Minnesota Legislature
HF 452
as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2011 10:20am
Current Version - as introduced
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A bill for an act
relating to public safety; providing for display and consumer fireworks; amending
Minnesota Statutes 2010, sections 624.20, subdivision 1; 624.21; 624.22,
subdivision 2; repealing Minnesota Statutes 2010, section 624.20, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 624.20, subdivision 1, is amended to read:
Subdivision 1.
Regulation.
(a) As used in sections 624.20 to 624.25, the deleted text begin term
"fireworks" means any substance or combination of substances or article prepared
for the purpose of producing a visible or an audible effect by combustion, explosion,
deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in
which explosives are used, the type of balloons which require fire underneath to propel
them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other
than those specified in paragraph (c), or other fireworks of like construction, and any
fireworks containing any explosive or inflammable compound, or any tablets or other
device containing any explosive substance and commonly used as fireworksdeleted text end new text begin terms in
paragraphs (b) to (e) have the meanings given themnew text end .
(b) deleted text begin The term "fireworks" shall not include toy pistols, toy guns, in which paper caps
containing 25/100 grains or less of explosive compound are used and toy pistol caps which
contain less than 20/100 grains of explosive mixturedeleted text end new text begin "American Pyrotechnic Association
Standard 87-1" (APA 87-1) means the Standard for Construction and Approval for
Transportation of Fireworks, Novelties and Theatrical Pyrotechnics, 2001 Editionnew text end .
(c) deleted text begin The term also does not include wire or wood sparklers of not more than 100
grams of mixture per item, other sparkling items which are nonexplosive and nonaerial
and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less
for multiple tubes,deleted text end new text begin "Fireworks" means devices, other than ground-based and handheld
sparkling devices, novelties, or theatrical pyrotechnic articles, which are intended to
produce visible effects, audible effects, or both by combustion, deflagration, or detonation
and include the following:
new text end
new text begin
(1) "display fireworks," which means firework devices in a finished state, exclusive
of mere ornamentation, primarily intended for commercial displays which are designed to
produce visible effects, audible effects, or both by combustion, deflagration, or detonation,
including but not limited to salutes containing more than 130 milligrams of explosive
composition, aerial shells containing more than 40 grams of chemical composition
exclusive of light charge and other exhibition display items that exceed the limits
contained in the APA 87-1 Standard for consumer fireworks and does not include any toy
pistols, toy guns, paper caps, sparklers, or novelties; and
new text end
new text begin
(2) "consumer fireworks," which means fireworks in a finished state, suitable for
use by the public, listed in APA 87-1, Sections 3.1.2, 3.1.3, and 3.5, and containing 75
grams or less of chemical mixture per tube for a total of 500 grams or less for multiple
tubes in a device.
new text end
new text begin
(d) "Sparkling devices" means ground-based or handheld devices that produce a
shower of sparks and are listed in APA 87-1, Sections 3.1.1 and 3.5, and include fountains,
torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
new text end
new text begin (e) "Novelties" means a device containing small amounts of pyrotechnic composition
and are listed in APA 87-1, Sections 3.2, 3.3, and 3.4, and include sparklers,new text end snakes and
glow worms, smoke devices, or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, deleted text begin anddeleted text end drop pops, each consisting of not more than
twenty-five hundredths grains of explosive mixturenew text begin , toy pistols, toy guns, in which paper
caps containing 25/100 grains or less of explosive compound are used and toy pistol caps
which contain less than 20/100 grains of explosive mixturenew text end .
new text begin (f)new text end The use of items listed deleted text begin in this paragraph isdeleted text end new text begin under paragraphs (c), clause (2), (d),
and (e) arenew text end not permitted on public property. deleted text begin This paragraph doesdeleted text end new text begin Paragraphs (c), clause
(2), (d), and (e) donew text end not authorize the purchase of items listed deleted text begin in itdeleted text end new text begin under these paragraphsnew text end
by persons younger than 18 years of age. The age of a purchaser of items listed deleted text begin in this
paragraphdeleted text end new text begin under these paragraphsnew text end must be verified by photographic identification.
deleted text begin (d)deleted text end new text begin (g)new text end A local unit of government may impose an annual license fee for the retail
sale of deleted text begin items authorized under paragraph (c)deleted text end new text begin consumer fireworksnew text end . The annual license
fee of each retail seller that is in the business of selling deleted text begin only the items authorized under
paragraph (c) may not exceed $350, and the annual license of each other retail seller may
not exceed $100deleted text end new text begin consumer fireworks shall not exceed $350. A permit shall not be required
nor shall a local unit of government impose an annual license fee for the retail sale of
sparkling devices or noveltiesnew text end . A local unit of government may not:
(1) impose any fee deleted text begin or chargedeleted text end , other than the fee authorized deleted text begin by this paragraph, on the
retail sale of items authorized underdeleted text end new text begin in thisnew text end paragraph deleted text begin (c)deleted text end ;
(2) deleted text begin prohibit or restrict thedeleted text end new text begin charge any fee for, or impose any restrictions on storage,
sale, use, transport, set up, or new text end display of deleted text begin itemsdeleted text end new text begin consumer fireworks, sparkling devices, or
noveltiesnew text end for permanent or temporary retail sale deleted text begin authorized under paragraph (c)deleted text end new text begin from any
structure whatsoevernew text end that deleted text begin complydeleted text end new text begin compliesnew text end with National Fire Protection Association
Standard 1124 (deleted text begin 2003deleted text end new text begin 2006new text end edition); or
(3) impose on a retail sellernew text begin , wholesaler, or distributornew text end any financial guarantee
requirements, including bonding or insurance provisions, containing restrictions or
conditions not imposed on the same basis on all other business licensees.
Sec. 2.
Minnesota Statutes 2010, section 624.21, is amended to read:
624.21 SALE, POSSESSION, AND USE OF FIREWORKS deleted text begin PROHIBITEDdeleted text end .
deleted text begin Except as otherwise provided in sections 624.20 to 624.25,deleted text end It shall be deleted text begin unlawfuldeleted text end new text begin
lawfulnew text end for any person tonew text begin store, transport,new text end offer for sale, expose for sale, deleted text begin selldeleted text end new text begin set up, or
displaynew text end at retail or wholesale, possess, advertise, use, or explode any new text begin consumer new text end fireworksnew text begin ,
sparkling devices, or novelties in compliance with the provisions of sections 624.20 to
624.25new text end . deleted text begin This section shall not be construed to prohibitdeleted text end The possession, use, or explosion
of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person
under the engineer's direct supervision when undertaking acoustical testing; or sales
at wholesale to those persons holding valid permits for a fireworks display from a
governmental subdivision of the state; or sales outside the state or sales to licensed
professional engineers for acoustical testing purposes onlynew text begin , shall be lawfulnew text end .
Sec. 3.
Minnesota Statutes 2010, section 624.22, subdivision 2, is amended to read:
Subd. 2.
Operator certification requirements.
(a) An applicant to be a supervising
operator of a fireworks displaynew text begin of display fireworksnew text end shall meet the requirements of this
subdivision before the applicant is certified by the state fire marshal.
(b) An applicant must be at least 21 years old.
(c) An applicant must have completed a written examination, administered or
approved by the state fire marshal, and achieved a passing score of at least 70 percent.
The state fire marshal must be satisfied that achieving a passing score on the examination
satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally
recognized standards concerning safe practices for the discharge and display of fireworks.
(d) An applicant shall apply in writing to the state fire marshal by completing and
signing an application form provided by the state fire marshal.
(e) An applicant shall submit evidence of experience, which must include active
participation as an assistant or operator in the performance of at least five fireworks
displays, at least one of which must have occurred in the current or preceding year.
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, section 624.20, subdivision 2,
new text end
new text begin
is repealed.
new text end