S T A T E O F N E W Y O R K
________________________________________________________________________
1102--C
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. KOLB -- Multi-Sponsored by -- M. of A. CALHOUN,
GIGLIO, HAWLEY -- read once and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to issuing permits for
outdoor use of certain consumer 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 USE OF CERTAIN CONSUMER FIREWORKS.
1. NOTWITHSTANDING THE PROVISIONS OF SECTION 270.00 OF THIS CHAPTER
CONSUMER FIREWORKS AS DEFINED IN THIS SECTION MAY BE POSSESSED AND USED
OUTDOORS BY A PERSON HOLDING A VALID PERMIT ISSUED BY A LOCAL MUNICI-
PALITY UNDER THIS SECTION.
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 USE OF CONSUMER
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 WITHIN THE PAST THREE YEARS, PURSUANT TO SUBDIVISION THREE
OF THIS SECTION. THE PERMIT AUTHORITY SHALL RESERVE THE RIGHT TO DENY
OR REVOKE ANY PERMIT FOR ANY LEGITIMATE REASON INCLUDING, BUT NOT LIMIT-
ED TO, SPACE, WEATHER, NOISE, COMPETING EVENT(S) OR OTHER.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00619-04-1
A. 1102--C 2
COMPLETION SHALL BE ISSUED AND SHALL BE VALID FOR THREE 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 (CPSC) IN 16 CFR,
RELATING TO 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, 2001 EDITION
3.1.1.1 THROUGH 3.1.1.8, 3.1.2.3 THROUGH 3.1.2.5 AND 3.2.1 THROUGH 3.2.5
OR ANY SUCCESSOR STANDARD.
5. THE USE AND POSSESSION OF CONSUMER FIREWORKS SHALL NOT BE SUBJECT
TO THE PROVISIONS OF PART 61 OF TITLE 12 OF THE NYCRR OR TO SECTIONS
FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHT-
Y-THREE OF THE GENERAL BUSINESS LAW.
6. ANY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO
PERMIT:
(A) THE USE OF FIRECRACKERS, CHASERS, SKY ROCKETS, BOTTLE ROCKETS,
MISSILE TYPE ROCKETS OR RELOADABLE TUBE AERIAL SHELL KITS AS DEFINED IN
APA SECTIONS 87-1, 3.1.2.1 THROUGH 3.1.2.2 AND 3.1.2.6 THROUGH 3.1.3.2
AND IN 16 CFR, S405, AND GROUND BASED FIREWORKS AS DEFINED IN APA
SECTIONS 87-1, 3.1.1.1 THROUGH 3.1.1.8 AND 3.2.1 THROUGH 3.25; OR
(B) THE HOLDER TO VIOLATE ANY LOCAL ORDINANCES.
7. THIS SECTION SHALL NOT APPLY TO CITIES WITH A POPULATION OVER ONE
MILLION OR MORE PEOPLE.
S 2. Subdivision 2 of section 270.00 of the penal law, as amended by
chapter 180 of the laws of 1997, is amended to read as follows:
2. Offense. (a) Except as herein otherwise provided, or except where a
permit is obtained pursuant to section 405.00 OR 405.02; (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;
(b) (i) Except as herein otherwise stated, or except where a permit is
obtained pursuant to section 405.00 OR 405.02, any person who shall
possess, use, explode or cause to explode any fireworks or dangerous
fireworks is guilty of a violation.
(ii) A person who shall offer or expose for sale, sell or furnish, any
dangerous fireworks to any person who is under the age of eighteen is
guilty of a class A misdemeanor.
(iii) A person who has previously been convicted of a violation of
subparagraph (ii) of this paragraph within the preceding five years and
who shall offer or expose for sale, sell or furnish, any dangerous fire-
works 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.
S 3. Section 405.00 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
A. 1102--C 3
6. SECTION NOT APPLICABLE TO CONSUMER FIREWORKS. THE PROVISIONS OF
THIS SECTION SHALL NOT APPLY TO THE USE AND POSSESSION OF CONSUMER FIRE-
WORKS AS SUCH TERM IS DEFINED IN SECTION 405.02 OF THIS ARTICLE.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.