Bill Text: MN HF452 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Display and consumer fireworks provided.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2011-02-14 - Author added Abeler [HF452 Detail]
Download: Minnesota-2011-HF452-Introduced.html
1.2relating to public safety; providing for display and consumer fireworks;amending
1.3Minnesota Statutes 2010, sections 624.20, subdivision 1; 624.21; 624.22,
1.4subdivision 2; repealing Minnesota Statutes 2010, section 624.20, subdivision 2.
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 terms in
1.16paragraphs (b) to (e) have the meanings given them.
1.17 (b)The term "fireworks" shall not include toy pistols, toy guns, in which paper caps
1.18containing 25/100 grains or less of explosive compound are used and toy pistol caps which
1.19contain less than 20/100 grains of explosive mixture "American Pyrotechnic Association
1.20Standard 87-1" (APA 87-1) means the Standard for Construction and Approval for
1.21Transportation of Fireworks, Novelties and Theatrical Pyrotechnics, 2001 Edition.
1.22 (c)The term also does not include wire or wood sparklers of not more than 100
1.23grams of mixture per item, other sparkling items which are nonexplosive and nonaerial
1.24and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less
2.1for multiple tubes, "Fireworks" means devices, other than ground-based and handheld
2.2sparkling devices, novelties, or theatrical pyrotechnic articles, which are intended to
2.3produce visible effects, audible effects, or both by combustion, deflagration, or detonation
2.4and include the following:
2.5(1) "display fireworks," which means firework devices in a finished state, exclusive
2.6of mere ornamentation, primarily intended for commercial displays which are designed to
2.7produce visible effects, audible effects, or both by combustion, deflagration, or detonation,
2.8including but not limited to salutes containing more than 130 milligrams of explosive
2.9composition, aerial shells containing more than 40 grams of chemical composition
2.10exclusive of light charge and other exhibition display items that exceed the limits
2.11contained in the APA 87-1 Standard for consumer fireworks and does not include any toy
2.12pistols, toy guns, paper caps, sparklers, or novelties; and
2.13(2) "consumer fireworks," which means fireworks in a finished state, suitable for
2.14use by the public, listed in APA 87-1, Sections 3.1.2, 3.1.3, and 3.5, and containing 75
2.15grams or less of chemical mixture per tube for a total of 500 grams or less for multiple
2.16tubes in a device.
2.17(d) "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 include fountains,
2.19torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
2.20(e) "Novelties" means a device containing small amounts of pyrotechnic composition
2.21and are listed in APA 87-1, Sections 3.2, 3.3, and 3.4, and include sparklers, snakes and
2.22glow worms, smoke devices, or trick noisemakers which include paper streamers, party
2.23poppers, string poppers, snappers,and drop pops, each consisting of not more than
2.24twenty-five hundredths grains of explosive mixture, toy pistols, toy guns, in which paper
2.25caps containing 25/100 grains or less of explosive compound are used and toy pistol caps
2.26which contain less than 20/100 grains of explosive mixture.
2.27(f) The use of items listedin this paragraph is under paragraphs (c), clause (2), (d),
2.28and (e) are not permitted on public property.This paragraph does Paragraphs (c), clause
2.29(2), (d), and (e) do not authorize the purchase of items listedin it under these paragraphs
2.30by persons younger than 18 years of age. The age of a purchaser of items listedin this
2.31paragraph under these paragraphs must be verified by photographic identification.
2.32(d) (g) A local unit of government may impose an annual license fee for the retail
2.33sale ofitems authorized under paragraph (c) consumer fireworks. The annual license
2.34fee of each retail seller that is in the business of sellingonly the items authorized under
2.35paragraph (c) may not exceed $350, and the annual license of each other retail seller may
2.36not exceed $100 consumer fireworks shall not exceed $350. A permit shall not be required
3.1nor shall a local unit of government impose an annual license fee for the retail sale of
3.2sparkling devices or novelties. A local unit of government may not:
3.3 (1) impose any feeor charge, other than the fee authorized by this paragraph, on the
3.4retail sale of items authorized under in this paragraph (c);
3.5 (2)prohibit or restrict the charge any fee for, or impose any restrictions on storage,
3.6sale, use, transport, set up, or display ofitems consumer fireworks, sparkling devices, or
3.7novelties for permanent or temporary retail saleauthorized under paragraph (c) from any
3.8structure whatsoever thatcomply complies with National Fire Protection Association
3.9Standard 1124 (2003 2006 edition); or
3.10 (3) impose on a retail seller, wholesaler, or distributor any financial guarantee
3.11requirements, including bonding or insurance provisions, containing restrictions or
3.12conditions not imposed on the same basis on all other business licensees.
3.13 Sec. 2. Minnesota Statutes 2010, section 624.21, is amended to read:
3.14624.21 SALE, POSSESSION, AND USE OF FIREWORKSPROHIBITED.
3.15Except as otherwise provided in sections
624.20 to
624.25, It shall be unlawful
3.16lawful for any person to store, transport, offer for sale, expose for sale,sell set up, or
3.17display at retail or wholesale, possess, advertise, use, or explode any consumer fireworks,
3.18sparkling devices, or novelties in compliance with the provisions of sections 624.20 to
3.19624.25.This section shall not be construed to prohibit The possession, use, or explosion
3.20of fireworks by an engineer licensed pursuant to sections326.02 and
326.03 or a person
3.21under the engineer's direct supervision when undertaking acoustical testing; or sales
3.22at wholesale to those persons holding valid permits for a fireworks display from a
3.23governmental subdivision of the state; or sales outside the state or sales to licensed
3.24professional engineers for acoustical testing purposes only, shall be lawful.
3.25 Sec. 3. Minnesota Statutes 2010, section 624.22, subdivision 2, is amended to read:
3.26 Subd. 2. Operator certification requirements. (a) An applicant to be a supervising
3.27operator of a fireworks display of display fireworks shall meet the requirements of this
3.28subdivision before the applicant is certified by the state fire marshal.
3.29(b) An applicant must be at least 21 years old.
3.30(c) An applicant must have completed a written examination, administered or
3.31approved by the state fire marshal, and achieved a passing score of at least 70 percent.
3.32The state fire marshal must be satisfied that achieving a passing score on the examination
3.33satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally
3.34recognized standards concerning safe practices for the discharge and display of fireworks.
4.1(d) An applicant shall apply in writing to the state fire marshal by completing and
4.2signing an application form provided by the state fire marshal.
4.3(e) An applicant shall submit evidence of experience, which must include active
4.4participation as an assistant or operator in the performance of at least five fireworks
4.5displays, at least one of which must have occurred in the current or preceding year.
4.6 Sec. 4. REPEALER.
4.7Minnesota Statutes 2010, section 624.20, subdivision 2, is repealed.
1.3Minnesota Statutes 2010, sections 624.20, subdivision 1; 624.21; 624.22,
1.4subdivision 2; repealing Minnesota Statutes 2010, section 624.20, subdivision 2.
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
1.16paragraphs (b) to (e) have the meanings given them.
1.17 (b)
1.18
1.19
1.20Standard 87-1" (APA 87-1) means the Standard for Construction and Approval for
1.21Transportation of Fireworks, Novelties and Theatrical Pyrotechnics, 2001 Edition.
1.22 (c)
1.23
1.24
2.1
2.2sparkling devices, novelties, or theatrical pyrotechnic articles, which are intended to
2.3produce visible effects, audible effects, or both by combustion, deflagration, or detonation
2.4and include the following:
2.5(1) "display fireworks," which means firework devices in a finished state, exclusive
2.6of mere ornamentation, primarily intended for commercial displays which are designed to
2.7produce visible effects, audible effects, or both by combustion, deflagration, or detonation,
2.8including but not limited to salutes containing more than 130 milligrams of explosive
2.9composition, aerial shells containing more than 40 grams of chemical composition
2.10exclusive of light charge and other exhibition display items that exceed the limits
2.11contained in the APA 87-1 Standard for consumer fireworks and does not include any toy
2.12pistols, toy guns, paper caps, sparklers, or novelties; and
2.13(2) "consumer fireworks," which means fireworks in a finished state, suitable for
2.14use by the public, listed in APA 87-1, Sections 3.1.2, 3.1.3, and 3.5, and containing 75
2.15grams or less of chemical mixture per tube for a total of 500 grams or less for multiple
2.16tubes in a device.
2.17(d) "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 include fountains,
2.19torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
2.20(e) "Novelties" means a device containing small amounts of pyrotechnic composition
2.21and are listed in APA 87-1, Sections 3.2, 3.3, and 3.4, and include sparklers, snakes and
2.22glow worms, smoke devices, or trick noisemakers which include paper streamers, party
2.23poppers, string poppers, snappers,
2.24twenty-five hundredths grains of explosive mixture, toy pistols, toy guns, in which paper
2.25caps containing 25/100 grains or less of explosive compound are used and toy pistol caps
2.26which contain less than 20/100 grains of explosive mixture.
2.27(f) The use of items listed
2.28and (e) are not permitted on public property.
2.29(2), (d), and (e) do not authorize the purchase of items listed
2.30by persons younger than 18 years of age. The age of a purchaser of items listed
2.31
2.32
2.33sale of
2.34fee of each retail seller that is in the business of selling
2.35
2.36
3.1nor shall a local unit of government impose an annual license fee for the retail sale of
3.2sparkling devices or novelties. A local unit of government may not:
3.3 (1) impose any fee
3.4
3.5 (2)
3.6sale, use, transport, set up, or display of
3.7novelties for permanent or temporary retail sale
3.8structure whatsoever that
3.9Standard 1124 (
3.10 (3) impose on a retail seller, wholesaler, or distributor any financial guarantee
3.11requirements, including bonding or insurance provisions, containing restrictions or
3.12conditions not imposed on the same basis on all other business licensees.
3.13 Sec. 2. Minnesota Statutes 2010, section 624.21, is amended to read:
3.14624.21 SALE, POSSESSION, AND USE OF FIREWORKS
3.15
3.16lawful for any person to store, transport, offer for sale, expose for sale,
3.17display at retail or wholesale, possess, advertise, use, or explode any consumer fireworks,
3.18sparkling devices, or novelties in compliance with the provisions of sections 624.20 to
3.19624.25.
3.20of fireworks by an engineer licensed pursuant to sections
3.21under the engineer's direct supervision when undertaking acoustical testing; or sales
3.22at wholesale to those persons holding valid permits for a fireworks display from a
3.23governmental subdivision of the state; or sales outside the state or sales to licensed
3.24professional engineers for acoustical testing purposes only, shall be lawful.
3.25 Sec. 3. Minnesota Statutes 2010, section 624.22, subdivision 2, is amended to read:
3.26 Subd. 2. Operator certification requirements. (a) An applicant to be a supervising
3.27operator of a fireworks display of display fireworks shall meet the requirements of this
3.28subdivision before the applicant is certified by the state fire marshal.
3.29(b) An applicant must be at least 21 years old.
3.30(c) An applicant must have completed a written examination, administered or
3.31approved by the state fire marshal, and achieved a passing score of at least 70 percent.
3.32The state fire marshal must be satisfied that achieving a passing score on the examination
3.33satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally
3.34recognized standards concerning safe practices for the discharge and display of fireworks.
4.1(d) An applicant shall apply in writing to the state fire marshal by completing and
4.2signing an application form provided by the state fire marshal.
4.3(e) An applicant shall submit evidence of experience, which must include active
4.4participation as an assistant or operator in the performance of at least five fireworks
4.5displays, at least one of which must have occurred in the current or preceding year.
4.6 Sec. 4. REPEALER.
4.7Minnesota Statutes 2010, section 624.20, subdivision 2, is repealed.
