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General Assembly Raised Bill No. 132
February Session, 2022
LCO No. 1056
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT CONCERNING THE SALE AND USE OF CONSUMER GRADE
FIREWORKS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 29-356 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2022): 2
As used in sections 29-356 to 29-365, inclusive, and section 3 of this 3
act: 4
(1) "Fireworks" means and includes any combustible or explosive 5
composition, or any substance or combination of substances or article 6
prepared for the purpose of producing a visible or an audible effect by 7
combustion, explosion, deflagration or detonation, and includes blank 8
cartridges, toy pistols, toy cannons, toy canes or toy guns in which 9
explosives are used, the type of balloons which require fire underneath 10
to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, 11
Daygo bombs, and any fireworks containing any explosive or 12
flammable compound, or any tablets or other device containing any 13
explosive substance, except that the term "fireworks" shall not include 14
consumer fireworks, sparklers and fountains and toy pistols, toy canes, 15 Raised Bill No. 132
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toy guns or other devices in which paper caps manufactured in 16
accordance with the regulations of the United States Interstate 17
Commerce Commission or its successor agency for packing and 18
shipping of toy paper caps are used and toy pistol paper caps 19
manufactured as provided therein. 20
(2) "Sparklers" means a wire or stick coated with pyrotechnic 21
composition that produces a shower of sparks upon ignition. 22
(3) "Fountain" means any cardboard or heavy paper cone or 23
cylindrical tube containing pyrotechnic mixture that upon ignition 24
produces a shower of colored sparks or smoke. "Fountain" includes, but 25
is not limited to, (A) a spike fountain, which provides a spike for 26
insertion into the ground, (B) a base fountain which has a wooden or 27
plastic base for placing on the ground, or (C) a handle fountain which is 28
a handheld device with a wooden or cardboard handle. 29
(4) "Consumer fireworks" has the same meaning as in 27 CFR 555.11, 30
as amended from time to time, except "consumer fireworks" does not 31
include (A) any device with more than five hundred grams of 32
pyrotechnic compound; (B) consumer reloadable mortar-type 33
fireworks, bottle rockets, Texas pop rockets and similar stick rockets, 34
sky lanterns, lady fingers, ground salutes, celebration crackers and any 35
other similar devices; or (C) sparklers or fountains. 36
Sec. 2. Section 29-357 of the general statutes is repealed and the 37
following is substituted in lieu thereof (Effective October 1, 2022): 38
(a) Except as provided in subsection (b) of this section or section 3 of 39
this act, no person, firm or corporation shall offer for sale, expose for 40
sale, sell at retail or use or explode or possess with intent to sell , use or 41
explode any fireworks. A person who is sixteen years of age or older 42
may offer for sale, expose for sale, sell at retail, purchase, use or possess 43
with intent to sell or use sparklers or fountains of not more than one 44
hundred grams of pyrotechnic mixture per item, which are 45
nonexplosive and nonaerial, provided (1) such sparklers and fountains 46
do not contain magnesium, except for magnalium or magnesium-47 Raised Bill No. 132
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aluminum alloy, [(2) such sparklers and fountains containing any 48
chlorate or perchlorate salts do not exceed five grams of composition 49
per item, and (3)] and (2) when more than one fountain is mounted on 50
a common base, the total pyrotechnic composition does not exceed two 51
hundred grams. 52
(b) The Commissioner of Emergency Services and Public Protection 53
shall adopt reasonable regulations, in accordance with chapter 54, for 54
the granting of permits for supervised displays of fireworks or for the 55
indoor use of pyrotechnics, consumer fireworks, sparklers and 56
fountains for special effects by municipalities, fair associations, 57
amusement parks, other organizations or groups of individuals or 58
artisans in pursuit of their trade. Such permit may be issued upon 59
application to said commissioner and after (1) inspection of the site of 60
such display or use by the local fire marshal to determine compliance 61
with the requirements of such regulations, and (2) approval of the chiefs 62
of the police and fire departments, or, if there is no police or fire 63
department, of the first selectman, of the municipality wherein the 64
display is to be held as is provided in this section. No such display shall 65
be handled or fired by any person until such person has been granted a 66
certificate of competency by the Commissioner of Emergency Services 67
and Public Protection, in respect to which a fee of two hundred dollars 68
shall be payable to the State Treasurer when issued and which may be 69
renewed every three years upon payment of a fee of one hundred ninety 70
dollars payable to the State Treasurer, provided such certificate may be 71
suspended or revoked by said commissioner at any time for cause. Such 72
certificate of competency shall attest to the fact that such operator is 73
competent to fire a display. Such display shall be of such a character and 74
so located, discharged or fired as in the opinion of the chiefs of the police 75
and fire departments or such selectman, after proper inspection, will not 76
be hazardous to property or endanger any person or persons. In an 77
aerial bomb, no salute, report or maroon may be used that is composed 78
of a formula of chlorate of potash, sulphur, black needle antimony and 79
dark aluminum. Formulas that may be used in a salute, report or 80
maroon are as follows: (A) Perchlorate of potash, black needle antimony 81 Raised Bill No. 132
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and dark aluminum, and (B) perchlorate of potash, dark aluminum and 82
sulphur. No high explosive such as dynamite, fulminate of mercury or 83
other stimulator for detonating shall be used in any aerial bomb or other 84
pyrotechnics. Application for permits shall be made in writing at least 85
fifteen days prior to the date of display, on such notice as the 86
Commissioner of Emergency Services and Public Protection by 87
regulation prescribes, on forms furnished by the commissioner, and a 88
fee of one hundred dollars shall be payable to the State Treasurer with 89
each such application. After such permit has been granted, sales, 90
possession, use and distribution of fireworks for such display shall be 91
lawful for that purpose only. No permit granted hereunder shall be 92
transferable. Any permit issued under the provisions of this section may 93
be suspended or revoked by the Commissioner of Emergency Services 94
and Public Protection or the local fire marshal for violation by the 95
permittee of any provision of the general statutes, any regulation or any 96
ordinance relating to fireworks. 97
(c) The Commissioner of Emergency Services and Public Protection 98
may grant variations or exemptions from, or approve equivalent or 99
alternate compliance with, particular provisions of any regulation 100
issued under the provisions of subsection (b) of this section where strict 101
compliance with such provisions would entail practical difficulty or 102
unnecessary hardship or is otherwise adjudged unwarranted, provided 103
any such variation, exemption, approved equivalent or alternate 104
compliance shall, in the opinion of the commissioner, secure the public 105
safety and shall be made in writing. 106
(d) Any person, firm or corporation violating the provisions of this 107
section shall be guilty of a class C misdemeanor, except that (1) any 108
person, firm or corporation violating the provisions of subsection (a) of 109
this section by offering for sale, exposing for sale or selling at retail or 110
possessing with intent to sell any fireworks with a value exceeding ten 111
thousand dollars shall be guilty of a class A misdemeanor, and (2) any 112
person, firm or corporation violating any provision of subsection (b) of 113
this section or any regulation adopted thereunder shall be guilty of a 114
class A misdemeanor, except if death or injury results from any such 115 Raised Bill No. 132
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violation, such person, firm or corporation shall be guilty of a class C 116
felony. 117
Sec. 3. (NEW) (Effective October 1, 2022) (a) (1) The Department of 118
Emergency Services and Public Protection may issue an annual or a 119
temporary license to sell consumer fireworks to an applicant who: (A) 120
Is twenty-one years of age or older, (B) holds a valid federal fireworks 121
license issued pursuant to 18 USC Section 843, as amended from time to 122
time, (C) has not been convicted of a felony, (D) has not been convicted 123
of an offense or violation of a state, federal or municipal law or 124
regulation involving the misuse of fireworks or explosives, and (E) 125
maintains public liability and product liability insurance with a 126
minimum coverage amount of two million dollars, to cover losses, 127
damages or injuries that might ensue to persons or property as a result 128
of selling consumer fireworks. A separate license shall be obtained for 129
each location at which an applicant intends to sell consumer fireworks. 130
An annual license shall expire on January first of each year. A temporary 131
license shall be valid for a selling period either from June twenty-fifth to 132
July fifth or from December twenty-sixth to January second. 133
(2) The fee for an initial annual license shall be five thousand dollars 134
and the fee for each license renewal shall be two thousand five hundred 135
dollars. The fee for a temporary license shall be two hundred fifty 136
dollars per selling period. 137
(b) (1) An applicant granted an annual license to sell consumer 138
fireworks pursuant to subsection (a) of this section shall store and sell 139
such fireworks only in a permanent, standalone facility that (A) operates 140
in accordance with NFPA Section 1124, 2006 edition, (B) complies with 141
the provisions of the building code applicable to high-hazard buildings 142
classified as group H-3, (C) is equipped with burglar and smoke 143
detector alarm systems that are monitored twenty-four hours per day, 144
and (D) sells only consumer fireworks and fireworks-related items, such 145
as fuses, safety equipment, electronic firing panels, fireworks-related 146
clothing and fireworks association or recreational club memberships. 147 Raised Bill No. 132
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(2) An applicant granted a temporary license may sell consumer 148
fireworks that are ground and hand-held sparkling devices, snappers, 149
party poppers, smoke items and ground-based fountains from tents, 150
temporary structures or retail stores that operate in accordance with 151
NFPA Section 1124, 2006 edition. 152
(3) Prior to commencing the sale of consumer fireworks at any facility 153
licensed pursuant to subsection (a) of this section and annually 154
thereafter, the chiefs of the police and fire departments, or, if there is no 155
police or fire department, the first selectman, of the municipality in 156
which such facility is located, or their designees, shall inspect and 157
approve the use of the facility for such sales. The chiefs, the first 158
selectman, or their designees, shall provide a written copy of each 159
approval granted pursuant to this subdivision to the town clerk or the 160
official charged with the enforcement of zoning regulations for such 161
municipality, and such clerk or official shall retain such copy for at least 162
one year after issuance. 163
(4) The State Fire Marshal, any local fire marshal, any police officer, 164
as defined in section 7-294a of the general statutes, acting within the 165
jurisdiction of such official, may enforce the provisions of this section 166
and may inspect any facility where consumer fireworks are to be sold, 167
stored or offered for sale. Any inspection of a facility licensed pursuant 168
to subsection (a) of this section shall be conducted in a manner and at a 169
time that does not interfere with the regular commerce of such facility. 170
(c) No person may offer for sale, expose for sale, sell at retail or 171
possess with intent to sell consumer fireworks at a facility licensed 172
pursuant to this section unless such person is at least eighteen years of 173
age and under the direct supervision of a person who is on the premises 174
and at least twenty-one years of age. No person may sell consumer 175
fireworks to another person unless such other person is twenty-one 176
years of age or older. 177
(d) Not later than December 1, 2022, the Department of Emergency 178
Services and Public Protection shall develop and make available to 179 Raised Bill No. 132
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licensees a summary of fireworks safety recommendations. Licensees 180
shall post such summary in a conspicuous place near the final point of 181
sale in each location in which the licensee is authorized to sell consumer 182
fireworks pursuant to this section. 183
(e) Any license issued under subsection (a) of this section may be 184
suspended or revoked by the department, after notice and opportunity 185
for a hearing in accordance with the provisions of chapter 54 of the 186
general statutes, for any violation of the provisions of this section or if 187
the licensee no longer meets the criteria for licensure. 188
Sec. 4. (NEW) (Effective October 1, 2022) (a) No person who is under 189
twenty-one years of age may purchase, possess or use consumer 190
fireworks. 191
(b) A person twenty-one years of age or older may only ignite or 192
discharge a consumer firework (1) between six o'clock p.m. and eleven 193
o'clock p.m. on any day, or between eleven o'clock p.m. and midnight 194
on the thirty-first day of December and for the first hour of New Year's 195
Day, in addition to said hours, and (2) with the express permission of 196
the owner of the property on which the consumer firework will be 197
ignited or discharged. 198
(c) No person may ignite or discharge a consumer firework while 199
under the influence of alcohol, drugs or both. 200
(d) Any person violating any provision of this section shall be guilty 201
of a class C misdemeanor. 202
Sec. 5. (NEW) (Effective October 1, 2022) Notwithstanding the 203
provisions of section 29-357 of the general statutes, as amended by this 204
act, or section 3 or 4 of this act, a municipality may, by ordinance of its 205
legislative body, impose additional regulations or restrictions on the 206
sale or use of consumer fireworks within such municipality. 207
Sec. 6. (NEW) (Effective October 1, 2022) (a) As used in this section: 208
(1) "Consumer fireworks" has the same meaning as in section 29-356 209 Raised Bill No. 132
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of the general statutes, as amended by this act; 210
(2) "Consumer fireworks retailer" means the holder of a license to sell 211
consumer fireworks issued pursuant to section 3 of this act; and 212
(3) "First sale of consumer fireworks" means the initial sale of 213
consumer fireworks in this state. 214
(b) On and after October 1, 2022, each person or entity that sells 215
consumer fireworks to a consumer fireworks retailer shall pay a tax to 216
the state on the first sale of consumer fireworks, at the rate of five per 217
cent of the average wholesale price, as determined by the Department 218
of Revenue Services. The Commissioner of Revenue Services shall 219
prescribe the form and manner of the remittance of such tax and any 220
return filing the commissioner deems necessary. 221
(c) Any tax due and unpaid under this section shall be subject to the 222
penalties and interest established in section 12-547 of the general 223
statutes and the amount of such tax, penalty or interest, due and unpaid, 224
may be collected under the provisions of section 12-35 of the general 225
statutes. 226
(d) The provisions of sections 12-548 and 12-550 to 12-555b, inclusive, 227
of the general statutes shall apply to the provisions of this section in the 228
same manner and with the same force and effect as if the language of 229
said sections had been incorporated in full into this section and had 230
expressly referred to the tax imposed under this section, except to the 231
extent that any such provision is inconsistent with a provision of this 232
section. 233
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 29-356
Sec. 2 October 1, 2022 29-357
Sec. 3 October 1, 2022 New section
Sec. 4 October 1, 2022 New section
Sec. 5 October 1, 2022 New section Raised Bill No. 132
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Sec. 6 October 1, 2022 New section
Statement of Purpose:
To authorize the sale and use of consumer fireworks in the state.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]