as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2011 10:20am
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:
Minnesota Statutes 2010, section 624.20, subdivision 1, is amended to read:
(a) As used in sections 624.20 to 624.25, the deleted text beginterm
"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 endnew text beginnew text end.
(b) deleted text beginThe 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 endnew text beginnew text end.
(c) deleted text beginThe 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 endnew text beginnew text end
new text begin new text end
new text begin new text end
new text begin new text end
new text beginnew text end snakes and
glow worms, smoke devices, or trick noisemakers which include paper streamers, party
poppers, string poppers, snappers, deleted text beginanddeleted text end drop pops, each consisting of not more than
twenty-five hundredths grains of explosive mixturenew text beginnew text end.
new text beginnew text end The use of items listed deleted text beginin this paragraph isdeleted text endnew text beginnew text end not permitted on public property. deleted text beginThis paragraph doesdeleted text endnew text beginnew text end not authorize the purchase of items listed deleted text beginin itdeleted text endnew text beginnew text end
by persons younger than 18 years of age. The age of a purchaser of items listed deleted text beginin this
paragraphdeleted text endnew text beginnew text end must be verified by photographic identification.
deleted text begin (d)deleted text endnew text beginnew text end A local unit of government may impose an annual license fee for the retail
sale of deleted text beginitems authorized under paragraph (c)deleted text endnew text beginnew text end. The annual license
fee of each retail seller that is in the business of selling deleted text beginonly the items authorized under
paragraph (c) may not exceed $350, and the annual license of each other retail seller may
not exceed $100deleted text endnew text beginnew text end. A local unit of government may not:
(1) impose any fee deleted text beginor chargedeleted text end, other than the fee authorized deleted text beginby this paragraph, on the
retail sale of items authorized underdeleted text endnew text beginnew text end paragraph deleted text begin(c)deleted text end;
(2) deleted text beginprohibit or restrict thedeleted text end new text beginnew text enddisplay of deleted text beginitemsdeleted text endnew text beginnew text end for permanent or temporary retail sale deleted text beginauthorized under paragraph (c)deleted text endnew text beginnew text end that deleted text begincomplydeleted text endnew text beginnew text end with National Fire Protection Association
Standard 1124 (deleted text begin2003deleted text endnew text beginnew text end edition); or
(3) impose on a retail sellernew text beginnew 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.
Minnesota Statutes 2010, section 624.21, is amended to read:
deleted text begin Except as otherwise provided in sections 624.20 to 624.25,deleted text end It shall be deleted text beginunlawfuldeleted text endnew text beginnew text end for any person tonew text beginnew text end offer for sale, expose for sale, deleted text beginselldeleted text endnew text beginnew text end at retail or wholesale, possess, advertise, use, or explode any new text beginnew text endfireworksnew text beginnew text end. deleted text beginThis 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 beginnew text end.
Minnesota Statutes 2010, section 624.22, subdivision 2, is amended to read:
(a) An applicant to be a supervising
operator of a fireworks displaynew text beginnew 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.
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