2017 -- H 5040

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

     RELATING TO CRIMINAL OFFENSES -- EXPLOSIVES AND FIREWORKS

     Introduced By: Representatives Hearn, Corvese, Fellela, Canario, and Ruggiero

     Date Introduced: January 06, 2017

     Referred To: House Judiciary

     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. Sale, use or possession of fireworks.

     (a) No person shall offer for sale at 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 U.S.

department of transportation (U.S. DOT), UN0335. Aerial consumer fireworks are defined in

APA 87-1 2001 Edition section 3.1.2. and are classified 1.4G U.S. DOT, UN 0336. 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, and 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. The use of the items in the above referenced section

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

than by lawfully issued permit, shall be allowed only between June 30 and July 9 and shall

otherwise be prohibited. Permits for display fireworks and aerial consumer 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 display and aerial

consumer 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 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. 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

***

     This act would prohibit the use of certain fireworks, other than by lawfully issued permit,

anytime other than between the dates of June 30 and July 9.

     This act would take effect upon passage.

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