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.