Connecticut 2025 Regular Session

Connecticut House Bill HB07054 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 5
	3	+	LCO No. 5060 1 of 5
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 7054
	5	+	General Assembly Raised Bill No. 7054
6	6		January Session, 2025
	7	+	LCO No. 5060
7	8
	9	+
	10	+	Referred to Committee on PUBLIC SAFETY AND SECURITY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PS)
8	15
9	16
10	17
11	18
12	19		AN ACT CONCERNING THE SALE AND USE OF NONAERIAL AND
13		-	NONEXPLOSIVE CONSUMER FIREWORKS.
	20	+	NONEXPLOSIVE CONSUMER FIREWORKS AND SKY LANTERNS.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Section 29-356 of the general statutes is repealed and the 1
18	25		following is substituted in lieu thereof (Effective October 1, 2025): 2
19	26		As used in this section and sections [29-356] 29-357 to 29-365, 3
20	27		inclusive, as amended by this act: 4
21	28		(1) "Fireworks" means and includes any combustible or explosive 5
22	29		composition, or any substance or combination of substances or article 6
23	30		prepared for the purpose of producing a visible or an audible effect by 7
24	31		combustion, explosion, deflagration or detonation, and includes blank 8
25	32		cartridges, toy pistols, toy cannons, toy canes or toy guns in which 9
26		-	explosives are used, the type of balloons which require fire underneath 10
27		-	to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, 11
	33	+	explosives are used, [the type of balloons which require fire underneath 10
	34	+	to propel the same,] firecrackers, torpedoes, skyrockets, Roman candles, 11
28	35		Daygo bombs, and any fireworks containing any explosive or 12
29	36		flammable compound, or any tablets or other device containing any 13
30	37		explosive substance, except that the term "fireworks" shall not include 14
31	38		sparklers, [and] fountains, nonexplosive and nonaerial consumer 15
32		-	fireworks and toy pistols, toy canes, toy guns or other devices in which 16
33		-	paper caps manufactured in accordance with the regulations of the 17
34		-	United States Interstate Commerce Commission or its successor agency 18 Substitute Bill No. 7054
	39	+	Raised Bill No. 7054
35	40
36	41
37		-	LCO 2 of 5
38	42
39		-	for packing and shipping of toy paper caps are used and toy pistol paper 19
40		-	caps manufactured as provided [therein] in such regulations. 20
41		-	(2) "Sparklers" means a wire or stick coated with pyrotechnic 21
42		-	composition that produces a shower of sparks upon ignition. 22
43		-	(3) "Fountain" means any cardboard or heavy paper cone or 23
44		-	cylindrical tube containing pyrotechnic mixture that upon ignition 24
45		-	produces a shower of colored sparks or smoke. "Fountain" includes, but 25
46		-	is not limited to, (A) a spike fountain, which provides a spike for 26
47		-	insertion into the ground, (B) a base fountain which has a wooden or 27
48		-	plastic base for placing on the ground, or (C) a handle fountain which is 28
49		-	a handheld device with a wooden or cardboard handle. 29
50		-	(4) "Nonexplosive and nonaerial consumer fireworks" means flitter 30
51		-	sparklers, ground spinners and novelties, including, but not limited to, 31
52		-	party poppers, novelty smoke devices, snappers and novelty snakes, as 32
53		-	such terms are described in American Pyrotechnics Association 33
54		-	Standard 87-1A, as amended from time to time. 34
55		-	Sec. 2. Section 29-357 of the general statutes is repealed and the 35
56		-	following is substituted in lieu thereof (Effective October 1, 2025): 36
57		-	(a) (1) Except as provided in subsection (b) of this section, no person, 37
58		-	firm or corporation shall offer for sale, expose for sale, sell at retail or 38
59		-	use or explode or possess with intent to sell, use or explode any 39
60		-	fireworks. A person who is [sixteen] eighteen years of age or older may 40
61		-	offer for sale, expose for sale, sell at retail, purchase, use or possess with 41
62		-	intent to sell or use sparklers, [or] fountains or nonexplosive and 42
63		-	nonaerial consumer fireworks, of not more than one hundred grams of 43
64		-	pyrotechnic mixture per item, which are nonexplosive and nonaerial, 44
65		-	provided [(1)] (A) such nonexplosive and nonaerial consumer fireworks 45
66		-	may not be offered for sale, exposed for sale, sold at retail, purchased, 46
67		-	used or possessed with intent to sell or used in violation of an ordinance 47
68		-	adopted pursuant to subdivision (2) of this subsection, (B) such 48
69		-	sparklers and fountains do not contain magnesium, except for 49
70		-	magnalium or magnesium-aluminum alloy, [(2)] (C) such sparklers [and 50 Substitute Bill No. 7054
	43	+	LCO No. 5060 2 of 5
	44	+
	45	+	fireworks, sky lanterns and toy pistols, toy canes, toy guns or other 16
	46	+	devices in which paper caps manufactured in accordance with the 17
	47	+	regulations of the United States Interstate Commerce Commission or its 18
	48	+	successor agency for packing and shipping of toy paper caps are used 19
	49	+	and toy pistol paper caps manufactured as provided [therein] in such 20
	50	+	regulations. 21
	51	+	(2) "Sparklers" means a wire or stick coated with pyrotechnic 22
	52	+	composition that produces a shower of sparks upon ignition. 23
	53	+	(3) "Fountain" means any cardboard or heavy paper cone or 24
	54	+	cylindrical tube containing pyrotechnic mixture that upon ignition 25
	55	+	produces a shower of colored sparks or smoke. "Fountain" includes, but 26
	56	+	is not limited to, (A) a spike fountain, which provides a spike for 27
	57	+	insertion into the ground, (B) a base fountain which has a wooden or 28
	58	+	plastic base for placing on the ground, or (C) a handle fountain which is 29
	59	+	a handheld device with a wooden or cardboard handle. 30
	60	+	(4) "Nonexplosive and nonaerial consumer fireworks" means flitter 31
	61	+	sparklers, ground spinners and novelties, including, but not limited to, 32
	62	+	party poppers, novelty smoke devices, snappers and novelty snakes, as 33
	63	+	such terms are described in American Pyrotechnics Association 34
	64	+	Standard 87-1A, as amended from time to time. 35
	65	+	(5) "Sky lantern" means a balloon that requires fire underneath to 36
	66	+	propel such balloon. 37
	67	+	Sec. 2. Section 29-357 of the general statutes is repealed and the 38
	68	+	following is substituted in lieu thereof (Effective October 1, 2025): 39
	69	+	(a) (1) Except as provided in subsection (b) of this section, no person, 40
	70	+	firm or corporation shall offer for sale, expose for sale, sell at retail or 41
	71	+	use or explode or possess with intent to sell, use or explode any 42
	72	+	fireworks. A person who is [sixteen] eighteen years of age or older may 43
	73	+	offer for sale, expose for sale, sell at retail, purchase, use or possess with 44
	74	+	intent to sell or use sparklers, [or] fountains, nonexplosive and nonaerial 45
	75	+	Raised Bill No. 7054
71	76
72	77
73		-	LCO 3 of 5
74	78
75		-	fountains] containing any chlorate or perchlorate salts do not exceed 51
76		-	five grams of composition per item, and [(3)] (D) when more than one 52
77		-	fountain is mounted on a common base, the total pyrotechnic 53
78		-	composition does not exceed [two] five hundred grams. 54
79		-	(2) Any municipality, as defined in section 7-148, may, by vote of its 55
80		-	legislative body, adopt an ordinance to prohibit offering for sale, 56
81		-	exposing for sale, selling at retail, purchasing, using or possessing with 57
82		-	intent to sell or using nonexplosive and nonaerial consumer fireworks 58
83		-	at places of public assembly, which may include, but need not be limited 59
84		-	to, public events such as fairs, carnivals, craft shows and music events 60
85		-	and municipal or educational property. 61
86		-	(b) The Commissioner of Emergency Services and Public Protection 62
87		-	shall adopt [reasonable] regulations, in accordance with the provisions 63
88		-	of chapter 54, for the granting of permits for supervised displays of 64
89		-	fireworks or for the indoor use of pyrotechnics, sparklers and fountains 65
90		-	for special effects by municipalities, fair associations, amusement parks, 66
91		-	other organizations or groups of individuals or artisans in pursuit of 67
92		-	their trade. Such permit may be issued upon application to said 68
93		-	commissioner and after (1) inspection of the site of such display or use 69
94		-	by the local fire marshal to determine compliance with the requirements 70
95		-	of such regulations, and (2) approval of the chiefs of the police and fire 71
96		-	departments, or, if there is no police or fire department, of the first 72
97		-	selectman, of the municipality wherein the display is to be held as is 73
98		-	provided in this section. No such display shall be handled or fired by 74
99		-	any person until such person has been granted a certificate of 75
100		-	competency by the Commissioner of Emergency Services and Public 76
101		-	Protection, in respect to which a fee of two hundred dollars shall be 77
102		-	payable to the State Treasurer when issued and which may be renewed 78
103		-	every three years upon payment of a fee of one hundred ninety dollars 79
104		-	payable to the State Treasurer, provided such certificate may be 80
105		-	suspended or revoked by said commissioner at any time for cause. Such 81
106		-	certificate of competency shall attest to the fact that such operator is 82
107		-	competent to fire a display. Such display shall be of such a character and 83
108		-	so located, discharged or fired as in the opinion of the chiefs of the police 84 Substitute Bill No. 7054
	79	+	LCO No. 5060 3 of 5
	80	+
	81	+	consumer fireworks or sky lanterns, of not more than one hundred 46
	82	+	grams of pyrotechnic mixture per item, which are nonexplosive and 47
	83	+	nonaerial, provided [(1)] (A) such nonexplosive and nonaerial consumer 48
	84	+	fireworks and sky lanterns may not be offered for sale, exposed for sale, 49
	85	+	sold at retail, purchased, used or possessed with intent to sell or used in 50
	86	+	violation of an ordinance adopted pursuant to subdivision (2) of this 51
	87	+	subsection, (B) such sparklers and fountains do not contain magnesium, 52
	88	+	except for magnalium or magnesium-aluminum alloy, [(2)] (C) such 53
	89	+	sparklers [and fountains] containing any chlorate or perchlorate salts do 54
	90	+	not exceed five grams of composition per item, and [(3)] (D) when more 55
	91	+	than one fountain is mounted on a common base, the total pyrotechnic 56
	92	+	composition does not exceed [two] five hundred grams. 57
	93	+	(2) Any municipality, as defined in section 7-148, may, by vote of its 58
	94	+	legislative body, adopt an ordinance to prohibit offering for sale, 59
	95	+	exposing for sale, selling at retail, purchasing, using or possessing with 60
	96	+	intent to sell or using nonexplosive and nonaerial consumer fireworks 61
	97	+	or sky lanterns at places of public assembly, which may include, but 62
	98	+	need not be limited to, public events such as fairs, carnivals, craft shows 63
	99	+	and music events and municipal, educational or commercial property. 64
	100	+	(b) The Commissioner of Emergency Services and Public Protection 65
	101	+	shall adopt [reasonable] regulations, in accordance with the provisions 66
	102	+	of chapter 54, for the granting of permits for supervised displays of 67
	103	+	fireworks or for the indoor use of pyrotechnics, sparklers and fountains 68
	104	+	for special effects by municipalities, fair associations, amusement parks, 69
	105	+	other organizations or groups of individuals or artisans in pursuit of 70
	106	+	their trade. Such permit may be issued upon application to said 71
	107	+	commissioner and after (1) inspection of the site of such display or use 72
	108	+	by the local fire marshal to determine compliance with the requirements 73
	109	+	of such regulations, and (2) approval of the chiefs of the police and fire 74
	110	+	departments, or, if there is no police or fire department, of the first 75
	111	+	selectman, of the municipality wherein the display is to be held as is 76
	112	+	provided in this section. No such display shall be handled or fired by 77
	113	+	any person until such person has been granted a certificate of 78
	114	+	Raised Bill No. 7054
109	115
110	116
111		-	LCO 4 of 5
112	117
113		-	and fire departments or such selectman, after proper inspection, will not 85
114		-	be hazardous to property or endanger any person or persons. In an 86
115		-	aerial bomb, no salute, report or maroon may be used that is composed 87
116		-	of a formula of chlorate of potash, sulphur, black needle antimony and 88
117		-	dark aluminum. Formulas that may be used in a salute, report or 89
118		-	maroon are as follows: (A) Perchlorate of potash, black needle antimony 90
119		-	and dark aluminum, and (B) perchlorate of potash, dark aluminum and 91
120		-	sulphur. No high explosive such as dynamite, fulminate of mercury or 92
121		-	other stimulator for detonating shall be used in any aerial bomb or other 93
122		-	pyrotechnics. Application for permits shall be made in writing at least 94
123		-	fifteen days prior to the date of display, on such notice as the 95
124		-	Commissioner of Emergency Services and Public Protection by 96
125		-	regulation prescribes, on forms furnished by the commissioner, and a 97
126		-	fee of one hundred dollars shall be payable to the State Treasurer with 98
127		-	each such application. After such permit has been granted, sales, 99
128		-	possession, use and distribution of fireworks for such display shall be 100
129		-	lawful for that purpose only. No permit granted [hereunder] pursuant 101
130		-	to this section shall be transferable. Any permit issued under the 102
131		-	provisions of this section may be suspended or revoked by the 103
132		-	Commissioner of Emergency Services and Public Protection or the local 104
133		-	fire marshal for violation by the permittee of any provision of the 105
134		-	general statutes, any regulation or any ordinance relating to fireworks. 106
135		-	(c) The Commissioner of Emergency Services and Public Protection 107
136		-	may grant variations or exemptions from, or approve equivalent or 108
137		-	alternate compliance with, particular provisions of any regulation 109
138		-	issued under the provisions of subsection (b) of this section where strict 110
139		-	compliance with such provisions would entail practical difficulty or 111
140		-	unnecessary hardship or is otherwise adjudged unwarranted, provided 112
141		-	any such variation, exemption, approved equivalent or alternate 113
142		-	compliance shall, in the opinion of the commissioner, secure the public 114
143		-	safety and shall be made in writing. 115
144		-	(d) Any person, firm or corporation violating the provisions of this 116
145		-	section shall be guilty of a class C misdemeanor, except that (1) any 117
146		-	person, firm or corporation violating the provisions of subsection (a) of 118 Substitute Bill No. 7054
	118	+	LCO No. 5060 4 of 5
	119	+
	120	+	competency by the Commissioner of Emergency Services and Public 79
	121	+	Protection, in respect to which a fee of two hundred dollars shall be 80
	122	+	payable to the State Treasurer when issued and which may be renewed 81
	123	+	every three years upon payment of a fee of one hundred ninety dollars 82
	124	+	payable to the State Treasurer, provided such certificate may be 83
	125	+	suspended or revoked by said commissioner at any time for cause. Such 84
	126	+	certificate of competency shall attest to the fact that such operator is 85
	127	+	competent to fire a display. Such display shall be of such a character and 86
	128	+	so located, discharged or fired as in the opinion of the chiefs of the police 87
	129	+	and fire departments or such selectman, after proper inspection, will not 88
	130	+	be hazardous to property or endanger any person or persons. In an 89
	131	+	aerial bomb, no salute, report or maroon may be used that is composed 90
	132	+	of a formula of chlorate of potash, sulphur, black needle antimony and 91
	133	+	dark aluminum. Formulas that may be used in a salute, report or 92
	134	+	maroon are as follows: (A) Perchlorate of potash, black needle antimony 93
	135	+	and dark aluminum, and (B) perchlorate of potash, dark aluminum and 94
	136	+	sulphur. No high explosive such as dynamite, fulminate of mercury or 95
	137	+	other stimulator for detonating shall be used in any aerial bomb or other 96
	138	+	pyrotechnics. Application for permits shall be made in writing at least 97
	139	+	fifteen days prior to the date of display, on such notice as the 98
	140	+	Commissioner of Emergency Services and Public Protection by 99
	141	+	regulation prescribes, on forms furnished by the commissioner, and a 100
	142	+	fee of one hundred dollars shall be payable to the State Treasurer with 101
	143	+	each such application. After such permit has been granted, sales, 102
	144	+	possession, use and distribution of fireworks for such display shall be 103
	145	+	lawful for that purpose only. No permit granted [hereunder] pursuant 104
	146	+	to this section shall be transferable. Any permit issued under the 105
	147	+	provisions of this section may be suspended or revoked by the 106
	148	+	Commissioner of Emergency Services and Public Protection or the local 107
	149	+	fire marshal for violation by the permittee of any provision of the 108
	150	+	general statutes, any regulation or any ordinance relating to fireworks. 109
	151	+	(c) The Commissioner of Emergency Services and Public Protection 110
	152	+	may grant variations or exemptions from, or approve equivalent or 111
	153	+	Raised Bill No. 7054
147	154
148	155
149		-	LCO 5 of 5
150	156
151		-	this section by offering for sale, exposing for sale or selling at retail or 119
152		-	possessing with intent to sell any fireworks with a value exceeding ten 120
153		-	thousand dollars shall be guilty of a class A misdemeanor, and (2) any 121
154		-	person, firm or corporation violating any provision of subsection (b) of 122
155		-	this section or any regulation adopted [thereunder] pursuant to said 123
156		-	subsection shall be guilty of a class A misdemeanor, except if death or 124
157		-	injury results from any such violation, such person, firm or corporation 125
158		-	shall be guilty of a class C felony. 126
	157	+	LCO No. 5060 5 of 5
	158	+
	159	+	alternate compliance with, particular provisions of any regulation 112
	160	+	issued under the provisions of subsection (b) of this section where strict 113
	161	+	compliance with such provisions would entail practical difficulty or 114
	162	+	unnecessary hardship or is otherwise adjudged unwarranted, provided 115
	163	+	any such variation, exemption, approved equivalent or alternate 116
	164	+	compliance shall, in the opinion of the commissioner, secure the public 117
	165	+	safety and shall be made in writing. 118
	166	+	(d) Any person, firm or corporation violating the provisions of this 119
	167	+	section shall be guilty of a class C misdemeanor, except that (1) any 120
	168	+	person, firm or corporation violating the provisions of subsection (a) of 121
	169	+	this section by offering for sale, exposing for sale or selling at retail or 122
	170	+	possessing with intent to sell any fireworks with a value exceeding ten 123
	171	+	thousand dollars shall be guilty of a class A misdemeanor, and (2) any 124
	172	+	person, firm or corporation violating any provision of subsection (b) of 125
	173	+	this section or any regulation adopted [thereunder] pursuant to said 126
	174	+	subsection shall be guilty of a class A misdemeanor, except if death or 127
	175	+	injury results from any such violation, such person, firm or corporation 128
	176	+	shall be guilty of a class C felony. 129
159	177		This act shall take effect as follows and shall amend the following
160	178		sections:
161	179
162	180		Section 1 October 1, 2025 29-356
163	181		Sec. 2 October 1, 2025 29-357
164	182
165		-	PS Joint Favorable Subst.
	183	+	Statement of Purpose:
	184	+	To authorize the sale and use by consumers of nonaerial and
	185	+	nonexplosive consumer fireworks and sky lanterns.
	186	+
	187	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	188	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	189	+	underlined.]
166	190