Permits the outdoor consumer use of fireworks upon completion of a safety course and issuance of a permit.
TITLE OF BILL: An act to amend the penal law, in relation to issuing permits for consumer use of fireworks
PURPOSE OR GENERAL IDEA OF BILL: Allows possession and use of outdoors fireworks by a person holding a valid permit issued by a municipality.
SUMMARY OF SPECIFIC PROVISIONS: Creates a new section, Sec. 405.02, of the Penal Law, as follows:
Section 1. Allows that consumer fireworks may be possessed and used outdoors by a person holding a valid permit issued by a municipality. Section 2. The permit authority of a city, village or town may issue a permit for the outdoor consumer use of fireworks. Said permit may be issued to a person who is eighteen years of age or older and who holds a valid proof of completion of a consumer fireworks safety course. Section 3. A consumer fireworks safety course must be taught by a fireworks group recognized by the American Pyrotechnics Association. Such proof shall be issued upon completion of the course and will be valid for two years from the date of issue. Section 4. "Consumer fireworks" shall mean and include any combustible or explosive composition or combination thereof intended to produce visible and/or audible effects by combustion and must comply with "consumer fireworks" regulations as defined in the American Pyrotechnics Association (APA) Standard 87-1 or any successor standard. Section 5. Restricts the use of firecrackers, rockets, missiles, aerial shell kits, reloadable mortars or wire sparklers, and the violation of any local ordinances. Section 6. Prohibits issue of permits in cities with a population of over one million people.
JUSTIFICATION: For over 65 years there has been a complete ban on the possession and use of consumer fireworks by individuals in the State of New York. Significant changes have been made in federal regulations by banning large explosive devices which prove to be the most harmful (i.e. ashcans, cherry bombs, silver salutes, etc.), and establishing safety standards for consumer fireworks. In addition, the fireworks industry has established standards that exceed the federal guidelines, and they are an active participant in the importation of safe fireworks into this country. Statistics show that injury and death caused by fireworks used by consumers has been reduced in recent years as a result of these guidelines. This legislation would still prohibit the use of the most dangerous fireworks.
PRIOR LEGISLATIVE HISTORY: S.3786 of 2009/2010
FISCAL IMPLICATIONS: Potential generation of new sales tax revenue.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 465 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to issuing permits for consumer use of fireworks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 405.02 to read as follows: S 405.02 PERMITS FOR OUTDOOR CONSUMER USE OF FIREWORKS. 1. NOTWITHSTANDING THE PROVISIONS OF SECTION 270.00 OF THIS CHAPTER CONSUMER FIREWORKS MAY BE POSSESSED AND USED OUTDOORS BY A PERSON HOLD- ING A VALID PERMIT ISSUED BY A MUNICIPALITY. 2. THE PERMIT AUTHORITY OF A CITY, VILLAGE OR TOWN MAY UPON APPLICA- TION IN WRITING AND THE PAYMENT OF A REASONABLE FEE, AS DETERMINED BY THE PERMITTING AUTHORITY, ISSUE A PERMIT FOR THE OUTDOOR CONSUMER USE OF FIREWORKS. A PERMIT MAY BE ISSUED TO A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND HAS VALID PROOF OF COMPLETION OF A CONSUMER FIREWORKS SAFETY COURSE, PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 3. THE CONSUMER FIREWORKS SAFETY COURSE MUST BE TAUGHT BY A FIREWORKS GROUP, ORGANIZATION OR COMPANY RECOGNIZED BY THE AMERICAN PYROTECHNICS ASSOCIATION. UPON THE COMPLETION OF SUCH SAFETY COURSE, A PROOF OF COMPLETION SHALL BE ISSUED AND SHALL BE VALID FOR TWO YEARS FROM THE DATE OF ISSUANCE. 4. "CONSUMER FIREWORKS" SHALL MEAN AND INCLUDE: (A) ANY COMBUSTIBLE OR EXPLOSIVE COMPOSITION OR ANY SUBSTANCE OR COMBINATION OF SUBSTANCES, INTENDED TO PRODUCE VISIBLE AND/OR AUDIBLE EFFECTS BY COMBUSTION; AND (B) WHICH IS SUITABLE FOR USE BY THE PUBLIC BY COMPLYING WITH THE CONSTRUCTION, PERFORMANCE, COMPOSITION AND LABELING REQUIREMENTS PROMUL- GATED BY THE CONSUMER PRODUCTS SAFETY COMMISSION IN 16 CFR, RELATING TOEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00619-01-1 S. 465 2
COMMERCIAL PRACTICE, OR ANY SUCCESSOR REGULATION, AND WHICH COMPLIES WITH THE PROVISIONS FOR "CONSUMER FIREWORKS" AS DEFINED IN THE AMERICAN PYROTECHNICS ASSOCIATION (APA) STANDARD 87-1, OR ANY SUCCESSOR STANDARD. 5. ANY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO PERMIT: (A) THE USE OF FIRECRACKERS, ROCKETS, MISSILES, AERIAL SHELL KITS, RELOADABLE MORTARS OR WIRE SPARKLERS; OR (B) THE HOLDER TO VIOLATE ANY LOCAL ORDINANCES. 6. THIS SECTION SHALL NOT APPLY TO CITIES WITH A POPULATION OVER ONE MILLION OR MORE PEOPLE. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.