HF 273

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; authorizing the sale and use of certain fireworks;
providing licenses; proposing coding for new law in Minnesota Statutes, chapter
624.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [624.222] SALES AND PERSONAL USE OF 1.4 GR FIREWORKS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition; 1.4G fireworks. new text end

new text begin 1.4G fireworks means common
fireworks, designed primarily to produce visible effects by combustion. Some small
devices designed to produce an audible effect are included, but only when containing
less than two grains of pyrotechnic composition. Class C, 1.4G fireworks include the
following:
new text end

new text begin (1) roman candles, not exceeding ten balls, with total pyrotechnic composition not
exceeding 20 grams in weight and inside tube diameter not exceeding 3/8 inch;
new text end

new text begin (2) sky rockets with sticks, total pyrotechnic composition not exceeding 30 twenty
grams in weight, and inside tube diameter not exceeding 1/2 inch;
new text end

new text begin (3) helicopter type rockets, total pyrotechnic composition not exceeding 20 grams in
weight, and inside tube diameter not exceeding 1/2 inch;
new text end

new text begin (4) cylindrical fountains with total pyrotechnic composition not exceeding 75 grams
in weight; and inside tube diameter not exceeding 3/4 inch;
new text end

new text begin (5) cone fountains with total pyrotechnic composition not exceeding 50 grams
each in weight;
new text end

new text begin (6) wheels, with total pyrotechnic composition not exceeding 60 grams for each
driver unit or 240 grams for each wheel, and with inside tube diameter of driver units
not exceeding 1/2 inch.
new text end

new text begin Subd. 2. new text end

new text begin Limited personal use of fireworks. new text end

new text begin 1.4 gr fireworks may be used or
ignited three times a year from May 24 to May 31, July 1 to July 6, and December 24 to
January 2 of each year for personal use only. A seller at retail may offer for sale, advertise,
or sell at retail 1.4 gr fireworks for personal use from May 1 to July 15 and December 1 to
January 2 of each year. Anyone selling 1.4 gr fireworks under authority of this section
must post in a conspicuous location the following warning in block letters not less than
one inch in height:
new text end

new text begin "FIREWORKS PURCHASED FOR PERSONAL USE UNDER MINNESOTA
STATUTES, SECTION 624.222, MAY BE USED OR IGNITED ONLY MAY 24 TO
MAY 31, JULY 1 TO JULY 6, AND DECEMBER 24 TO JANUARY 2."
new text end

new text begin Subd. 3. new text end

new text begin Licensing of sales facilities. new text end

new text begin 1.4 gr fireworks shall be sold only from
facilities that are licensed by the county sheriff and county auditors' offices and that meet
the following criteria:
new text end

new text begin (1) the facility must be limited in size to 5,000 square feet of selling area to which
the public may be admitted;
new text end

new text begin (2) aisles in the facility shall be a minimum of 40 inches wide, and they shall be kept
free and unobstructed at all times;
new text end

new text begin (3) there must be one exit door for every 1,000 square feet of selling space to which
the public may be admitted, with a minimum of three emergency exit doors in the facility;
EXCEPTION: if selling space of the facility is less than 800 square feet, no emergency
exit doors are required;
new text end

new text begin (4) the exit doors shall be metal and shall be equipped with push-panic locks;
new text end

new text begin (5) exit doors shall be clearly marked with lighted exit signs with battery backups;
EXCEPTION: if selling space of the facility is less than 800 square feet, required exit signs
shall consist of a minimum of three 9x12-inch fluorescent red signs with direction arrows;
new text end

new text begin (6) the facility must be a stand-alone building;
new text end

new text begin (7) the facility must be equipped with an adequate number of smoke detectors in
both the retail and storage areas, and the smoke detectors must be inspected and tested
annually before the opening of the facility;
new text end

new text begin (8) storage areas must be separated from areas to which the public may be admitted
by appropriately rated fire separation walls;
new text end

new text begin (9) the facility must be located no closer than 50 feet from any facility selling or
dispensing gasoline, propane, or other flammable products;
new text end

new text begin (10) portable fire extinguishing equipment must be located in the premises at
all times, with one fire extinguisher located every 75 feet of travel space. The fire
extinguishers must be inspected and certified annually before the opening of the facility;
and
new text end

new text begin (11) no 1.4 gr fireworks sales facility may be located within 250 feet of another 1.4
gr fireworks sales facility, with priority to be given on a first-come basis.
new text end

new text begin Subd. 4. new text end

new text begin License applications; fees. new text end

new text begin Applications for licenses to sell 1.4 gr
fireworks must be submitted to the county auditor's office by January 15 of each year on
forms prescribed and provided by the county auditor's office. Licenses must be issued
no later than March 1 of each year. The license application must be accompanied by an
annual license fee of $250. The jurisdictional fire chief must inspect the facility within
one month prior to June 15 to ensure that all rules are followed. No license may be
issued to any convicted felons or to entities where a convicted felon owns five percent or
more of the equity
new text end

new text begin Subd. 5. new text end

new text begin Operational requirements. new text end

new text begin The 1.4 gr fireworks sales facility must be
exclusively dedicated to the sale of 1.4 gr fireworks and related items, and the facility must
operate in accordance with the following rules:
new text end

new text begin (1) no smoking may be permitted in the facility;
new text end

new text begin (2) no cigarettes or tobacco products, matches, lighters, or any other flame-producing
de new text end new text begin new text end new text begin new text end new text begin vices may be permitted in the facility;
new text end

new text begin (3) no minors may be permitted in the facility unless accompanied by an adult, and
the minors must stay with the adult in the facility;
new text end

new text begin (4) all 1.4 gr fireworks sold in the facility must comply with United States Consumer
Product Safety Commission standards;
new text end

new text begin (5) all facilities must carry at least $1,000,000 in public liability insurance;
new text end

new text begin (6) no 1.3 gr commercial, class B, fireworks shall be stored or located at the facility;
new text end

new text begin (7) no person under the influence of intoxicating liquor or drugs may be admitted to
the facility and no liquor, beer, or wine may be permitted in the facility;
new text end

new text begin (8) no fireworks may be ignited within 100 feet of a licensed 1.4 gr fireworks
sales facility;
new text end

new text begin (9) there must be no sale of 1.4 gr fireworks from tents or temporary structures; and
new text end

new text begin (10) emergency evacuation plans must be conspicuously posted in appropriate
locations within the facility.
new text end

new text begin Subd. 6. new text end

new text begin Fireworks safety rules. new text end

new text begin The state fire marshal shall adopt and disseminate
reasonable rules on 1.4 gr fireworks safety designed to ensure that personal use and
ignition of 1.4 gr fireworks from May 24 to May 31, July 1 to July 6, and December 24 to
January 2 each year follow best fireworks safety practices.
new text end

new text begin Subd. 7. new text end

new text begin Penalty. new text end

new text begin A person who uses or ignites any fireworks in violation of this
section is guilty of a petty misdemeanor.
new text end