Chapter 025
2010 -- H 8173 SUBSTITUTE A
Enacted 06/11/10
A N A C T
RELATING TO
CRIMINAL OFFENSES -- EXPLOSIVES AND FIREWORKS; HEALTH AND SAFETY -- FIREWORKS
AND PYROTECHNICS
Introduced By: Representative JP O`Neill
Date Introduced: May 25, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 11-13-1 of the General Laws in Chapter
11-13 entitled "Explosives
and Fireworks" is hereby amended to read as follows:
11-13-1.
retail or at wholesale, shall possess or have under his or
her control, use or explode, or cause to
explode for exhibition or amusement, display fireworks or aerial
consumer fireworks unless
permits are obtained pursuant to this chapter and chapter
23-28.11. Display fireworks are defined
in the American pyrotechnic association standard 87-1
(APA 87-1) 2001 Edition section 2.7.2
and are classified as explosives 1.3G by the
UN0335. Aerial consumer fireworks are defined in APA
87-1 2001 Edition section 3.1.2. and are
classified 1.4G any
fireworks D.O.T. Class "B" or "C" (which term for the
purposes of this section is defined and declared to be any
combustible or explosive composition,
or any substance or combination of substances or article
prepared for the purpose of producing a
visible or audible effect by combustion, explosion,
deflagration or detonation, including blank
cartridges, balloons requiring fire underneath to propel them,
firecrackers, torpedoes, skyrockets,
Roman candles, bombs, sparklers and other combustibles
and explosives of like construction,
articles containing any explosive or flammable compound, and tablets
and other devices
containing an explosive substance, but excluding Certain fireworks and devices that are exempt
from the definitions of display fireworks and aerial consumer
fireworks shall include, but are
not limited to, the following: ground-based and hand-held
sparkling devices (non-aerial
fireworks) as defined in APA 87-1 2001 Edition sections 3.1.1
and 3.5, and include the following:
fountains, illuminating torches, wheels, ground spinners,
flitter sparklers, sparkers; novelties,
which are defined in the APA 87-1 2001 Edition section 3.2
and include the following: party
poppers, snappers, toy smoke devices, snakes, glow worms,
wire sparklers and dipped sticks;
paper caps containing not more than twenty-five hundredths
(0.025) grains of explosive mixture
ammunition to be consumed by weapons used for sporting and
hunting purposes, and model
rockets and model rocket engines, designed, sold and used for
the purpose of propelling
recoverable aero models). The storage, possession, sale, transportation
and use of the items in the
above reference section that are not included in the
definition of display fireworks and aerial
consumer fireworks shall be allowed at all times throughout
the state for persons at least sixteen
(16) years of age. except that
permits Permits for use of display
fireworks and aerial consumer
D.O.T. Class "B" and "C" fireworks for commercial display may be issued in
accordance with
provisions of the Rhode Island Fire Safety Code, chapters 28.1
-- 28.39 of title 23. Fireworks
display of display and aerial consumer fireworks by
any municipality, fair association,
amusement park, or other organization or group of individuals
is permitted, on condition that the
display shall be made by a competent operator approved by the
local fire authority and shall be of
such character as in the opinion of the fire authority
will not be hazardous to persons or property;
and, provided further, that the foregoing shall not apply
the use of display fireworks and aerial
consumer fireworks fireworks by common carriers for signal or illumination purposes, the use of
blank cartridges in any show or theater, the use of
explosives for blasting, the use of display
fireworks and aerial consumer fireworks fireworks as signals in any athletic or sporting event,
the use of display fireworks and aerial consumer fireworks
fireworks for ceremonial or
military purposes, the sale of fireworks for shipment out of
this state, or the sale of fireworks for
any use permitted pursuant to this section, provided the
person who sells, stores or transports
Class "C" display fireworks and aerial consumer fireworks fireworks has a permit as required
by the Rhode Island Fire Safety Code, chapters 28.1 --
28.39 of title 23.
(b) Any person violating
the provisions of this section shall be guilty of a felony and
shall be fined not exceeding one thousand dollars ($1,000)
for each offense and/or imprisoned for
not more than one year for each offense; except that any
person using or having in his or her
possession without a permit with intent to use D.O.T. Class
"C" display fireworks and aerial
consumer fireworks fireworks with a value of under five hundred dollars ($500) shall be guilty
of a misdemeanor and shall upon conviction be fined not
exceeding five hundred dollars ($500)
for each offense and/or imprisoned for not more than one
year for each offense.
SECTION 2. Sections 23-28.11-3, 23-28.11-4, 23-28.11-7,
23-28.11-8, 23-28.11-9 and
23-28.11-10 of the General
Laws in Chapter 23-28.11 entitled "Fireworks and Pyrotechnics" are
hereby amended to read as follows:
23-28.11-3. Permits
for storage, handling, transportation and display of fireworks
and pyrotechnics Permits for storage, handling, transportation and display
of display
fireworks, aerial consumer fireworks, and pyrotechnics. -- (a) All storage, handling,
transportation and display of fireworks shall be in accordance with
the National Fire Protection
Association (NFPA) Standard 1123 entitled "Code
for Fireworks Display" 2006 Edition, and
NFPA Standard 1124 entitled "Code for the
Manufacture, Transportation, Storage, and Retail
Sales of Fireworks and Pyrotechnic Articles" 2003
2006 Edition, and the requirements of this
chapter. For purposes of this chapter, sections 28.11-3
through 28.11-10 of title 23 shall not apply
to the storage, handling, transportation, use and
(display) sale of ground-based hand-held devices
(non-aerial consumer
fireworks), novelties and other items exempted from the definition of
display fireworks and aerial consumer fireworks in section
11-13-1
and fireworks code chapter 13 of title 11.
(b) All storage,
handling, transportation and display of pyrotechnics shall be in
accordance with the National Fire Protection Association (NFPA)
Standard 1126 entitled
"Standard for the Use of Pyrotechnics before a
Proximate Audience" 2006 Edition, and NFPA
Standard 1124 entitled "Code for the Manufacture,
Transportation, Storage, and Retail Sales of
Fireworks and Pyrotechnic
Articles" 2003 2006 Edition, and the requirements of this
chapter.
(c) Permits to possess
and display commercial fireworks display fireworks and aerial
consumer fireworks
or pyrotechnics shall be issued by the local fire authority on forms provided
by the state fire marshal. No permit shall be issued
until the applicant's certificate of competency
and insurance coverage is verified as being current and
the applicant has submitted a fifty dollar
($50.00) fee. Verification will be determined by the state fire
marshal office.
(d) No permit to
possess and display display fireworks and aerial
consumer fireworks
fireworks or pyrotechnics shall be issued by the local fire
authority until the applicant has first
obtained a valid certificate of competency from the state fire
marshal. For the purposes of this
chapter, "pyrotechnics" means a chemical mixture,
including pyrotech-compositions, intended to
produce a visible and/or audible effect by combustion,
deflagration or detonation before a
proximate audience closer than allowed for outdoor display fireworks
and aerial consumer
fireworks fireworks displays as permitted under this chapter. All pyrotechnics shall be in
accordance with the requirements of the National Fire Protection
Association Standard 1126,
entitled "Use of Pyrotechnics Before A Proximate
Audience", 1992 2006 Edition, and the
requirements of this chapter. For purposes of this chapter,
“display” means to ignite, set-off or
otherwise use.
(e) All fees collected
pursuant to this section shall be deposited as general revenue.
23-28.11-4.
Certificate of competency. -- (a) Every person desiring to obtain a
certificate of competency to possess and display display fireworks and aerial consumer
fireworks commercial
fireworks and/or pyrotechnics shall
make application to the state fire
marshal. A fee of ten dollars ($10.00) shall accompany each
application and shall be for
processing the application and for examination to be given
within ninety (90) days of receipt of
application to determine applicant's experience and ability to
conduct display fireworks and
aerial consumer fireworks commercial fireworks and/or pyrotechnics demonstrations. Separate
applications, examinations and certificates shall be issued by the
state fire marshal for fireworks
and pyrotechnics and shall be in such form as the state
fire marshal may require. The
examinations herein provided for shall require the applicant to
demonstrate adequate
understanding of applicable NFPA requirements.
(b) Each applicant
found to be qualified by examination shall forthwith be issued a
certificate of competency upon payment of fifty dollars ($50.00)
and submission of certification
indicating satisfactory completion of psychiatric examination
administered by a qualified
physician within the previous year. All fees collected pursuant
to this section shall be deposited as
general revenue.
23-28.11-7. Financial responsibility. -- No permit shall be
issued to any applicant
desiring to possess and display display
fireworks and aerial consumer fireworks fireworks
and/or pyrotechnics until the applicant furnishes to the
local fire authority satisfactory proof of
financial responsibility in an amount not less than one million
dollars ($1,000,000) to satisfy
claims for damage to property or persons resulting from the
possession or use of display
fireworks and aerial consumer fireworks fireworks and/or pyrotechnics. The local fire authority
may require additional financial responsibility as he or
she may deem necessary due to existing
conditions.
23-28.11-8.
Nonresident. -- No permit shall be issued under
the provisions of this
chapter to a nonresident person to conduct a display fireworks
and aerial consumer fireworks
fireworks and/or pyrotechnics display in this state, until that
person shall have appointed in
writing a member of the
processes in any action or proceeding against the person may be
served.
23-28.11-9.
Violations. -- (a) Any
person found to be in violation of the provisions of
this chapter relating to possession of display fireworks
and aerial consumer fireworks
commercial fireworks
or pyrotechnics shall be fined not less than one hundred ($100) nor more
than five hundred dollars ($500) or imprisoned for not
more than one year. Any person found to
be in violation of the provisions of this chapter
relating to use or display of display fireworks
and aerial consumer fireworks commercial fireworks or pyrotechnics shall be guilty of a felony,
and shall be fined not less than one thousand dollars
($1,000), or imprisoned for not more than
five (5) years, or both.
(b) The state fire
marshal or the fire marshal's deputies or any officer qualified to serve
criminal process may arrest without a warrant any person found
in violation of this chapter and
shall seize immediately any and all of the display fireworks
and aerial consumer fireworks
fireworks and/or pyrotechnics in illegal use, possession, or
under that person's control, and the
display fireworks and aerial consumer fireworks fireworks seized shall upon conviction of the
person be forfeited to the state.
(c) Notice of the
seizure of the display fireworks and aerial consumer fireworks
fireworks and/or
pyrotechnics shall immediately be sent to the marshal by the officer making the
seizure and the fireworks and/or pyrotechnics seized shall be
held and securely stored by that
department until the marshal or the marshal's authorized
explosives technician takes them into his
or her possession for disposal.
23-28.11-10.
Rules and regulations. -- The state fire marshal
is hereby authorized and
directed to promulgate reasonable rules and regulations
governing the possession, sale wholesale
and retail, and use of display fireworks and aerial consumer
fireworks fireworks and
pyrotechnics in the state.
SECTION 3. This act shall take effect upon passage.
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LC02709/SUB A/3
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