2015 -- H 5187

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES - EXPLOSIVES AND FIREWORKS; HEALTH AND

SAFETY - FIREWORKS AND PYROTECHNICS

     

     Introduced By: Representatives Corvese, O'Brien, Costantino, and Shekarchi

     Date Introduced: January 21, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-13-1 of the General Laws in Chapter 11-13 entitled "Explosives

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and Fireworks" is hereby amended to read as follows:

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     11-13-1. Sale, use or possession of fireworks. -- (a) No person shall offer for sale at

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retail or at wholesale, shall possess or have under his or her control, use or explode, or cause to

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explode for exhibition or amusement, display fireworks or aerial consumer fireworks unless

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permits are obtained pursuant to this chapter and chapter 23-28.11. Display fireworks are defined

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in the American pyrotechnic association standard 87-1 (APA 87-1) 2001 Edition section 2.7.2

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and are classified as explosives 1.3G by the U.S. department of transportation (U.S. DOT),

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UN0335. Aerial consumer Consumer fireworks are defined in APA 87-1 2001 Edition section

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3.1.2. 2.7.1 and are classified 1.4G U.S. DOT, UN 0336. Certain fireworks and devices that are

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exempt from the definitions of display fireworks and aerial consumer fireworks shall include, but

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are not limited to, the following: ground-based and hand-held sparkling devices (non-aerial

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fireworks) as defined in APA 87-1 2001 Edition sections 3.1.1 and 3.5, and include the following:

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fountains, illuminating torches, wheels, ground spinners, flitter sparklers, sparkers; novelties,

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which are defined in the APA 87-1 2001 Edition section 3.2 and include the following: party

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poppers, snappers, toy smoke devices, snakes, glow worms, wire sparklers and dipped sticks;

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paper caps containing not more than twenty-five hundredths (0.025) grains of explosive mixture

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ammunition to be consumed by weapons used for sporting and hunting purposes, and model

 

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rockets and model rocket engines, designed, sold and used for the purpose of propelling

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recoverable aero models). The storage, possession, sale, transportation and use of the items in the

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above reference section that are not included in the definition of display fireworks and aerial

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consumer fireworks shall be allowed at all times throughout the state for persons at least sixteen

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(16) years of age. Permits for display fireworks and aerial consumer fireworks for commercial

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display may be issued in accordance with provisions of the Rhode Island Fire Safety Code,

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chapters 28.1 -- 28.39 of title 23. Fireworks display of display and aerial consumer fireworks by

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any municipality, fair association, amusement park, or other organization or group of individuals

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is permitted, on condition that the display shall be made by a competent operator approved by the

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local fire authority and shall be of such character as in the opinion of the fire authority will not be

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hazardous to persons or property; and, provided further, that the foregoing shall not apply the use

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of display and aerial consumer fireworks by common carriers for signal or illumination purposes,

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the use of blank cartridges in any show or theater, the use of explosives for blasting, the use of

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display and aerial consumer fireworks as signals in any athletic or sporting event, the use of

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display and aerial consumer fireworks for ceremonial or military purposes, the sale of fireworks

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for shipment out of this state, or the sale of fireworks for any use permitted pursuant to this

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section, provided the person who sells, stores or transports display and aerial consumer fireworks

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has a permit as required by the Rhode Island Fire Safety Code, chapters 28.1 -- 28.39 of title 23.

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      (b) Any person violating the provisions of this section shall be guilty of a felony and

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shall be fined not exceeding one thousand dollars ($1,000) for each offense and/or imprisoned for

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not more than one year for each offense; except that any person using or having in his or her

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possession without a permit with intent to use display and aerial consumer fireworks with a value

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of under five hundred dollars ($500) shall be guilty of a misdemeanor and shall upon conviction

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be fined not exceeding five hundred dollars ($500) for each offense and/or imprisoned for not

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more than one year for each offense.

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     SECTION 2. Sections 23-28.11-3, 23-28.11-4, 23-28.11-7, 23-28.11-8, 23-28.11-9 and

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23-28.11-10 of the General Laws in Chapter 23-28.11 entitled "Fireworks and Pyrotechnics" are

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hereby amended to read as follows:

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     23-28.11-3. Permits for storage, handling, transportation and display of display

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fireworks, aerial consumer fireworks, and pyrotechnics. -- 23-28.11-3. Permits for storage,

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handling, transportation and display of display fireworks, consumer fireworks, and

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pyrotechnics. -- (a) All storage, handling, transportation and display of fireworks shall be in

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accordance with the National Fire Protection Association (NFPA) Standard 1123 entitled "Code

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for Fireworks Display" 2006 Edition, and NFPA Standard 1124 entitled "Code for the

 

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Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles"

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2006 Edition, and the requirements of this chapter. For purposes of this chapter, §§ 28.11-3 --

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28.11-10 of title 23 shall not apply to the storage, handling, transportation, use and (display) sale

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of ground-based hand-held devices (non-aerial consumer fireworks), novelties and other items

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exempted from the definition of display fireworks and aerial consumer fireworks in § 11-13-1

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Rhode Island explosive and fireworks code chapter 13 of title 11.

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      (b) All storage, handling, transportation and display of pyrotechnics shall be in

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accordance with the National Fire Protection Association (NFPA) Standard 1126 entitled

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"Standard for the Use of Pyrotechnics before a Proximate Audience" 2006 Edition, and NFPA

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Standard 1124 entitled "Code for the Manufacture, Transportation, Storage, and Retail Sales of

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Fireworks and Pyrotechnic Articles" 2006 Edition, and the requirements of this chapter.

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      (c) Permits to possess and display display fireworks, and aerial consumer fireworks or

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pyrotechnics shall be issued by the local fire authority on forms provided by the state fire

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marshal. No permit shall be issued until the applicant's certificate of competency and insurance

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coverage is verified as being current and the applicant has submitted a fifty dollar ($50.00) fee.

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Verification will be determined by the state fire marshal office.

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      (d) No permit to possess and display display fireworks, and aerial consumer fireworks or

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pyrotechnics shall be issued by the local fire authority until the applicant has first obtained a valid

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certificate of competency from the state fire marshal. For the purposes of this chapter,

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"pyrotechnics" means a chemical mixture, including pyrotech-compositions, intended to produce

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a visible and/or audible effect by combustion, deflagration or detonation before a proximate

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audience closer than allowed for outdoor display fireworks and aerial consumer fireworks

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displays as permitted under this chapter. All pyrotechnics shall be in accordance with the

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requirements of the National Fire Protection Association Standard 1126, entitled "Use of

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Pyrotechnics Before A Proximate Audience", 2006 Edition, and the requirements of this chapter.

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For purposes of this chapter, "display" means to ignite, set-off or otherwise use.

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      (e) All fees collected pursuant to this section shall be deposited as general revenue.

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     23-28.11-4. Certificate of competency. -- (a) Every person desiring to obtain a

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certificate of competency to possess and display display fireworks, and aerial consumer fireworks

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and/or pyrotechnics shall make application to the state fire marshal. A fee of ten dollars ($10.00)

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shall accompany each application and shall be for processing the application and for examination

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to be given within ninety (90) days of receipt of application to determine applicant's experience

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and ability to conduct display fireworks, and aerial consumer fireworks and/or pyrotechnics

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demonstrations. Separate applications, examinations and certificates shall be issued by the state

 

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fire marshal for fireworks and pyrotechnics and shall be in such form as the state fire marshal

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may require. The examinations herein provided for shall require the applicant to demonstrate

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adequate understanding of applicable NFPA requirements.

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      (b) Each applicant found to be qualified by examination shall forthwith be issued a

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certificate of competency upon payment of fifty dollars ($50.00) and submission of certification

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indicating satisfactory completion of psychiatric examination administered by a qualified

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physician within the previous year. All fees collected pursuant to this section shall be deposited as

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general revenue.

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     23-28.11-7. Financial responsibility. -- No permit shall be issued to any applicant

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desiring to possess and display display fireworks, and aerial consumer fireworks and/or

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pyrotechnics until the applicant furnishes to the local fire authority satisfactory proof of financial

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responsibility in an amount not less than one million dollars ($1,000,000) to satisfy claims for

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damage to property or persons resulting from the possession or use of display fireworks, and

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aerial consumer fireworks and/or pyrotechnics. The local fire authority may require additional

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financial responsibility as he or she may deem necessary due to existing conditions.

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     23-28.11-8. Nonresident. -- No permit shall be issued under the provisions of this

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chapter to a nonresident person to conduct a display fireworks, and aerial consumer fireworks

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and/or pyrotechnics display in this state, until that person shall have appointed in writing a

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member of the Rhode Island bar association to be his or her attorney upon whom all processes in

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any action or proceeding against the person may be served.

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     23-28.11-9. Violations. -- (a) Any person found to be in violation of the provisions of

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this chapter relating to possession of display fireworks, and aerial consumer fireworks or

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pyrotechnics shall be fined not less than one hundred ($100) nor more than five hundred dollars

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($500) or imprisoned for not more than one year. Any person found to be in violation of the

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provisions of this chapter relating to use or display of display fireworks, and aerial consumer

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fireworks or pyrotechnics shall be guilty of a felony, and shall be fined not less than one thousand

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dollars ($1,000), or imprisoned for not more than five (5) years, or both.

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      (b) The state fire marshal or the fire marshal's deputies or any officer qualified to serve

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criminal process may arrest without a warrant any person found in violation of this chapter and

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shall seize immediately any and all of the display fireworks, and aerial consumer fireworks and/or

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pyrotechnics in illegal use, possession, or under that person's control, and the display fireworks

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and aerial consumer fireworks seized shall upon conviction of the person be forfeited to the state.

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      (c) Notice of the seizure of the display fireworks, and aerial consumer fireworks and/or

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pyrotechnics shall immediately be sent to the marshal by the officer making the seizure and the

 

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fireworks and/or pyrotechnics seized shall be held and securely stored by that department until

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the marshal or the marshal's authorized explosives technician takes them into his or her

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possession for disposal.

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     23-28.11-10. Rules and regulations. -- The state fire marshal is hereby authorized and

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directed to promulgate reasonable rules and regulations governing the possession, sale; wholesale

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and retail, and use of display fireworks, and aerial consumer fireworks and pyrotechnics in the

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state.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - EXPLOSIVES AND FIREWORKS; HEALTH AND

SAFETY - FIREWORKS AND PYROTECHNICS

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     This act would amend and repeal certain provisions of the Rhode Island general laws so

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as to prohibit the sale of consumer fireworks to the general public.

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     This act would take effect upon passage.

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