Bill Text: CT SB00968 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Regulating Special Effects.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-04-07 - Referred by Senate to Committee on Judiciary [SB00968 Detail]
Download: Connecticut-2011-SB00968-Comm_Sub.html
General Assembly |
||
January Session, 2011 |
*_____SB00968PS____031011____* |
AN ACT REGULATING SPECIAL EFFECTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective January 1, 2013) (a) The State Fire Marshal shall adopt regulations, in accordance with chapter 54 of the general statutes, for the granting of permits for supervised displays of special effects by municipalities, fair associations, amusement parks, other organizations or groups of individuals or artisans in pursuit of their trade. Such special effects shall include those produced by pyrotechnics, as described in section 29-357 of the general statutes, as amended by this act, including sparklers and fountains, and flame-producing devices before audiences at indoor or outdoor venues. Such regulations shall also contain provisions for determining the competency of those applying for a permit to fire such special effects.
(b) An applicant for a permit, described in subsection (a) of this section, shall submit a written application at least fifteen days prior to the date of display, on such notice as the State Fire Marshal by regulation prescribes, on forms furnished by the State Fire Marshal. The fee for such application shall be one hundred dollars, made payable to the State Treasurer. Before the State Fire Marshal grants any such permit, (1) the fire marshal for the municipality where the intended display is to be held shall inspect the site intended for the display to determine compliance with the requirements of such regulations, and (2) the chiefs of the police and fire departments or, if there is no police or fire department, the chief executive officer of the municipality where the intended display is to be held shall endorse the site's intended use. Such display shall be of such a character and so located, discharged or fired as in the opinion of the chiefs of the police and fire departments or chief executive officer, after proper inspection, will not be hazardous to property or endanger any person or persons. After such permit has been granted, the possession of pyrotechnics and use of such special effects for such display shall be lawful for that purpose only. No permit granted pursuant to this section shall be transferable. The State Fire Marshal or the local fire marshal may suspend or revoke any such permit if the permittee violates any provision of the general statutes, any regulation or any ordinance relating to special effects.
(c) No display, pursuant to subsection (a) of this section shall be handled or fired by any person unless under the supervision of a person who has been granted a certificate of competency for special effects by the State Fire Marshal. The fee for such certificate shall be two hundred dollars, made payable to the State Treasurer. Such certificate may be renewed every three years upon payment of a fee of one hundred ninety dollars to the State Treasurer. Such certificate of competency shall attest to the fact that such person is competent to supervise the operation and firing of such special effects. The State Fire Marshal may suspend or revoke such certificate at any time for cause.
(d) The State Fire Marshal may grant, in writing, variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of subsection (a) of this section where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the State Fire Marshal, secure the public safety.
(e) Any person, firm or corporation violating the provisions of subsection (a) of this section shall be fined not more than five hundred dollars or be imprisoned not more than ninety days, or be both fined and imprisoned. Any person, firm or corporation violating the provisions of subsection (b) or (c) of this section or any regulation adopted pursuant to subsection (a) of this section shall be fined not more than two thousand dollars or imprisoned not more than one year or be both fined and imprisoned, except if death or injury results from any such violation, such person, firm or corporation shall be fined not more than ten thousand dollars or imprisoned not more than ten years, or be both fined and imprisoned.
Sec. 2. Subsections (a) and (b) of section 29-357 of the general statutes, as amended by section 17 of public act 09-177 and section 6 of public act 10-54, are repealed and the following is substituted in lieu thereof (Effective January 1, 2013):
(a) Except as provided in subsection (b) of this section and section 1 of this act, no person, firm or corporation shall offer for sale, expose for sale, sell at retail or use or explode or possess with intent to sell, use or explode any fireworks. A person who is sixteen years of age or older may offer for sale, expose for sale, sell at retail, purchase, use or possess with intent to sell or use sparklers or fountains of not more than one hundred grams of pyrotechnic mixture per item, which are nonexplosive and nonaerial, provided (1) such sparklers and fountains do not contain magnesium, except for magnalium or magnesium-aluminum alloy, (2) such sparklers and fountains containing any chlorate or perchlorate salts do not exceed five grams of composition per item, and (3) when more than one fountain is mounted on a common base, the total pyrotechnic composition does not exceed two hundred grams.
(b) The State Fire Marshal shall adopt reasonable regulations, in accordance with chapter 54, for the granting of permits for supervised displays of fireworks [or for the indoor use of pyrotechnics, sparklers and fountains for special effects] by municipalities, fair associations, amusement parks, other organizations or groups of individuals or artisans in pursuit of their trade. Such permit may be issued upon application to [said] the State Fire Marshal and after (1) inspection of the site of such display or use by the local fire marshal to determine compliance with the requirements of such regulations, and (2) approval of the chiefs of the police and fire departments, or, if there is no police or fire department, of the first selectman, of the municipality [wherein] in which the display is to be held as is provided in this section. No such display shall be handled or fired by any person until such person has been granted a certificate of competency by the State Fire Marshal, in respect to which a fee of two hundred dollars shall be payable to the State Treasurer when issued and which may be renewed every three years upon payment of a fee of one hundred ninety dollars to the State Treasurer, provided such certificate may be suspended or revoked by said marshal at any time for cause. Such certificate of competency shall attest to the fact that such operator is competent to fire a display. Such display shall be of such a character and so located, discharged or fired as in the opinion of the chiefs of the police and fire departments or such selectman, after proper inspection, will not be hazardous to property or endanger any person or persons. In an aerial bomb, no salute, report or maroon may be used that is composed of a formula of chlorate of potash, sulphur, black needle antimony and dark aluminum. Formulas that may be used in a salute, report or maroon are as follows: (A) Perchlorate of potash, black needle antimony and dark aluminum, and (B) perchlorate of potash, dark aluminum and sulphur. No high explosive such as dynamite, fulminate of mercury or other stimulator for detonating shall be used in any aerial bomb or other pyrotechnics. Application for permits shall be made in writing at least fifteen days prior to the date of display, on such notice as the State Fire Marshal by regulation prescribes, on forms furnished by the State Fire Marshal, and a fee of one hundred dollars shall be payable to the State Treasurer with each such application. After such permit has been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted [hereunder] under this section shall be transferable. Any permit issued under the provisions of this section may be suspended or revoked by the State Fire Marshal or the local fire marshal for violation by the permittee of any provision of the general statutes, any regulation or any ordinance relating to fireworks.
Sec. 3. Section 29-360 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):
No permit shall be issued under the provisions of section 29-357, as amended by this act, or section 1 of this act to a nonresident person, firm or corporation conducting a fireworks or special effects display in this state until such person, firm or corporation has appointed in writing the Secretary of the State and [his] the secretary's successors in office to be [his] such person, firm or corporation's attorney upon whom all process in any action or proceeding against [him] such person, firm or corporation may be served; and in such writing such person, firm or corporation shall agree that any process against such person, firm or corporation which is served on [said] the secretary shall be of the same legal force and validity as if served on the person, firm or corporation, and that such appointment shall continue in force as long as any liability remains outstanding against such person, firm or corporation in this state. Such written appointment shall be acknowledged before some officer authorized to take acknowledgments of deeds and shall be filed in the office of [said] the secretary. Copies certified by [him] the secretary shall be sufficient evidence of such appointment and agreement. Service upon [said] such attorney shall be sufficient service upon the principal, and shall be made by leaving an attested copy of the process with the Secretary of the State at [his] the secretary's office, or with any clerk having charge of the Corporations Division of said office. When legal process against any person, firm or corporation is served upon the Secretary of the State under this section, [he] the secretary shall immediately notify such person, firm or corporation by mail and shall, within two days after such service, forward in the same manner a copy of the process served on [him] the secretary to such person, firm or corporation or to any person designated in writing by such person, firm or corporation. The plaintiff in the process so served shall pay to the secretary, at the time of service, a fee of one and one-half dollars for each page, and in no case less than five dollars, which shall be recovered by [him] the plaintiff as part of his or her taxable costs if [he] the plaintiff prevails in such suit. The secretary shall keep a record of all process served [upon him] in accordance with this section, which record shall show the date and the hour when such service was made.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
January 1, 2013 |
New section |
Sec. 2 |
January 1, 2013 |
29-357(a) and (b) |
Sec. 3 |
January 1, 2013 |
29-360 |
Statement of Legislative Commissioners:
In section 1(a), "those persons" was changed to "those applying for a permit" for clarity.
PS |
Joint Favorable Subst. |