Permits the use of certain outdoor consumer fireworks

Summary of specific provisions

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

Part 1. Allows that consumer fireworks may be possessed and used outdoors by a person holding a valid permit issued by a local munici- pality.

Part 2. A city, village or town will be authorized to issue or deny a permit and collect a fee for said permit for the outdoor use of consumer fireworks. Fees will be determined by the local municipality and defined at a reasonable rate. Said permit may be issued to an individual who is eighteen years of age or older. The local municipality may choose to deny or revoke the permit for space, weather, risk of fire or other specific safety concerns. If the permit is denied, the issuing body shall state in writing the reason therefore.

Part 3. "Permissible consumer fireworks" shall mean and include "mine" devices, which are heavy cardboard or paper tubes usually attached to a wooden or plastic base and containing not more than sixty grams of total chemical composition. The term "mine" refers to a device with no inter- nal components containing a bursting charge. A mine device may contain more than one tube provided the tubes fire in sequence upon ignition of one external fuse; and "cake" devices, which refers to a dense-packed collection of mine tubes, the total chemical composition of which may not exceed two hundred grams. The maximum quantity of lift charge in anyone tube of a mine device shall not exceed twenty grams, and the maximum quantity of break or bursting charge in any component shall not exceed twenty-five percent of the total weight of chemical composition in the component. Also permitted are "multiple tube devices" which are devices containing more than one cardboard tube, whereby the ignition of one external fuse causes all of the tubes to function in sequence.

Part 4. The use and possession of consumer fireworks shall not be subject to the provisions of Part 61 of the NYCRR or to sections 480, 481, 482, or 483 of the general business law.

Part 5. Permits issued under this legislation do not permit the use of firecrackers, sky rockets, bottle rockets, missile type rockets, heli- copters, aerial spinners, roman candles, shell devices, aerial shell kits (reloadable tubes) and chasers as defined in APA sections 87-1, 3.1.2.1 through 3.1.2.4, 3.1.2.5 (shell devices) and 3.1.2.6 through

3.1.3.2 and in 16CFR, and ground based fireworks as defined in APA sections 87-1, 3.1.1.1 through 3.1.1.8 and 3.2 through 3.3, or any devices deemed a violation of any local ordinances.

Part 7. Prohibits the issuing of permits for consumer fireworks in cites with a population of over one million people.

Section 2. Amends subdivision 2 of section 270.00 of the penal law to allow those persons holding a lawful permit to use permissible consumer fireworks.

Section 3. Adds a new subdivision 6 to Section 405 of the penal law to exempt the provisions of such section to the use and possession of permissible consumer fireworks.

Section 4. States the effective date.

Justification

This bill is being proposed to:

1) define permissible consumer fireworks; 2) provide for the sale and possession of permissible consumer fireworks; 3) provide authorization at the local municipal level (less than a million population) to issue permits for the outdoor use of permissible consumer fireworks; 4) provide for additional state revenues; 5) foster job opportunities and economic growth pertaining to permissible consumer fireworks.

Attendance at public displays has decreased in recent years and the current ban is widely flouted. 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 saluted, etc.). These were the items that caused the most injuries prior to the New York State ban in 1940. The federal government established strict safety standards for consumer fireworks in 1976.

In addition, the fireworks industry has established standards that exceed federal guidelines, and are active participants in the importation of safe fireworks into this country. Beginning in 1994, the American Fireworks Standards Laboratory began its Quality Improvement Program, which includes the testing of the consumer fireworks products at the factory level in China before the products are permitted to be exported to the United States.

United States Consumer Product Safety Commission (CPSC) statistics show that mines or "cakes" are the safest of all fireworks. They have a better safety record than public displays. These multiple tube devices go up "hot" but are "cold" by the time they reach the ground, thus alleviating the concern for fires.

Prior legislative history

New bill.

Fiscal implications

Substantial generation of new sales tax revenue for the State of New York. Generation of additional permit revenues for local municipalities with a population of less than one million people. Increased job opportunities and economic growth.

Effective date

This act shall take effect immediately.