Relates to fireworks, dangerous fireworks and sparkling devices.
Ayes (45): Addabbo, Avella, Bonacic, Boyle, Carlucci, DeFrancisco, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Lanza, Larkin, Latimer, Libous, Little, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Sanders, Savino, Seward, Skelos, Smith, Squadron, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (13): Ball, Breslin, Dilan, Hoylman, Krueger, LaValle, Marcellino, Montgomery, Parker, Perkins, Rivera, Serrano, Stavisky
Excused (3): Diaz, Espaillat, Hassell-Thomps
TITLE OF BILL: An act to amend the penal law, the executive law and the general business law, in relation to fireworks, dangerous fireworks and sparkling devices; and to repeal certain provisions of the penal law relating thereto
PURPOSE: This bill is intended to modernize the statute dealing with illegal fireworks, provide additional definitions of what constitutes fireworks and dangerous fireworks and take certain novelty devices, which are not recognized as fireworks by the federal government out of the definition of fireworks.
SUMMARY OF PROVISIONS:
Section one of this bill amends subdivisions 1, 2 and 3 of section 270.00 of the penal law to remove from its definition of "Fireworks" and "Dangerous Fireworks" sparkling devices, novelties, toy caps, and similar devices as defined by APA Standard 87-1, 2001 edition. Additionally this section provides definitions for "display fireworks", "articles pyrotechnic" and "special effects", all of which are included under the definition of "Fireworks." It also removes flares, sparkling devices and other novelties from the terms "fireworks" and "dangerous fireworks." The definitions of "fireworks" and "dangerous fireworks" remain unchanged and include sparkling devices in cities with a population of one million or more.
Subdivision 2 creates the crime of unlawful sale of dangerous fireworks to a minor is amended to include the sale of fireworks, sparkling devices and novelties.
EXISTING LAW: Section 270.00 of the penal law was derived from section 1844a of the Penal Law of 1909 which was enacted into law in 1940. In 1997 certain fireworks were reclassified as "dangerous fireworks". These fireworks are capable of causing serious physical injury and include torpedoes, skyrockets, Roman candles and bombs. Current law penalizes as a violation the possession or use of fireworks or dangerous fireworks, and penalizes as a class B misdemeanor the sale of fireworks or dangerous fireworks. Any person who sells fireworks or dangerous fireworks valued at $500 or more, or who sells dangerous fireworks to a minor, is guilty of a class A misdemeanor. Finally, any person who has previously been convicted of the sale of dangerous fireworks within the past five years is guilty of a class E felony.
JUSTIFICATION: The current law has not been used effectively in part because of poor definitions. Courts have thrown out indictments because of poor definitions of the term fireworks. This bill strengthens those definitions. In addition very few arrests and convictions have been obtained under the current statute. Since 1956, 63 convictions have been obtained Statewide. In 1999 and 2000 only five convictions were obtained.
By modernizing the statute and clearly defining fireworks, dangerous fireworks and novelty devices, the bill will provide law enforcement with an important tool in reducing the use of illegal fireworks and homemade devices and encouraging the use of safe and legally regulated novelty devices. The amendments provide for technical changes to the
definitions of "explosive composition" and "pyrotechnic composition." They also update the current definition of sparkler's as either wood stick or wire, and define handheld or ground based sparkling devices (also known as cone or cylindrical fountain sparklers) as a separate category of fireworks.
The Consumer Products Safety Commission (CPSC) has outlawed sparklers containing magnesium; therefore the old definition is replaced by a definition of these devices based upon the weight of the pyrotechnic composition as used by both the CPSC and the United States Department of Transportation. Explosive or aerial sparkling devices are added to the list of dangerous fireworks and the provision making sparklers more than ten inches in length or one-fourth of an inch in diameter is deleted, as these sparklers would now be judged by weight of pyrotechnic composition, not length or size.
Sparklers would still be defined as fireworks and still be banned with out an appropriate permit, assuming the weight requirement was met. To meet the concerns of the City of New York, the definition of novelty devices is subdivided into four separate categories and all novelty devices would still be deemed fireworks and prohibited by this legislation in cities with a population in excess of one million. In other areas of the state, possession and sale of these items would be permitted. A second category would include handheld and around based sparkling devices which are nonexplosive and non-aerial and which contain small amounts of pyrotechnic composition. This amended bill would permit these items to be possessed and sold in New York State. As mentioned above, in cities with a population of one million or more these items would continue to be deemed "fireworks" and prohibited in such city by the provisions of this amendment.
A third category would include toy pistols and toy caps which currently are not considered fireworks under the Penal Law. The last category of novelty devices includes trick noisemakers, including party poppers, snappers and drop pops containing very small amounts of explosive composition. It is believed these items, very similar to toy cap guns, are not covered by the current statute and their legal status statewide needs to be clarified.
The amendment prohibits the sale of sparkling devices to minors under the age of eighteen. Pursuant to the amendments, a repeat sale to a minor of these items subjects the offender to felony prosecution.
LEGISLATIVE HISTORY: S4529D of 2011-2012 - passed assembly; passed senate; vetoed (memo 59)
FISCAL IMPLICATIONS: To be determined. There will be considerable revenue from state sales tax.
LOCAL FISCAL IMPLICATIONS: Possible additional sales tax revenues. There will be greater law enforcement efficiency due to clearer definitions of terms.
EFFECTIVE DATE: This act shall take effect on the 30th day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 7888 IN SENATE June 16, 2014 ___________Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, the executive law and the general busi- ness law, in relation to fireworks, dangerous fireworks and sparkling devices; and to repeal certain provisions of the penal law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1, 2 and 3 of section 270.00 of the penal law are REPEALED and three new subdivisions 1, 2 and 3 are added to read as follows: 1. DEFINITION OF "FIREWORKS" AND "DANGEROUS FIREWORKS". (A) THE TERM "FIREWORKS," AS USED IN THIS SECTION, INCLUDES: (I) DISPLAY FIREWORKS, WHICH MEANS FIREWORKS DEVICES IN A FINISHED STATE, EXCLUSIVE OF MERE ORNAMENTATION, PRIMARILY INTENDED FOR COMMER- CIAL DISPLAYS WHICH ARE DESIGNED TO PRODUCE VISIBLE AND/OR AUDIBLE EFFECTS BY COMBUSTION, DEFLAGRATION OR DETONATION, INCLUDING, BUT NOT LIMITED TO, SALUTES CONTAINING MORE THAN ONE HUNDRED THIRTY MILLIGRAMS (TWO GRAINS) OF EXPLOSIVE COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN FORTY GRAMS OF CHEMICAL COMPOSITION EXCLUSIVE OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT EXCEED THE LIMITS OF CONSUMER FIRE- WORKS CONTAINED IN THE AMERICAN PYROTECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION; (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES- SIONAL USE SIMILAR TO CONSUMER FIREWORKS IN CHEMICAL COMPOSITION AND CONSTRUCTION BUT NOT INTENDED FOR CONSUMER USE AND WHICH ARTICLES MEET THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND ARE CLASSIFIED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49 CFR 172.101 AS UN0431; (III) SPECIAL EFFECTS, WHICH MEANS ANY COMBINATION OF CHEMICAL ELEMENTS OR CHEMICAL COMPOUNDS CAPABLE OF BURNING INDEPENDENTLY OF THE OXYGEN OF THE ATMOSPHERE, AND DESIGNED AND INTENDED TO PRODUCE AN AUDI- BLE, VISUAL, MECHANICAL, OR THERMAL EFFECT AS AN INTEGRAL PART OF AEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15633-03-4 S. 7888 2
MOTION PICTURE, RADIO, TELEVISION, THEATRICAL, OR OPERA PRODUCTION, OR LIVE ENTERTAINMENT; (IV) CONSUMER FIREWORKS WHICH ARE AERIAL IN PERFORMANCE AND ARE COMMONLY REFERRED TO AS SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE ROCK- ETS, HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, MINES, SHELL DEVICES, AERIAL SHELL KITS, RELOADABLES AND AUDIBLE GROUND DEVICES WHICH ARE COMMONLY REFERRED TO AS FIRECRACKERS AND CHASERS, AS WELL AS METAL WIRE HANDHELD SPARKLERS; (V) ANY BLANK CARTRIDGE, BLANK CARTRIDGE PISTOL, OR TOY CANNON IN WHICH EXPLOSIVES ARE USED, FIRECRACKERS, OR ANY PREPARATION CONTAINING ANY EXPLOSIVE OR INFLAMMABLE COMPOUND OR ANY TABLETS OR OTHER DEVICE COMMONLY USED AND SOLD AS FIREWORKS CONTAINING NITRATES, CHLORATES, OXALATES, SULPHIDES OF LEAD, BARIUM, ANTIMONY, ARSENIC, MERCURY, NITRO- GLYCERINE, PHOSPHORUS OR ANY COMPOUND CONTAINING ANY OF THE SAME OR OTHER EXPLOSIVES, OR ANY SUBSTANCE OR COMBINATION OF SUBSTANCES, OR ARTICLE PREPARED FOR THE PURPOSE OF PRODUCING A VISIBLE OR AN AUDIBLE EFFECT BY COMBUSTION, EXPLOSION, DEFLAGRATION OR DETONATION, OR OTHER DEVICE CONTAINING ANY EXPLOSIVE SUBSTANCE, OTHER THAN SPARKLING DEVICES AS DEFINED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH; AND (VI) "SPARKLING DEVICES," AS USED IN THIS SECTION, INCLUDES: (1) SPARKLING DEVICES WHICH ARE GROUND-BASED OR HAND-HELD DEVICES THAT PRODUCE A SHOWER OF WHITE, GOLD, OR COLORED SPARKS AS THEIR PRIMARY PYROTECHNIC EFFECT. ADDITIONAL EFFECTS MAY INCLUDE A COLORED FLAME, AN AUDIBLE CRACKLING EFFECT, AN AUDIBLE WHISTLE EFFECT, AND SMOKE. THESE DEVICES DO NOT RISE INTO THE AIR, DO NOT FIRE INSERTS OR PROJECTILES INTO THE AIR, AND DO NOT EXPLODE OR PRODUCE A REPORT (AN AUDIBLE CRACK- LING-TYPE EFFECT IS NOT CONSIDERED TO BE A REPORT). GROUND-BASED OR HAND-HELD DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE PYROTECH- NIC EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN THIS CATEGORY INCLUDE: (A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING NOT MORE THAN SEVENTY-FIVE GRAMS OF PYROTECHNIC COMPOSITION THAT MAY BE CONTAINED IN A DIFFERENT SHAPED EXTERIOR SUCH AS A SQUARE, RECTANGLE, CYLINDER OR OTHER SHAPE BUT THE INTERIOR TUBES ARE CYLINDRICAL IN SHAPE. UPON IGNITION, A SHOWER OF COLORED SPARKS, AND SOMETIMES A WHISTLING EFFECT OR SMOKE, IS PRODUCED. THIS DEVICE MAY BE PROVIDED WITH A SPIKE FOR INSERTION INTO THE GROUND (SPIKE FOUNTAIN), A WOOD OR PLASTIC BASE FOR PLACING ON THE GROUND (BASE FOUNTAIN), OR A WOOD OR CARDBOARD HANDLE TO BE HAND HELD (HANDLE FOUNTAIN). WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT EXCEED TWO HUNDRED GRAMS, AND WHEN TUBES ARE SECURELY ATTACHED TO A BASE AND THE TUBES ARE SEPARATED FROM EACH OTHER ON THE BASE BY A DISTANCE OF AT LEAST HALF AN INCH (12.7 MILLIMETERS), A MAXIMUM TOTAL WEIGHT OF FIVE HUNDRED GRAMS OF PYROTECH- NIC COMPOSITION SHALL BE ALLOWED. (B) CONE FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING NOT MORE THAN FIFTY GRAMS OF PYROTECHNIC COMPOSITION. THE EFFECT IS THE SAME AS THAT OF A CYLINDRICAL FOUNTAIN. WHEN MORE THAN ONE CONE IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT EXCEED TWO HUNDRED GRAMS, AS IS OUTLINED IN THIS SUBPARAGRAPH. (C) WOODEN SPARKLER/DIPPED STICK: THESE DEVICES CONSIST OF A WOOD DOWEL THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION. UPON IGNITION OF THE TIP OF THE DEVICE, A SHOWER OF SPARKS IS PRODUCED. SPARKLERS MAY CONTAIN UP TO ONE HUNDRED GRAMS OF PYROTECHNIC COMPOSITION PER ITEM. (2) NOVELTIES WHICH DO NOT REQUIRE APPROVAL FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION AND ARE NOT REGULATED AS EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED AND PACKAGED AS DESCRIBED BELOW:S. 7888 3
(A) PARTY POPPER: SMALL DEVICES WITH PAPER OR PLASTIC EXTERIORS THAT ARE ACTUATED BY MEANS OF FRICTION (A STRING OR TRIGGER IS TYPICALLY PULLED TO ACTUATE THE DEVICE). THEY FREQUENTLY RESEMBLE CHAMPAGNE BOTTLES OR TOY PISTOLS IN SHAPE. UPON ACTIVATION, THE DEVICE EXPELS FLAME-RESISTANT PAPER STREAMERS, CONFETTI, OR OTHER NOVELTIES AND PRODUCES A SMALL REPORT. DEVICES MAY CONTAIN NOT MORE THAN SIXTEEN MILLIGRAMS (0.25 GRAINS) OF EXPLOSIVE COMPOSITION, WHICH IS LIMITED TO POTASSIUM CHLORATE AND RED PHOSPHORUS. THESE DEVICES MUST BE PACKAGED IN AN INNER PACKAGING WHICH CONTAINS A MAXIMUM OF SEVENTY-TWO DEVICES. (B) SNAPPER: SMALL, PAPER-WRAPPED DEVICES CONTAINING NOT MORE THAN ONE MILLIGRAM OF SILVER FULMINATE COATED ON SMALL BITS OF SAND OR GRAVEL. WHEN DROPPED, THE DEVICE EXPLODES, PRODUCING A SMALL REPORT. SNAPPERS MUST BE IN INNER PACKAGES NOT TO EXCEED FIFTY DEVICES EACH, AND THE INNER PACKAGES MUST CONTAIN SAWDUST OR A SIMILAR, IMPACT-ABSORBING MATE- RIAL. (B) THE TERM "DANGEROUS FIREWORKS" MEANS ANY FIREWORKS CAPABLE OF CAUSING SERIOUS PHYSICAL INJURY AND WHICH ARE: FIRECRACKERS CONTAINING MORE THAN FIFTY MILLIGRAMS OF ANY EXPLOSIVE SUBSTANCE, TORPEDOES, SKYROCKETS AND ROCKETS INCLUDING ALL DEVICES WHICH EMPLOY ANY COMBUSTI- BLE OR EXPLOSIVE SUBSTANCE AND WHICH RISE IN THE AIR DURING DISCHARGE, ROMAN CANDLES, AND BOMBS, PROVIDED, HOWEVER, THAT IN CITIES WITH A POPU- LATION OF ONE MILLION OR MORE, THE TERM "DANGEROUS FIREWORKS" SHALL ALSO INCLUDE SPARKLERS MORE THAN TEN INCHES IN LENGTH OR ONE-FOURTH OF ONE INCH IN DIAMETER, OR CHASERS INCLUDING ALL DEVICES WHICH DART OR TRAVEL ABOUT THE SURFACE OF THE GROUND DURING DISCHARGE. (C) "FIREWORKS" AND "DANGEROUS FIREWORKS" SHALL NOT BE DEEMED TO INCLUDE THE FOLLOWING NOR SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED BELOW BE SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE 12 OF THE NEW YORK STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED EIGHTY, FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHT- Y-THREE OF THE GENERAL BUSINESS LAW: (I) FLARES OF THE TYPE USED BY RAILROADS OR ANY WARNING LIGHTS COMMON- LY KNOWN AS RED FLARES, OR MARINE DISTRESS SIGNALS OF A TYPE APPROVED BY THE UNITED STATES COAST GUARD, OR (II) TOY PISTOLS, TOY CANES, TOY GUNS OR OTHER DEVICES IN WHICH PAPER CAPS CONTAINING TWENTY-FIVE HUNDREDTHS GRAINS OR LESS OF EXPLOSIVE COMPOUND ARE USED, PROVIDING THEY ARE SO CONSTRUCTED THAT THE HAND CANNOT COME IN CONTACT WITH THE CAP WHEN IN PLACE FOR USE, AND TOY PISTOL PAPER CAPS WHICH CONTAIN LESS THAN TWENTY-HUNDREDTHS GRAINS OF EXPLOSIVE MIXTURE, THE SALE AND USE OF WHICH SHALL BE PERMITTED AT ALL TIMES, OR (III) BANK SECURITY DEVICES WHICH CONTAIN NOT MORE THAN FIFTY GRAMS OF ANY COMPOUND OR SUBSTANCE OR ANY COMBINATION THEREOF, TOGETHER WITH AN IGNITER NOT EXCEEDING 0.2 GRAM, CAPABLE OF PRODUCING A LACHRYMATING AND/OR VISIBLE OR AUDIBLE EFFECT, WHERE SUCH DEVICE IS STORED OR USED ONLY BY BANKS, NATIONAL BANKING ASSOCIATIONS, TRUST COMPANIES, SAVINGS BANKS, SAVINGS AND LOAN ASSOCIATIONS, INDUSTRIAL BANKS, OR CREDIT UNIONS, OR BY ANY MANUFACTURER, WHOLESALER, DEALER, JOBBER OR COMMON CARRIER FOR SUCH DEVICES AND WHERE THE TOTAL STORAGE ON ANY ONE PREMISES DOES NOT EXCEED ONE HUNDRED DEVICES, OR (IV) EXCEPT IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, IN THOSE COUNTIES AND CITIES THAT OPT BY LOCAL LAW PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION 405.00 OF THIS CHAPTER, "FIREWORKS" AND "DANGEROUS FIREWORKS" SHALL NOT BE DEEMED TO INCLUDE "SPARKLING DEVICES" AS DEFINED IN SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF THIS SUBDI- VISION.S. 7888 4
2. OFFENSE. (A) EXCEPT AS HEREIN OTHERWISE PROVIDED, OR EXCEPT WHERE A PERMIT IS OBTAINED PURSUANT TO SECTION 405.00 OF THIS CHAPTER: (I) ANY PERSON WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH, ANY FIREWORKS OR DANGEROUS FIREWORKS IS GUILTY OF A CLASS B MISDEMEANOR; (II) ANY PERSON WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH ANY FIREWORKS OR DANGEROUS FIREWORKS VALUED AT FIVE HUNDRED DOLLARS OR MORE SHALL BE GUILTY OF A CLASS A MISDEMEANOR; (III) ANY PERSON WHO SHALL POSSESS, USE, EXPLODE OR CAUSE TO EXPLODE ANY FIREWORKS OR DANGEROUS FIREWORKS IS GUILTY OF A VIOLATION; (IV) ANY PERSON WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH, ANY DANGEROUS FIREWORKS, FIREWORKS OR SPARKLING DEVICES TO ANY PERSON WHO IS UNDER THE AGE OF EIGHTEEN IS GUILTY OF A CLASS A MISDEMEANOR. (B) A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF THIS SUBDIVISION WITHIN THE PRECEDING FIVE YEARS AND WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH, ANY DANGEROUS FIREWORKS TO ANY PERSON WHO IS UNDER THE AGE OF EIGHTEEN, SHALL BE GUILTY OF A CLASS E FELONY. (C) POSSESSION OF FIREWORKS OR DANGEROUS FIREWORKS VALUED AT ONE HUNDRED FIFTY DOLLARS OR MORE SHALL BE A PRESUMPTION THAT SUCH FIREWORKS WERE INTENDED TO BE OFFERED OR EXPOSED FOR SALE. 3. EXCEPTIONS. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO: (I) FIREWORKS, DANGEROUS FIREWORKS, AND SPARKLING DEVICES WHILE IN POSSESSION OF RAILROADS, COMMON OR CONTRACT CARRIERS, RETAILERS, WHOLE- SALERS, DISTRIBUTORS, JOBBERS AND TRANSPORTATION COMPANIES OR TRANSPOR- TATION AGENCIES FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE STATE, THE SHIPMENT OF WHICH IS NOT PROHIBITED BY INTERSTATE COMMERCE COMMISSION REGULATIONS AS FORMULATED AND PUBLISHED FROM TIME TO TIME, UNLESS THEY BE HELD VOLUNTARILY BY SUCH RAILROADS, COMMON OR CONTRACT CARRIERS, RETAILERS, WHOLESALERS, DISTRIBUTORS, JOBBERS AND TRANSPORTA- TION AGENCIES OR TRANSPORTING COMPANIES AS WAREHOUSEMEN FOR DELIVERY TO POINTS WITHIN THE STATE; (II) SIGNALING DEVICES USED BY RAILROAD COMPANIES OR MOTOR VEHICLES REFERRED TO IN SUBDIVISION SEVENTEEN OF SECTION THREE HUNDRED SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW; (III) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES; (IV) FIREWORKS, DANGEROUS FIREWORKS AND SPARKLING DEVICES FOR THE USE THEREOF BY THE UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE AND FEDERAL GOVERNMENT; (V) THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS FIRE- WORKS AND SPARKLING DEVICES AND SPECIAL EFFECTS MATERIALS IN CONNECTION WITH THE PRODUCTION OF MOTION PICTURES, TELEVISION PROGRAMS, COMMER- CIALS, AND ALL ENTERTAINMENT MEDIA RECORDED IN ANY CURRENT OR TO BE DESIGNED FORMAT WHEN SUCH USE, TRANSPORTATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY THE LOCAL GOVERNMENTAL SUBDIVISION HAVING JURISDICTION. (B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT: (I) ANY MANUFACTURER, WHOLESALER, RETAILER, DEALER OR JOBBER FROM MANUFACTURING, POSSESSING OR SELLING AT WHOLESALE A SPARKLING DEVICE TO MUNICIPALITIES, RELIGIOUS OR CIVIC ORGANIZATIONS, FAIR ASSOCIATIONS, AMUSEMENT PARKS, OR OTHER ORGANIZATIONS AUTHORIZED BY THE STATE TO STORE, TRANSPORT, POSSESS AND USE OR TO INDIVIDUALS TO STORE, TRANSPORT, POSSESS AND USE; (II) THE SALE OR USE OF BLANK CARTRIDGES FOR A MOTION PICTURE, TELE- VISION PROGRAM, COMMERCIAL AND ALL ENTERTAINMENT MEDIA, OR FOR SIGNAL PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING;S. 7888 5
(III) THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE OF FIREWORKS AND SPARKLING DEVICES IN THE PREPARATION FOR OR IN CONNECTION WITH MOTION PICTURES, TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTER- TAINMENT MEDIA RECORDED IN ANY CURRENT OR TO BE DESIGNED FORMAT WHEN SUCH USE, TRANSPORTATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY THE LOCAL GOVERNMENTAL SUBDIVISION HAVING JURISDICTION; (IV) THE MANUFACTURE OR SALE OF SPARKLING DEVICES PROVIDED THEY ARE TO BE SHIPPED DIRECTLY OUT OF SUCH CITY AND ANY SUCH ITEMS ARE SOLD IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE; OR (V) EXCEPT IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, POSSESSION OF SPARKLING DEVICES LAWFULLY OBTAINED IN A JURISDICTION THAT DID OPT BY LOCAL LAW PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION 405.00 OF THIS CHAPTER TO EXCLUDE "SPARKLING DEVICES" FROM THE DEFINITIONS OF "FIREWORKS" AND "DANGEROUS FIREWORKS", FOR THE PURPOSE OF LAWFUL USE IN ANOTHER JURISDICTION THAT DID OPT BY LOCAL LAW PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION 405.00 OF THIS CHAPTER TO EXCLUDE "SPARKLING DEVICES" FROM THE DEFINITIONS OF "FIREWORKS" AND "DANGEROUS FIREWORKS". THE SUPERINTENDENT OF STATE POLICE SHALL ANNUALLY PUBLISH A LIST OF THOSE JURISDICTIONS THAT HAVE OPTED BY LOCAL LAW PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION 405.00 OF THIS CHAPTER TO EXCLUDE "SPARKLING DEVICES" FROM THE DEFINITIONS OF "FIRE- WORKS" AND "DANGEROUS FIREWORKS". S 2. Subdivision 5 of section 405.00 of the penal law, as amended by chapter 127 of the laws of 2013, is amended to read as follows: 5. Local ordinances superseded. (A) All local ordinances regulating or prohibiting the display of fireworks are hereby superseded by the provisions of this section. Every city, town or village shall have the power to enact ordinances or local laws regulating or prohibiting the use, or the storage, transportation or sale for use of fireworks in the preparation for or in connection with television broadcasts. (B) FURTHER, NO CITY OR COUNTY SHALL BE BOUND TO INCLUDE "SPARKLING DEVICE" IN THE DEFINITIONS OF "FIREWORKS" AND "DANGEROUS FIREWORKS" IN SECTION 270.00 OF THIS CHAPTER, IF SUCH CITY OR COUNTY SHALL SO AUTHOR- IZE THE EXEMPTION OF "SPARKLING DEVICE" BY LAW. IF ANY SUCH CITY OR COUNTY SO ELECTS, IT AND SUCH OTHER LOCAL JURISDICTIONS THAT LIE WITHIN ITS GEOGRAPHICAL BOUNDARIES SHALL NOT ENACT ANY OTHER LOCAL LAW THAT IS INCONSISTENT WITH THE PROVISIONS OF SUBPARAGRAPH (IV) OF PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 270.00 OF THIS CHAPTER, NOR TO REGULATE SPARKLING DEVICES IN A MANNER THAT IS IN CONFLICT WITH THE PROVISIONS OF NFPA 1124, 2006 EDITION. S 3. Subdivision 20 of section 156 of the executive law, as renumbered by chapter 127 of the laws of 2013, is renumbered subdivision 21 and a new subdivision 20 is added to read as follows: 20. REGISTER THE MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, RETAILERS AND SEASONAL RETAILERS OF SPARKLING DEVICES WHO WISH TO DO BUSINESS WITHIN THE STATE. S 4. The executive law is amended by adding a new section 156-h to read as follows: S 156-H. REGISTRATION AND FEES FOR MANUFACTURERS, DISTRIBUTORS, WHOLE- SALERS, AND RETAILERS OF SPARKLING DEVICES. 1. DEFINITIONS. AS USED IN THIS SECTION, THE TERM: (A) "DISTRIBUTOR" MEANS ANY PERSON OR ENTITY ENGAGED IN THE BUSINESS OF SELLING SPARKLING DEVICES TO WHOLESALERS, SPECIALTY RETAILERS, PERMA- NENT RETAILERS OR TEMPORARY SEASONAL RETAILERS FOR RESALE. (B) "MANUFACTURER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE MANUFAC- TURE OR CONSTRUCTION OF SPARKLING DEVICES.S. 7888 6
(C) "SPECIALTY RETAILER" MEANS ANY PERSON OR ENTITY WHO, AT A FIXED PLACE OF BUSINESS, IS ENGAGED SOLELY IN SELLING SPARKLING DEVICES AT RETAIL. FOR PURPOSES OF THIS SECTION, A PERSON OR ENTITY IS ENGAGED SOLELY IN SELLING SPARKLING DEVICES IF FIFTY-ONE PERCENT OR MORE OF SUCH PERSON'S OR ENTITY'S ANNUAL GROSS SALES ARE FROM THE SALE OF SPARKLING DEVICES. (D) "PERMANENT RETAILER" MEANS ANY PERSON OR ENTITY WHO, AT A FIXED PLACE OF BUSINESS, IS ENGAGED IN SELLING SPARKLING DEVICES AT RETAIL. (E) "SPARKLING DEVICES" MEANS ANY ITEM DEFINED IN SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 270.00 OF THE PENAL LAW. (F) "TEMPORARY SEASONAL RETAILER" MEANS ANY PERSON OR ENTITY WHO, AT A TEMPORARY STAND OR TENT, IS ENGAGED IN SELLING SPARKLING DEVICES FROM JUNE TWENTIETH THROUGH JULY FIFTH OR FROM DECEMBER TENTH THROUGH JANUARY SECOND OF EACH YEAR AT RETAIL. (G) "WHOLESALER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE BUSINESS OF SELLING SPARKLING DEVICES TO SPECIALTY RETAILERS, PERMANENT RETAILERS OR TEMPORARY SEASONAL RETAILERS AT WHOLESALE. 2. REGISTRATION REQUIREMENTS. ANY MANUFACTURER, DISTRIBUTOR, WHOLE- SALER, SPECIALTY RETAILER, PERMANENT RETAILER OR TEMPORARY SEASONAL RETAILER OF SPARKLING DEVICES WHO WISHES TO DO BUSINESS IN THIS STATE OR TO OTHERWISE SELL, SHIP, OR ASSIGN FOR SALE ITS PRODUCTS IN THIS STATE MUST REGISTER ANNUALLY WITH THE OFFICE OF FIRE PREVENTION AND CONTROL ON FORMS PRESCRIBED BY SUCH OFFICE. ANY SPECIALTY RETAILER, PERMANENT RETAILER OR TEMPORARY SEASONAL RETAILER THAT SELLS SPARKLING DEVICES AT MORE THAN ONE RETAIL LOCATION MAY SUBMIT ONE REGISTRATION FORM FOR ALL SUCH LOCATIONS BUT MUST PROVIDE THE ADDRESS OF EACH LOCATION WITH THE REGISTRATION FORM; HOWEVER, ANY RETAILER MAY SUBMIT MULTIPLE REGISTRA- TION FORMS. 3. REGISTRATION FORM. THE REGISTRATION FORM FILED WITH THE OFFICE OF FIRE PREVENTION AND CONTROL MUST BE NOTARIZED AND MUST INCLUDE THE FOLLOWING INFORMATION: BUSINESS NAME; ADDRESS; TELEPHONE NUMBER; OFFI- CERS, IF THE BUSINESS IS A CORPORATION; AND AN INDIVIDUAL DESIGNATED AS A CONTACT PERSON. 4. FEES. (A) EACH MANUFACTURER, DISTRIBUTOR OR WHOLESALER MUST PAY AN ANNUAL REGISTRATION FEE TO BE SET BY THE OFFICE OF FIRE PREVENTION AND CONTROL NOT TO EXCEED FIVE THOUSAND DOLLARS. EACH SPECIALTY RETAILER MUST PAY AN ANNUAL REGISTRATION FEE TO BE SET BY SUCH OFFICE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS. EACH PERMANENT RETAILER SHALL PAY AN ANNUAL REGISTRATION FEE TO BE SET BY SUCH OFFICE NOT TO EXCEED TWO HUNDRED DOLLARS FOR EACH RETAIL LOCATION REGISTERED. EACH TEMPORARY SEASONAL RETAILER MUST PAY A REGISTRATION FEE TO BE SET BY SUCH OFFICE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS PER SEASON. EACH CERTIFICATE-HOLDER WISHING TO HAVE A DUPLICATE CERTIFICATE ISSUED FOR ONE WHICH IS LOST OR TO REFLECT A CHANGE OF ADDRESS SHALL REQUEST SUCH DUPLICATE IN WRITING AND SHALL PAY A FEE OF FIVE DOLLARS. (B) REVENUE FROM REGISTRATION FEE PAYMENTS SHALL BE USED FOR THE PURPOSES OF IMPLEMENTING FIREFIGHTER SAFETY AND TRAINING PROGRAMS AS WELL AS REGISTRATION AND TESTING PROVISIONS OF THIS CHAPTER. (C) NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL CHARGE ANY FEE OR REQUIRE ANY PERMIT WHATSOEVER FOR THE SALE AND USE OF SPARKLING DEVICES. 5. RECORD AND REPORTS. EACH MANUFACTURER, DISTRIBUTOR AND WHOLESALER SHALL MAINTAIN AND MAKE AVAILABLE TO THE STATE FIRE ADMINISTRATOR, UPON THE STATE FIRE ADMINISTRATOR'S REASONABLE REQUEST, FULL AND COMPLETE, TRUE, AND ACCURATE RECORDS SHOWING THE NAME AND QUANTITY OF ANY SPARKL-S. 7888 7
ING DEVICE PRODUCED IN, IMPORTED TO, EXPORTED FROM, OR SOLD IN THIS STATE. 6. RULES. THE STATE FIRE ADMINISTRATOR SHALL PROMULGATE RULES PRESCRIBING REGISTRATION FORMS REQUIRED BY THIS SECTION. S 5. The general business law is amended by adding a new section 392-j to read as follows: S 392-J. SALES OF SPARKLING DEVICES. 1. SALES OF SPARKLING DEVICES AS DEFINED IN SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 270.00 OF THE PENAL LAW SHALL BE LAWFUL ONLY FOR BUSINESS REGIS- TERED BY THE STATE UNDER SECTION ONE HUNDRED FIFTY-SIX-H OF THE EXECU- TIVE LAW BETWEEN JUNE FIRST AND JULY FIFTH OR FROM DECEMBER TWENTY- SIXTH THROUGH JANUARY SECOND OF EACH YEAR. 2. FAILURE TO COMPLY WITH THIS SECTION SHALL BE DEEMED AN OFFENSE AS DEFINED IN SUBDIVISION TWO OF SECTION 270.00 OF THE PENAL LAW. S 6. This act shall take effect on the thirtieth day after it shall have become a law.