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General Assembly Substitute Bill No. 140
February Session, 2024
AN ACT CONCERNING THE SALE AND USE OF 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 Section 29-356 of the general statutes is repealed and the 1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, and section 3 of this 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 and consumer fireworks, toy pistols, toy 15
canes, 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 Substitute Bill No. 140
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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) "Consumer fireworks" has the same meaning as provided in 27 30
CFR 555.11, as amended from time to time, except "consumer fireworks" 31
does not include sparklers or fountains. 32
Sec. 2. Section 29-357 of the general statutes is repealed and the 33
following is substituted in lieu thereof (Effective October 1, 2024): 34
(a) Except as provided in subsection (b) of this section, no person, 35
firm or corporation shall offer for sale, expose for sale, sell at retail or 36
use or explode or possess with intent to sell, use or explode any 37
fireworks. A person who is sixteen years of age or older may offer for 38
sale, expose for sale, sell at retail, purchase, use or possess with intent to 39
sell or use sparklers or fountains of not more than one hundred grams 40
of pyrotechnic mixture per item, which are nonexplosive and nonaerial, 41
provided (1) such sparklers and fountains do not contain magnesium, 42
except for magnalium or magnesium -aluminum alloy, (2) such 43
sparklers and fountains containing any chlorate or perchlorate salts do 44
not exceed five grams of composition per item, and (3) when more than 45
one fountain is mounted on a common base, the total pyrotechnic 46
composition does not exceed two hundred grams. A person who is 47
twenty-one years of age or older may purchase, possess or use consumer 48
fireworks and, if licensed pursuant to section 3 of this act, may offer for 49
sale, expose for sale, sell at retail or possess with intent to sell consumer 50 Substitute Bill No. 140
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fireworks. 51
(b) The Commissioner of Emergency Services and Public Protection 52
shall adopt [reasonable] regulations, in accordance with the provisions 53
of chapter 54, for the granting of permits for supervised displays of 54
fireworks or for the indoor use of pyrotechnics, sparklers and fountains 55
for special effects by municipalities, fair associations, amusement parks, 56
other organizations or groups of individuals or artisans in pursuit of 57
their trade. Such permit may be issued upon application to said 58
commissioner and after (1) inspection of the site of such display or use 59
by the local fire marshal to determine compliance with the requirements 60
of such regulations, and (2) approval of the chiefs of the police and fire 61
departments, or, if there is no police or fire department, of the first 62
selectman, of the municipality wherein the display is to be held as is 63
provided in this section. No such display shall be handled or fired by 64
any person until such person has been granted a certificate of 65
competency by the Commissioner of Emergency Services and Public 66
Protection, in respect to which a fee of two hundred dollars shall be 67
payable to the State Treasurer when issued and which may be renewed 68
every three years upon payment of a fee of one hundred ninety dollars 69
payable to the State Treasurer, provided such certificate may be 70
suspended or revoked by said commissioner at any time for cause. Such 71
certificate of competency shall attest to the fact that such operator is 72
competent to fire a display. Such display shall be of such a character and 73
so located, discharged or fired as in the opinion of the chiefs of the police 74
and fire departments or such selectman, after proper inspection, will not 75
be hazardous to property or endanger any person or persons. In an 76
aerial bomb, no salute, report or maroon may be used that is composed 77
of a formula of chlorate of potash, sulphur, black needle antimony and 78
dark aluminum. Formulas that may be used in a salute, report or 79
maroon are as follows: (A) Perchlorate of potash, black needle antimony 80
and dark aluminum, and (B) perchlorate of potash, dark aluminum and 81
sulphur. No high explosive such as dynamite, fulminate of mercury or 82
other stimulator for detonating shall be used in any aerial bomb or other 83
pyrotechnics. Application for permits shall be made in writing at least 84 Substitute Bill No. 140
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fifteen days prior to the date of display, on such notice as the 85
Commissioner of Emergency Services and Public Protection by 86
regulation prescribes, on forms furnished by the commissioner, and a 87
fee of one hundred dollars shall be payable to the State Treasurer with 88
each such application. After such permit has been granted, sales, 89
possession, use and distribution of fireworks for such display shall be 90
lawful for that purpose only. No permit granted [hereunder] pursuant 91
to this section shall be transferable. Any permit issued under the 92
provisions of this section may be suspended or revoked by the 93
Commissioner of Emergency Services and Public Protection or the local 94
fire marshal for violation by the permittee of any provision of the 95
general statutes, any regulation or any ordinance relating to fireworks. 96
(c) The Commissioner of Emergency Services and Public Protection 97
may grant variations or exemptions from, or approve equivalent or 98
alternate compliance with, particular provisions of any regulation 99
issued under the provisions of subsection (b) of this section where strict 100
compliance with such provisions would entail practical difficulty or 101
unnecessary hardship or is otherwise adjudged unwarranted, provided 102
any such variation, exemption, approved equivalent or alternate 103
compliance shall, in the opinion of the commissioner, secure the public 104
safety and shall be made in writing. 105
(d) Any person, firm or corporation violating the provisions of this 106
section shall be guilty of a class C misdemeanor, except that (1) any 107
person, firm or corporation violating the provisions of subsection (a) of 108
this section by offering for sale, exposing for sale or selling at retail or 109
possessing with intent to sell any fireworks with a value exceeding ten 110
thousand dollars shall be guilty of a class A misdemeanor, and (2) any 111
person, firm or corporation violating any provision of subsection (b) of 112
this section or any regulation adopted [thereunder] pursuant to said 113
subsection shall be guilty of a class A misdemeanor, except if death or 114
injury results from any such violation, such person, firm or corporation 115
shall be guilty of a class C felony. 116
Sec. 3. (NEW) (Effective October 1, 2024) (a) No person shall sell 117 Substitute Bill No. 140
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consumer fireworks unless such person holds: (1) A valid federal license 118
issued pursuant to 18 USC 843, as amended from time to time, and (2) a 119
valid state license to sell consumer fireworks issued pursuant to 120
subsection (b) of this section. 121
(b) The Commissioner of Emergency Services and Public Protection 122
may issue a state license to sell consumer fireworks to any person who: 123
(1) Has a valid federal license issued pursuant to 18 USC 843, as 124
amended from time to time; 125
(2) Establishes that such person's business will be located in a 126
permanent structure that satisfies the requirements of all applicable 127
provisions of the State Building Code, Fire Safety Code, State Fire 128
Prevention Code, zoning code and municipal ordinances; and 129
(3) Within the two years preceding the date of submitting such 130
application for such license, has no convictions of an offense involving 131
fireworks or explosives and has not been found to have violated any 132
provision of sections 29-343 to 29-366, inclusive, of the general statutes 133
or regulations adopted pursuant to said sections. 134
(c) The commissioner shall prescribe the form and manner of 135
applications for such licenses. Prior to issuance of a license, the 136
commissioner may conduct a background investigation of an applicant, 137
pursuant to section 29-17a of the general statutes, and may inspect the 138
site at which the consumer fireworks are to be sold or stored. A license 139
shall be valid for one year and may be renewed annually. The fee for 140
issuance or renewal of a license shall be one thousand five hundred 141
dollars. 142
(d) The commissioner shall adopt regulations, in accordance with the 143
provisions of chapter 54 of the general statutes, to implement the 144
provisions of this section. Such regulations shall include, but need not 145
be limited to: 146
(1) Requirements for license applications, which shall include (A) 147 Substitute Bill No. 140
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sufficient information to permit the commissioner to identify and 148
evaluate the qualification of any person with a right to control the 149
operations and policies of the applicant and any person with an interest 150
in the applicant, and (B) information on the applicant's other business 151
interests; 152
(2) Requirements for the applicant to consult with the municipality in 153
which consumer fireworks will be sold; and 154
(3) Notices a licensee shall provide to consumers about fireworks 155
laws and safe use of consumer fireworks. 156
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
Sec. 3 October 1, 2024 New section
Statement of Legislative Commissioners:
In Sec. 3(a)(1) and (b)(1), "federal fireworks license" was changed to
"federal license".
PS Joint Favorable Subst. -LCO