HF 1774

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/03/2012 07:37pm

A bill for an act
relating to public safety; authorizing personal use of fireworks; amending
Minnesota Statutes 2010, sections 624.20, subdivision 1; 624.22, subdivision 2;
624.25.

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 new text begin : new text end 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

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

new text begin (2) "Consumer fireworks" 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 (3) "Display fireworks" 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.
new text end

new text begin (4) "Fireworks" means any device intended to produce visible effects, audible
effects, or both by combustion, deflagration, or detonation, and includes display fireworks.
Fireworks does not include sparkling devices, novelties, theatrical pyrotechnic articles,
or consumer fireworks.
new text end

new text begin (5) "Novelties" means devices containing small amounts of pyrotechnic composition
listed in APA 87-1, sections 3.2, 3.3, and 3.4, and includes sparklers, snakes and glow
worms, smoke devices, or trick noisemakers which include 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 which contain less
than 20/100 grains of explosive mixture.
new text end

new text begin (6) "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 includes fountains,
torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
new text end

(b) deleted text begin 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 new text begin The use of sparkling devices,
novelties, or consumer fireworks is not permitted on public property.
new 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. deleted text end 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 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 consumer fireworks 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 consumer fireworks new text end may not exceed $350, and the annual license of each
other retail seller new text begin selling consumer fireworks new text end may not exceed $100. 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 consumer fireworks new text end ;

(2) new text begin impose any permit, license, fee, or charge on the retail or wholesale sale of
sparkling devices or novelties;
new 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 deleted text end new text begin consumer fireworks, novelties,
and sparkling devices new text end deleted text begin for deleted text end new text begin from any new text end permanent or temporary deleted text begin retail sale authorized
under paragraph (c) that comply deleted text end new text begin structure that complies new text end with National Fire Protection
Association Standard 1124 (2003 edition); deleted text begin or
deleted text end

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 business licensees deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the
wholesale or retail sale of sparkling devices and novelties.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2012, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

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 deleted text begin fireworks deleted text end display new text begin of display fireworks new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2012.
new text end

Sec. 3.

Minnesota Statutes 2010, section 624.25, is amended to read:

624.25 VIOLATION.

Any person violating the provisions of sections 624.20 to 624.24 may be sentenced
as follows:

(1) if the violation involves explosive fireworks in an amount of 35 pounds gross
container weight or more, to imprisonment for not more than one year, or to payment of
a fine of not more than $3,000, or both;

(2) if the violation involves explosive fireworks in an amount of less than 35 pounds
gross container weight, to imprisonment for not more than 90 days, or to payment of a
fine of not more than $1,000, or both; deleted text begin and
deleted text end

(3) if the violation involves any amount of fireworks other than explosive fireworks,
to imprisonment for not more than 90 days, or to payment of a fine of not more than
$1,000, or both deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) if the violation involves consumer fireworks under section 624.20, subdivision 1,
paragraph (b), to payment of a maximum fine of $300; and
new text end

new text begin (5) if the violation involves consumer fireworks under section 624.20, subdivision 1,
paragraph (b), and the person has a conviction for a violation under this clause or clause
(4) within the past five years of the date of the violation, to imprisonment of not more than
90 days or to payment of a fine of not more than $1,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2012, and applies to crimes
committed on or after that date.
new text end