2016 -- H 7202

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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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, Williams, Almeida, and Azzinaro

     Date Introduced: January 15, 2016

     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 fireworks are defined in APA 87-1 2001 Edition section 3.1.2. and are

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classified 1.4G U.S. DOT, UN 0336. Certain fireworks and devices that are exempt from the

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definitions of display fireworks and aerial consumer fireworks shall include, but are not limited

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to, the following: ground-based and hand-held sparkling devices (non-aerial fireworks) as defined

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in APA 87-1 2001 Edition sections 3.1.1 and 3.5, and include the following: fountains,

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illuminating torches, wheels, ground spinners, flitter sparklers, sparkers; novelties, which are

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

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

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

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

 

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

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models). The storage, possession, sale, transportation and use of the items in the above reference

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

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shall be allowed at all times throughout the state for persons at least sixteen (16) years of age.

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Permits for display fireworks and aerial consumer fireworks for commercial display may be

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issued in accordance with provisions of the Rhode Island Fire Safety Code, chapters 28.1 -- 28.39

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of title 23. Fireworks display of display and aerial consumer fireworks by any municipality, fair

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association, amusement park, or other organization or group of individuals is permitted, on

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condition that the display shall be made by a competent operator approved by the local fire

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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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     (c) The use of display fireworks or aerial consumer fireworks without a permit as

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provided in subsection (a) of this section, is prohibited during the hours of 12:00 a.m. and 7:00

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a.m. on any day, unless a permit for such use has been issued pursuant to this chapter and chapter

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28.11 of title 23.

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     (d) Any person violating the provisions of subsection (a) of this section shall be guilty of

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a civil offense, and shall be fined in the amount of seventy-five dollars ($75.00) and court costs.

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Cities and towns having municipal or police courts shall refer alleged violations of this statute to

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those municipal and police courts, which are hereby granted jurisdiction. Cities and towns not

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having such courts shall refer alleged violations to the appropriate district court, which shall remit

 

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one-half (1/2) of the amount of the fine assessed to the referring city or town and retain the costs

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assessed.

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     SECTION 2. 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 prohibit the use of display fireworks, or aerial consumer fireworks

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without a permit between the hours of 12:00 a.m. and 7:00 a.m. on any day and would make a

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violation of this permit requirement a civil violation punishable by a fine of seventy-five dollars

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($75.00) and court costs.

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     This act would take effect upon passage.

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