Permits the outdoor consumer use of fireworks

1 Co-sponsor

• George D. Maziarz

BILL NUMBER:S465A

Title of bill

An act to amend the penal law, in relation to issuing permits for consumer use of fireworks

Purpose or general idea of bill

Allows possession and use of outdoors fireworks by a person holding a valid permit issued by a municipality.

Summary of specific provisions

Creates a new section, Sec. 405.02, of the Penal Law, as follows:

Section 1. Allows that consumer fireworks may be possessed and used outdoors by a person holding a valid permit issued by a municipality.

Section 2. The permit authority of a city, village or town may issue a permit for the outdoor consumer use of fireworks. Said permit may be issued to a person who is eighteen years of age or older and who holds a valid proof of completion of a consumer fireworks safety course.

Section 3. A consumer fireworks safety course must be taught by a fireworks group recognized by the American Pyrotechnics Association. Such proof shall be issued upon completion of the course and will be valid for two years from the date of issue.

Section 4. "Consumer fireworks" shall mean and include any combustible or explosive composition or combination thereof intended to produce visible and/or audible effects by combustion and must comply with "consumer fireworks" regulations as defined in the American Pyrotechnics Association (APA) Standard 87-1 or any successor standard.

Section 5. Restricts the use of firecrackers, rockets, missiles, aerial shell kits, reloadable mortars or wire sparklers, and the violation of any local ordinances.

Section 6. Prohibits issue of permits in cities with a population of over one million people.

Justification

For over 65 years there has been a complete ban on the possession and use of consumer fireworks by individuals in the State of New York. Significant changes have been made in federal regulations by banning large explosive devices which prove to be the most harmful (i.e. ashcans, cherry bombs, silver salutes, etc.), and establishing safety standards for consumer fireworks. In addition, the fireworks industry has established standards that exceed the federal guidelines, and they are an active participant in the importation of safe fireworks into this country. Statistics show that injury and death caused by fireworks used by consumers has been reduced in recent years as a result of these guidelines. This legislation would still prohibit the use of the most dangerous fireworks.

Prior legislative history

S.3786 of 2009/2010

Fiscal implications

Potential generation of new sales tax revenue.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.