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General Assembly Raised Bill No. 5177
February Session, 2024
LCO No. 1126
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT CONCERNING THE SALE AND USE OF CERTAIN
NONAERIAL AND NONEXPLOSIVE CONSUMER 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 Section 29-356 of the general statutes is repealed and the 1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, 2024): 2
As used in sections 29-356 to 29-365, inclusive, as amended by 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
sparklers, [and] fountains, nonaerial and nonexplosive consumer 15 Raised Bill No. 5177
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fireworks and toy pistols, toy canes, toy guns or other devices in which 16
paper caps manufactured in accordance with the regulations of the 17
United States Interstate Commerce Commission or its successor agency 18
for packing and shipping of toy paper caps are used and toy pistol paper 19
caps manufactured as provided [therein] in such regulations. 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) "Nonaerial and nonexplosive consumer fireworks" means flitter 30
sparklers, ground spinners and novelty items, including party poppers, 31
toy smoke devices, throw snappers, snakes and glow worms, as such 32
terms are defined in American Pyrotechnics Association Standard 87-1, 33
2001, as amended from time to time. 34
Sec. 2. Section 29-357 of the general statutes is repealed and the 35
following is substituted in lieu thereof (Effective October 1, 2024): 36
(a) Except as provided in subsection (b) of this section, no person, 37
firm or corporation shall offer for sale, expose for sale, sell at retail or 38
use or explode or possess with intent to sell, use or explode any 39
fireworks. A person who is [sixteen] eighteen years of age or older may 40
offer for sale, expose for sale, sell at retail, purchase, use or possess with 41
intent to sell or use sparklers, [or] fountains, or nonaerial and 42
nonexplosive consumer fireworks, of not more than one hundred grams 43
of pyrotechnic mixture per item, which are nonexplosive and nonaerial, 44
provided (1) such sparklers and fountains do not contain magnesium, 45
except for magnalium or magnesium -aluminum alloy, (2) such 46
sparklers [and fountains] containing any chlorate or perchlorate salts do 47 Raised Bill No. 5177
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not exceed five grams of composition per item, and (3) when more than 48
one fountain is mounted on a common base, the total pyrotechnic 49
composition does not exceed [two] five hundred grams. 50
(b) The Commissioner of Emergency Services and Public Protection 51
shall adopt [reasonable] regulations, in accordance with the provisions 52
of chapter 54, for the granting of permits for supervised displays of 53
fireworks or for the indoor use of pyrotechnics, sparklers and fountains 54
for special effects by municipalities, fair associations, amusement parks, 55
other organizations or groups of individuals or artisans in pursuit of 56
their trade. Such permit may be issued upon application to said 57
commissioner and after (1) inspection of the site of such display or use 58
by the local fire marshal to determine compliance with the requirements 59
of such regulations, and (2) approval of the chiefs of the police and fire 60
departments, or, if there is no police or fire department, of the first 61
selectman, of the municipality wherein the display is to be held as is 62
provided in this section. No such display shall be handled or fired by 63
any person until such person has been granted a certificate of 64
competency by the Commissioner of Emergency Services and Public 65
Protection, in respect to which a fee of two hundred dollars shall be 66
payable to the State Treasurer when issued and which may be renewed 67
every three years upon payment of a fee of one hundred ninety dollars 68
payable to the State Treasurer, provided such certificate may be 69
suspended or revoked by said commissioner at any time for cause. Such 70
certificate of competency shall attest to the fact that such operator is 71
competent to fire a display. Such display shall be of such a character and 72
so located, discharged or fired as in the opinion of the chiefs of the police 73
and fire departments or such selectman, after proper inspection, will not 74
be hazardous to property or endanger any person or persons. In an 75
aerial bomb, no salute, report or maroon may be used that is composed 76
of a formula of chlorate of potash, sulphur, black needle antimony and 77
dark aluminum. Formulas that may be used in a salute, report or 78
maroon are as follows: (A) Perchlorate of potash, black needle antimony 79
and dark aluminum, and (B) perchlorate of potash, dark aluminum and 80
sulphur. No high explosive such as dynamite, fulminate of mercury or 81 Raised Bill No. 5177
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other stimulator for detonating shall be used in any aerial bomb or other 82
pyrotechnics. Application for permits shall be made in writing at least 83
fifteen days prior to the date of display, on such notice as the 84
Commissioner of Emergency Services and Public Protection by 85
regulation prescribes, on forms furnished by the commissioner, and a 86
fee of one hundred dollars shall be payable to the State Treasurer with 87
each such application. After such permit has been granted, sales, 88
possession, use and distribution of fireworks for such display shall be 89
lawful for that purpose only. No permit granted [hereunder] pursuant 90
to this section shall be transferable. Any permit issued under the 91
provisions of this section may be suspended or revoked by the 92
Commissioner of Emergency Services and Public Protection or the local 93
fire marshal for violation by the permittee of any provision of the 94
general statutes, any regulation or any ordinance relating to fireworks. 95
(c) The Commissioner of Emergency Services and Public Protection 96
may grant variations or exemptions from, or approve equivalent or 97
alternate compliance with, particular provisions of any regulation 98
issued under the provisions of subsection (b) of this section where strict 99
compliance with such provisions would entail practical difficulty or 100
unnecessary hardship or is otherwise adjudged unwarranted, provided 101
any such variation, exemption, approved equivalent or alternate 102
compliance shall, in the opinion of the commissioner, secure the public 103
safety and shall be made in writing. 104
(d) Any person, firm or corporation violating the provisions of this 105
section shall be guilty of a class C misdemeanor, except that (1) any 106
person, firm or corporation violating the provisions of subsection (a) of 107
this section by offering for sale, exposing for sale or selling at retail or 108
possessing with intent to sell any fireworks with a value exceeding ten 109
thousand dollars shall be guilty of a class A misdemeanor, and (2) any 110
person, firm or corporation violating any provision of subsection (b) of 111
this section or any regulation adopted [thereunder] pursuant to said 112
subsection shall be guilty of a class A misdemeanor, except if death or 113
injury results from any such violation, such person, firm or corporation 114
shall be guilty of a class C felony. 115 Raised Bill No. 5177
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 29-356
Sec. 2 October 1, 2024 29-357
Statement of Purpose:
To authorize the sale and use by consumers of certain nonaerial and
nonexplosive consumer fireworks.
[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.]