S T A T E   O F   N E W   Y O R K
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                                 9496--A

                          I N  A S S E M B L Y

                              March 7, 2012
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Codes -- committee discharged, bill amended, 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 NOT TO EXCEED  FIFTY
DOLLARS,  AS  DETERMINED BY THE PERMITTING AUTHORITY, ISSUE A PERMIT FOR
THE OUTDOOR USE OF PERMISSIBLE CONSUMER FIREWORKS  AS  DEFINED  IN  THIS
SECTION.    A  PERMIT MAY BE ISSUED TO A PERSON WHO IS EIGHTEEN YEARS OF
AGE OR OLDER.  THE PERMIT AUTHORITY SHALL RESERVE THE RIGHT TO  DENY  OR
REVOKE  ANY  PERMIT  FOR  WEATHER, SPACE, RISK OF FIRE OR OTHER SPECIFIC
SAFETY CONCERNS.  IN THE EVENT THE PERMIT IS DENIED,  THE  ISSUING  BODY
SHALL STATE IN WRITING THE REASON THEREFOR.
  3. "PERMISSIBLE CONSUMER FIREWORKS" SHALL MEAN AND INCLUDE:
  (A)  (I)  "MINE"  DEVICES,  WHICH  ARE  HEAVY CARDBOARD OR PAPER TUBES
USUALLY ATTACHED TO A WOODEN OR PLASTIC BASE  AND  CONTAINING  NOT  MORE
THAN  SIXTY  GRAMS  OF  TOTAL  CHEMICAL  COMPOSITION (LIFT CHARGE, BURST
CHARGE, AND VISIBLE/AUDIBLE EFFECT COMPOSITION).  UPON  IGNITION  STARS,
COMPONENTS  PRODUCING REPORTS CONTAINING UP TO ONE HUNDRED THIRTY MILLI-
GRAMS OF  EXPLOSIVE  COMPOSITION  PER  REPORT,  OR  OTHER  DEVICES,  ARE
PROPELLED  INTO THE AIR. THE TERM MINE REFERS TO A DEVICE WITH NO INTER-
NAL COMPONENTS CONTAINING A BURSTING CHARGE. A MINE DEVICE  MAY  CONTAIN
MORE  THAN  ONE  TUBE  PROVIDED  THAT  THE  TUBES  FIRE IN SEQUENCE UPON
IGNITION OF ONE EXTERNAL FUSE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13958-04-2

A. 9496--A                          2

  (II) "CAKE" DEVICES, WHICH REFER TO  A  DENSELY-PACKED  COLLECTION  OF
MINE  TUBES,  THE TOTAL CHEMICAL COMPOSITION OF WHICH MAY NOT EXCEED TWO
HUNDRED GRAMS, INCLUDING LIFT CHARGES.  THE  MAXIMUM  QUANTITY  OF  LIFT
CHARGE  IN  ANY ONE TUBE OF A MINE DEVICE SHALL NOT EXCEED TWENTY GRAMS,
AND  THE  MAXIMUM  QUANTITY OF BREAK OR BURSTING CHARGE IN ANY COMPONENT
SHALL NOT EXCEED TWENTY-FIVE PERCENT OF THE  TOTAL  WEIGHT  OF  CHEMICAL
COMPOSITION IN THE COMPONENT; AND
  (III)  "MULTIPLE  TUBE DEVICES" WHICH ARE DEVICES CONTAINING MORE THAN
ONE CARDBOARD TUBE, WHEREBY THE IGNITION OF ONE EXTERNAL FUSE CAUSES ALL
OF THE TUBES TO FUNCTION IN SEQUENCE. THE TUBES ARE EITHER  INDIVIDUALLY
ATTACHED  TO A WOOD BASE OR PLASTIC BASE, OR ARE DENSELY-PACKED AND HELD
TOGETHER BY GLUE, WIRE, STRING OR OTHER MEANS THAT  SECURELY  HOLDS  THE
TUBES  TOGETHER  DURING  OPERATION.  MULTIPLE  TUBE DEVICES ARE NORMALLY
LIMITED TO A MAXIMUM OF TWO HUNDRED GRAMS OF TOTAL PYROTECHNIC  COMPOSI-
TION  FOR  APPROVAL AS FIREWORKS. THE WEIGHT OF CHEMICAL COMPOSITION PER
TUBE IS LIMITED TO THE WEIGHT LIMIT FOR THE SPECIFIC TYPE OF  DEVICE  IN
THE TUBE. THE CONNECTING FUSES ON MULTIPLE TUBE DEVICES MUST BE FUSED IN
SEQUENCE  SO  THAT  THE TUBES FIRE SEQUENTIALLY RATHER THAN ALL AT ONCE.
WHEN THE TUBES ARE SECURELY ATTACHED TO A WOOD OR PLASTIC BASE, AND  THE
TUBES  ARE  SEPARATED  FROM  EACH  OTHER ON THE BASE BY A DISTANCE OF AT
LEAST ONE-HALF INCH, A MAXIMUM TOTAL WEIGHT OF  FIVE  HUNDRED  GRAMS  OF
PYROTECHNIC COMPOSITION SHALL BE PERMITTED; 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 PRODUCT SAFETY COMMISSION (CPSC) IN 16 CFR, RELAT-
ING 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  OR
ANY SUCCESSOR STANDARD.
  4.  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 SECTION FOUR
HUNDRED EIGHTY, FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR
HUNDRED EIGHTY-THREE OF THE GENERAL BUSINESS LAW.
  5. ANY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL NOT BE  DEEMED  TO
PERMIT:
  (A)  THE  USE  OF  SKY  ROCKETS, BOTTLE ROCKETS, MISSILE TYPE ROCKETS,
HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, SHELL DEVICES, AERIAL SHELL
KITS (RELOADABLE TUBES), FIRECRACKERS AND  CHASERS  AS  DEFINED  IN  APA
SECTIONS  87-1,  3.1.2.1  THROUGH  3.1.2.4,  3.1.2.5 (SHELL DEVICES) AND
3.1.2.6 THROUGH 3.1.3.2 AND IN 16 CFR, AND  GROUND  BASED  FIREWORKS  AS
DEFINED  IN  APA  SECTIONS 87-1, 3.1.1.1 THROUGH 3.1.1.8 AND 3.2 THROUGH
3.3; OR
  (B) THE HOLDER TO VIOLATE ANY OTHER LOCAL ORDINANCES.
  6. THIS SECTION SHALL NOT APPLY TO CITIES WITH  A  POPULATION  OF  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

A. 9496--A                          3

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  [fifty]
ONE  THOUSAND 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:
  6. SECTION NOT APPLICABLE TO CONSUMER  FIREWORKS.  THE  PROVISIONS  OF
THIS  SECTION  SHALL  NOT APPLY TO THE USE AND POSSESSION OF PERMISSIBLE
CONSUMER FIREWORKS AS SUCH TERM IS DEFINED IN  SECTION  405.02  OF  THIS
ARTICLE.
  S 4. This act shall take effect immediately.