EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0560*
HOUSE BILL 560
E4 2lr1865
HB 696/21 – JUD
By: Delegates Hornberger, Anderton, Boteler, Cox, M. Fisher, Ghrist, Griffith,
Jacobs, Kipke, McComas, McKay, Novotny, Otto, Parrott, Rose, Shoemaker,
and Wivell
Introduced and read first time: January 31, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Consumer and Display Fireworks 2
FOR the purpose of authorizing a person who is at least a certain age and meets certain 3
requirements to purchase, possess, and use certain consumer fireworks; prohibiting 4
a person from intentionally igniting or discharging certain consumer fireworks in 5
certain circumstances; altering certain provisions to establish that certain provisions 6
authorizing the State Fire Marshal to issue a certain permit relating to fireworks 7
apply only to certain display fireworks; establishing that certain consumer fireworks 8
may be sold only from certain structures, with certain exceptions; and generally 9
relating to consumer and display fireworks. 10
BY repealing and reenacting, with amendments, 11
Article – Public Safety 12
Section 10–101, 10–103, 10–104, and 10–110 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Public Safety 17
Section 10–102.1 and 10–114 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Public Safety 22
Section 10–109 and 10–111 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2021 Supplement) 25
2 HOUSE BILL 560
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Public Safety 3
10–101. 4
(a) In this title the following words have the meanings indicated. 5
(b) [(1)] “1.3 G fireworks” means special fireworks: 6
(1) designed primarily to produce visible or audible effects by combustion 7
or explosion; 8
(2) THAT MEET THE FEDERA L REGULATIONS FOR 1.3 G FIREWORKS; 9
AND 10
(3) THAT COMPLY WITH THE CONSTRUCTION , PERFORMANCE , 11
COMPOSITION , AND LABELING REQUIRE MENTS ADOPTED BY THE CONSUMER 12
PRODUCTS SAFETY COMMISSION IN TITLE 16 OF THE CODE OF FEDERAL 13
REGULATIONS RELATING TO COMMERCIAL PRACTI CES. 14
[(2) “1.3 G fireworks” includes: 15
(i) toy torpedoes, railway torpedoes, firecrackers and salutes that do 16
not qualify as 1.4 G fireworks, exhibition display pieces, illuminating projectiles, incendiary 17
projectiles, and incendiary grenades; 18
(ii) smoke projectiles or bombs containing expelling charges but 19
without bursting charges; 20
(iii) flash powders in inner units not exceeding 2 ounces each, flash 21
sheets in interior packages, and flash powder or spreader cartridges containing an amount 22
not exceeding 72 grains of flash powder each; and 23
(iv) flash cartridges consisting of a paper cartridge shell, small arms 24
primer, and flash composition, not exceeding 180 grains, all assembled in one piece.] 25
(c) [(1)] “1.4 G fireworks” means common fireworks: 26
(1) designed primarily to produce visible effects by combustion; 27
(2) THAT MEET THE FEDERA L REGULATIONS FOR 1.4 G FIREWORKS; 28
AND 29
HOUSE BILL 560 3
(3) THAT COMPLY WITH THE CONSTRUCTION , PERFORMANCE , AND 1
LABELING REQUIREMENT S ADOPTED BY THE CONSUMER PRODUCTS SAFETY 2
COMMISSION IN TITLE 16 OF THE CODE OF FEDERAL REGULATIONS RELATING TO 3
COMMERCIAL PRACTICES . 4
[(2) “1.4 G fireworks” includes: 5
(i) small devices containing less than 2 grains of pyrotechnic 6
composition designed to produce an audible effect; 7
(ii) Roman candles, not exceeding 10 balls, that have a total 8
pyrotechnic composition not exceeding 20 grams and inside tube diameter not exceeding 9
3/8 inch; 10
(iii) sky rockets with sticks, that have a total pyrotechnic composition 11
not exceeding 20 grams and an inside tube diameter not exceeding 1/2 inch; 12
(iv) helicopter–type rockets that have a total pyrotechnic composition 13
not exceeding 20 grams and an inside tube diameter not exceeding 1/2 inch; 14
(v) wheels that have a total pyrotechnic composition not exceeding 15
60 grams for each driver unit or 240 grams for each wheel and an inside tube diameter of 16
driver units not exceeding 1/2 inch; 17
(vi) illuminating torches and colored fire in any form that have a total 18
pyrotechnic composition not exceeding 100 grams each; 19
(vii) dipped sticks that have a pyrotechnic composition containing any 20
perchlorate not exceeding 5 grams; 21
(viii) mines or shells in which the mortar is an integral part, that have 22
a total pyrotechnic composition not exceeding 40 grams; 23
(ix) firecrackers or salutes with casings that have a total pyrotechnic 24
composition not exceeding 2 grains each and external dimensions not exceeding 1 1/2 inches 25
in length or 1/4 inch in diameter; and 26
(x) novelties that consist of two or more 1.4 G fireworks.] 27
(D) “APA 87–1” MEANS THE AMERICAN PYROTECHNICS ASSOCIATION 28
STANDARD 87–1: “STANDARD FOR CONSTRUCTION AND APPROVAL FOR 29
TRANSPORTATION OF FIREWORKS, NOVELTIES, AND THEATRICAL 30
PYROTECHNICS ”, 2001 EDITION, OR ANY SUBSEQUENT ED ITION. 31
(E) “CONSUMER FIREWORKS ” MEANS ANY COMBUSTIBL E OR EXPLOSIVE 32
COMPOSITION OR ANY S UBSTANCE OR COMBINAT ION OF SUBSTANCES TH AT: 33 4 HOUSE BILL 560
(1) IS INTENDED TO PRODU CE VISIBLE OR AUDIBL E EFFECTS BY 1
COMBUSTION ; 2
(2) IS SUITABLE FOR USE BY THE PUBLIC; 3
(3) COMPLIES WITH THE CO NSTRUCTION, PERFORMANCE , 4
COMPOSITION , AND LABELING REQUIRE MENTS ADOPTED BY THE CONSUMER 5
PRODUCTS SAFETY COMMISSION IN TITLE 16 OF THE CODE OF FEDERAL 6
REGULATIONS RELATING TO COMMERCIAL PRACTI CES; AND 7
(4) COMPLIES WITH THE PR OVISIONS FOR “CONSUMER FIREWORKS ” 8
AS DEFINED IN APA 87–1 OR ANY SUCCESSOR STA NDARD. 9
(F) (1) “DISPLAY FIREWORKS ” MEANS LARGE FIREWORK S TO BE USED 10
SOLELY BY PROFESSION AL PYROTECHNICIANS A ND DESIGNED PRIMARIL Y TO 11
PRODUCE VISIBLE OR A UDIBLE EFFECTS BY CO MBUSTION, DEFLAGRATION, OR 12
DETONATION . 13
(2) “DISPLAY FIREWORKS ” INCLUDES: 14
(I) SALUTES THAT CONTAIN MORE THAN 2 GRAINS OR 130 15
MILLIGRAMS OF EXPLOS IVE MATERIALS; 16
(II) AERIAL SHELLS CONTAI NING MORE THAN 60 GRAMS OF 17
PYROTECHNIC COMPOSIT IONS; AND 18
(III) OTHER DISPLAY PIECES THAT EXCEED THE LIMITS OF 19
EXPLOSIVE MATERIALS FOR CLASSIFICATION A S CONSUMER FIREWORKS AND ARE 20
CLASSIFIED AS FIREWO RKS UN0333, UN0334, OR UN0335, UNDER TITLE 49, § 21
172.101 OF THE CODE OF FEDERAL REGULATIONS, RELATING TO PURPOSE AND 22
USE OF THE HAZARDOUS MATERIA LS TABLE. 23
[(d)] (G) “Explosive composition” means a mixture or substance that, when 24
ignited, may cause such a generation of highly heated gases that the resulting gaseous 25
pressures are capable of producing destructive effects on contiguous objects. 26
[(e)] (H) “Finishing and assembling building” means a structure in which 27
fireworks are assembled and packed but are not mixed or pressed. 28
[(f)] (I) (1) [“Fireworks” means combustible, implosive or explosive 29
compositions, substances, combinations of substances, or articles that are prepared to 30
produce a visible or audible effect by combustion, explosion, implosion, deflagration, or 31
detonation. 32 HOUSE BILL 560 5
(2)] “Fireworks” includes 1.3 G fireworks, 1.4 G fireworks, [firecrackers, 1
squibs, rockets, Roman candles, fire balloons, and signal lights] CONSUMER FIREWORKS , 2
AND DISPLAY FIREWORK S. 3
[(3)] (2) “Fireworks” does not include: 4
(i) toy pistols, toy canes, toy guns, or other devices that use paper 5
caps that contain 0.25 grains or less of explosive composition if the devices are constructed 6
so that a hand cannot touch the cap when the cap is in place for use; 7
(ii) toy pistol paper caps that contain less than 0.20 grains of 8
explosive composition; 9
(iii) sparklers that do not contain chlorates or perchlorates; 10
(iv) ground–based sparkling devices that are nonaerial and 11
nonexplosive, and are labeled in accordance with the requirements of the U.S. Consumer 12
Product Safety Commission; 13
(v) paper wrapped snappers that contain less than 0.03 grains of 14
explosive composition; or 15
(vi) ash–producing pellets known as “snakes” that do not contain 16
mercury and are not regulated by the U.S. Department of Transportation. 17
[(g)] (J) (1) “Fireworks plant” means land and any building on the land used 18
in connection with the manufacture, packaging, repackaging, or processing of fireworks. 19
(2) “Fireworks plant” includes a storage building used in connection with 20
plant operation. 21
[(h)] (K) “Mixing building” means a building primarily used to mix and blend 22
pyrotechnic composition other than wet sparkler mixes. 23
[(i)] (L) “Press building” means a building used primarily for pressing or 24
loading pyrotechnic composition into tubes or containers. 25
[(j)] (M) “Pyrotechnic composition” means a chemical mixture that on burning 26
and without explosion produces visible or brilliant displays, bright lights, or whistles. 27
[(k)] (N) “Storage building” means a structure in which finished fireworks or 28
fireworks in any state of processing are stored, but in which processing or manufacturing 29
is not performed. 30
10–102.1. 31 6 HOUSE BILL 560
(A) A PERSON WHO IS AT LEA ST 18 YEARS OLD AND MEETS THE 1
REQUIREMENTS OF THIS TITLE MAY PURCHASE , POSSESS, AND USE CONSUMER 2
FIREWORKS. 3
(B) A PERSON MAY NOT INTEN TIONALLY IGNITE OR D ISCHARGE CONSUMER 4
FIREWORKS: 5
(1) ON PUBLIC PROPERTY O R ON PRIVATE PROPERT Y WITHOUT THE 6
EXPRESS PERMISSION O F THE OWNER; 7
(2) WITHIN, INTO, AT, OR FROM A MOTOR VEHI CLE, A WATERCRAFT , 8
AN AIRCRAFT, AN UNMANNED AIRCRAFT SYSTEM, OR A BUILDING; 9
(3) AT ANOTHER PER SON; 10
(4) WHILE THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL , A 11
CONTROLLED SUBSTANCE , OR ANOTHER DRUG ; OR 12
(5) WITHIN 300 FEET OF A STRUCTURE . 13
(C) THIS SECTION MAY NOT BE CONSTRUED TO REGU LATE THE SALE , 14
POSSESSION, OR USE OF ANY OF THE DEVICES LISTED IN § 10–101(I)(2) OF THIS 15
SUBTITLE. 16
10–103. 17
(a) Subject to subsections (b) and (c) of this section, the State Fire Marshal may 18
issue a permit to authorize the discharge of DISPLAY fireworks in a place where the 19
discharge of DISPLAY fireworks is legal. 20
(b) The State Fire Marshal shall issue a permit to discharge DISPLAY fireworks 21
only if the State Fire Marshal determines that the proposed discharge of fireworks will: 22
(1) not endanger health or safety or damage property; and 23
(2) be supervised by an experienced and qualified person who has 24
previously secured written authority from the State Fire Marshal to discharge fireworks. 25
(c) A permit to discharge DISPLAY fireworks: 26
(1) does not authorize the holder of the permit to possess or discharge 27
fireworks in violation of an ordinance or regulation of the political subdivision where the 28
fireworks are to be discharged; and 29
HOUSE BILL 560 7
(2) does not relieve an applicant for a permit from any requirement to 1
obtain any additional license or authority from the governing body of the political 2
subdivision where the fireworks are to be discharged. 3
10–104. 4
(a) A person must have a permit to discharge DISPLAY fireworks as provided by 5
this subtitle before the person: 6
(1) discharges DISPLAY fireworks; or 7
(2) possesses DISPLAY fireworks with the intent to discharge DISPLAY 8
fireworks or to allow the discharge of DISPLAY fireworks. 9
(b) An applicant for a permit to discharge DISPLAY fireworks shall: 10
(1) apply to the State Fire Marshal for the permit at least 10 days before 11
the date of discharge; 12
(2) pay to the State Fire Marshal a permit fee of $50; and 13
(3) post a bond with the State Fire Marshal in accordance with § 10–105 of 14
this subtitle. 15
(c) If the State Fire Marshal does not receive the application for a permit required 16
under subsection (b) of this section at least 10 days before the date of the discharge, the 17
State Fire Marshal shall charge the applicant a late fee of $50 in addition to all required 18
fees. 19
(d) The permit fee required under subsection (b)(2) of this section and the late fee 20
required under subsection (c) of this section do not apply to a volunteer fire department or 21
volunteer ambulance and rescue company. 22
(e) A permit to discharge DISPLAY fireworks is nontransferable. 23
10–109. 24
The State Fire Prevention Commission shall adopt regulations to carry out this 25
subtitle. 26
10–110. 27
(a) Unless the person holds a permit issued under this subtitle, a person may not: 28
(1) discharge DISPLAY fireworks; or 29
8 HOUSE BILL 560
(2) possess DISPLAY fireworks: 1
(i) with intent to discharge or allow the discharge of the DISPLAY 2
fireworks in violation of this subtitle; or 3
(ii) for the purpose of disposing or selling the DISPLAY fireworks to 4
a person for use or discharge without a permit, if a permit is required by this subtitle. 5
(b) (1) Except as otherwise provided in this subtitle, a person may not sell 6
DISPLAY fireworks to another person without a permit issued under this subtitle. 7
(2) (i) A person licensed by the State Fire Marshal under Subtitle 2 of 8
this title may sell or deliver fireworks to a bona fide distributor, jobber, or wholesaler with 9
a principal place of business in a state where the sale or possession of fireworks is allowed. 10
(ii) The State Fire Marshal may require a person who is an 11
out–of–state distributor, jobber, or wholesaler to submit a certificate issued by the person’s 12
state of operation that demonstrates authority to buy and receive fireworks. 13
10–111. 14
(a) A person who possesses or discharges fireworks in violation of this subtitle is 15
guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250 for each 16
offense. 17
(b) A person who sells fireworks in violation of this subtitle is guilty of a 18
misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each offense. 19
(c) (1) At the expense of the owner, the State Fire Marshal shall seize and 20
remove all fireworks possessed or sold in violation of this subtitle. 21
(2) Fireworks described in paragraph (1) of this subsection shall be 22
forfeited and destroyed. 23
10–114. 24
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, CONSUMER 25
FIREWORKS MAY BE SOL D ONLY FROM A STAND –ALONE PERMANENT STRU CTURE 26
THAT: 27
(1) IS LICENSED BY THE STATE FIRE MARSHAL; 28
(2) HAS A STORAGE AREA T HAT IS SEPARATED FRO M WHOLESALE OR 29
RETAIL SALES AREAS T O WHICH A PURCHASER MAY BE ADMITTED BY 30
APPROPRIATELY RATED FIRE SEPARATION ; 31
HOUSE BILL 560 9
(3) IS LOCATED AT LEAST 250 FEET FROM ANY FACILI TY THAT 1
STORES, SELLS, OR DISPENSES GASOLIN E, PROPANE, OR OTHER FLAMMABLE 2
PRODUCTS; 3
(4) IS LOCATED AT LEAST 1,500 FEET FROM ANY OTHER FACILITY 4
LICENSED TO SELL CON SUMER FIREWORKS ; 5
(5) HAS A MONITORED BURG LAR AND FIRE ALARM S YSTEM; AND 6
(6) CONDUCTS QUARTERLY F IRE DRILLS AND PREPL ANNING 7
MEETINGS AS REQUIRED BY THE PRIMARY FIRE DEPARTMENT IN TH E JURISDICTION 8
OF THE FACILITY. 9
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , CONSUMER 10
FIREWORKS MAY BE SOL D FROM A TEMPORARY S TRUCTURE IF THE TEMP ORARY 11
STRUCTURE: 12
(I) IS LICENSED BY THE STATE FIRE MARSHAL; 13
(II) IS LOCATED AT LEAST 250 FEET FROM ANY FACILITY THAT 14
STORES, SELLS, OR DISPENSES GASOLIN E, PROPANE, OR OTHER FLAMMABLE 15
PRODUCTS; 16
(III) HAS AN EVACUATION PL AN POSTED IN A CONSP ICUOUS 17
LOCATION FOR A TEMPO RARY STRUCTURE IN AC CORDANCE WITH NFPA 1124; 18
(IV) IF IT HAS AN OUTDOOR STORAGE UNIT , HAS THE UNIT 19
SEPARATED FROM THE W HOLESALE OR RETAIL S ALES AREA TO WHICH A 20
PURCHASER MAY BE ADM ITTED BY APPROPRIATE LY RATED FIRE SEPARA TION; 21
(V) COMPLIES WITH NFPA 1124 AS IT RELATES TO RET AIL 22
SALES OF CONSUMER FI REWORKS IN TEMPORARY STRUCTURES; 23
(VI) IS LOCATED AT LEAST 2 MILES FROM ANY PERMA NENT 24
FACILITY LICENSED TO SELL CONSUMER FIREWO RKS; 25
(VII) DOES NOT EXCEED 2,500 SQUARE FEET; 26
(VIII) IS SECURED AT ALL TI MES DURING WHICH CON SUMER 27
FIREWORKS ARE DISPLA YED WITHIN THE STRUC TURE; 28
(IX) HAS A MINIMUM OF $2,000,000 IN PUBLIC AND PRODUC T 29
LIABILITY INSURANCE ; 30 10 HOUSE BILL 560
(X) HAS A SALES PERIOD L IMITED TO JUNE 15 THROUGH JULY 1
8 AND DECEMBER 21 THROUGH JANUARY 2 EACH YEAR; AND 2
(XI) STORES CONSUMER FIRE WORKS NOT ON DISPLAY FOR 3
RETAIL SALE IN AN OUTDOOR STORAG E UNIT. 4
(2) THE SALE OF CONSUMER FIREWORKS FROM A TEM PORARY 5
STRUCTURE IS LIMITED TO THE FOLLOWING : 6
(I) HELICOPTER, AERIAL SPINNER (APA 87–1, 3.1.2.3); 7
(II) ROMAN CANDLE (APA 87–1, 3.1.2.4); AND 8
(III) MINE AND SHELL DEVIC ES NOT EXCEEDING 500 GRAMS. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2022. 11