Connecticut 2024 Regular Session

Connecticut House Bill HB05177 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO No. 1126 1 of 5
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7		-	General Assembly ~~Substitute~~ Bill No. 5177
	5	+	General Assembly Raised Bill No. 5177
8	6		February Session, 2024
	7	+	LCO No. 1126
9	8
	9	+
	10	+	Referred to Committee on PUBLIC SAFETY AND SECURITY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PS)
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14	19		AN ACT CONCERNING THE SALE AND USE OF CERTAIN
15	20		NONAERIAL AND NONEXPLOSIVE CONSUMER FIREWORKS.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. Section 29-356 of the general statutes is repealed and the 1
20	25		following is substituted in lieu thereof (Effective October 1, 2024): 2
21		-	As used in ~~this section and~~ sections [29-356~~] 29-357~~ to 29-365, 3
22		-	~~inclusive~~: 4
	26	+	As used in sections 29-356 to 29-365, inclusive, as amended by this 3
	27	+	act: 4
23	28		(1) "Fireworks" means and includes any combustible or explosive 5
24	29		composition, or any substance or combination of substances or article 6
25	30		prepared for the purpose of producing a visible or an audible effect by 7
26	31		combustion, explosion, deflagration or detonation, and includes blank 8
27	32		cartridges, toy pistols, toy cannons, toy canes or toy guns in which 9
28	33		explosives are used, the type of balloons which require fire underneath 10
29	34		to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, 11
30	35		Daygo bombs, and any fireworks containing any explosive or 12
31	36		flammable compound, or any tablets or other device containing any 13
32	37		explosive substance, except that the term "fireworks" shall not include 14
33		-	sparklers, [and] fountains, nonexplosive and nonaerial consumer 15
	38	+	sparklers, [and] fountains, nonaerial and nonexplosive consumer 15 Raised Bill No. 5177
	39	+
	40	+
	41	+
	42	+	LCO No. 1126 2 of 5
	43	+
34	44		fireworks and toy pistols, toy canes, toy guns or other devices in which 16
35	45		paper caps manufactured in accordance with the regulations of the 17
36		-	United States Interstate Commerce Commission or its successor agency 18 Substitute Bill No. 5177
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	46	+	United States Interstate Commerce Commission or its successor agency 18
43	47		for packing and shipping of toy paper caps are used and toy pistol paper 19
44	48		caps manufactured as provided [therein] in such regulations. 20
45	49		(2) "Sparklers" means a wire or stick coated with pyrotechnic 21
46	50		composition that produces a shower of sparks upon ignition. 22
47	51		(3) "Fountain" means any cardboard or heavy paper cone or 23
48	52		cylindrical tube containing pyrotechnic mixture that upon ignition 24
49	53		produces a shower of colored sparks or smoke. "Fountain" includes, but 25
50	54		is not limited to, (A) a spike fountain, which provides a spike for 26
51	55		insertion into the ground, (B) a base fountain which has a wooden or 27
52	56		plastic base for placing on the ground, or (C) a handle fountain which is 28
53	57		a handheld device with a wooden or cardboard handle. 29
54		-	(4) "~~Nonexplosive~~ and ~~nonaerial~~ consumer fireworks" means flitter 30
55		-	sparklers, ground spinners and ~~novelties~~, including~~, but not limited to~~, 31
56		-	~~party poppers, novelty~~ smoke devices, snappers and ~~novelty snakes~~, as 32
57		-	~~such~~ terms are ~~described~~ in American Pyrotechnics Association 33
58		-	~~Standard 87-1A~~, as amended from time to time. 34
	58	+	(4) "Nonaerial and nonexplosive consumer fireworks" means flitter 30
	59	+	sparklers, ground spinners and novelty items, including party poppers, 31
	60	+	toy smoke devices, throw snappers, snakes and glow worms, as such 32
	61	+	terms are defined in American Pyrotechnics Association Standard 87-1, 33
	62	+	2001, as amended from time to time. 34
59	63		Sec. 2. Section 29-357 of the general statutes is repealed and the 35
60	64		following is substituted in lieu thereof (Effective October 1, 2024): 36
61		-	(a~~) (1~~) Except as provided in subsection (b) of this section, no person, 37
	65	+	(a) Except as provided in subsection (b) of this section, no person, 37
62	66		firm or corporation shall offer for sale, expose for sale, sell at retail or 38
63	67		use or explode or possess with intent to sell, use or explode any 39
64	68		fireworks. A person who is [sixteen] eighteen years of age or older may 40
65	69		offer for sale, expose for sale, sell at retail, purchase, use or possess with 41
66		-	intent to sell or use sparklers, [or] fountains or nonexplosive and 42
67		-	nonaerial consumer fireworks, of not more than one hundred grams of 43
68		-	pyrotechnic mixture per item, which are nonexplosive and nonaerial, 44
69		-	provided [(1)] (A) such nonexplosive and nonaerial consumer fireworks 45
70		-	may not be offered for sale, exposed for sale, sold at retail, purchased, 46
71		-	used or possessed with intent to sell or used in violation of an ordinance 47
72		-	adopted pursuant to subdivision (2) of this subsection, (B) such 48
73		-	sparklers and fountains do not contain magnesium, except for 49 Substitute Bill No. 5177
	70	+	intent to sell or use sparklers, [or] fountains, or nonaerial and 42
	71	+	nonexplosive consumer fireworks, of not more than one hundred grams 43
	72	+	of pyrotechnic mixture per item, which are nonexplosive and nonaerial, 44
	73	+	provided (1) such sparklers and fountains do not contain magnesium, 45
	74	+	except for magnalium or magnesium -aluminum alloy, (2) such 46
	75	+	sparklers [and fountains] containing any chlorate or perchlorate salts do 47 Raised Bill No. 5177
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80		-	magnalium or magnesium-aluminum alloy, [(2)] (C) such sparklers [and 50
81		-	fountains] containing any chlorate or perchlorate salts do not exceed 51
82		-	five grams of composition per item, and [(3)] (D) when more than one 52
83		-	fountain is mounted on a common base, the total pyrotechnic 53
84		-	composition does not exceed [two] five hundred grams. 54
85		-	(2) Any municipality, as defined in section 7-148, may, by vote of its 55
86		-	legislative body, adopt an ordinance to prohibit offering for sale, 56
87		-	exposing for sale, selling at retail, purchasing, using or possessing with 57
88		-	intent to sell or using nonexplosive and nonaerial consumer fireworks 58
89		-	at places of public assembly, which may include, but need not be limited 59
90		-	to, public events such as fairs, carnivals, craft shows and music events 60
91		-	and municipal, educational or commercial property. 61
92		-	(b) The Commissioner of Emergency Services and Public Protection 62
93		-	shall adopt [reasonable] regulations, in accordance with the provisions 63
94		-	of chapter 54, for the granting of permits for supervised displays of 64
95		-	fireworks or for the indoor use of pyrotechnics, sparklers and fountains 65
96		-	for special effects by municipalities, fair associations, amusement parks, 66
97		-	other organizations or groups of individuals or artisans in pursuit of 67
98		-	their trade. Such permit may be issued upon application to said 68
99		-	commissioner and after (1) inspection of the site of such display or use 69
100		-	by the local fire marshal to determine compliance with the requirements 70
101		-	of such regulations, and (2) approval of the chiefs of the police and fire 71
102		-	departments, or, if there is no police or fire department, of the first 72
103		-	selectman, of the municipality wherein the display is to be held as is 73
104		-	provided in this section. No such display shall be handled or fired by 74
105		-	any person until such person has been granted a certificate of 75
106		-	competency by the Commissioner of Emergency Services and Public 76
107		-	Protection, in respect to which a fee of two hundred dollars shall be 77
108		-	payable to the State Treasurer when issued and which may be renewed 78
109		-	every three years upon payment of a fee of one hundred ninety dollars 79
110		-	payable to the State Treasurer, provided such certificate may be 80
111		-	suspended or revoked by said commissioner at any time for cause. Such 81
112		-	certificate of competency shall attest to the fact that such operator is 82 Substitute Bill No. 5177
	79	+	LCO No. 1126 3 of 5
	80	+
	81	+	not exceed five grams of composition per item, and (3) when more than 48
	82	+	one fountain is mounted on a common base, the total pyrotechnic 49
	83	+	composition does not exceed [two] five hundred grams. 50
	84	+	(b) The Commissioner of Emergency Services and Public Protection 51
	85	+	shall adopt [reasonable] regulations, in accordance with the provisions 52
	86	+	of chapter 54, for the granting of permits for supervised displays of 53
	87	+	fireworks or for the indoor use of pyrotechnics, sparklers and fountains 54
	88	+	for special effects by municipalities, fair associations, amusement parks, 55
	89	+	other organizations or groups of individuals or artisans in pursuit of 56
	90	+	their trade. Such permit may be issued upon application to said 57
	91	+	commissioner and after (1) inspection of the site of such display or use 58
	92	+	by the local fire marshal to determine compliance with the requirements 59
	93	+	of such regulations, and (2) approval of the chiefs of the police and fire 60
	94	+	departments, or, if there is no police or fire department, of the first 61
	95	+	selectman, of the municipality wherein the display is to be held as is 62
	96	+	provided in this section. No such display shall be handled or fired by 63
	97	+	any person until such person has been granted a certificate of 64
	98	+	competency by the Commissioner of Emergency Services and Public 65
	99	+	Protection, in respect to which a fee of two hundred dollars shall be 66
	100	+	payable to the State Treasurer when issued and which may be renewed 67
	101	+	every three years upon payment of a fee of one hundred ninety dollars 68
	102	+	payable to the State Treasurer, provided such certificate may be 69
	103	+	suspended or revoked by said commissioner at any time for cause. Such 70
	104	+	certificate of competency shall attest to the fact that such operator is 71
	105	+	competent to fire a display. Such display shall be of such a character and 72
	106	+	so located, discharged or fired as in the opinion of the chiefs of the police 73
	107	+	and fire departments or such selectman, after proper inspection, will not 74
	108	+	be hazardous to property or endanger any person or persons. In an 75
	109	+	aerial bomb, no salute, report or maroon may be used that is composed 76
	110	+	of a formula of chlorate of potash, sulphur, black needle antimony and 77
	111	+	dark aluminum. Formulas that may be used in a salute, report or 78
	112	+	maroon are as follows: (A) Perchlorate of potash, black needle antimony 79
	113	+	and dark aluminum, and (B) perchlorate of potash, dark aluminum and 80
	114	+	sulphur. No high explosive such as dynamite, fulminate of mercury or 81 Raised Bill No. 5177
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119		-	competent to fire a display. Such display shall be of such a character and 83
120		-	so located, discharged or fired as in the opinion of the chiefs of the police 84
121		-	and fire departments or such selectman, after proper inspection, will not 85
122		-	be hazardous to property or endanger any person or persons. In an 86
123		-	aerial bomb, no salute, report or maroon may be used that is composed 87
124		-	of a formula of chlorate of potash, sulphur, black needle antimony and 88
125		-	dark aluminum. Formulas that may be used in a salute, report or 89
126		-	maroon are as follows: (A) Perchlorate of potash, black needle antimony 90
127		-	and dark aluminum, and (B) perchlorate of potash, dark aluminum and 91
128		-	sulphur. No high explosive such as dynamite, fulminate of mercury or 92
129		-	other stimulator for detonating shall be used in any aerial bomb or other 93
130		-	pyrotechnics. Application for permits shall be made in writing at least 94
131		-	fifteen days prior to the date of display, on such notice as the 95
132		-	Commissioner of Emergency Services and Public Protection by 96
133		-	regulation prescribes, on forms furnished by the commissioner, and a 97
134		-	fee of one hundred dollars shall be payable to the State Treasurer with 98
135		-	each such application. After such permit has been granted, sales, 99
136		-	possession, use and distribution of fireworks for such display shall be 100
137		-	lawful for that purpose only. No permit granted [hereunder] pursuant 101
138		-	to this section shall be transferable. Any permit issued under the 102
139		-	provisions of this section may be suspended or revoked by the 103
140		-	Commissioner of Emergency Services and Public Protection or the local 104
141		-	fire marshal for violation by the permittee of any provision of the 105
142		-	general statutes, any regulation or any ordinance relating to fireworks. 106
143		-	(c) The Commissioner of Emergency Services and Public Protection 107
144		-	may grant variations or exemptions from, or approve equivalent or 108
145		-	alternate compliance with, particular provisions of any regulation 109
146		-	issued under the provisions of subsection (b) of this section where strict 110
147		-	compliance with such provisions would entail practical difficulty or 111
148		-	unnecessary hardship or is otherwise adjudged unwarranted, provided 112
149		-	any such variation, exemption, approved equivalent or alternate 113
150		-	compliance shall, in the opinion of the commissioner, secure the public 114
151		-	safety and shall be made in writing. 115 Substitute Bill No. 5177
	118	+	LCO No. 1126 4 of 5
	119	+
	120	+	other stimulator for detonating shall be used in any aerial bomb or other 82
	121	+	pyrotechnics. Application for permits shall be made in writing at least 83
	122	+	fifteen days prior to the date of display, on such notice as the 84
	123	+	Commissioner of Emergency Services and Public Protection by 85
	124	+	regulation prescribes, on forms furnished by the commissioner, and a 86
	125	+	fee of one hundred dollars shall be payable to the State Treasurer with 87
	126	+	each such application. After such permit has been granted, sales, 88
	127	+	possession, use and distribution of fireworks for such display shall be 89
	128	+	lawful for that purpose only. No permit granted [hereunder] pursuant 90
	129	+	to this section shall be transferable. Any permit issued under the 91
	130	+	provisions of this section may be suspended or revoked by the 92
	131	+	Commissioner of Emergency Services and Public Protection or the local 93
	132	+	fire marshal for violation by the permittee of any provision of the 94
	133	+	general statutes, any regulation or any ordinance relating to fireworks. 95
	134	+	(c) The Commissioner of Emergency Services and Public Protection 96
	135	+	may grant variations or exemptions from, or approve equivalent or 97
	136	+	alternate compliance with, particular provisions of any regulation 98
	137	+	issued under the provisions of subsection (b) of this section where strict 99
	138	+	compliance with such provisions would entail practical difficulty or 100
	139	+	unnecessary hardship or is otherwise adjudged unwarranted, provided 101
	140	+	any such variation, exemption, approved equivalent or alternate 102
	141	+	compliance shall, in the opinion of the commissioner, secure the public 103
	142	+	safety and shall be made in writing. 104
	143	+	(d) Any person, firm or corporation violating the provisions of this 105
	144	+	section shall be guilty of a class C misdemeanor, except that (1) any 106
	145	+	person, firm or corporation violating the provisions of subsection (a) of 107
	146	+	this section by offering for sale, exposing for sale or selling at retail or 108
	147	+	possessing with intent to sell any fireworks with a value exceeding ten 109
	148	+	thousand dollars shall be guilty of a class A misdemeanor, and (2) any 110
	149	+	person, firm or corporation violating any provision of subsection (b) of 111
	150	+	this section or any regulation adopted [thereunder] pursuant to said 112
	151	+	subsection shall be guilty of a class A misdemeanor, except if death or 113
	152	+	injury results from any such violation, such person, firm or corporation 114
	153	+	shall be guilty of a class C felony. 115 Raised Bill No. 5177
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158		-	(d) Any person, firm or corporation violating the provisions of this 116
159		-	section shall be guilty of a class C misdemeanor, except that (1) any 117
160		-	person, firm or corporation violating the provisions of subsection (a) of 118
161		-	this section by offering for sale, exposing for sale or selling at retail or 119
162		-	possessing with intent to sell any fireworks with a value exceeding ten 120
163		-	thousand dollars shall be guilty of a class A misdemeanor, and (2) any 121
164		-	person, firm or corporation violating any provision of subsection (b) of 122
165		-	this section or any regulation adopted [thereunder] pursuant to said 123
166		-	subsection shall be guilty of a class A misdemeanor, except if death or 124
167		-	injury results from any such violation, such person, firm or corporation 125
168		-	shall be guilty of a class C felony.126
	157	+	LCO No. 1126 5 of 5
	158	+
169	159		This act shall take effect as follows and shall amend the following
170	160		sections:
171	161
172	162		Section 1 October 1, 2024 29-356
173	163		Sec. 2 October 1, 2024 29-357
174	164
175		-	Statement of Legislative Commissioners:
176		-	In Section 1, Subdiv. (4) was rewritten to refer to, and use the
177		-	terminology of, American Pyrotechnics Association Standard 87-1A.
178		-
179		-	PS Joint Favorable Subst.
	165	+	Statement of Purpose:
	166	+	To authorize the sale and use by consumers of certain nonaerial and
	167	+	nonexplosive consumer fireworks.
	168	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	169	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	170	+	underlined.]
180	171