HF 1089

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 08:42am

A bill for an act
relating to public safety; regulating the manufacture, sale, and use of fireworks;
amending Minnesota Statutes 2014, section 624.20, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 624.20, subdivision 1, is amended to read:

Subdivision 1.

Regulation.

(a) As used in sections 624.20 to 624.25 deleted text begin , the 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 fireworks.
deleted text end

deleted text begin (b) 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 mixture.
deleted text end

deleted text begin (c) 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, snakes and glow worms, smoke devices, or trick noisemakers which include
paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of
not more than twenty-five hundredths grains of explosive mixture. The use of items listed
in this paragraph is not permitted on public property. This paragraph does not authorize
the purchase of items listed in it by persons younger than 18 years of age. The age of a
purchaser of items listed in this paragraph must be verified by photographic identification. deleted text end new text begin :
new text end

new text begin (1) "aerial and audible devices" 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 (2) "APA 87-1" means the American Pyrotechnic Association Standard 87-1 from
the Standard for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 Edition;
new text end

new text begin (3) "display fireworks" means firework devices in a finished state, exclusive of mere
ornamentation, primarily intended for commercial displays that are designed to produce
visible effects, audible effects, or both, by combustion, deflagration, or detonation.
The term includes, but is 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 APA 87-1 for aerial and audible devices;
new text end

new text begin (4) "fireworks" means any device, other than sparkling devices, novelties, aerial and
audible devices, or theatrical pyrotechnic articles that are intended to produce visible
effects, audible effects, or both, by combustion, deflagration, or detonation. The term
includes display fireworks;
new text end

new text begin (5) "novelties" means devices containing small amounts of pyrotechnic composition
that is listed in APA 87-1, sections 3.2, 3.3, and 3.4. The term includes deregulated
sparklers, snakes and glow worms, smoke devices, and trick noisemakers, including paper
streamers, party poppers, string poppers, snappers, drop pops, each consisting of not
more than 25/100 grains of explosive mixture; toy pistols, toy guns, in which paper caps
containing 25/100 grains or less of explosive compound are used; and toy pistol caps that
contain less than 20/100 grains of explosive mixture; and
new text end

new text begin (6) "sparkling devices" means ground-based or handheld devices that produce a
shower of sparks that are listed in APA 87-1, sections 3.1.1 and 3.5. The term includes
fountains, torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and
sparklers.
new text end

new text begin (b) Nothing in sections 624.20 to 624.25 authorizes the possession or use of
sparkling devices or aerial and audible devices on public property or the purchase of these
items by persons younger than 18 years of age. A person selling sparkling devices or aerial
and audible devices shall verify the age of a purchaser by photographic identification.
new text end

deleted text begin (d) deleted text end new text begin (c) 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 sparkling devices and aerial and audible
devices new text end . The annual license fee of each retail seller that is in the business of selling only
deleted text begin the items authorized under paragraph (c) deleted text end new text begin sparkling devices or aerial and audible devices,
or both, new text end may not exceed $350 new text begin for a single retail location new text end , and the annual license of each
other retail seller may not exceed $100. new text begin A local unit of government may assess a fee, not
to exceed $100, to a licensee for each additional retail location that the licensee operates.
A license application must be made before June 1 of each year and must require, at a
minimum, the location of each retail location the licensee intends to operate. The local
authority having jurisdiction shall, within 14 days after the receipt of an application for
a license, either issue the license or notify the applicant of the denial of the license. A
licensee must display the license issued pursuant to this paragraph at each point of sale
operated by the licensee. A license issued under this paragraph expires May 31 of the year
following the year of issuance. new text end A local unit of government may not:

(1) impose any fee or charge, other than the fee authorized by this paragraph, on
the new text begin wholesale or new text end retail sale of deleted text begin items authorized under paragraph (c) deleted text end new text begin sparkling devices
and aerial and audible devices new text end ;

(2) prohibit or restrict the new text begin sale or new text end display of deleted text begin items for deleted text end new text begin sparkling devices, novelties, or
aerial and audible devices from any new text end permanent or temporary deleted text begin retail sale authorized under
paragraph (c) deleted text end new text begin structure new text end that deleted text begin comply deleted text end new text begin complies new text end with National Fire Protection Association
Standard 1124 ( deleted text begin 2003 deleted text end new text begin 2006 new text end edition); deleted text begin or
deleted text end

(3) impose on a retail seller any financial guarantee requirements, including bonding
or insurance provisions, containing restrictions or conditions not imposed on the same
basis on all other business licensees new text begin ; or
new text end

new text begin (4) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the
wholesale or retail sale of novelties new text end .

new text begin (d) This section does not preempt a town or home rule charter or statutory city from
enacting and enforcing ordinances under the city charter or chapter 365, 368, 412, or
462, that regulate the conditions of sale or use for sparkling devices, aerial and audible
devices, and display fireworks.
new text end

new text begin (e) For the purposes of regulating the conditions of sale or use for aerial and audible
devices, display fireworks, sparkling devices, and novelties, a county has the same
authority and power granted to a statutory city by paragraph (d) and chapter 412. If a
home rule charter or statutory city or town has enacted an ordinance, rule, or regulation
under paragraph (d), that ordinance, rule, or regulation prevails within the city or town.
new text end

new text begin (f) Aerial and audible devices may only be sold in the state from June 1 to July
10 of any year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2016.
new text end