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Minnesota Legislature

Office of the Revisor of Statutes

HF 452

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2011 10:20am

KEY: stricken = removed, old language.
underscored = added, new language.
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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:

Section 1.

Minnesota Statutes 2010, section 624.20, subdivision 1, is amended to read:


Subdivision 1.

Regulation.

(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 fireworks
deleted text endnew text begin terms in
paragraphs (b) to (e) have the meanings given them
new 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 mixture
deleted text endnew text begin "American Pyrotechnic Association
Standard 87-1" (APA 87-1) means the Standard for Construction and Approval for
Transportation of Fireworks, Novelties and Theatrical Pyrotechnics, 2001 Edition
new 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 begin "Fireworks" means devices, other than ground-based and handheld
sparkling devices, novelties, or theatrical pyrotechnic articles, which are intended to
produce visible effects, audible effects, or both by combustion, deflagration, or detonation
and include the following:
new text end

new text begin (1) "display fireworks," which means firework devices in a finished state, exclusive
of mere ornamentation, primarily intended for commercial displays which are designed to
produce visible effects, audible effects, or both by combustion, deflagration, or detonation,
including but 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 the APA 87-1 Standard for consumer fireworks and does not include any toy
pistols, toy guns, paper caps, sparklers, or novelties; and
new text end

new text begin (2) "consumer fireworks," which 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 (d) "Sparkling devices" means ground-based or handheld devices that produce a
shower of sparks and are listed in APA 87-1, Sections 3.1.1 and 3.5, and include fountains,
torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
new text end

new text begin (e) "Novelties" means a device containing small amounts of pyrotechnic composition
and are listed in APA 87-1, Sections 3.2, 3.3, and 3.4, and include sparklers,
new 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 begin, 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
new text end.

new text begin (f)new text end The use of items listed deleted text beginin this paragraph isdeleted text endnew text begin under paragraphs (c), clause (2), (d),
and (e) are
new text end not permitted on public property. deleted text beginThis paragraph doesdeleted text endnew text begin Paragraphs (c), clause
(2), (d), and (e) do
new text end not authorize the purchase of items listed deleted text beginin itdeleted text endnew text begin under these paragraphsnew text end
by persons younger than 18 years of age. The age of a purchaser of items listed deleted text beginin this
paragraph
deleted text endnew text begin under these paragraphsnew text end must be verified by photographic identification.

deleted text begin (d)deleted text endnew text begin (g)new 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 begin consumer fireworksnew 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 $100
deleted text endnew text begin consumer fireworks shall not exceed $350. A permit shall not be required
nor shall a local unit of government impose an annual license fee for the retail sale of
sparkling devices or novelties
new 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 under
deleted text endnew text begin in thisnew text end paragraph deleted text begin(c)deleted text end;

(2) deleted text beginprohibit or restrict thedeleted text end new text begincharge any fee for, or impose any restrictions on storage,
sale, use, transport, set up, or
new text enddisplay of deleted text beginitemsdeleted text endnew text begin consumer fireworks, sparkling devices, or
novelties
new text end for permanent or temporary retail sale deleted text beginauthorized under paragraph (c)deleted text endnew text begin from any
structure whatsoever
new text end that deleted text begincomplydeleted text endnew text begin compliesnew text end with National Fire Protection Association
Standard 1124 (deleted text begin2003deleted text endnew text begin 2006new text end edition); or

(3) impose on a retail sellernew text begin, wholesaler, or distributornew 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.

Sec. 2.

Minnesota Statutes 2010, section 624.21, is amended to read:


624.21 SALE, POSSESSION, AND USE OF FIREWORKS deleted text beginPROHIBITEDdeleted text end.

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 begin
lawful
new text end for any person tonew text begin store, transport,new text end offer for sale, expose for sale, deleted text beginselldeleted text endnew text begin set up, or
display
new text end at retail or wholesale, possess, advertise, use, or explode any new text beginconsumer new text endfireworksnew text begin,
sparkling devices, or novelties in compliance with the provisions of sections 624.20 to
624.25
new 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 begin, shall be lawfulnew text end.

Sec. 3.

Minnesota Statutes 2010, section 624.22, subdivision 2, is amended to read:


Subd. 2.

Operator certification requirements.

(a) An applicant to be a supervising
operator of a fireworks displaynew text begin of display fireworksnew 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.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 624.20, subdivision 2, new text end new text begin is repealed.
new text end