New York
NEW YORK
Penal § 270.00 Unlawfully dealing with fireworks and dangerous fireworks.
1. Definition of “fireworks” and “dangerous fireworks”.
(a) The term “fireworks,” as used in this section, includes:
(i) display fireworks, which means fireworks devices in a finished state, exclusive of
mere ornamentation, primarily intended for commercial displays which are designed to produce
visible and/or audible effects combustion, deflagration or detonation, including, but not limited
to, salutes containing more than one hundred thirty milligrams (two grains) of explosive
composition, aerial shells containing more than forty grams of chemical composition exclusive
of lift charge, and other exhibition display items that exceed the limits of consumer fireworks
contained in the American Pyrotechnic Association (APA) Standard 87-1, 2001 edition;
(ii) articles pyrotechnic, which means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use and which articles meet the weight limits for consumer fireworks but are not labeled as such and are classified by the United States department of transportation in 49 CFR 172.101 as
UN0431.
(iii) special effects, which means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment;
(iv) consumer fireworks which are aerial in performance and are commonly referred to as sky rockets, bottle rockets, missile type rockets, helicopters, aerial spinners, roman candles, mines, shell devices, aerial shell kits, reloadable and audible ground devices which are
commonly referred to as firecrackers and chasers, as well as metal wire handheld sparklers;
(v) any blank cartridge, blank cartridge pistol, or toy cannon in which explosives are used, firecrackers, or any preparation containing any explosive or inflammable compound or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or
any compound containing any of the same or other explosives, 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, or other device containing any explosive substance, other than sparkling devices as defined in subparagraph (vi) of this paragraph; and
(vi) “sparkling devices,” as used in this section, includes:
(1) sparkling devices which are ground-based or hand-held devices that produce a
shower of white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible crackling effect, an audible whistle effect, and smoke.
These devices do not rise into the air; do not fire inserts or projectiles into the air, and do not
explode or produce a report (an audible crackling-type effect is not considered to be a report).
Ground-based or hand-held devices that produce a cloud of smoke as their sole pyrotechnic effect is also included in this category. Types of devices in this category include:
(A) cylindrical fountain: cylindrical tube containing not more than seventy-five grams of pyrotechnic composition that may be contained in a different shaped exterior such as a square,
rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a
shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held (handle fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, and when tubes are securely attached to a base and the tubes are separated from each other on the base by a distance of at least half an inch (12.7 millimeters), a maximum total weight of five hundred grams of pyrotechnic composition shall be allowed.
(B) cone fountain: cardboard or heavy paper cone containing not more than fifty grams
of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, as is outlined in this subparagraph.
(C) wooden sparkler/dipped stick: these devices consist of a wood dowel that has been
coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks is produced. Sparklers may contain up to one hundred grams of pyrotechnic composition per item.
(2) novelties which do not require approval from the United States department of
transportation and are not regulated as explosives, provided that they are manufactured and packaged as described below:
(A) party popper: small devices with paper or plastic exteriors that are actuated by
means of friction (a string or trigger is typically pulled to actuate the device). They frequently
resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flameresistant
paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than sixteen milligrams (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging which contains a maximum of seventy-two devices.
(B) snapper: small, paper-wrapped devices containing not more than one milligram of
silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed fifty devices each, and the inner packages must contain sawdust or a similar, impact-absorbing material.
(b) The term “dangerous fireworks” means any fireworks capable of causing serious
physical injury and which are: firecrackers containing more than fifty milligrams of any explosive substance, torpedoes, skyrockets and rockets including all devices which employ and combustible or explosive substance and which rise in the air during discharge, Roman candles, and bombs, provided, however, that in cities with a population of one million or more, the term “dangerous fireworks” shall also include sparklers more than ten inches in length or one-fourth of one inch in diameter, or chasers including all devices which dart or travel about the surface of the ground during discharge.
(c) “Fireworks” and “dangerous fireworks” shall not be deemed to include the
following nor shall the purchase and use of any items listed below be subject to the provisions of section 61 of title 12 of the New York state codes, rules and regulations or section four hundred eighty, four hundred eighty-one, four hundred eighty-two or four hundred eighty-three of the general business law:
(i) flares of the type used by railroads or any warning lights commonly known as red flares, or marine distress signals of a type approved by the United States coast guard, or
(ii) toy pistols, toy canes, toy guns or other devices in which paper caps containing twenty-five hundredths 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 contain less than twenty-hundredths grains of explosive mixture, the sale
and use of which shall be permitted at all times, or
(iii) bank security devices which contain not more than fifty grams of any compound or substance or any combination thereof, together with an igniter not exceeding 0.2 gram, capable of producing a lachrymating and/or visible or audible effect, where such device is stored or used only by banks, national banking associations, trust companies, savings banks, savings and loan
associations, industrial banks, or credit unions, or by any manufacturer, wholesaler, dealer,
jobber or common carrier for such devices and where the total storage on any one premises does
not exceed one hundred devices, or
(iv) except in cities with a population of one million or more, in those counties and cities that opt by local law pursuant to paragraph (b) of subdivision five of section 405.00 of this chapter, “fireworks” and “dangerous fireworks” shall not be deemed to include “sparkling devices” as defined in subparagraph (vi) of paragraph (a) of this subdivision.
2. Offense.
(a) Except as herein otherwise provided, or except where a permit is obtained pursuant to section 405.00 of this chapter:
(i) any person who shall offer or expose for sale, sell or furnish, any fireworks or dangerous fireworks are guilty of a class B misdemeanor;
(ii) any person who shall offer or expose for sale, sell or furnish any fireworks or dangerous fireworks valued at five hundred dollars or more shall be guilty of a class A misdemeanor;
(iii) any person who shall possess, use, explodes or causes to explode any fireworks or dangerous fireworks are guilty of a violation;
(iv) any person who shall offer or expose for sale, sell or furnish, any dangerous fireworks, fireworks or sparkling devices to any person who is under the age of eighteen is guilty of a class A misdemeanor.
(b) A person who has previously been convicted of a violation of subparagraph (iv) of
paragraph (a) of this subdivision within the preceding five years and who shall offer or expose
for sale, sell or furnish, any dangerous fireworks to any person who is under the age of eighteen
shall be guilty of a class E felony.
(c) Possession of fireworks or dangerous fireworks valued at one hundred fifty dollars or more shall be a presumption that such fireworks were intended to be offered or exposed for
sale.
3. Exceptions.
(a) The provisions of this section shall not apply to: (i) fireworks, dangerous fireworks, and sparkling devices while in possession of railroads, common or contract carriers, retailers, wholesalers, distributors, jobbers and transportation companies or transportation agencies for the purpose of transportation to points without the state, the shipment of which is not prohibited by interstate commerce commission regulations as formulated and published from time to time, unless they be held voluntarily by such railroads, common or contract carriers, retailers, wholesalers, distributors, jobbers and transportation agencies or transporting companies as warehousemen for delivery to points within the state;
(ii) signaling devices used by railroad companies or motor vehicles referred to in subdivision seventeen of section three hundred seventy-five of the vehicle and traffic law;
(iii) high explosives for blasting or similar purposes;
(iv) fireworks, dangerous fireworks and sparkling devices for the use thereof by the United States military, and departments of the state and federal government;
(v) the use, transportation and storage of fireworks, dangerous fireworks and sparkling devices and special effects materials in connection with the production of motion pictures, television programs, commercials and all entertainment media recorded in any current or to be
designed format when such use, transportation and storage has been appropriately permitted by the local governmental subdivision having jurisdiction.
(b) Nothing in this article shall be construed to prohibit:
(i) any manufacturer, wholesaler, retailer, dealer or jobber from manufacturing, possessing or selling at wholesale a sparkling device to municipalities, religious or civic
organizations, fair associations, amusement parks, or other organizations authorized by the state to
store, transport, possess and use or to individuals to store, transport, possess and use;
(ii) the sale or use of blank cartridges for a motion picture, television program, commercial and all entertainment media, or for signal purposes in athletic sports or for dog trials or dog training;
(iii) the use, storage, transportation or sale or transfer for use of fireworks and sparkling devices in the preparation for or in connection with motion pictures, television programs, commercials, and all entertainment media recorded in any current or to be designed format when such use, transportation and storage has been appropriately permitted by the local governmental subdivision having jurisdiction;
(iv) the manufacture or sale of sparkling devices provided they are to be shipped directly out of such city and any such items are sold in accordance with the provisions of this article; or
(v) except in cities with a population of one million or more, possession of sparkling devices lawfully obtained in a jurisdiction that did opt by local law pursuant to paragraph (b) of subdivision five of section 405.00 of this chapter to exclude “sparkling devices” from the definitions of “fireworks” and “dangerous fireworks”, for the purpose of lawful use in another
jurisdiction that did opt by local law pursuant to paragraph (b) of subdivision five of section 405.00 of this chapter to exclude “sparkling devices” from the definitions of “fireworks” and “dangerous fireworks”. The superintendent of state police shall annually publish a list of those jurisdictions that have opted by local law pursuant to paragraph (b) of subdivision five of section 405.00 of this chapter to exclude “sparkling devices” from the definitions of “fireworks” and “dangerous fireworks”.
4. Sales of ammunition not prohibited.
Nothing contained in this section shall be construed to prevent, or interfere in any way with, the sale of ammunition for revolvers or pistols of any kind, or for rifles, shot guns, or other arms, belonging or which may belong to any persons whether as sporting or hunting weapons or for the purpose of protection to them in their homes, or, as they may go abroad; and manufacturers are authorized to continue to manufacture, and wholesalers and dealers to continue to deal in and freely to sell ammunition to all such persons for such purposes.
5. Notwithstanding the provisions of subdivision four of this section, it shall be
unlawful for any dealer in firearms to sell any ammunition designed exclusively for use in a pistol or revolver to any person, not authorized to possess a pistol or revolver. The violation of this section shall constitute a class B misdemeanor. Part 1228 of Title 19 of the NYCRR is amended by adding a new section 1228.3, to read as follows:
1228.3 Sparkling devices.
(a) Scope. The provisions of this section 1228.3 shall govern the possession,
manufacture, storage, handling, sale, and use of sparkling devices. Any building or structure where sparkling devices are manufactured, stored, handled, sold or used shall be subject to the provisions of this section 1228.3 and to all other provisions of the Uniform Code applicable to such building or
structure.
(b) Definitions. In this section, the following terms shall have the following meanings unless a different meaning is clearly required by the context:
(1) 2010 FCNYS. The term “2010 FCNYS” means the publication entitled “Fire Code of
New York State” published by the International Code Council, Inc. (publication date: August 2010).
(2) APPROVED. The term “approved” means acceptable to the code enforcement
official.
(3) CODE ENFORCEMENT OFFICIAL. The term “code enforcement official” means the officer or other designated authority charged with the administration and enforcement of the Uniform Code, or a duly authorized representative.
(4) HIGHWAY. The term “highway” means a public street, public alley or public road.
(5) LISTED. The term “listed” means equipment or materials included on a list published by an approved testing laboratory, inspection agency or other organization concerned with
current product evaluation that maintains periodic inspection of production of listed equipment
or materials, and whose listing states that equipment or materials comply with approved nationally recognized standards and have been tested or evaluated and found suitable for use in a specified manner.
(6) NFPA 495. The term “NFPA 495” means the publication entitled “Explosive
Materials Code” published by the National Fire Protection Association (publication date: 2006).
(7) NFPA 1124. The term “NFPA 1124” means the publication entitled “Code for the
Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles”
published by the National Fire Protection Association (publication date: 2006).
(8) OPERATING BUILDING. The term “operating building” means a building occupied
in conjunction with the manufacture, transportation or use of explosive materials, sparkling
devices, or both. Operating buildings are separated from one another with the use of intraplant or
intraline distances.
(9) SPARKLING DEVICES. The term “sparkling devices” shall have the meaning
ascribed to that term by section 270.00(1)(a)(vi) of the Penal Law, and shall include “groundbased
or hand-held devices” (as defined in subparagraph (i) of this paragraph) and “novelties”
(as defined in subparagraph (ii) of this paragraph).
(i) Ground-Based or Hand-Held Devices. The term “ground-based or hand-held devices” shall include the category of devices described in section 270.00(1)(a)(vi)(1) of the Penal Law, i.e.: sparkling devices which are ground-based or hand-held devices that produce a shower of
white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include
a colored flame, an audible crackling effect, an audible whistle effect, and smoke. These devices
do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or
produce a report (an audible crackling- type effect is not considered to be a report). Ground-
based or hand-held devices that produce a cloud of smoke as their sole pyrotechnic effect are
also included in this category. Types of devices in this category include:
(A) Cylindrical fountain: cylindrical tube containing not more than seventy-five grams of pyrotechnic composition that may be contained in a different shaped exterior such as a square,
rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a
shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held (handle fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, and when tubes are securely attached to a base and the tubes are separated from each other on the base by a distance of at least half an inch (12.7 millimeters), a maximum total weight of five hundred grams of pyrotechnic composition shall be allowed.
(B) Cone fountain: cardboard or heavy paper cone containing not more than fifty grams
of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, and when cones are securely attached to a base and the cones are separated from each other on the base by a distance of at least half an inch (12.7 millimeters), a maximum total weight of five hundred grams of pyrotechnic composition shall be allowed.
(C) Wooden sparkler / dipped stick: these devices consist of a wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks
is produced. Sparklers may contain up to one hundred grams of pyrotechnic composition per item.
(ii) Novelties. The term “novelties” shall include the category of devices described in
section 270.00(1)(a)(iv)(2) of the Penal Law, i.e.: novelties which do not require approval from
the United States Department of Transportation and are not regulated as explosives, provided
that they are manufactured and packaged as described below:
(A) Party popper: small devices with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant
paper streamers, confetti, or other novelties and produces a small report. Devices may contain
not more than sixteen milligrams (0.25 grains) of explosive composition, which is limited to
potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging
which contains a maximum of seventy-two devices. (B) Snapper: small, paper-wrapped devices containing not more than one milligram of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed fifty devices each, and the inner packages must contain sawdust or a similar, impact-absorbing material.
(c) Other applicable laws. The provisions of this section 1228.3 shall be in addition to, and not in limitation of,
(1) all other provisions of the Uniform Code applicable to any building or structure wher sparkling devices are manufactured, stored, handled, sold or used and
(2) all other statutes, rules, regulations, local laws, and ordinances applicable to the possession, manufacture, storage, handling, sale and/or use of sparkling devices, including but
not limited to sections 270.00 and 405.00 of the Penal Law; section 392-j of the General Business Law; section 156-h of the Executive Law; Part 225 of Title 9 of the NYCRR; Part 39 of Title 12 of the NYCRR (Industrial Code Rule 39); and local laws, ordinances or regulations relating to operating permits as contemplated by 19 NYCRR section 1203.3(g). Nothing in this section 1228.3 shall be construed as permitting the possession, manufacture, handling, sale and/or use of sparkling devices in violation of any other law, statute, rule, regulation, local law or ordinance applicable to the possession, manufacture, storage, handling, sale and/or use of sparkling devices. Nothing in this section 1228.3 shall be construed as permitting the possession, manufacture, handling, sale and/or use of sparkling devices in any jurisdiction where the possession, manufacture, handling, sale and/or use of sparking devices has not been made legal in accordance with the provisions of section 405.00 of the Penal Law.
(d) Hazardous conditions.
(1) From time to time, the New York State Department of Environmental Conservation
(DEC) publishes fire danger ratings for each fire danger rating area (FDRA) in the State. The use
of sparkling devices at any location within a FDRA designated by the DEC as having a fire danger rating of “Extreme (Red)” at any time when such designation is in effect is prohibited.
(2) In addition, the DEC may from time to time designate certain areas within the State as being subject to “Red Flag” conditions. The use of sparkling devices at any location within any
area designated by the DEC as being subject to “Red Flag” conditions at any time such designation remains in effect is prohibited.
(e) Use of ground-based or hand-held devices in or near buildings or structures.
(1) No ground-based or hand-held device (as defined in subparagraph (i) of paragraph (9) of subdivision (b) of this section) shall be used inside any building or structure unless (i) such
ground- based or hand-held device is listed for indoor use and (ii) the use of such ground-based or hand-held device inside such building or structure has been approved.
(2) No ground-based or hand-held device (as defined in subparagraph (i) of paragraph (9) of subdivision (b) of this section) shall be used within 10 feet of any building or structure unless
(i) such ground-based or hand-held device is listed for indoor use or for use within 10 feet of a building or structure and
(ii) the use of such ground-based or hand-held device within 10 feet of such building or structure has been approved.
(f) Retail sales.
(1) No persons shall construct a retail display of sparkling devices or offer sparkling devices for sale upon highways, sidewalks or public property or in a Group A or E occupancy.
(2) Retail sales of sparkling devices shall comply with the applicable requirements of NFPA 1124.
(3) A minimum of one pressurized-water portable fire extinguisher complying with
section 906 of the 2010 FCNYS shall be located not more than 15 feet (4572 mm) and not less than 10 feet (3048 mm) from each area where sparkling devices are stored or displayed for retail sale.
(4) “No Smoking” signs complying with section 310 of the 2010 FCNYS shall be
conspicuously posted in each area where sparkling devices are stored or displayed for retail sale.
(g) Storage of sparkling devices. The storage or temporary storage of sparkling devices shall comply with the applicable requirements of NFPA 1124 and, in addition, shall be subject to
the provisions of subdivision (h) of this section 1228.3.
(h) Limit on quantity. The code enforcement official is authorized to limit the quantity of sparkling devices permitted to be kept or stored at any one- or two-family dwelling, townhouse, or any building or structure containing any Group R occupancy.
(i) Records. Manufacturers of sparkling devices shall maintain records of chemicals,
chemical compounds and mixtures required by the U.S. Department of Labor regulations set
forth in 29 CFR Part 1910.1200 and Section 407 of the 2010 FCNYS.
(j) Manufacture, assembly, and testing of sparkling devices.
(1) The manufacture, assembly, and testing of sparkling devices, and facilities where the manufacture, assembly and/or testing of sparkling device occur, shall comply with the
requirements of this subdivision and NFPA 495 or NFPA 1124.
(2) Emergency plans, emergency drills, employee training and hazard communication
shall conform to the provisions of this section and Sections 404, 405, 406 and 407 of the 2010
FCNYS.
(3) Detailed Hazardous Materials Management Plans (HMMP) and Hazardous Materials
Inventory Statements (HMIS) complying with the requirements of Section 407 of the 2010 FCNYS shall be prepared and submitted to the local emergency planning committee, the code enforcement official, and the local fire department. A copy of the required HMMP and HMIS shall be maintained on site and furnished to the code enforcement official on request.
(4) Workers who handle or dispose of sparkling devices shall be trained in the hazards of the materials and processes in which they are to be engaged and with the safety rules governing
such materials and processes.
(5) Approved emergency procedures shall be formulated for each facility where sparkling devices are manufactured, assembled and/or tested. Such procedures shall include personal
instruction in any emergency that may be anticipated. All personnel shall be made aware of an
emergency warning signal.
(k) Incorporation by reference.
(1) The 2010 FCNYS. The publication entitled “Fire Code of New York State” published
by International Code Council, Inc. (publication date: August 2010) is hereby incorporated by reference in this section 1228.3. Copies of said publication (referred to herein as the 2010 FCNYS) may be obtained from the publisher at the following address: International Code Council, Inc., 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001. The 2010 FCNYS is available for public inspection and copying at New York State Department of State, 99 Washington Avenue, Albany, NY 12231-0001.
(2) NFPA 495. The publication entitled “Explosive Materials Code” published by the
National Fire Protection Association (publication date: 2006) is hereby incorporated by reference in this section 7 1228.3. Copies of said publication (referred to herein as NFPA 495) may be obtained from the publisher at the following address: National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. NFPA 495 is available for public inspection and copying at New York State Department of State, 99 Washington Avenue, Albany, NY 12231- 0001.
(3) NFPA 1124. The publication entitled “Code for the Manufacture, Transportation,
Storage, and Retail Sales of Fireworks and Pyrotechnic Articles” published by the National Fire Protection Association (publication date: 2006) is hereby incorporated by reference in this section 1228.3. Copies of said publication (referred to herein as NFPA 1124) may be obtained from the publisher at the following address: National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. NFPA 1124 is available for public inspection and copying at New York State Department of State, 99 Washington Avenue, Albany, NY 12231-0001. Part 225 Sparkling Devices
Section 225.1 Definitions.
(a) The term “sparkling devices” shall have the meaning ascribed to that term by section 270.00(1)(a)(vi) of the Penal Law, and shall include “ground-based or hand-held devices” (as
defined in paragraph (1) of this subdivision) and “novelties” (as defined in paragraph (2) of this subdivision). In addition, for purposes of this chapter, “sparkling devices” shall be considered consumer fireworks consistent with the 19 NYCRR Part 1219, Uniform Fire Prevention and
Building Code.
(1) Ground-Based or Hand-Held Devices. The term “ground-based or hand-held devices”
shall include the category of devices described in section 270.00(1)(a)(vi)(1) of the Penal Law, i.e.: ground-based or hand-held devices that produce a shower of white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible crackling effect, an audible whistle effect, and smoke. These devices do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or produce a report (an audible crackling-type effect is not considered to be a report). Ground-based or hand- held devices that produce a cloud of smoke as their sole pyrotechnic effect are also included in this category. Specific types of devices in this category include the following:
(i) Cylindrical fountain: cylindrical tube containing not more than seventy-five grams of pyrotechnic composition that may be contained in a different shaped exterior such as a square, rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device
may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held (handle fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, and when tubes are securely attached to a base and the tubes are separated from each other on the base by a distance of at least half an inch (12.7 millimeters), a maximum total weight of five hundred grams of pyrotechnic composition shall be allowed.
(ii) Cone fountain: cardboard or heavy paper cone containing not more than fifty grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams,
(iii) Wooden sparkler/dipped stick: these devices consist of a wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks is produced. Sparklers may contain up to one hundred grams of pyrotechnic composition per
item.
(2) Novelties. The term “novelties” shall include the category of devices described in section 270.00(1)(a)(iv)(2) of the Penal Law, i.e.: novelties which do not require approval from
the United States Department of Transportation and are not regulated as explosives, provided that they are manufactured and packaged as described below:
(i) Party popper: small devices with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than sixteen milligrams (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging which contains a maximum of seventy-two devices.
(ii) Snapper: small, paper-wrapped devices containing not more than one milligram of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed fifty devices each, and the inner packages must contain sawdust or a similar, impact-absorbing material.
(b) Distributor. The term “distributor” means any person or entity engaged in the business of selling sparkling devices to wholesalers, specialty retailers, permanent retailers or temporary seasonal retailers for resale.
(c) Manufacturer. The term “manufacturer” means any person or entity engaged in the manufacture or construction of sparkling devices.
(d) Specialty Retailer. The term “specialty retailer” means any person or entity who, at a fixed place of business, is engaged solely in selling sparkling devices at retail. For purposes of this Part, a person or entity is engaged solely in selling sparkling devices if fifty-one percent or more of such person’s or entity’s annual gross sales are from the sale of sparkling devices.
(e) Permanent Retailer. The term “permanent retailer” means any person or entity who, at a fixed place of business, is engaged in selling sparkling devices at retail.
(f) Temporary Seasonal Retailer. The term “temporary seasonal retailer” means any
person or entity who, at a temporary stand or tent, is engaged in selling sparkling devices from
June twentieth through July fifth or from December tenth through January second of each year at
retail.
(g) Wholesaler. The term “wholesaler” means any person or entity engaged in the
business of selling sparkling devices to specialty retailers, permanent retailers or temporary seasonal retailers at wholesale.
(h) Authority Having Jurisdiction. The term “authority having jurisdiction” shall mean the state, city, town, village, county or other governmental unit or agency responsible for
administration and enforcement of the Uniform Fire Prevention and Building Code with respect
to a building or structure.
Section 225.2. Registration
(a) A manufacturer, distributor, wholesaler, specialty retailer, or permanent retailer must annually register with the Office of Fire Prevention and Control using forms prescribed by such Office. Temporary seasonal retailers must register with the Office of Fire Prevention and Control
per season, as specified in the General Business Law 392-j.
(b) The Office of Fire Prevention and Control shall develop a registration form, to be maintained on its website.
(c) The Registration form shall contain the following:
(1) Business Name. The form shall provide the full legal name of the registrant and, if
applicable, any assumed name under which the registrant does business.
(2) Address or addresses. The form shall provide the full street address of the location where the registrant will conduct business and shall specify the jurisdiction (city, town or
village) and county in which such location is located. Any specialty retailer, permanent retailer
or temporary seasonal retailer that sells sparkling devices at more than one location may submit
one registration form for all locations, but must provide the full street address, jurisdiction, and
county of each location. Any manufacturer, distributor or wholesaler that conducts business at more than one location must submit a separate registration form for each location.
(3) Telephone Number. The form shall provide the registrant’s business telephone
number.
(4) Principals. If the registrant is a corporation, limited liability company, general partnership, limited partnership, or other business entity, the form shall provide the name and title of each principal of the registrant. The term “principal of the registrant” includes each officer of a corporation, each member or manager of a limited liability company, each general
partner in the general partnership or limited partnership, and each person in charge of the operation or management of any other business entity. (5) Contact Person. The form shall provide the name of and contact information for an individual designated by the registrant as the registrant’s contact person. The contact information shall include all telephone numbers, cell phone numbers, email addresses, and other means of
contacting the individual at any time, 24 hours a day, 7 days a week.
(6) Verification. The form shall include a verification clause indicating that the person signing the registration form certifies, under penalties of perjury, that the person is duly authorized to sign the registration form on behalf of the registrant; that the information provided in the registration from is true and complete; that each location where the registrant will conduct
business as a manufacturer, distributor, wholesaler, specialty retailer, permanent retailer, and/or
temporary seasonal retailer is in compliance with 19 NYCRR Part 1215, the Uniform Fire Prevention and Building Code; and that each location where the registrant will conduct business as a manufacturer, distributor, wholesaler, specialty retailer, permanent retailer, and/or temporary seasonal retailer is located in a city or county that has opted by local law pursuant to section 405.00(5)(b) of the Penal Law to exclude sparkling devices from the definitions of “fireworks” and “dangerous fireworks.”
(7) Signature. The form shall provide the name and title of the authorized representative signing the form on behalf of the registrant and shall be signed by such authorized representative in the presence of a notary public.
(8) Notarization. The form shall include a jurat that must be completed and signed by the notary public in whose presence the form is signed.
(d) As part of each registration package and as part each application for renewal of a registration, the registrant shall provide:
(1) For each building or structure in which the registrant will conduct business, a copy of the report of the most recent property maintenance and fire safety inspection conducted by the
authority having jurisdiction, pursuant to 19 NYCRR Part 1203 or 19 NYCRR Part 1204 as applicable, and a copy of any operating permit if so issued.
(2) A current copy of Federal permit under 18 USC 843, if applicable; and
(3) A Certificate of Insurance evidencing commercial general liability coverage inclusive of products/completed operations. This coverage shall have a minimum limit of one million
dollars and shall list the New York State Division of Homeland Security and Emergency Services Office of Fire Prevention and Control as a certificate holder.
(e) As part of any registration process, including renewals, the Office of Fire Prevention and Control shall be authorized to perform an inspection to assure compliance with this section.
(f) Applications for registration renewals for manufacturer, distributor, wholesaler,
specialty retailer, or permanent retailer shall be made sixty days prior to the expiration of the current certificate of registration. Applications for registration renewals for temporary seasonal retailers shall be made sixty days prior to the start of the desired selling season, consistent with the dates specified in the General Business Law section 392-j. Registration renewals shall be on the form prescribed by the Office of Fire Prevention and Control and meet the requirements outlined in this section.
(g) The certificate of registration authorizes a manufacturer, distributor, wholesaler,
specialty retailer, permanent retailer, or temporary seasonal retailer to sell sparkling devices in
this state during the dates specified in General Business Law section 392-j.
Section 225.3 Fees
(a) A manufacturer, distributor, wholesaler must pay an annual registration fee of $5,000 to the Office of Fire Prevention and Control.
(b) A specialty retailer must pay an annual registration fee of $2,500 to the Office of Fire Prevention and Control for each location.
c) A permanent retailer must pay an annual registration fee of $200 to the Office of Fire Prevention and Control for each location.
(d) A temporary seasonal retailer must pay a registration fee of $250 per season to the
Office of Fire Prevention and Control for each location.
Section 225.4 Certificate of Registration
(a) Upon a manufacturer, distributor, wholesaler, specialty retailer, or permanent retailer meeting registration and fee requirements contained in this Part, the Office of Fire Prevention and Control shall issue a certificate of registration valid for one year from the date of issuance.
(b) Upon a temporary seasonal retailer meeting registration and fee requirements
contained in this Part, the Office of Fire Prevention and Control shall issue a certificate of
registration valid for no more than 30 days before the first day and 30 days after the last day of
the applicable season as specified in General Business Law section 392-.j
(c) Every registered manufacturer, distributor, wholesaler, specialty retailer, permanent retailer, and temporary seasonal retailer shall continuously meet the requirements set forth in this Part. Non-compliance with any of the requirements set forth may result in a revocation of the
certificate of registration, as determined by the Office of Fire Prevention and Control.
Revocation shall remain in effect until the manufacturer, distributor, wholesaler, specialty
retailer, permanent retailer, or temporary seasonal retailer provides evidence of compliance
acceptable to the Office of Fire Prevention and Control.
Section 225.5 Records and Reports.
(a) Every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and temporary seasonal retailer shall maintain, and make available to the Office of Fire Prevention
and Control, accurate records regarding the name and quantity of any sparkling devices produced
in, imported to, exported from, or sold in this state.
(b) Every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and temporary seasonal retailer shall provide the Office of Fire Prevention and Control with access to
the building, facility, or retail location to allow for its inspection to assure compliance with the
terms of the registration, as required in this Part.
225.6 Reporting of incidents
(a) Every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and temporary seasonal retailer shall report to the Office of Fire Prevention and Control basic
information relating to all fires or explosions, including any accidental discharge of sparkling
devices, that occur on premises. This report shall be submitted within 24 hours of the occurrence
or discovery of the fire or explosion. Reports may be submitted via fax or e-mail as instructed on
a form prescribed by the Office of Fire Prevention and Control.
(b) Every manufacturer, distributor, wholesaler, specialty retailer, permanent retailer and temporary seasonal retailer shall report to the Office of Fire Prevention and Control any fire or
explosion that results in injury or death within one hour of its occurrence or as soon as
practicable. This initial report shall be made by telephone to Office of Fire Prevention and
Control’s 24-hour answering point at (518) 292-2200 or (518) 474-6746
(c) The Office of Fire Prevention and Control will provide information regarding
incidents to the applicable code enforcement official.
Section 225.7 General Requirements
Each registered specialty retailer, permanent retailer or temporary seasonal retailer shall
prominently post for public view the following documents at each location where such specialty retailer, permanent retailer or temporary seasonal retailer conducts business:
(a) A copy of the Office of Fire Prevention and Control certificate of registration for such location;
(b) The list, as most recently published by the New York State Police, of counties and
cities that have opted by local law to legalize the use of sparkling devices;
(c) A copy of the Federal Permit, if applicable;
(d) A copy of the Insurance Certificate; and
(e) A copy of a sparkling device safety pamphlet produced by the Office of Fire
Prevention and Control.
