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ACT NO. 15

(H.44)

Internal Security; Fireworks; Sparklers

This act retains the prohibition against the sale and use of fireworks, but permits the sale and use of sparklers, provided the sparkler is not sold to a minor, is in compliance with U.S. Consumer Product Safety Commission regulations, and is less than 14 inches long and has no more than 20 grams of pyrotechnic mixture or is a specified type of sparkler with no more than 0.025 grains of explosive mixture. This act also has added a penalty of a $5,000.00 fine or a year imprisonment, or both, for presenting an indoor firework display without a permit.

The State Fire Marshal and the Department of Labor and Industry shall issue to the House Committee on General, Housing and Military Affairs and the Senate Committee on Economic Development, Housing and General Affairs an annual report on all injuries to people and property that resulted from the use of fireworks and sparklers. Also, the Commissioner of Labor and Industry is required to adopt rules regarding safe storage of sparkers; design and implement a public awareness campaign that addresses safety issues relating to the use of fireworks and sparklers; and report to the specified House and Senate committees on the progress and success of the public awareness campaign.

Lastly, this act remedies an inconsistency in existing law, which allowed public firework displays pursuant to a permit, but technically prohibited a fireworks supplier from storing or selling fireworks. This act amended the law to permit the sale and storage of fireworks provided the fireworks supplier has a permit issued by the U.S. Bureau of Alcohol, Tobacco, and Firearms and the municipality in which the fireworks are stored.

Effective Date: From passage, May 6, 2003