HF 1896

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; regulating fireworks; 
  1.3             modifying the definition of the term fireworks; 
  1.4             permitting sale and distribution of certain fireworks; 
  1.5             amending Minnesota Statutes 1998, section 624.20, 
  1.6             subdivision 1, and by adding a subdivision; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 624. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 624.20, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  As used in sections 624.20 to 624.25, the 
  1.12  term "fireworks" means any substance or combination of 
  1.13  substances or article prepared for the purpose of producing a 
  1.14  visible or an audible effect by combustion, explosion, 
  1.15  deflagration, or detonation, and includes blank cartridges, toy 
  1.16  cannons, and toy canes in which explosives are used, the type of 
  1.17  balloons which require fire underneath to propel them, 
  1.18  firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 
  1.19  sparklers, or other fireworks of like construction, and any 
  1.20  fireworks containing any explosive or inflammable compound, or 
  1.21  any tablets or other device containing any explosive substance 
  1.22  and commonly used as fireworks.  The term "fireworks" shall not 
  1.23  include toy pistols, toy guns, in which paper caps containing 
  1.24  25/100 grains or less of explosive compound are used and toy 
  1.25  pistol caps which contain less than 20/100 grains of explosive 
  1.26  mixture.  
  2.1      Sec. 2.  Minnesota Statutes 1998, section 624.20, is 
  2.2   amended by adding a subdivision to read: 
  2.3      Subd. 3.  Any regulation of fireworks by a governmental 
  2.4   body that is different from sections 624.20 to 624.25 is not 
  2.5   valid. 
  2.6      Sec. 3.  [624.211] [PERMITTED FIREWORKS.] 
  2.7      Subdivision 1.  [SALE, POSSESSION, AND USE.] Sections 
  2.8   624.20 to 624.25 do not prohibit the advertisement, sale, at 
  2.9   retail or wholesale, possession, or use of the following 
  2.10  fireworks: 
  2.11     (1) explosive caps designed to be fired in toy pistols, 
  2.12  provided that the explosive mixture of the explosive caps; 
  2.13     (2) snake and glow worms composed of pressed pellets of a 
  2.14  pyrotechnic mixture that produce a large, snake-like ash when 
  2.15  burning; 
  2.16     (3) smoke devices consisting of a tube or sphere containing 
  2.17  a pyrotechnic mixture that produces white or colored smoke; 
  2.18     (4) trick noisemakers that produce a small report designed 
  2.19  to surprise the user and that include: 
  2.20     (i) a party popper, which is a small plastic or paper 
  2.21  item.  A string protruding from the device is pulled to ignite 
  2.22  the device, expelling paper streamers and producing a small 
  2.23  report; 
  2.24     (ii) a string popper, the strings of which are pulled to 
  2.25  ignite the friction-sensitive mixture, producing a small report; 
  2.26  and 
  2.27     (iii) a snapper or drop pop, which is a small, 
  2.28  paper-wrapped item.  When dropped, the device produces a small 
  2.29  report; 
  2.30     (5) wire sparklers consisting of wire or stick coated with 
  2.31  nonexplosive pyrotechnic mixture that produces a shower of 
  2.32  sparks upon ignition; 
  2.33     (6) other sparkling devices that emit showers of sparks and 
  2.34  sometimes a whistling or crackling effect when burning, are 
  2.35  hand-held or ground-based, and cannot propel themselves through 
  2.36  the air; 
  3.1      (7) any item that is a novelty including, but not limited 
  3.2   to, spinners, assortments, fountains, cakes, and lady fingers; 
  3.3   and 
  3.4      (8) other fireworks approved by the fire marshal. 
  3.5      Subd. 2.  [REGULATION.] The fire marshal shall regulate the 
  3.6   possession and use of fireworks under the powers granted under 
  3.7   section 299F.011, subdivision 3. 
  3.8      The fire marshal may limit retail sales of fireworks 
  3.9   permitted by this section to a time period beginning 30 days 
  3.10  before each July 4 and ending 30 days after July 4.  
  3.11     Subd. 3.  [LICENSED DISTRIBUTORS.] No person may sell, 
  3.12  offer for sale, or furnish fireworks permitted under this 
  3.13  section without having obtained a distributor license from the 
  3.14  fire marshal.  The fire marshal shall establish the terms and 
  3.15  conditions of the licenses. 
  3.16     The fire marshal shall issue no more than two distributor 
  3.17  licenses, one of which must be issued to an applicant in the 
  3.18  seven-county metropolitan area. 
  3.19     The fire marshal may suspend or revoke a license issued 
  3.20  under this subdivision for cause.  A license suspension or 
  3.21  revocation under this subdivision is a contested case under 
  3.22  sections 14.57 to 14.69. 
  3.23     Sec. 4.  [EFFECTIVE DATE.] 
  3.24     Sections 1 to 3 are effective the day following final 
  3.25  enactment.