Bill Text: MN SF1694 | 2011-2012 | 87th Legislature | Chaptered

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Bill Title: Fireworks manufacture, sale and use regulations modifications

Spectrum: Moderate Partisan Bill (Republican 10-2)

Status: (Vetoed) 2012-05-03 - Veto override attempt failed [SF1694 Detail]

Download: Minnesota-2011-SF1694-Chaptered.html

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CHAPTER 243--S.F.No. 1694

An act

relating to public safety; regulating the manufacture, sale, and use of
fireworks;amending Minnesota Statutes 2010, section 624.20, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 624.20, subdivision 1, is amended to read:
    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.:
(1) "aerial and audible devices" means fireworks in a finished state, suitable for
use by the public, listed in APA 87-1, sections 3.1.2, 3.1.3, and 3.5, and containing 75
grams or less of chemical mixture per tube for a total of 500 grams or less for multiple
tubes in a device;
(2) "APA 87-1" means the American Pyrotechnic Association Standard 87-1 from
the Standard for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 Edition;
(3) "display fireworks" means firework devices in a finished state, exclusive of mere
ornamentation, primarily intended for commercial displays that are designed to produce
visible effects, audible effects, or both, by combustion, deflagration, or detonation.
The term includes, but is not limited to, salutes containing more than 130 milligrams
of explosive composition, aerial shells containing more than 40 grams of chemical
composition exclusive of light charge, and other exhibition display items that exceed the
limits contained in APA 87-1 for aerial and audible devices. The term does not include
any toy pistols, toy guns, paper caps, sparkling devices, or novelties;
(4) "fireworks" means any device, other than sparkling devices, novelties, aerial and
audible devices, or theatrical pyrotechnic articles that are intended to produce visible
effects, audible effects, or both, by combustion, deflagration, or detonation. The term
includes "display fireworks";
(5) "novelties" means a device containing small amounts of pyrotechnic composition
that is listed in APA 87-1, Sections 3.2, 3.3, and 3.4. The term includes deregulated
sparklers, snakes and glow worms, smoke devices, and trick noisemakers, including paper
streamers, party poppers, string poppers, snappers, drop pops, each consisting of not
more than 25/100 grains of explosive mixture, toy pistols, toy guns, in which paper caps
containing 25/100 grains or less of explosive compound are used, and toy pistol caps that
contain less than 20/100 grains of explosive mixture; and
(6) "sparkling devices" means ground-based or handheld devices that produce a
shower of sparks that are listed in APA 87-1, Sections 3.1.1 and 3.5. The term includes
fountains, torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and
sparklers.
    (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.
(b) Nothing in sections 624.20 to 624.25 authorizes the possession or use of
novelties, sparkling devices, or aerial and audible devices on public property or the
purchase of these items by persons younger than 18 years of age. A person selling
novelties, sparkling devices, or aerial and audible devices shall verify the age of a
purchaser by photographic identification.
    (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) (c) A local unit of government may impose an annual license fee for the retail sale
of items authorized under paragraph (c) aerial and audible devices. The fee must be set at
a reasonable amount based on the public safety issues and inspections associated with
these devices. 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 or wholesale sale of items authorized under paragraph (c) aerial and audible devices;
(2) impose any permit, license, fee, or charge on the retail or wholesale sale of
sparkling devices or novelties;
    (2) (3) prohibit or restrict the sale or display of items novelties, sparkling devices,
or aerial and audible devices for from any permanent or temporary retail sale authorized
under paragraph (c) structure that comply complies with National Fire Protection
Association Standard 1124 (2003 2006 edition); or
    (3) (4) 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; or
(5) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the
wholesale or retail sale of sparkling devices or novelties.
(d) This section does not preempt a town or home rule charter or statutory city from
enacting and enforcing ordinances under the city charter or chapters 365, 368, 412 or 462,
that regulate the conditions of use for aerial and audible devices and display fireworks.
An ordinance to regulate use must be reasonable and must not prohibit all use in the
jurisdiction, except as provided in paragraph (f).
(e) For the purposes of regulating the conditions of use for aerial and audible devices,
display fireworks, sparkling devices, and novelties, a county has the same authority and
power granted to a statutory city by chapter 412 and paragraph (d). If a home rule charter
or statutory city or town has enacted an ordinance, rule, or regulation under paragraph (d),
that ordinance, rule, or regulation prevails within the city or town.
(f) Aerial and audible devices may only be sold or used in the state from June 1 to
July 7 of any year.
EFFECTIVE DATE.This section is effective June 1, 2012.