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. 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. 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 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 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 Rhode Island explosive

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 Rhode Island bar association to be his or her attorney upon whom all

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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LC02736

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