[Adopted 3-17-2015 by L.L. No. 2-2015]
As used in this article, the following terms shall have the
meanings indicated:
SPARKLING DEVICES
Ground-based or handheld 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 handheld
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
75 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
handheld (handle fountain). When more than one tube is mounted on
a common base, total pyrotechnic composition may not exceed 200 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 1/2 inch (12.7
millimeters), a maximum total weight of 500 grams of pyrotechnic composition
shall be allowed.
B.
Cone fountain: cardboard or heavy paper cone containing not
more than 50 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 200
grams, as is outlined in this subsection.
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 100 grams of pyrotechnic composition per item.
D.
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:
(1)
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 60 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 72 devices.
(2)
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 50 devices each,
and the inner packages must contain sawdust or a similar, impact-absorbing
material.
If any part of or provisions of this article, or the application
thereof to any person or circumstance, shall be adjudged invalid by
any court of competent jurisdiction, such judgment shall be confined
in its operation to the part of or provision of, or application directly
involved in the controversy in which such the remainder of this article,
or the application thereof to other persons or circumstances.
This article shall take effect immediately upon filing with
the Secretary of State.