senate Bill S6856

2011-2012 Legislative Session

Permits the use of certain outdoor consumer fireworks

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1245
committee discharged and committed to rules
May 30, 2012 reported and committed to finance
Mar 29, 2012 referred to codes

Votes

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Jun 13, 2012 - Rules committee Vote

S6856
19
1
committee
19
Aye
1
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

May 30, 2012 - Codes committee Vote

S6856
12
1
committee
12
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 30, 2012

nay (1)
aye wr (3)

S6856 - Bill Details

See Assembly Version of this Bill:
A9496A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §405.02, amd §§270.00 & 405.00, Pen L

S6856 - Bill Texts

view summary

Permits the use of certain outdoor consumer fireworks referred to as "mines" or "cakes" which are permitted under federal regulations.

view sponsor memo
BILL NUMBER:S6856

TITLE OF BILL:
An act to amend the penal law, in relation to issuing permits for
outdoor use of certain consumer fireworks

PURPOSE OR GENERAL IDEA OF BILL:
Allows the possession and outdoor use of consumer fireworks by a person
holding a valid permit issued by a local municipality.

SUMMARY OF SPECIFIC PROVISIONS:
Creates a new section, Sec. 405.02, of the Penal Law, as follows:

Part 1. Allows that consumer fireworks may be possessed and used
outdoors by a person holding a valid permit issued by a local munici-
pality.

Part 2. A city, village or town will be authorized to issue or deny a
permit and collect a fee for said permit for the outdoor use of consumer
fireworks. Fees will be determined by the local municipality and defined
at a reasonable rate. Said permit may be issued to an individual who is
eighteen years of age or older. The local municipality may choose to
deny or revoke the permit for space, weather, risk of fire or other
specific safety concerns. If the permit is denied, the issuing body
shall state in writing the reason therefore.

Part 3. "Permissible consumer fireworks" shall mean and include "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. 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 the tubes fire in sequence upon ignition of
one external fuse; and "cake" devices, which refers to a dense-packed
collection of mine tubes, the total chemical composition of which may
not exceed two hundred grams. The maximum quantity of lift charge in
anyone 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. Also permitted are "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.

Part 4. The use and possession of consumer fireworks shall not be
subject to the provisions of Part 61 of the NYCRR or to sections 480,
481, 482, or 483 of the general business law.

Part 5. Permits issued under this legislation do not permit the use of
firecrackers, sky rockets, bottle rockets, missile type rockets, heli-
copters, aerial spinners, roman candles, shell devices, aerial shell
kits (reloadable tubes) 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 16CFR, 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 any
devices deemed a violation of any local ordinances.

Part 7. Prohibits the issuing of permits for consumer fireworks in cites
with a population of over one million people.

Section 2. Amends subdivision 2 of section 270.00 of the penal law to
allow those persons holding a lawful permit to use permissible consumer
fireworks.

Section 3. Adds a new subdivision 6 to Section 405 of the penal law to
exempt the provisions of such section to the use and possession of
permissible consumer fireworks.

Section 4. States the effective date.

JUSTIFICATION:
This bill is being proposed to:

1) define permissible consumer fireworks;
2) provide for the sale and possession of permissible consumer
fireworks;
3) provide authorization at the local
municipal level (less than a million population) to issue permits
for the outdoor use of permissible consumer fireworks;
4) provide for additional state revenues;
5) foster job opportunities and economic
growth pertaining to permissible consumer fireworks.

Attendance at public displays has decreased in recent years and the
current ban is widely flouted. 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 saluted,
etc.). These were the items that caused the most injuries prior to
the New York State ban in 1940.
The federal government established strict safety standards for
consumer fireworks in 1976.

In addition, the fireworks industry has established standards that
exceed federal guidelines, and are active participants in the
importation of safe fireworks into this country. Beginning in 1994,
the American Fireworks Standards Laboratory began its Quality
Improvement Program, which includes the testing of the consumer
fireworks products at the factory level in China before the products
are permitted to be exported to the United States.

United States Consumer Product Safety Commission (CPSC) statistics
show that mines or "cakes" are the safest of all fireworks. They have
a better safety record than public displays. These multiple tube
devices go up "hot" but are "cold" by the time they reach the ground,
thus alleviating the concern for fires.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Substantial generation of new sales tax revenue
for the State of New York. Generation of additional permit revenues
for local municipalities with a population of less than one million
people.
Increased job opportunities and economic growth.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6856

                            I N  S E N A T E

                             March 29, 2012
                               ___________

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
  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.
                                                           LBD13958-05-2

S. 6856                             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

S. 6856                             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.

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