132D-1 Title.
§132D-1 Title. This chapter shall be known and may be cited as the “Fireworks Control Law”. [L 1994, c 180, pt of §1]
132D-10 Permits.
§132D-10 Permits. A permit shall be required for the purchase and use of: (1) Any consumer fireworks commonly known as firecrackers upon payment of a fee of $25; (2) Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of $110; and (3) Any consumer fireworks […]
132D-11 Fee.
§132D-11 Fee. (a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler’s site, $1,000 for each storage site, and $500 for each retailer’s site for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the […]
132D-12 Sale to minors; sale by minors; prohibited.
§132D-12 Sale to minors; sale by minors; prohibited. It shall be unlawful for any person to offer for sale, sell, or give any fireworks or articles pyrotechnic to minors, and for any minor to possess, purchase, sell, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, except as provided in […]
132D-13 Liability of parents or guardians.
§132D-13 Liability of parents or guardians. The parents, guardian, and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, shall be deemed to be in violation of this chapter and shall be […]
132D-14 Penalty.
§132D-14 Penalty. (a) Any person: (1) Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D-7 shall be guilty of a class C felony; (2) Purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16, or […]
132D-14.5 Liability of homeowner, renter, or person otherwise responsible for real property.
§132D-14.5 Liability of homeowner, renter, or person otherwise responsible for real property. A homeowner, renter, or person otherwise responsible for the real property who intentionally, knowingly, or recklessly allows an individual, while on the real property, to possess, set off, ignite, or otherwise cause to explode any aerial device shall be deemed to be in […]
132D-15 Notice requirements.
§132D-15 Notice requirements. Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing fireworks of the prohibitions, liabilities, and penalties incorporated in sections 132D-12, 132D-13, and 132D-14. [L 1994, c 180, pt of §1]
132D-16 Permit for display.
§132D-16 Permit for display. (a) Any person desiring to set off, ignite, or discharge aerial devices, display fireworks, or articles pyrotechnic for a display shall apply to, and obtain a permit as required by section 132D-10, from the county not less than twenty days before the date of the display. (b) The application shall state, […]
132D-16.5 Labeling of display fireworks.
§132D-16.5 Labeling of display fireworks. (a) This section shall apply to any display fireworks, articles pyrotechnic, or aerial devices used for a display. (b) Each shell, mine, comet, and multiple tube device, such as finale or barrage boxes, roman candle batteries, or cakes, shall bear a permanent label listing the licensee’s name, address, and contact […]
132D-16.6 Display site inspection.
§132D-16.6 Display site inspection. Each county fire chief is authorized to conduct inspections of the persons conducting a display, including the site where the display is occurring or will occur within the fire chief’s county to determine compliance with the applicable county code and the current editions of the National Fire Protection Association’s “NFPA 1123: […]
132D-16.7 Display stop order.
§132D-16.7 Display stop order. A county fire chief is authorized to immediately revoke or suspend any permit issued under section 132D-16 for display of display fireworks, articles pyrotechnic, or aerial devices within the fire chief’s county for the following reasons: (1) Adverse climatic or atmospheric conditions; (2) The issuance of red flag warnings; or (3) […]
132D-17 REPEALED.
§132D-17 REPEALED. L 2010, c 170, §2.
132D-17.5 County ordinances.
§132D-17.5 County ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county fireworks ordinance; provided that the ordinance is at least as stringent in the control or prohibition of fireworks as the law under this chapter. (b) Nothing in this chapter shall prohibit a county from enacting […]
132D-18 Effect on other laws.
§132D-18 Effect on other laws. Nothing in this chapter shall be construed to apply to the possession, storage, sale, or use of explosives and combustibles in accordance with chapter 396. [L 1994, c 180, pt of §1]
132D-19 REPEALED.
§132D-19 REPEALED. L 2000, c 233, §17.
132D-2 Definitions.
§132D-2 Definitions. As used in this chapter unless the context requires otherwise: “Aerial device” means any fireworks containing one hundred thirty milligrams or less of explosive materials that produces an audible or visible effect and is designed to rise into the air and explode or detonate in the air or to fly about above the […]
132D-20 Enforcement; probable cause for arrest.
§132D-20 Enforcement; probable cause for arrest. (a) This chapter shall be enforced by each county. The counties are authorized to enforce and administer the provisions of this chapter. (b) Arrests for offenses under this chapter or under a county fireworks ordinance shall be made in compliance with chapter 803. The facts and circumstances to establish […]
132D-21 Health care facilities; report of fireworks and articles pyrotechnic incidents.
§132D-21 Health care facilities; report of fireworks and articles pyrotechnic incidents. Health care facilities in this State shall report all incidents of serious injuries and fatalities caused by legal and illegal fireworks or articles pyrotechnic to the department of health and the police department of the county in which the person was attended or treated. […]
132D-3 Permissible uses of consumer fireworks.
§132D-3 Permissible uses of consumer fireworks. Consumer fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only: (1) From 9:00 p.m. on New Year’s Eve to 1:00 a.m. on New Year’s Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year’s Day; and from 1:00 p.m. to 9:00 […]