Connecticut 2022 Regular Session

Connecticut Senate Bill SB00159 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 1422 1 of 4
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6	6	General Assembly Raised Bill No. 159
7	7	February Session, 2022
8	8	LCO No. 1422
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11	11	Referred to Committee on PUBLIC SAFETY AND SECURITY
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13	13
14	14	Introduced by:
15	15	(PS)
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20	20	AN ACT CONCERNING FIREWORK PERMITS AND CERTIFICATES OF
21	21	COMPETENCY.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 29-357 of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective July 1, 2022): 2
27	27	(a) Except as provided in subsection (b) of this section, no person, 3
28	28	firm or corporation shall offer for sale, expose for sale, sell at retail or 4
29	29	use or explode or possess with intent to sell, use or explode any 5
30	30	fireworks. A person who is sixteen years of age or older may offer for 6
31	31	sale, expose for sale, sell at retail, purchase, use or possess with intent to 7
32	32	sell or use sparklers or fountains of not more than one hundred grams 8
33	33	of pyrotechnic mixture per item, which are nonexplosive and nonaerial, 9
34	34	provided (1) such sparklers and fountains do not contain magnesium, 10
35	35	except for magnalium or magnesium -aluminum alloy, (2) such 11
36	36	sparklers and fountains containing any chlorate or perchlorate salts do 12
37	37	not exceed five grams of composition per item, and (3) when more than 13
38	38	one fountain is mounted on a common base, the total pyrotechnic 14
39	39	composition does not exceed two hundred grams. 15 Raised Bill No. 159
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43	43	LCO No. 1422 2 of 4
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45	45	(b) (1) The Commissioner of Emergency Services and Public 16
46	46	Protection shall adopt reasonable regulations, in accordance with 17
47	47	chapter 54, for the granting of permits for supervised displays of 18
48	48	fireworks or for the indoor use of pyrotechnics, sparklers and fountains 19
49	49	for special effects by municipalities, fair associations, amusement parks, 20
50	50	other organizations or groups of individuals or artisans in pursuit of 21
51	51	their trade. Such permit may be issued upon application to said 22
52	52	commissioner and after [(1)] (A) inspection of the site of such display or 23
53	53	use by the local fire marshal to determine compliance with the 24
54	54	requirements of such regulations, and [(2)] (B) approval of the chiefs of 25
55	55	the police and fire departments, or, if there is no police or fire 26
56	56	department, of the first selectman, of the municipality wherein the 27
57	57	display is to be held as is provided in this section. No such display shall 28
58	58	be handled or fired by any person until such person has been granted a 29
59	59	certificate of competency by the Commissioner of Emergency Services 30
60	60	and Public Protection, in respect to which a fee of two hundred dollars 31
61	61	shall be payable to the State Treasurer when issued and which may be 32
62	62	renewed every three years upon payment of a fee of one hundred ninety 33
63	63	dollars payable to the State Treasurer, provided such certificate may be 34
64	64	suspended or revoked by said commissioner at any time for cause. Such 35
65	65	certificate of competency shall attest to the fact that such operator is 36
66	66	competent to fire a display. Such display shall be of such a character and 37
67	67	so located, discharged or fired as in the opinion of the chiefs of the police 38
68	68	and fire departments or such selectman, after proper inspection, will not 39
69	69	be hazardous to property or endanger any person or persons. In an 40
70	70	aerial bomb, no salute, report or maroon may be used that is composed 41
71	71	of a formula of chlorate of potash, sulphur, black needle antimony and 42
72	72	dark aluminum. Formulas that may be used in a salute, report or 43
73	73	maroon are as follows: [(A)] (i) Perchlorate of potash, black needle 44
74	74	antimony and dark aluminum, and [(B)] (ii) perchlorate of potash, dark 45
75	75	aluminum and sulphur. No high explosive such as dynamite, fulminate 46
76	76	of mercury or other stimulator for detonating shall be used in any aerial 47
77	77	bomb or other pyrotechnics. Application for permits shall be made in 48
78	78	writing at least fifteen days prior to the date of display, on such notice 49
79	79	as the Commissioner of Emergency Services and Public Protection by 50 Raised Bill No. 159
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83	83	LCO No. 1422 3 of 4
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85	85	regulation prescribes, on forms furnished by the commissioner, and a 51
86	86	fee of one hundred dollars shall be payable to the State Treasurer with 52
87	87	each such application. After such permit has been granted, sales, 53
88	88	possession, use and distribution of fireworks for such display shall be 54
89	89	lawful for that purpose only. No permit granted hereunder shall be 55
90	90	transferable. Any permit issued under the provisions of this section may 56
91	91	be suspended or revoked by the Commissioner of Emergency Services 57
92	92	and Public Protection or the local fire marshal for violation by the 58
93	93	permittee of any provision of the general statutes, any regulation or any 59
94	94	ordinance relating to fireworks. 60
95	95	(2) The Commissioner of Emergency Services and Public Protection 61
96	96	shall require an applicant for a certificate of competency pursuant to 62
97	97	subdivision (1) of this subsection to submit to a state and national 63
98	98	criminal history records check conducted in accordance with section 29-64
99	99	17a. 65
100	100	(3) The Commissioner of Emergency Services and Public Protection 66
101	101	or a local fire marshal may suspend or revoke a permit issued pursuant 67
102	102	to subdivision (1) of this subsection for a violation of any provision of 68
103	103	sections 29-356 to 29-365, inclusive, any regulation adopted pursuant to 69
104	104	this subsection or section 29-357a or 29-359 or any ordinance relating to 70
105	105	fireworks. 71
106	106	(c) The Commissioner of Emergency Services and Public Protection 72
107	107	may grant variations or exemptions from, or approve equivalent or 73
108	108	alternate compliance with, particular provisions of any regulation 74
109	109	issued under the provisions of subsection (b) of this section where strict 75
110	110	compliance with such provisions would entail practical difficulty or 76
111	111	unnecessary hardship or is otherwise adjudged unwarranted, provided 77
112	112	any such variation, exemption, approved equivalent or alternate 78
113	113	compliance shall, in the opinion of the commissioner, secure the public 79
114	114	safety and shall be made in writing. 80
115	115	(d) Any person, firm or corporation violating the provisions of this 81
116	116	section shall be guilty of a class C misdemeanor, except that (1) any 82 Raised Bill No. 159
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120	120	LCO No. 1422 4 of 4
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122	122	person, firm or corporation violating the provisions of subsection (a) of 83
123	123	this section by offering for sale, exposing for sale or selling at retail or 84
124	124	possessing with intent to sell any fireworks with a value exceeding ten 85
125	125	thousand dollars shall be guilty of a class A misdemeanor, and (2) any 86
126	126	person, firm or corporation violating any provision of subsection (b) of 87
127	127	this section or any regulation adopted thereunder shall be guilty of a 88
128	128	class A misdemeanor, except if death or injury results from any such 89
129	129	violation, such person, firm or corporation shall be guilty of a class C 90
130	130	felony. 91
131	131	This act shall take effect as follows and shall amend the following
132	132	sections:
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134	134	Section 1 July 1, 2022 29-357
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136	136	Statement of Purpose:
137	137	To require applicants for a certificate of competency to undergo a state
138	138	and national criminal history records check and allow the
139	139	Commissioner of Emergency Services and Public Protection or a local
140	140	fire marshal to suspend a fireworks permit for violation of a statute,
141	141	regulation or ordinance relating to fireworks.
142	142	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
143	143	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
144	144	underlined.]
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