Minnesota Legislature
HF 3364
as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 11:27am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/17/2020 |
Current Version - as introduced
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A bill for an act
relating to public safety; modifying regulation of fireworks; authorizing use of
consumer fireworks; amending Minnesota Statutes 2018, section 624.20,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 624.20, subdivision 1, is amended to read:
Subdivision 1.
Regulation.
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(a) As used in sections 624.20 to 624.25, 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.
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(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.
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(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.
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(a) As used in sections 624.20 to 624.25:
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(1) "APA 87-1" means the American Pyrotechnics Association Standard 87-1 from the
Standard for Construction and Approval for Transportation of Fireworks, Novelties, and
Theatrical Pyrotechnics, 2001 Edition, and as may be amended from time to time;
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(2) "consumer fireworks" means small fireworks devices that are designed to produce
visible effects, audible effects, or both, by combustion that are required to comply with the
construction, chemical composition, and labeling regulations promulgated by the United
States Consumer Product Safety Commission under Code of Federal Regulations, title 16,
parts 1500 and 1507 (2014), and that are listed in APA 87-1. Consumer fireworks does not
include sparkling devices, novelties, toy caps, or model rockets;
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(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;
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(4) "fireworks" means any device, other than sparkling devices, novelties, consumer
fireworks, 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.
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(5) "novelties" means devices containing small amounts of pyrotechnic composition
that are 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
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(6) "sparkling devices" means nonaerial 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.
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(b) Nothing in sections 624.20 to 624.25 authorizes the possession or use of sparkling
devices or consumer fireworks on public property or the purchase of these items by persons
younger than 18 years of age. A person selling sparkling devices or consumer fireworks
devices shall verify the age of a purchaser by photographic identification.
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deleted text begin (d)deleted text end new text begin (c)new text end A local unit of government may impose an annual deleted text begin licensedeleted text end new text begin sales permitnew text end 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 only deleted text begin the items authorized
under paragraph (c)deleted text end new text begin consumer fireworksnew text end may not exceed $350new text begin for a single locationnew 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 permittee for each additional retail location that
the licensee operates. A license application must require, at a minimum, the location of each
retail location the permittee intends to operate. A permittee must display the permit issued
to this paragraph at each point of sale operated by the permittee.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 thenew text begin
wholesale ornew text end retail sale of deleted text begin items authorized under paragraph (c)deleted text end new text begin consumer fireworksnew text end ;
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(2) impose or require any permit, license, fee, or charge on the retail or wholesale sale
of sparkling devices or novelties;
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deleted text begin (2)deleted text end new text begin (3)new text end prohibit or restrict the new text begin sale or new text end display of deleted text begin items fordeleted text end new text begin sparkling devices, novelties,
or consumer fireworks devices from anynew text end permanent or temporary deleted text begin retail sale authorized
under paragraph (c)deleted text end new text begin structurenew text end that deleted text begin complydeleted text end new text begin compliesnew text end with new text begin the new text end National Fire Protection
Association Standard 1124 (deleted text begin 2003deleted text end new text begin 2006new text end edition); deleted text begin or
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deleted text begin (3)deleted text end new text begin (4)new text end 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 deleted text begin business licensees.deleted text end new text begin sales permits; or
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(5) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the wholesale
or retail sale of sparkling devices, novelties, or consumer fireworks not authorized by this
paragraph.
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(d) Consumer fireworks may be used or ignited from June 24 to July 14 of each year
for personal use only. A seller at retail may offer for sale, advertise, or sell at retail consumer
fireworks for personal use from June 1 to July 14 of each year. Anyone selling consumer
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:
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"CONSUMER FIREWORKS PURCHASED FOR PERSONAL USE UNDER MINNESOTA
STATUTES, SECTION 624.20, MAY BE USED OR IGNITED ONLY JUNE 24 TO JULY
14."
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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