Bill Text: MN SF1936 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Fireworks manufacture, sale and use regulation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-02-27 - Referred to Judiciary [SF1936 Detail]
Download: Minnesota-2013-SF1936-Introduced.html
1.2relating to public safety; regulating the manufacture, sale, and use of fireworks;
1.3amending Minnesota Statutes 2012, section 624.20, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 624.20, subdivision 1, is amended to read:
1.6 Subdivision 1. Regulation. (a) As used in sections624.20 to
624.25 , the term
1.7"fireworks" means any substance or combination of substances or article prepared
1.8for the purpose of producing a visible or an audible effect by combustion, explosion,
1.9deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in
1.10which explosives are used, the type of balloons which require fire underneath to propel
1.11them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other
1.12than those specified in paragraph (c), or other fireworks of like construction, and any
1.13fireworks containing any explosive or inflammable compound, or any tablets or other
1.14device containing any explosive substance and commonly used as fireworks.:
1.15(1) "aerial and audible devices" means fireworks in a finished state, suitable for use by
1.16the public, listed in APA 87-1, sections 3.1.2, 3.1.3, and 3.5, and containing 75 grams or less
1.17of chemical mixture per tube for a total of 500 grams or less for multiple tubes in a device;
1.18(2) "APA 87-1" means the American Pyrotechnic Association Standard 87-1 from
1.19the Standard for Construction and Approval for Transportation of Fireworks, Novelties,
1.20and Theatrical Pyrotechnics, 2001 Edition;
1.21(3) "display fireworks" means firework devices in a finished state, exclusive of mere
1.22ornamentation, primarily intended for commercial displays that are designed to produce
1.23visible effects, audible effects, or both, by combustion, deflagration, or detonation.
1.24The term includes, but is not limited to, salutes containing more than 130 milligrams
2.1of explosive composition, aerial shells containing more than 40 grams of chemical
2.2composition exclusive of light charge, and other exhibition display items that exceed the
2.3limits contained in APA 87-1 for aerial and audible devices. The term does not include
2.4any toy pistols, toy guns, paper caps, sparkling devices, or novelties;
2.5(4) "fireworks" means any device, other than sparkling devices, novelties, aerial and
2.6audible devices, or theatrical pyrotechnic articles that are intended to produce visible
2.7effects, audible effects, or both, by combustion, deflagration, or detonation. The term
2.8includes display fireworks;
2.9(5) "novelties" means devices containing small amounts of pyrotechnic composition
2.10that is listed in APA 87-1, sections 3.2, 3.3, and 3.4. The term includes deregulated
2.11sparklers, snakes and glow worms, smoke devices, and trick noisemakers, including paper
2.12streamers, party poppers, string poppers, snappers, drop pops, each consisting of not
2.13more than 25/100 grains of explosive mixture; toy pistols, toy guns, in which paper caps
2.14containing 25/100 grains or less of explosive compound are used; and toy pistol caps that
2.15contain less than 20/100 grains of explosive mixture; and
2.16(6) "sparkling devices" means ground-based or handheld devices that produce a
2.17shower of sparks that are listed in APA 87-1, sections 3.1.1 and 3.5. The term includes
2.18fountains, torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and
2.19sparklers.
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.
2.23(c) The term also does not include wire or wood sparklers of not more than 100
2.24grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and
2.25contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less for
2.26multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include
2.27paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of
2.28not more than twenty-five hundredths grains of explosive mixture. The use of items listed
2.29in this paragraph is not permitted on public property. This paragraph does not authorize
2.30the purchase of items listed in it by persons younger than 18 years of age. The age of a
2.31purchaser of items listed in this paragraph must be verified by photographic identification.
2.32(b) Nothing in sections 624.20 to 624.25 authorizes the possession or use of
2.33novelties, sparkling devices, or aerial and audible devices on public property or the
2.34purchase of these items by persons younger than 18 years of age. A person selling
2.35novelties, sparkling devices, or aerial and audible devices shall verify the age of a
2.36purchaser by photographic identification.
3.1(d) (c) A local unit of government may impose an annual license fee for the retail sale
3.2ofitems authorized under paragraph (c) aerial and audible devices. The fee must be set at
3.3a reasonable amount based on the public safety issues and inspections associated with
3.4these devices.The annual license fee of each retail seller that is in the business of selling
3.5only the items authorized under paragraph (c) may not exceed $350, and the annual license
3.6of each other retail seller may not exceed $100. A local unit of government may not:
3.7 (1) impose any fee or charge, other than the fee authorized by this paragraph, on the
3.8retail or wholesale sale ofitems authorized under paragraph (c) aerial and audible devices;
3.9(2) impose any permit, license, fee, or charge on the retail or wholesale sale of
3.10sparkling devices or novelties;
3.11(2) (3) prohibit or restrict the sale or display of items novelties, sparkling devices,
3.12or aerial and audible devicesfor from any permanent or temporary retail sale authorized
3.13under paragraph (c) structure that comply complies with National Fire Protection
3.14Association Standard 1124 (2003 2006 edition); or
3.15(3) (4) impose on a retail seller any financial guarantee requirements, including
3.16bonding or insurance provisions, containing restrictions or conditions not imposed on the
3.17same basis on all other business licensees; or
3.18(5) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the
3.19wholesale or retail sale of sparkling devices or novelties.
3.20(d) This section does not preempt a town or home rule charter or statutory city from
3.21enacting and enforcing ordinances under the city charter or chapter 365, 368, 412, or 462,
3.22that regulate the conditions of use for aerial and audible devices and display fireworks.
3.23An ordinance to regulate use must be reasonable and must not prohibit all use in the
3.24jurisdiction, except as provided in paragraph (f).
3.25(e) For the purposes of regulating the conditions of use for aerial and audible devices,
3.26display fireworks, sparkling devices, and novelties, a county has the same authority and
3.27power granted to a statutory city by chapter 412 and paragraph (d). If a home rule charter
3.28or statutory city or town has enacted an ordinance, rule, or regulation under paragraph (d),
3.29that ordinance, rule, or regulation prevails within the city or town.
3.30(f) Aerial and audible devices may only be sold or used in the state from June 1 to
3.31July 7 of any year.
3.32EFFECTIVE DATE.This section is effective June 1, 2014.
1.3amending Minnesota Statutes 2012, section 624.20, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 624.20, subdivision 1, is amended to read:
1.6 Subdivision 1. Regulation. (a) As used in sections
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15(1) "aerial and audible devices" means fireworks in a finished state, suitable for use by
1.16the public, listed in APA 87-1, sections 3.1.2, 3.1.3, and 3.5, and containing 75 grams or less
1.17of chemical mixture per tube for a total of 500 grams or less for multiple tubes in a device;
1.18(2) "APA 87-1" means the American Pyrotechnic Association Standard 87-1 from
1.19the Standard for Construction and Approval for Transportation of Fireworks, Novelties,
1.20and Theatrical Pyrotechnics, 2001 Edition;
1.21(3) "display fireworks" means firework devices in a finished state, exclusive of mere
1.22ornamentation, primarily intended for commercial displays that are designed to produce
1.23visible effects, audible effects, or both, by combustion, deflagration, or detonation.
1.24The term includes, but is not limited to, salutes containing more than 130 milligrams
2.1of explosive composition, aerial shells containing more than 40 grams of chemical
2.2composition exclusive of light charge, and other exhibition display items that exceed the
2.3limits contained in APA 87-1 for aerial and audible devices. The term does not include
2.4any toy pistols, toy guns, paper caps, sparkling devices, or novelties;
2.5(4) "fireworks" means any device, other than sparkling devices, novelties, aerial and
2.6audible devices, or theatrical pyrotechnic articles that are intended to produce visible
2.7effects, audible effects, or both, by combustion, deflagration, or detonation. The term
2.8includes display fireworks;
2.9(5) "novelties" means devices containing small amounts of pyrotechnic composition
2.10that is listed in APA 87-1, sections 3.2, 3.3, and 3.4. The term includes deregulated
2.11sparklers, snakes and glow worms, smoke devices, and trick noisemakers, including paper
2.12streamers, party poppers, string poppers, snappers, drop pops, each consisting of not
2.13more than 25/100 grains of explosive mixture; toy pistols, toy guns, in which paper caps
2.14containing 25/100 grains or less of explosive compound are used; and toy pistol caps that
2.15contain less than 20/100 grains of explosive mixture; and
2.16(6) "sparkling devices" means ground-based or handheld devices that produce a
2.17shower of sparks that are listed in APA 87-1, sections 3.1.1 and 3.5. The term includes
2.18fountains, torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and
2.19sparklers.
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32(b) Nothing in sections 624.20 to 624.25 authorizes the possession or use of
2.33novelties, sparkling devices, or aerial and audible devices on public property or the
2.34purchase of these items by persons younger than 18 years of age. A person selling
2.35novelties, sparkling devices, or aerial and audible devices shall verify the age of a
2.36purchaser by photographic identification.
3.1
3.2of
3.3a reasonable amount based on the public safety issues and inspections associated with
3.4these devices.
3.5
3.6
3.7 (1) impose any fee or charge, other than the fee authorized by this paragraph, on the
3.8retail or wholesale sale of
3.9(2) impose any permit, license, fee, or charge on the retail or wholesale sale of
3.10sparkling devices or novelties;
3.11
3.12or aerial and audible devices
3.13
3.14Association Standard 1124 (
3.15
3.16bonding or insurance provisions, containing restrictions or conditions not imposed on the
3.17same basis on all other business licensees; or
3.18(5) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the
3.19wholesale or retail sale of sparkling devices or novelties.
3.20(d) This section does not preempt a town or home rule charter or statutory city from
3.21enacting and enforcing ordinances under the city charter or chapter 365, 368, 412, or 462,
3.22that regulate the conditions of use for aerial and audible devices and display fireworks.
3.23An ordinance to regulate use must be reasonable and must not prohibit all use in the
3.24jurisdiction, except as provided in paragraph (f).
3.25(e) For the purposes of regulating the conditions of use for aerial and audible devices,
3.26display fireworks, sparkling devices, and novelties, a county has the same authority and
3.27power granted to a statutory city by chapter 412 and paragraph (d). If a home rule charter
3.28or statutory city or town has enacted an ordinance, rule, or regulation under paragraph (d),
3.29that ordinance, rule, or regulation prevails within the city or town.
3.30(f) Aerial and audible devices may only be sold or used in the state from June 1 to
3.31July 7 of any year.
3.32EFFECTIVE DATE.This section is effective June 1, 2014.
