HF 3114

as introduced - 79th Legislature (1995 - 1996) 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 definitions of the term fireworks; 
  1.4             permitting sale of certain fireworks; licensing 
  1.5             distributors and retailers of permitted fireworks; 
  1.6             prescribing the conditions of licensure; prohibiting 
  1.7             sales of permitted fireworks to persons under 16 years 
  1.8             old; imposing a criminal penalty; amending Minnesota 
  1.9             Statutes 1994, section 624.20, subdivision 1, and by 
  1.10            adding a subdivision; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 624. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 624.20, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  As used in sections 624.20 to 624.25, the 
  1.16  term "fireworks" means any substance or combination of 
  1.17  substances or article prepared for the purpose of producing a 
  1.18  visible or an audible effect by combustion, explosion, 
  1.19  deflagration, or detonation, and includes blank cartridges, toy 
  1.20  cannons, and toy canes in which explosives are used, the type of 
  1.21  balloons which require fire underneath to propel them, 
  1.22  firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 
  1.23  sparklers, or other fireworks of like construction, and any 
  1.24  fireworks containing any explosive or inflammable compound, or 
  1.25  any tablets or other device containing any explosive substance 
  1.26  and commonly used as fireworks.  The term "fireworks" shall not 
  1.27  include toy pistols, toy guns, in which paper caps containing 
  1.28  25/100 grains or less of explosive compound are used and toy 
  2.1   pistol caps which contain less than 20/100 grains of explosive 
  2.2   mixture. 
  2.3      Sec. 2.  Minnesota Statutes 1994, section 624.20, is 
  2.4   amended by adding a subdivision to read: 
  2.5      Subd. 3.  A regulation of fireworks by a governmental body 
  2.6   that is different from sections 624.20 to 624.25 is not valid. 
  2.7      Sec. 3.  [624.211] [PERMITTED FIREWORKS.] 
  2.8      Subdivision 1.  [SALE, POSSESSION, AND USE.] Sections 
  2.9   624.20 to 624.25 do not prohibit the advertisement, sale, at 
  2.10  retail or wholesale, possession, or use of the following 
  2.11  fireworks: 
  2.12     (1) explosive caps designed to be fired in toy pistols, if 
  2.13  the explosive mixture of the explosive caps does not exceed 
  2.14  twenty-five hundredths of a grain for each cap; 
  2.15     (2) snake and glow worms composed of pressed pellets of a 
  2.16  pyrotechnic mixture that produce a large, snake-like ash when 
  2.17  burning; 
  2.18     (3) smoke devices consisting of a tube or sphere containing 
  2.19  a pyrotechnic mixture that produces white or colored smoke; 
  2.20     (4) trick noisemakers that produce a small report designed 
  2.21  to surprise the user and that include: 
  2.22     (i) a party popper, which is a small plastic or paper item 
  2.23  containing not in excess of 16 milligrams of explosive mixture.  
  2.24  A string protruding from the device is pulled to ignite the 
  2.25  device, expelling paper streamers and producing a small report; 
  2.26     (ii) a string popper, which is a small tube containing not 
  2.27  in excess of 16 milligrams of explosive mixture with string 
  2.28  protruding from both ends.  The strings are pulled to ignite the 
  2.29  friction-sensitive mixture, producing a small report; and 
  2.30     (iii) a snapper or drop pop, which is a small, 
  2.31  paper-wrapped item containing no more than 16 milligrams of 
  2.32  explosive mixture coated on small bits of sand.  When dropped, 
  2.33  the device produces a small report; 
  2.34     (5) wire sparklers consisting of wire or stick coated with 
  2.35  nonexplosive pyrotechnic mixture that produces a shower of 
  2.36  sparks upon ignition.  These items must not exceed 100 grams of 
  3.1   mixture per item; and 
  3.2      (6) other sparkling devices approved by the fire marshal 
  3.3   that emit showers of sparks and sometimes a whistling or 
  3.4   crackling effect when burning, do not detonate or explode, do 
  3.5   not spin, are hand-held or ground-based, cannot propel 
  3.6   themselves through the air, and contain not more than 75 grams 
  3.7   of chemical compound per tube, or not more than a total of 200 
  3.8   grams if multiple tubes are used. 
  3.9      Subd. 2.  [REGULATION OF SALE AND DISTRIBUTION OF PERMITTED 
  3.10  FIREWORKS.] (a) No person may sell or distribute permitted 
  3.11  fireworks in this state unless the person is licensed for that 
  3.12  activity by the fire marshal.  The fire marshal may issue two 
  3.13  types of licenses to sell or distribute permitted fireworks: 
  3.14     (1) a distributor license; and 
  3.15     (2) a retailer license. 
  3.16     (b) A person may be issued a distributor license if the 
  3.17  person complies with all the conditions for licensure 
  3.18  established by the fire marshal and, in addition, files with the 
  3.19  fire marshal a certified tax statement describing all aspects of 
  3.20  the person's fireworks operations during the preceding five 
  3.21  years, including manufacturing, importing, exporting, 
  3.22  distribution, and wholesale and retail sale.  If an applicant 
  3.23  for a distributor license does not have at least five years' 
  3.24  prior business experience in fireworks operations, the fire 
  3.25  marshal may grant the person a distributor license only if the 
  3.26  person promises, in writing, to provide the necessary tax 
  3.27  information as it becomes available.  A person licensed as a 
  3.28  distributor is permitted to sell or distribute permitted 
  3.29  fireworks in this state only to other licensed distributors or 
  3.30  to licensed retailers. 
  3.31     If the licensed distributor distributes permitted fireworks 
  3.32  to licensed retailers, the permitted fireworks must be 
  3.33  distributed from a Minnesota warehouse that is used solely for 
  3.34  the distribution of permitted fireworks. 
  3.35     (c) A person may be issued a retailer license if the person 
  3.36  complies with all of the conditions for licensure established by 
  4.1   the fire marshal, has a Minnesota tax identification number and, 
  4.2   in addition, receives permitted fireworks for retail sale only 
  4.3   from a distributor licensed by this state. 
  4.4      (d) The fire marshal shall conduct periodic inspections of 
  4.5   warehouses and fireworks to ensure compliance with this section 
  4.6   and the conditions of any license issued under this section. 
  4.7      Subd. 3.  [SALES TO PERSONS UNDER 16 YEARS OLD PROHIBITED.] 
  4.8   No person may sell permitted fireworks in this state to any 
  4.9   person under the age of 16 years.  A person who violates this 
  4.10  subdivision is guilty of a misdemeanor. 
  4.11     Subd. 4.  [OTHER REGULATION.] In addition to the authority 
  4.12  granted under subdivision 2, the fire marshal shall regulate the 
  4.13  advertising and use of permitted fireworks under the powers 
  4.14  granted by section 299F.011, subdivision 1. 
  4.15     Sec. 4.  [EFFECTIVE DATE.] 
  4.16     Sections 1 to 3 are effective January 1, 1996.