Chapter 028
2010 -- S 2925 AS AMENDED
Enacted 06/11/10
A N A C T
RELATING TO
CRIMINAL OFFENSES -- EXPLOSIVES AND FIREWORKS; HEALTH AND SAFETY -- FIREWORKS AND
PYROTECHNICS
Introduced By: Senator Daniel P. Connors
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
and aerial consumer 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 and
aerial consumer fireworks as signals in any
athletic or sporting event, the use of display and aerial
consumer 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 and aerial consumer fireworks has a permit as required
by the
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 and aerial consumer
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.
=======
LC02736
=======