Chapter 60, Article 2C NMSA 1978 may be cited as the “Fireworks Licensing and Safety Act”. History: Laws 1989, ch. 346, § 1; 1997, ch. 17, § 1. ANNOTATIONS The 1997 amendment, effective March 18, 1997, substituted “Chapter 60, Article 2C NMSA 1978” for “Sections 1 through 11 of this act”. Municipal or county regulation. […]
A. Any individual, firm, partnership or corporation that violates any provision of the Fireworks Licensing and Safety Act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one year, or both. B. Nothing in the Fireworks […]
A. If a person is found guilty of violating any of the provisions of the Fireworks Licensing and Safety Act, that person’s license or permit may be revoked or suspended by the state fire marshal, his deputies or designees. B. No individual, firm, corporation or partnership shall possess any fireworks for sale within New Mexico, […]
As used in the Fireworks Licensing and Safety Act: A. “aerial shell” means a cylindrical or spherical cartridge containing a lift charge, burst charge and effect composition. Upon firing from a reloadable tube, the lift charge is consumed and the cartridge is expelled into the air; B. “aerial shell kit-reloadable tube” means a package or […]
History: Laws 1997, ch. 17, § 8; repealed by Laws 2007, ch. 268, § 6. ANNOTATIONS Repeals. — Laws 2007, ch. 268, § 6 repealed 60-2C-2.1 NMSA 1978, as enacted by Laws 1997, ch. 17, § 8, relating to novelties, effective April 2, 2007. For provisions of former section, see the 2006 NMSA 1978 on […]
A. No person may sell, hold for sale, import, distribute or offer for sale, as manufacturer, distributor, wholesaler or retailer, any fireworks in this state unless such person has first obtained the appropriate license or permit. B. The state fire marshal shall enforce the Fireworks Licensing and Safety Act. All license applications shall be submitted […]
A. An applicant for a license or permit under the Fireworks Licensing and Safety Act shall pay to the state fire marshal’s office the following fees, which shall not be refundable: (1) manufacturer license $1,500; (2) distributor license 2,000; (3) wholesaler license 1,000; (4) display distributor license 1,000; (5) specialty retailer license 750; (6) retailer […]
No individual, firm, partnership, corporation or association shall possess for retail sale in this state, sell or offer for sale at retail or possess or use any fireworks other than permissible fireworks. History: Laws 1989, ch. 346, § 5; 1991, ch. 133, § 4. ANNOTATIONS The 1991 amendment, effective June 14, 1991, inserted “or possess” […]
Nothing in the Fireworks Licensing and Safety Act shall prohibit licensed wholesalers, distributors, importers or manufacturers from storing, selling, shipping or otherwise transporting fireworks as defined by the United States department of transportation to any person or entity outside the state of New Mexico. History: Laws 1989, ch. 346, § 6.
A. Permissible fireworks are: (1) ground and hand-held sparkling devices: (a) cone fountains; (b) crackling devices; (c) cylindrical fountains; (d) flitter sparklers; (e) ground spinners; (f) illuminating torches; and (g) wheels; (2) aerial devices: (a) aerial shell kit-reloadable tubes; (b) aerial spinners; (c) helicopters; (d) mines; (e) missile-type rockets; (f) multiple tube devices; (g) roman […]
A. Fireworks may not be sold at retail without a retail permit. The permit shall be at the location where the retail sale takes place. B. All places where fireworks are stored, sold or displayed shall be in compliance with the code of safety standards published by the national fire protection association for the manufacture, […]
A. The governing body of a municipality may hold a hearing to determine if fireworks restrictions should be imposed within the boundaries of the incorporated municipality affected by extreme or severe drought conditions. The findings of the governing body shall be based on current drought indices published by the national weather service and any other […]
Except as provided in Section 9 [60-26-8.1 NMSA 1978] of this act, nothing in the Fireworks Licensing and Safety Act shall prohibit the display of display fireworks, except that any individual, association, partnership, corporation, organization, county or municipality shall secure a written permit from the governing body of the county or municipality where the display […]
All places where theatrical pyrotechnics articles are manufactured, stored, sold or displayed shall be in compliance with the code of safety standards published by the national fire protection association for the use of pyrotechnics before a proximate audience. History: Laws 2007, ch. 268, § 5. ANNOTATIONS Cross references. — For the Child Labor Act, see […]
