Citations Affected: IC 22-11-14.
Synopsis: Retail sale of common fireworks. Removes the penalty for
the possession, transportation, or delivery of common fireworks.
Permits a retailer to sell common fireworks at retail, and repeals the
categories of common fireworks, novelties, and trick noisemakers that
are permitted to be sold. Repeals the wholesaler requirements for
fireworks not approved for sale in Indiana. Provides that a person who
possesses, transports, or delivers special fireworks other than as
authorized commits a Class A misdemeanor. Makes conforming
Effective: July 1, 2001.
January 9, 2001, read first time and referred to Committee on Public Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
"Auto burglar alarm" means a tube that contains pyrotechnic composition that produces a loud whistle or smoke when ignited. A small quantity of explosive, not exceeding fifty (50) milligrams, may also be used to produce a small report. A squib is used to ignite the device.
"Booby trap" means a small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.
"Chaser" means a device, containing fifty (50) milligrams or less of explosive composition, that consists of a small paper or cardboard tube that travels along the ground upon ignition. A whistling effect is often produced, and a small noise may be produced.
"Cigarette load" means a small wooden peg that has been coated
with a small quantity of explosive composition. Upon ignition of a
cigarette containing one of the pegs, a small report is produced.
"Common firework" means a small firework that is designed primarily to produce visible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing fifty (50) milligrams or less of explosive composition, and aerial devices containing one hundred thirty (130) milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. Common fireworks
(1) include the following:
(A) (1) Ground and hand-held sparkling devices, which include
dipped stick, sticks, certain wire sparklers, cylindrical fountains,
cone fountains, illuminating torches, wheels, ground spinners, and
(B) (2) Aerial devices, which include sky rockets, missile-type
rockets, helicopter or aerial spinners, roman candles, mines, and
(C) (3) Ground audible devices, which include firecrackers,
salutes, and chasers. and
(D) (4) Firework devices containing combinations of two (2) or
more of the effects described in the preceding three (3) clauses.
(2) do not include the following novelties and trick noisemakers:
(A) (5) Snakes or glow worms.
(B) (6) Smoke devices.
(C) (7) Wire sparklers sparkler novelties which contain no
magnesium and which contain less than one hundred (100) grams
of composition per item.
(D) (8) Trick noisemakers, which include party poppers, booby
traps, snappers, trick matches, cigarette loads, and auto burglar
"Cone fountain" means a cardboard or heavy paper cone which contains up to fifty (50) grams of pyrotechnic composition, and which produces the same effect as a cylindrical fountain.
"Cylindrical fountain" means a cylindrical tube not exceeding three-quarters (3/4) inch in inside diameter and containing up to seventy-five (75) grams of pyrotechnic composition. Fountains produce
a shower of color and sparks upon ignition, and sometimes a whistling
effect. Cylindrical fountains may contain a spike to be inserted in the
ground (spike fountain), a wooden or plastic base to be placed on the
ground (base fountain), or a wooden handle or cardboard handle for
items designed to be hand-held (handle fountain).
"Dipped stick" or "wire sparkler" means a common firework that consists of a stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition does not exceed one hundred (100) grams per item. Those devices containing chlorate or perchlorate salts do not exceed five (5) grams in total composition per item. Wire sparklers which contain no magnesium and which contain less than one hundred (100) grams of composition per item are not included in the category of common fireworks.
"Distributor" means a person who sells fireworks to wholesalers and retailers for resale.
"Explosive composition" means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited.
"Firecracker" or "salute" is a device that consists of a small paper-wrapped or cardboard tube containing not more than fifty (50) milligrams of pyrotechnic composition and that produces, upon ignition, noise, accompanied by a flash of light.
"Firework" means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of common fireworks and special fireworks. The following items are excluded from the definition of fireworks:
(1) Model rockets.
(2) Toy pistol caps.
(3) Emergency signal flares.
(5) Fixed ammunition for firearms.
(6) Ammunition components intended for use in firearms, muzzle loading cannons, or small arms.
(7) Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms.
(8) Indoor pyrotechnics special effects material.
"Flitter sparkler" means a narrow paper tube filled with pyrotechnic composition that produces color and sparks upon ignition. These devices do not use a fuse for ignition, but rather are ignited by igniting the paper at one (1) end of the tube.
friction sensitive. A string protruding from the device is pulled to ignite
it, expelling paper streamers and producing a small report.
"Person" means an individual, an association, an organization, a limited liability company, or a corporation.
"Pyrotechnic composition" means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. Pyrotechnic compositions will not explode upon ignition unless severely confined.
"Retail sales stand" means a temporary business site or location where goods are to be sold.
"Retailer" means a person who purchases fireworks for resale to consumers.
"Roman candle" means a device that consists of a heavy paper or cardboard tube not exceeding three-eighths (3/8) inch in inside diameter and that contains up to twenty (20) grams of pyrotechnic composition. Upon ignition, up to ten (10) "stars" (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several-second intervals.
"Sky rocket" means a device that:
(1) consists of a tube that does not exceed one-half (1/2) inch in inside diameter and that contains up to twenty (20) grams of pyrotechnic composition;
(2) contains a wooden stick for guidance and stability; and
(3) rises into the air upon ignition, producing a burst of color or noise at the height of flight.
"Smoke device" means a novelty consisting of a tube or sphere containing pyrotechnic composition that produces white or colored smoke upon ignition as the primary effect.
"Snake" or "glow worm" means a novelty consisting of a pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. These devices do not contain mercuric thiocyanate.
"Snapper" means a small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.
"Special fireworks" means fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than one hundred thirty (130) milligrams of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as common fireworks.
indoor pyrotechnics display from a local governmental entity is not
required to obtain a permit approved by the state fire marshal.
(d) A person who possesses, transports, or delivers special fireworks, except as authorized under this section, commits a Class A misdemeanor.
SECTION 3. IC 22-11-14-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) Nothing in this chapter shall be construed to prohibit:
resident wholesaler, manufacturer, importer, or distributor
(A) at wholesale fireworks not prohibited by this chapter; or
(B) fireworks not approved for sale in Indiana if they are to be shipped directly out of state within five (5) days of the date of sale;
(2) the use of fireworks by railroads or other transportation agencies for signal purposes or illumination;
(3) the sale or use of blank cartridges for:
(A) a show or theater;
(B) signal or ceremonial purposes in athletics or sports; or
(C) use by military organizations;
(4) the intrastate sale of fireworks not approved for sale in Indiana
between interstate wholesalers;
(5) (4) the possession, sale, or disposal of fireworks, incidental to
the public display of Class B fireworks, by wholesalers or other
persons who possess a permit to possess, store, and sell Class B
explosives from the Bureau of Alcohol, Tobacco and Firearms,
United States Department of the Treasury; or
(6) (5) the use of indoor pyrotechnics special effects material
before an indoor or outdoor proximate audience.
(b) For the purposes of this section, a resident wholesaler, importer,
or distributor, is a person who:
(1) is a resident of Indiana;
(2) possesses for resale common fireworks approved or not
approved for sale in Indiana;
(3) is engaged in the interstate sale of common fireworks
described in subdivision (2) as an essential part of a business that
is located in a permanent structure and is open at least six (6)
months each year;
(4) sells common fireworks described in subdivision (2) only to
purchasers who provide a written and signed assurance that the
fireworks are to be shipped out of Indiana within five (5) days of
the date of sale; and
JULY 1, 2001]: IC 22-11-14-8 ; IC 22-11-14-10.