Bill Text: NJ A3299 | 2010-2011 | Regular Session | Introduced
Bill Title: Makes all fireworks subject to Explosives Act.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2010-10-07 - Introduced, Referred to Assembly Law and Public Safety Committee [A3299 Detail]
Download: New_Jersey-2010-A3299-Introduced.html
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Middlesex and Monmouth)
SYNOPSIS
Makes all fireworks subject to Explosives Act.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the regulation of fireworks and amending section 2 of P.L.1960, c.55 (C.21:1A-129).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1960, c.55 (C.21:1A-129) is amended to read as follows:
2. As used in this act unless the context clearly indicates otherwise:
(a) "Act" means this act and rules and regulations promulgated hereunder.
(b) "Commissioner" means the Commissioner of the Department of Labor and Industry or his authorized representative.
(c) "Barricaded" means that a building containing explosives is effectively screened from a magazine, inhabited building, railway or highway, either by a natural barricade or by an artificial barricade of such height that a straight line from the top of any sidewall of a building containing explosives to the eave line of any magazine or inhabited building or to a point 12 feet above the center of a railway or highway, will pass through such intervening natural or artificial barricade.
(d) "Artificial barricade" means an artificial mound or properly revetted wall of earth of a minimum thickness of 3 feet.
(e) "Natural barricade" means natural features of the ground including but not limited to hills, or timber of sufficient density so that the surrounding exposures which require protection cannot be seen from the magazine containing explosives when the trees are bare of leaves.
(f) "Explosives" means any chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible materials or other ingredients, in such proportions, quantities or packing that an ignition by fire, by friction, by concussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects. The term "explosives" shall include, but is not limited to: commercial explosives, propellants and nitro-carbo-nitrates, and fireworks and pyrotechnics regulated under R.S.21:2-1 et seq. and R.S.21:3-1 et seq. The term ["explosives" ,] "explosives," except as specifically stated in this act, shall not include small arms ammunition[,] or explosives in the forms prescribed by the official United States Pharmacopoeia[, or fireworks regulated under Revised Statutes sections 21:2-1 through 21:2-7].
(g) "Commercial explosives" means all explosives except propellants and nitro-carbo-nitrates, including, but not limited to, dynamite, black blasting powder, pellet powder, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters fuse lighters, squibs, cordeau detonant fuses, instantaneous fuses, igniter cord and igniters.
(h) "Propellants" means solid chemicals or solid chemical mixtures which function by rapid combustion of successive layers and include, but are not limited to, smokeless powder for small arms, smokeless powder for cannon, smokeless powder or solid propellants for rockets, jet thrust units, or other devices.
(i) "Nitro-carbo-nitrate" means a mixture intended for blasting consisting substantially of inorganic nitrates and carbonaceous combustibles in which none of the ingredients is a commercial explosive and the finished product, as mixed and packaged for use or shipment, cannot be detonated by the test procedure established by rules and regulations promulgated under this act.
(j) "Explosives manufacturing establishment" means all lands, and buildings situated thereon, used in connection with the manufacture of explosives.
(k) "Explosives manufacturing building" means any building or other structure, except magazines, in which the manufacture of explosives is carried on.
(l) "Magazine" means any building or structure used for the storage of explosives but shall not mean an explosives manufacturing building.
(m) "Inhabited building" means a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosives.
(n) "Highway" means any public street, road, highway, alley or those parts of navigable streams which are used as highways of commerce.
(o) "Public conveyance" means any transportation facility which is carrying passengers for hire.
(p) "Person" means any natural person, partnership, firm, association or corporation.
(q) "Railway" shall mean and include any steam, electric or other railroad or railway which carries passengers for hire on the particular line or branch in the vicinity where explosives storage magazines or explosives manufacturing buildings are situated, but shall not include auxiliary tracks, spurs and sidings installed and primarily used for transporting freight.
(cf: P.L.1960, c.55, s.2)
2. This act shall take effect on the first day of the fourth month after enactment, but the Commissioner of Labor may take any anticipatory administrative in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill amends the definition of "explosives" as set forth in the "Explosives Act," P.L.1960, c.55 (C.21:1A-128 et seq.), to include all fireworks and pyrotechnics. This change will allow the Department of Labor to more closely monitor the use and display of fireworks and pyrotechnics in this State.
The Department of Labor is statutorily charged with enforcing the provisions of the Explosives Act. The act has been interpreted to include fireworks and pyrotechnics that are electronically ignited. Therefore, the use of electronically ignited fireworks in displays is strictly regulated by the department. To use electronically ignited fireworks, operators must prove they are competent to handle these fireworks in order to obtain a use permit by the department. The department also imposes other restrictions, such as limiting their display to certain time and places, and a variance must be obtained from the department for exceptions to these restrictions. For example, a variance is required to display fireworks in the evenings or on Sundays. The department also regulates the transport and storage of these fireworks.
But fireworks and pyrotechnics that are manually ignited are primarily regulated by municipalities. While the sale, possession or use of fireworks is generally prohibited, municipalities, religious groups, civic organizations, fair associations and other groups may apply in writing to the governing body of a municipality for a special permit authorizing the purchase, possession and public display of fireworks. The governing body may, by resolution, grant this special permit to a competent operator who has been approved by the municipality's police and fire chiefs. The police and fire chiefs also are responsible for making an inspection to ensure that the display is conducted in a safe area and manner. The operator must be insured for at least $2,500 in case of injuries or property damage.
Under the bill, the operator of manually ignited fireworks would be required to satisfy the same requirements as those imposed by the department on operators of electronically ignited fireworks.
