of not more than $1,000, or both.
4.21EFFECTIVE DATE.This section is effective June 1, 2012, and applies to crimes
4.22committed on or after that date.
