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OLR Bill Analysis
sHB 5177
AN ACT CONCERNING THE SALE AND USE OF CERTAIN
NONAERIAL AND NONEXPLOSIVE CONSUMER FIREWORKS.
SUMMARY
In Connecticut, fireworks are generally illegal unless they are
specifically permitted by law; or a municipality, fair association,
amusement park, or trade organization or group has a fireworks display
permit from the Department of Emergency Services and Public
Protection commissioner. Current law allows anyone age 16 or older to
offer or expose for sale, sell at retail, purchase, use, or possess with intent
to sell or use certain sparklers and fountains (collectively “legal
fireworks” for the purposes of this bill analysis).
This bill (1) raises the minimum age for legal fireworks from age 16
to 18, (2) increases and changes the allowable composition of fountains,
and (3) expands legal fireworks to include specific types of nonexplosive
and nonaerial consumer fireworks allowed under federal law.
The bill also authorizes each municipality to adopt an ordinance, by
vote of its legislative body, to prohibit offering or exposing for sale,
selling at retail, purchasing, using, or possessing with intent to sell or
use nonexplosive and nonaerial consumer fireworks at public assembly
places, including public events such as fairs, carnivals, craft shows, and
music events and municipal, educational, or commercial property.
As under existing law for most violations of the state fireworks laws,
a violation of the age restriction or a municipal ordinance adopted
under the bill is a class C misdemeanor punishable by up to three
months in prison, a fine of up to $500, or both.
Lastly, the bill also makes technical and conforming changes. 2024HB-05177-R000045-BA.DOCX
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EFFECTIVE DATE: October 1, 2024
CURRENT LEGAL FIREWO RKS
By law, a “sparkler” is a wire or stick coated with pyrotechnic
composition that gives off a shower of sparks when lit. A “fountain” is
generally any cardboard or heavy paper cone or cylindrical tube
containing pyrotechnic mixture that produces a shower of colored
sparks or smoke when ignited.
To be legal for general consumer use under current law, sparklers
and fountains must be non-explosive, non-aerial, and cannot contain (1)
magnesium, except for magnalium or magnesium-aluminum alloy; (2)
more than 100 grams of pyrotechnic mixture per item; and (3) more than
five grams of chlorate or perchlorate salts per item. If more than one
fountain is mounted on a common base, the total pyrotechnic
composition cannot exceed 200 grams.
For these fountains, the bill removes the limitation on them having
more than five grams of chlorate or perchlorate salts per item and
permits them to have up to 500 grams of total pyrotechnic composition
when more than one is mounted on a common base.
NONEXPLOSIVE AND NONAERIAL CONSUMER FIREWORKS
The bill allows people age 18 or older to offer or expose for sale, sell
at retail, purchase, use, or possess with intent to sell or use nonexplosive
and nonaerial consumer fireworks, so long as the actions conform with
any municipal ordinance that may be adopted under the bill.
“Nonexplosive and nonaerial consumer fireworks” are flitter
sparklers, ground spinners, and novelties as described in a federally
adopted standard (i.e., currently, the American Pyrotechnics
Association (APA) Standard 87-1A (2018)).
Under the current version of this standard, flitter sparklers and
ground spinners are types of “ground devices, individual.” There are
also seven types of “novelties:” booby trap/pull apart, novelty flitter
sparkler, party popper, novelty snake, snapper, novelty wire sparkler or
novelty dipped stick, and novelty smoke device. 2024HB-05177-R000045-BA.DOCX
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These devices have basic descriptions as well as general and specific
characteristic requirements. The table below provides the basic
descriptions for each of the devices legalized under the bill.
Table: Nonexplosive and Nonaerial Consumer Fireworks
Group Device Brief Description
Ground Devices,
Individual
(APA Standard 87-1A
§ 3.2.2 (2018))
Flitter Sparkler A paper or cardboard tube
attached to a stick or wire that
produces a shower of sparks,
colored flame, or crackling
effect
Ground Spinner A device that contains chemical
composition that emits a
shower of colored sparks that
vent out of an orifice causing
the device to spin rapidly on the
ground
Novelties
(APA Standard 87-1A
§ 3.2.1 (2018))
Booby Trap/Pull Apart A device that is activated by
friction that when pulled apart,
activates the device producing
a noise effect
Novelty Flitter Sparkler
A paper or cardboard tube
attached to a stick or wire that
produces a shower of sparks, a
colored flame, or a crackling
effect
Party Popper
A device that is activated by
friction where pulling the string
or trigger activates the device
producing a noise effect and
releasing paper streamers or
confetti
Novelty Snake
A device in the form of a
pressed pellet of chemical
composition that upon burning
produces a snake-like ash that
expands in length as the pellet
burns
Snapper
A paper or plastic wrapped
device that contains silver
fulminate coated on small bits
of sand or gravel and is
activated when dropped,
producing a noise effect
Novelty Wire Sparkler or
Novelty Dipped Stick
A device that consists of a
metal wire or wood dowel
coated with a chemical 2024HB-05177-R000045-BA.DOCX
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Group Device Brief Description
composition that produces a
shower of sparks, a colored
flame, or a crackling effect
Novelty Smoke Device
A device that produces only
smoke
Applicable general requirements include that these devices must not
leak pyrotechnic composition during transportation and handling, and
one example of a specific characteristic requirement is that the
maximum composition weight allowed for flitter sparklers is five grams
in a finished device (see APA Standard 87-1A §§ 2.4 and 3.2.2.7 (2018)).
BACKGROUND
Related Bill
SB 140, favorably reported by the Public Safety and Security
Committee, expands legal fireworks to include any consumer fireworks
allowed under federal law and establishes 21 as the minimum age for
purchasing, possessing, or using them.
COMMITTEE ACTION
Public Safety and Security Committee
Joint Favorable Substitute
Yea 22 Nay 2 (02/29/2024)