senate Bill S4718A

Vetoed By Governor
2013-2014 Legislative Session

Relates to offenses relating to possession or sale of fireworks and sparkling devices; repealer

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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 vetoed memo.281
Dec 06, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
ordered to third reading rules cal.694
substituted for a6695a
Jun 17, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1385
committee discharged and committed to rules
Jun 14, 2013 print number 4718a
amend and recommit to finance
May 08, 2013 reported and committed to finance
Apr 19, 2013 referred to codes

Votes

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Jun 17, 2013 - Rules committee Vote

S4718A
19
1
committee
19
Aye
1
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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May 8, 2013 - Codes committee Vote

S4718
12
0
committee
12
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S4718 - Bill Details

See Assembly Version of this Bill:
A6695A
Law Section:
Penal Law
Laws Affected:
Rpld & add §270.00 subs 1 - 3, amd §405.00, Pen L; amd §156, add §156-h, Exec L; add §392-j, Gen Bus L

S4718 - Bill Texts

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Relates to offenses relating to possession or sale of fireworks and sparkling devices.

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BILL NUMBER:S4718

TITLE OF BILL: An act to amend the penal law, the executive law, and
the general business law, in relation to offenses relating to
possession or sale of 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 R
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 minor 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 60th day after it
shall have become law.

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

                                  4718

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

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, the executive law, and the general  busi-
  ness  law,  in  relation to offenses relating to possession or sale of
  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 130 MG (2 GRAINS) OF  EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION  EXCLUSIVE  OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT
EXCEED THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN  PYRO-
TECHNIC 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09141-02-3

S. 4718                             2

BLE,  VISUAL,  MECHANICAL,  OR  THERMAL  EFFECT AS AN INTEGRAL PART OF A
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; AND
  (V) IN CITIES WITH A POPULATION OF  ONE  MILLION  OR  MORE,  THE  TERM
"FIREWORKS"  SHALL  ALSO  INCLUDE  ANY  BLANK CARTRIDGE, BLANK CARTRIDGE
PISTOL, OR TOY CANNON IN WHICH EXPLOSIVES ARE USED, FIRECRACKERS, SPARK-
LERS OR OTHER COMBUSTIBLE OR EXPLOSIVE  OF  LIKE  CONSTRUCTION,  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, NITROGLYCERINE, 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 DETONA-
TION, OR OTHER DEVICE CONTAINING ANY EXPLOSIVE SUBSTANCE.
  (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.

S. 4718                             3

  (C-1)  EXCEPT  IN  CITIES  WITH  A  POPULATION OF ONE MILLION OF MORE,
"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 EIGHTY-THREE
OF THE GENERAL BUSINESS LAW:
  (I) 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 75
G 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  FOUN-
TAIN).  WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYRO-
TECHNIC COMPOSITION MAY NOT EXCEED 200 G, 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  MAXI-
MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED.
  (B)  CONE  FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING NOT MORE
THAN 50 G 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 200 G, AS IS OUTLINED
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (C) ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN  100
G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION
AND  MAY  HAVE  A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN MORE THAN ONE
TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY  NOT
EXCEED 200 G, AS IS OUTLINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (D)  WHEEL:  PYROTECHNIC  DEVICE  INTENDED TO BE ATTACHED TO A POST OR
TREE BY MEANS OF A NAIL OR STRING WHICH MAY HAVE ONE  OR  MORE  DRIVERS,
EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION.
NO  WHEEL  MAY CONTAIN MORE THAN 200 G OF TOTAL PYROTECHNIC COMPOSITION.
UPON IGNITION, THE WHEEL REVOLVES,  PRODUCING  A  SHOWER  OF  COLOR  AND
SPARKS AND, SOMETIMES, A WHISTLING EFFECT.
  (E)  GROUND  SPINNER:  SMALL  DEVICE  CONTAINING NOT MORE THAN 20 G OF
PYROTECHNIC COMPOSITION, VENTING OUT AN ORIFICE USUALLY ON THE  SIDE  OF
THE  TUBE  AND  IS  SIMILAR  IN  OPERATION TO A WHEEL BUT INTENDED TO BE
PLACED FLAT ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND  COLOR  IS
PRODUCED BY THE RAPIDLY SPINNING DEVICE.
  (F)  FLITTER  SPARKLER:  NARROW PAPER TUBE ATTACHED TO A STICK OR WIRE
AND FILLED WITH NOT MORE  THAN  5  G  OF  PYROTECHNIC  COMPOSITION  THAT
PRODUCES  COLOR  AND  SPARKS  UPON IGNITION. THE PAPER AT ONE END OF THE
TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION.

S. 4718                             4

  (G) TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT  MORE
THAN  100  G  OF  PYROTECHNIC  COMPOSITION THAT, UPON IGNITION, PRODUCES
WHITE OR COLORED SMOKE AS THE PRIMARY EFFECT. TOY  SMOKE  DEVICES,  WHEN
COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS,
1.4G  UNLESS  CLASSED  AS  1.4S  OR NOT REGULATED AS AN EXPLOSIVE ON THE
BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR, S 173.56.
  (H) 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 100 G OF PYROTECHNIC COMPOSITION PER ITEM.
  (I) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE
IGNITION  OF  ONE  EXTERNAL  FUSE CAUSES ALL OF THE TUBES TO FUNCTION IN
SEQUENCE. THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR  PLAS-
TIC  BASE,  OR  ARE  DENSE-PACKED  AND  ARE HELD TOGETHER BY GLUE, WIRE,
STRING, OR OTHER MEANS THAT SECURELY HOLDS  THE  TUBES  TOGETHER  DURING
OPERATION. 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 HALF AN INCH (12.7
MILLIMETERS), A MAXIMUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION
SHALL BE PERMITTED FOR APPROVAL AS 1.4G, OR
  (II)  NOVELTIES  WHICH  DO NOT REQUIRE APPROVAL FROM USDOT AND ARE NOT
REGULATED AS EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED  AND  PACK-
AGED AS DESCRIBED BELOW:
  (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 16 MG  (0.25
GRAINS) OF EXPLOSIVE COMPOSITION, WHICH IS LIMITED TO POTASSIUM CHLORATE
AND  RED PHOSPHORUS.  THESE DEVICES MUST BE PACKAGED IN AN INNER PACKAG-
ING 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.
  (C)  TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE SPHERES,
OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH-
NIC COMPOSITION THAT PRODUCES A SMALL CLOUD OF SMOKE  AFTER  ACTIVATION.
THE  DEVICES  ARE  TYPICALLY  IGNITED BY MEANS OF SAFETY FUSE. THE OUTER
CONFIGURATION IS USUALLY A SPHERE (SMOKE  BALL),  CYLINDRICAL  TUBE,  OR
PAPER  CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF POTAS-
SIUM NITRATE AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED  BY  MIXTURES
CONSISTING  OF  POTASSIUM  CHLORATE,  SULFUR  OR SUGAR, AND A SUBLIMABLE
ORGANIC DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN  A
NEUTRALIZER/COOLANT  SUCH  AS  SODIUM  BICARBONATE.  TO  BE ELIGIBLE FOR
UNREGULATED STATUS, THESE DEVICES  MUST  PRODUCE  SMOKE  AS  THEIR  SOLE
PYRO-TECHNIC  EFFECT  FOLLOWING  IGNITION, AND MUST BE PACKAGED IN INNER
UNITS CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES.
  (D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT
CONTAIN 2 G OR LESS OF  COMPOSITION  PER  ARTICLE.  UPON  BURNING,  THEY

S. 4718                             5

PRODUCE  A  SNAKE-LIKE  ASH  THAT EXPANDS IN LENGTH AS THE PELLET BURNS.
CHEMICAL COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM  PERCHLORATE,
NITRATE  PITCH,  ASPHALTUM,  AND  SIMILAR  CARBONACEOUS MATERIALS. THESE
DEVICES  ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER PACK-
AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES.
  (E) WOODEN SPARKLER/DIPPED STICKS: 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  100  G OF COMPOSITION PER ITEM. SPARKLERS TYPICALLY USE
BARIUM NITRATE AS THE OXIDIZER, WITH ALUMINUM  AND  DEXTRINE  AS  FUELS.
IRON  FILINGS  PRODUCE  THE  SPARK EFFECT. COLOR-PRODUCING SPARKLERS USE
POTASSIUM PERCHLORATE OXIDIZER. ANY SPARKLER CONTAINING  A  CHLORATE  OR
PERCHLORATE AS AN OXIDIZER IS LIMITED TO A MAXIMUM OF 5 G OF COMPOSITION
PER  ARTICLE. SPARKLERS MUST BE PACKAGED IN INNER PACKAGING THAT CONTAIN
EIGHT DEVICES OR LESS TO BE TRANSPORTED AS NOT REGULATED DEVICES, OR
  (III) TOY PLASTIC OR PAPER CAPS FOR TOY  PISTOLS  IN  SHEETS,  STRIPS,
ROLLS,  OR  INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE OF 0.25
GRAINS (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE  DESCRIBED
AS  TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE APPROVED
FOR TRANSPORTATION USING THE PROCEDURE SPECIFIED  IN  TITLE  49  CFR,  S
173.56(B).
  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
FIRE-WORKS 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 DEVICES AS DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF THIS SECTION 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 DEVICES DEFINED  IN  PARAGRAPH
(C-1)  OF  SUBDIVISION  ONE OF THIS SECTION WHILE IN POSSESSION OF RAIL-
ROADS, COMMON OR CONTRACT CARRIERS,  RETAILERS,  WHOLESALERS,  DISTRIBU-
TORS,  JOBBERS  AND  TRANSPORTATION COMPANIES OR TRANSPORTATION AGENCIES
FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE STATE, THE SHIP-
MENT OF WHICH IS NOT PROHIBITED BY INTERSTATE COMMERCE COMMISSION  REGU-
LATIONS  AS  FORMULATED  AND PUBLISHED FROM TIME TO TIME, UNLESS THEY BE
HELD VOLUNTARILY BY SUCH RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL-
ERS, WHOLESALERS, DISTRIBUTORS, JOBBERS AND TRANSPORTATION  AGENCIES  OR
TRANSPORTING COMPANIES AS WAREHOUSEMEN FOR DELIVERY TO POINTS WITHIN THE
STATE;

S. 4718                             6

  (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 DEVICES DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF THIS SECTION FOR  THE  USE  THEREOF  BY  THE
UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE AND FEDERAL GOVERN-
MENT;
  (V)  THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS FIRE-
WORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF  THIS
SECTION  AND SPECIAL EFFECTS MATERIALS IN CONNECTION WITH THE PRODUCTION
OF 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.
  (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 DEVICE DEFINED IN
PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS  SECTION  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;
  (III)  THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE OF
FIREWORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION  ONE  OF
THIS  SECTION  IN  THE  PREPARATION  FOR  OR  IN  CONNECTION WITH MOTION
PICTURES, TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTERTAINMENT  MEDIA
RECORDED  IN  ANY CURRENT OR TO BE DESIGNED FORMAT WHEN SUCH USE, TRANS-
PORTATION AND STORAGE HAS BEEN  APPROPRIATELY  PERMITTED  BY  THE  LOCAL
GOVERNMENTAL SUBDIVISION HAVING JURISDICTION; OR
  (IV)  THE MANUFACTURE OR SALE OF DEVICES DEFINED IN PARAGRAPH (C-1) OF
SUBDIVISION ONE OF THIS SECTION 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.
  S  2.  Subdivision  5 of section 405.00 of the penal law 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, MUNICIPALITY OR OTHER LOCAL  JURISDICTION  SHALL
ENACT  A  LOCAL  LAW THAT IS INCONSISTENT WITH THE PROVISIONS OF SECTION
270.00 OF THIS CHAPTER NOR TO  REGULATE  DEVICES  DEFINED  IN  PARAGRAPH
(C-1)  OF  SUBDIVISION  ONE OF SECTION 270.00 OF THIS CHAPTER THAT IS IN
CONFLICT WITH THE PROVISIONS OF NFPA 1124, 2006 EDITION OR LATER.
  S 3. Subdivision 19 of section 156 of the executive law, as renumbered
by chapter 615 of the laws of 2006, is renumbered subdivision 20  and  a
new subdivision 19 is added to read as follows:
  19.  LICENSE  THE  MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, RETAILERS
AND SEASONAL RETAILERS OF SPARKLING DEVICES WHO WISH TO DO BUSINESS WITH
THE STATE.

S. 4718                             7

  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.
  (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 PARAGRAPH (C) 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  THE  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 MUST
BE  NOTARIZED AND MUST INCLUDE THE FOLLOWING INFORMATION: BUSINESS NAME;
ADDRESS; TELEPHONE NUMBER; OFFICERS, 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 NOT TO EXCEED FIVE THOU-
SAND DOLLARS. EACH SPECIALTY RETAILER MUST PAY  AN  ANNUAL  REGISTRATION
FEE  TO  BE  SET  BY  THE OFFICE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED
DOLLARS. EACH PERMANENT RETAILER SHALL PAY AN ANNUAL REGISTRATION FEE TO
BE SET BY THE OFFICE NOT TO EXCEED TWO HUNDRED DOLLARS FOR  EACH  RETAIL
LOCATION  REGISTERED. EACH TEMPORARY SEASONAL RETAILER MUST PAY A REGIS-
TRATION FEE TO BE SET BY THE 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.

S. 4718                             8

  (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-
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. SALES  OF  SPARKLING  DEVICES  AS
DEFINED  IN  PARAGRAPH  (C)  OF SUBDIVISION ONE OF SECTION 270.00 OF THE
PENAL LAW SHALL BE LAWFUL ONLY FOR BUSINESS LICENSED BY THE STATE  UNDER
SECTION  ONE HUNDRED FIFTY-SIX-H OF THE EXECUTIVE LAW BETWEEN JUNE FIRST
AND JULY FIFTH OR FROM DECEMBER TWENTY-SIXTH THROUGH JANUARY  SECOND  OF
EACH YEAR.
  S  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

S4718A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6695A
Law Section:
Penal Law
Laws Affected:
Rpld & add §270.00 subs 1 - 3, amd §405.00, Pen L; amd §156, add §156-h, Exec L; add §392-j, Gen Bus L

S4718A (ACTIVE) - Bill Texts

view summary

Relates to offenses relating to possession or sale of fireworks and sparkling devices.

view sponsor memo
BILL NUMBER:S4718A

TITLE OF BILL: An act to amend the penal law, the executive law, and
the general business law, in relation to offenses relating to
possession or sale of 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 minor 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 60th day after it
shall have become law.

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

                                 4718--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said committee and committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the penal law, the executive law, and the general busi-
  ness law, in relation to offenses relating to possession  or  sale  of
  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 130 MG (2 GRAINS) OF EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION EXCLUSIVE OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY  ITEMS  THAT
EXCEED  THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN PYRO-
TECHNIC 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09141-03-3

S. 4718--A                          2

  (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  A
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; AND
  (V)  IN  CITIES  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE TERM
"FIREWORKS" SHALL ALSO INCLUDE  ANY  BLANK  CARTRIDGE,  BLANK  CARTRIDGE
PISTOL, OR TOY CANNON IN WHICH EXPLOSIVES ARE USED, FIRECRACKERS, SPARK-
LERS  OR  OTHER  COMBUSTIBLE  OR  EXPLOSIVE OF LIKE CONSTRUCTION, 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, NITROGLYCERINE, 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  DETONA-
TION, OR OTHER DEVICE CONTAINING ANY EXPLOSIVE SUBSTANCE.
  (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

S. 4718--A                          3

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.
  (C-1)  EXCEPT  IN  CITIES  WITH  A  POPULATION OF ONE MILLION OF MORE,
"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 EIGHTY-THREE
OF THE GENERAL BUSINESS LAW:
  (I) 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 75
G 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 FOUN-
TAIN). WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL  PYRO-
TECHNIC  COMPOSITION  MAY  NOT EXCEED 200 G, 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 MAXI-
MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED.
  (B) CONE FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING  NOT  MORE
THAN  50 G 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 200 G, AS IS OUTLINED
IN THIS SUBPARAGRAPH.
  (C)  ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 100
G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION
AND MAY HAVE A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN  MORE  THAN  ONE
TUBE  IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT
EXCEED 200 G, AS IS OUTLINED IN THIS SUBPARAGRAPH.
  (D) WHEEL: PYROTECHNIC DEVICE INTENDED TO BE ATTACHED  TO  A  POST  OR
TREE  BY  MEANS  OF A NAIL OR STRING WHICH MAY HAVE ONE OR MORE DRIVERS,
EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION.
NO WHEEL MAY CONTAIN MORE THAN 200 G OF TOTAL  PYROTECHNIC  COMPOSITION.
UPON  IGNITION,  THE  WHEEL  REVOLVES,  PRODUCING  A SHOWER OF COLOR AND
SPARKS AND, SOMETIMES, A WHISTLING EFFECT.
  (E) GROUND SPINNER: SMALL DEVICE CONTAINING NOT  MORE  THAN  20  G  OF
PYROTECHNIC  COMPOSITION,  VENTING OUT AN ORIFICE USUALLY ON THE SIDE OF
THE TUBE AND IS SIMILAR IN OPERATION TO  A  WHEEL  BUT  INTENDED  TO  BE
PLACED  FLAT  ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND COLOR IS
PRODUCED BY THE RAPIDLY SPINNING DEVICE.
  (F) FLITTER SPARKLER: NARROW PAPER TUBE ATTACHED TO A  STICK  OR  WIRE
AND  FILLED  WITH  NOT  MORE  THAN  5  G OF PYROTECHNIC COMPOSITION THAT

S. 4718--A                          4

PRODUCES COLOR AND SPARKS UPON IGNITION. THE PAPER AT  ONE  END  OF  THE
TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION.
  (G)  TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT MORE
THAN 100 G OF PYROTECHNIC  COMPOSITION  THAT,  UPON  IGNITION,  PRODUCES
WHITE  OR  COLORED  SMOKE AS THE PRIMARY EFFECT. TOY SMOKE DEVICES, WHEN
COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS,
1.4G UNLESS CLASSED AS 1.4S OR NOT REGULATED  AS  AN  EXPLOSIVE  ON  THE
BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR, S 173.56.
  (H)  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 100 G OF PYROTECHNIC COMPOSITION PER ITEM.
  (I) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE
IGNITION OF ONE EXTERNAL FUSE CAUSES ALL OF THE  TUBES  TO  FUNCTION  IN
SEQUENCE.  THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR PLAS-
TIC BASE, OR ARE DENSE-PACKED AND  ARE  HELD  TOGETHER  BY  GLUE,  WIRE,
STRING,  OR  OTHER  MEANS  THAT SECURELY HOLDS THE TUBES TOGETHER DURING
OPERATION. 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 HALF AN INCH (12.7
MILLIMETERS), A MAXIMUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION
SHALL BE PERMITTED FOR APPROVAL AS 1.4G, OR
  (II) NOVELTIES WHICH DO NOT REQUIRE APPROVAL FROM USDOT  AND  ARE  NOT
REGULATED  AS  EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED AND PACK-
AGED AS DESCRIBED BELOW:
  (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 16 MG (0.25
GRAINS) OF EXPLOSIVE COMPOSITION, WHICH IS LIMITED TO POTASSIUM CHLORATE
AND RED PHOSPHORUS.  THESE DEVICES MUST BE PACKAGED IN AN INNER  PACKAG-
ING 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.
  (C) TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE  SPHERES,
OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH-
NIC  COMPOSITION  THAT PRODUCES A SMALL CLOUD OF SMOKE AFTER ACTIVATION.
THE DEVICES ARE TYPICALLY IGNITED BY MEANS OF  SAFETY  FUSE.  THE  OUTER
CONFIGURATION  IS  USUALLY  A  SPHERE (SMOKE BALL), CYLINDRICAL TUBE, OR
PAPER CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF  POTAS-
SIUM  NITRATE  AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED BY MIXTURES
CONSISTING OF POTASSIUM CHLORATE, SULFUR  OR  SUGAR,  AND  A  SUBLIMABLE
ORGANIC  DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN A
NEUTRALIZER/COOLANT SUCH AS  SODIUM  BICARBONATE.  TO  BE  ELIGIBLE  FOR
UNREGULATED  STATUS,  THESE  DEVICES  MUST  PRODUCE  SMOKE AS THEIR SOLE
PYRO-TECHNIC EFFECT FOLLOWING IGNITION, AND MUST BE  PACKAGED  IN  INNER
UNITS CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES.

S. 4718--A                          5

  (D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT
CONTAIN  2  G  OR  LESS  OF  COMPOSITION PER ARTICLE. UPON BURNING, THEY
PRODUCE A SNAKE-LIKE ASH THAT EXPANDS IN LENGTH  AS  THE  PELLET  BURNS.
CHEMICAL  COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM PERCHLORATE,
NITRATE  PITCH,  ASPHALTUM,  AND  SIMILAR  CARBONACEOUS MATERIALS. THESE
DEVICES ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER  PACK-
AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES.
  (E)  WOODEN  SPARKLER/DIPPED  STICKS:  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 100 G OF COMPOSITION PER  ITEM.  SPARKLERS  TYPICALLY  USE
BARIUM  NITRATE  AS  THE  OXIDIZER, WITH ALUMINUM AND DEXTRINE AS FUELS.
IRON FILINGS PRODUCE THE SPARK  EFFECT.  COLOR-PRODUCING  SPARKLERS  USE
POTASSIUM  PERCHLORATE  OXIDIZER.  ANY SPARKLER CONTAINING A CHLORATE OR
PERCHLORATE AS AN OXIDIZER IS LIMITED TO A MAXIMUM OF 5 G OF COMPOSITION
PER ARTICLE. SPARKLERS MUST BE PACKAGED IN INNER PACKAGING THAT  CONTAIN
EIGHT DEVICES OR LESS TO BE TRANSPORTED AS NOT REGULATED DEVICES, OR
  (III)  TOY  PLASTIC  OR  PAPER CAPS FOR TOY PISTOLS IN SHEETS, STRIPS,
ROLLS, OR INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE  OF  0.25
GRAINS  (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE DESCRIBED
AS TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE  APPROVED
FOR  TRANSPORTATION  USING  THE  PROCEDURE  SPECIFIED IN TITLE 49 CFR, S
173.56(B).
  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
FIRE-WORKS 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 DEVICES AS  DEFINED  IN  PARAGRAPH
(C-1)  OF SUBDIVISION ONE OF THIS SECTION 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 DEVICES DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF THIS SECTION WHILE IN  POSSESSION  OF  RAIL-
ROADS,  COMMON  OR  CONTRACT CARRIERS, RETAILERS, WHOLESALERS, DISTRIBU-
TORS, JOBBERS AND TRANSPORTATION COMPANIES  OR  TRANSPORTATION  AGENCIES
FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE STATE, THE SHIP-
MENT  OF WHICH IS NOT PROHIBITED BY INTERSTATE COMMERCE COMMISSION REGU-
LATIONS AS FORMULATED AND PUBLISHED FROM TIME TO TIME,  UNLESS  THEY  BE
HELD VOLUNTARILY BY SUCH RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL-
ERS,  WHOLESALERS,  DISTRIBUTORS, JOBBERS AND TRANSPORTATION AGENCIES OR
TRANSPORTING COMPANIES AS WAREHOUSEMEN FOR DELIVERY TO POINTS WITHIN THE
STATE;

S. 4718--A                          6

  (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 DEVICES DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF THIS SECTION FOR  THE  USE  THEREOF  BY  THE
UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE AND FEDERAL GOVERN-
MENT;
  (V)  THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS FIRE-
WORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF  THIS
SECTION  AND SPECIAL EFFECTS MATERIALS IN CONNECTION WITH THE PRODUCTION
OF 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.
  (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 DEVICE DEFINED IN
PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS  SECTION  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;
  (III)  THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE OF
FIREWORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION  ONE  OF
THIS  SECTION  IN  THE  PREPARATION  FOR  OR  IN  CONNECTION WITH MOTION
PICTURES, TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTERTAINMENT  MEDIA
RECORDED  IN  ANY CURRENT OR TO BE DESIGNED FORMAT WHEN SUCH USE, TRANS-
PORTATION AND STORAGE HAS BEEN  APPROPRIATELY  PERMITTED  BY  THE  LOCAL
GOVERNMENTAL SUBDIVISION HAVING JURISDICTION; OR
  (IV)  THE MANUFACTURE OR SALE OF DEVICES DEFINED IN PARAGRAPH (C-1) OF
SUBDIVISION ONE OF THIS SECTION 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.
  S  2.  Subdivision  5 of section 405.00 of the penal law 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, MUNICIPALITY OR OTHER LOCAL  JURISDICTION  SHALL
ENACT  A  LOCAL  LAW THAT IS INCONSISTENT WITH THE PROVISIONS OF SECTION
270.00 OF THIS CHAPTER NOR TO  REGULATE  DEVICES  DEFINED  IN  PARAGRAPH
(C-1)  OF  SUBDIVISION  ONE OF SECTION 270.00 OF THIS CHAPTER THAT IS IN
CONFLICT WITH THE PROVISIONS OF NFPA 1124, 2006 EDITION OR LATER.
  S 3. Subdivision 19 of section 156 of the executive law, as renumbered
by chapter 615 of the laws of 2006, is renumbered subdivision 20  and  a
new subdivision 19 is added to read as follows:
  19.  LICENSE  THE  MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, RETAILERS
AND SEASONAL RETAILERS OF SPARKLING DEVICES  WHO  WISH  TO  DO  BUSINESS
WITHIN THE STATE.

S. 4718--A                          7

  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.
  (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 (I) OF
PARAGRAPH (C-1) 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  THE  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 MUST
BE  NOTARIZED AND MUST INCLUDE THE FOLLOWING INFORMATION: BUSINESS NAME;
ADDRESS; TELEPHONE NUMBER; OFFICERS, 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 NOT TO EXCEED FIVE THOU-
SAND DOLLARS. EACH SPECIALTY RETAILER MUST PAY  AN  ANNUAL  REGISTRATION
FEE  TO  BE  SET  BY  THE OFFICE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED
DOLLARS. EACH PERMANENT RETAILER SHALL PAY AN ANNUAL REGISTRATION FEE TO
BE SET BY THE OFFICE NOT TO EXCEED TWO HUNDRED DOLLARS FOR  EACH  RETAIL
LOCATION  REGISTERED. EACH TEMPORARY SEASONAL RETAILER MUST PAY A REGIS-
TRATION FEE TO BE SET BY THE 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.

S. 4718--A                          8

  (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-
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. SALES  OF  SPARKLING  DEVICES  AS
DEFINED  IN  SUBPARAGRAPH  (I)  OF PARAGRAPH (C-1) OF SUBDIVISION ONE OF
SECTION 270.00 OF THE PENAL  LAW  SHALL  BE  LAWFUL  ONLY  FOR  BUSINESS
LICENSED BY THE STATE UNDER SECTION ONE HUNDRED FIFTY-SIX-H OF THE EXEC-
UTIVE   LAW   BETWEEN  JUNE  FIRST  AND  JULY  FIFTH  OR  FROM  DECEMBER
TWENTY-SIXTH THROUGH JANUARY SECOND OF EACH YEAR.
  S 6. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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