NO. 15. AN ACT TO PERMIT THE SALE AND USE OF SPARKLERS.
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 20 V.S.A. § 3131 is amended to read:
§ 3131. DEFINITIONS
shall mean and include means any combustible
or explosive composition, or 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 shall include including
blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which
explosives are used, the type of balloons which require fire
underneath to propel the same that are propelled by explosives,
firecrackers, torpedoes, sky rockets, Roman candles, Daygo cherry
bombs, sparklers or other fireworks of like construction and any
fireworks containing any explosive or flammable compound, or any tablets or
other device containing any explosive substance , except that the sparklers.
The term “fireworks” shall does not include toy pistols, toy
canes, toy guns, or other devices in which paper caps containing twenty-five
hundredths 0.25 grains or less of explosive compound are used,
providing they are so constructed that the hand cannot come in contact with the
cap when in place for use, and toy pistol paper caps which that
contain less than twenty-hundredths 0.2 grains of explosive
mixture , the sale and use of which shall be permitted at all times.
Provided, however, that the The term “fireworks ,” as
herein used, shall not be held to mean and does not include fixed
ammunition for firearms , and the or primers therefore for
firearms. The term “sparkler” means a sparkling item that is in compliance
with the United States
Consumer Product Safety Commission regulations and is one of the following:
(1) A hand-held wire or wood sparkler that is less than 14 inches and has no more than 20 grams of pyrotechnic mixture.
(2) A snake, party popper, glow worm, smoke device, string popper, snapper, or drop pop with no more than 0.25 grains of explosive mixture.
Sec. 2. 20 V.S.A. § 3132 is amended to read:
§ 3132. PROHIBITIONS; PERMITS
hereinafter provided in this section, it shall be
unlawful for any person, firm, co-partnership, or corporation to offer do
any of the following:
Offer for sale, expose for sale, sell at retail or wholesale, or
, use fireworks unless the person has been issued a
permit by both the U.S. Bureau of Alcohol,
Tobacco, and Firearms and the municipality in which the person offers for sale
and stores the fireworks.
Use, possess, or explode any fireworks
; and it shall also
be unlawful for any person, firm, co-partnership, or corporation to transport
unless the person has been issued a permit to display fireworks pursuant to
subsection (c) of this section.
(3) Transport fireworks except in interstate commerce.
(4) Offer for sale or sell hand-held sparklers as described in subdivision 3131(1) of this title to a minor.
(5) Offer for sale or sell sparklers that are not in compliance with the United States Consumer Product Safety Commission regulations.
that the The state fire marshal shall have power to adopt reasonable
rules and regulations for the granting of permits for supervised
public displays of fireworks by municipalities, fair associations, amusement
parks, and other organizations or groups of individuals. The state fire
marshal and the department of labor and industry shall compile an annual report
of all injuries to person and property resulting from the use of fireworks and
such Any display for which a permit is issued shall be
handled by a competent operator to be approved by the chiefs of police
and fire departments of the municipality in which the display is to be held and
shall be of such a character, and so located, discharged or fired as, in
the opinion of the chief of the fire department, or in towns where there is
a municipality with no fire department, the board of selectmen selectboard,
after proper inspection, shall not be hazardous to property or endanger any
person or persons.
for permits shall be made to the chief of the fire department, or in
where there is municipalities with no fire department, the board
of selectmen selectboard, in writing, at least fifteen 15
days in advance of the date of the display. After such privilege shall have
the permit has been granted, sales, possessions, use and distribution of
fireworks for such the display shall be lawful for that purpose
only. No permit granted hereunder under this section shall be
Sec. 3. 20 V.S.A. § 3135 is amended to read:
§ 3135. PENALTIES
person, firm, co-partnership, or corporation
violating the provisions of
Violates this subchapter shall be guilty of a misdemeanor and
upon conviction thereof, shall be punished by a fine not exceeding subject
to a fine of not more than $100.00 for each violation or by
imprisonment not exceeding thirty imprisoned for not more
than 30 days or by both such fine and imprisonment.
(2) Presents an indoor firework display without first receiving a permit as required in this subchapter shall be guilty of a misdemeanor and shall be subject to a fine of not more than $5,000.00 or imprisonment of not more than one year, or both.
Sec. 4. ANNUAL SPARKLER REPORT
The annual report on sparklers compiled by the state fire marshal and the department of labor and industry as required in 20 V.S.A. § 3132(b) shall be provided to the House Committee on General, Housing, and Military Affairs and the Senate Committee on Economic Development, Housing, and General Affairs.
Sec. 5. DEPARTMENT OF LABOR AND INDUSTRY; SPARKLER
STORAGE RULES; PUBLIC EDUCATION
The Commissioner of Labor and Industry shall:
(1) Adopt rules relating to the safe storage of sparklers that are permitted for sale in this state, and those rules shall be consistent with the National Fire Protection Association Model Code 1124. The rules shall include a requirement that local firefighting organizations be notified of the local storage of sparklers in quantities in excess of 125 pounds.
(2) Collaborate with representatives of the fireworks industry and the fire safety community to design and implement a public awareness campaign to educate Vermonters about the issues related to the products included in 20 V.S.A. § 3131 including the safe and appropriate use of products authorized for sale in Vermont and the risks associated with products that are illegal and prohibited for sale. This campaign shall include public service announcements on television and radio and printed material available to the public.
(3) Report to the House Committee on General, Housing, and Military Affairs and the Senate Committee on Economic Development, Housing, and General Affairs regarding the design and implementation of the public awareness campaign no later than December 1, 2003.
Sec. 6. EFFECTIVE DATE
This act shall take effect on passage.
Approved: May 6, 2003