Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Authorizes the sale and possession of certain fireworks.
CURRENT VERSION OF TEXT
An Act concerning the sale and possession of certain fireworks and amending R.S.21:2-2, R.S.21:2-3, and R.S.21:3-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.21:2-2 is amended to read as follows:
21:2-2. As used in this chapter:
"Fireworks" include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, but shall not include sparkling devices and novelties.
"Fireworks factory building" means any building or other structure in which the manufacture of fireworks, other than sparklers, or in which any processing involving fireworks other than sparklers, is carried on.
"Fireworks plant" means and includes all lands, with buildings thereon, used in connection with the manufacturing or processing of fireworks, as well as storehouses located thereon for the storage of finished fireworks.
"Highway" means any public street, public alley, public road, or navigable stream.
"Navigable streams" mean streams susceptible of being used, in their ordinary condition, as highways of commerce, over which trade and travel are or may be conducted in the customary modes, but shall not include streams which are not capable of navigation by barges, tugboats, and other large vessels.
"Railroad" means any steam, electric or other railroad which carries passengers for hire, but shall not include sidings or spur tracks installed primarily for the use of the fireworks plant.
“Sparkling devices and novelties” means:
a. a wood stick or wire sparkler of not more than 100 grams of pyrotechnic mixture per item;
b. a hand held or ground based sparkling device which is non-explosive and non-aerial, which may produce a crackling or whistling effect, and contain 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes; and
c. snakes and glow worms, smoke devices, and trick noisemakers, which include party poppers, snappers, and drop pops, each consisting of 25/100 grains or less of explosive mixture.
2. R.S.21:2-3 is amended to read as follows:
"Dangerous fireworks" [mean and include] means the following:
Toy torpedoes containing more than 5 grains of an explosive composition.
Paper caps containing more than .35 grain of explosive composition.
Firecrackers or salutes exceeding 5 inches in length or 3/4 inch in diameter.
Cannons, canes, pistols or other devices designed for use otherwise than with paper caps.
Any fireworks containing a compound or mixture of yellow or white phosphorous or mercury.
Any fireworks that contain a detonator or blasting cap.
Fireworks compositions that ignite spontaneously or undergo marked decomposition when subjected for 48 consecutive hours to a temperature of 167` Fahrenheit.
Fireworks that can be exploded en masse by a blasting cap placed in one of the units or by impact of a rifle bullet or otherwise.
Fireworks, such as [sparklers or] fusees, containing a match tip, or head, or similar igniting point or surface, unless each individual tip, head or igniting point or surface is thoroughly covered and securely protected from accidental contact or friction with any other surface.
Fireworks containing an ammonium salt and a chlorate.
3. R.S.21:3-2 is amended to read as follows:
21:3-2. a. It shall be unlawful for any person to offer for sale, expose for sale, sell, possess or use, or explode any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of balloon which requires fire underneath to propel the same; firecrackers; torpedoes; skyrockets, Roman candles, bombs, [sparklers] or other fireworks of like construction, or any fireworks 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 detonation, other than aviation and railroad signal light flares [, except (a) that] .
b. Notwithstanding subsection a. of this section, it shall be lawful for [any] a person to offer for sale, expose for sale, sell, store, possess, or use [, or explode any] :
(1) a toy pistol, toy cane, toy gun, or other device in which paper or plastic caps containing .25 grain or less of explosive compound per cap 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 or plastic caps which contain less than .20 grain of explosive mixture per cap;
(2) sparkling devices and novelties as defined in R.S.21:2-2. Sparkling devices and novelties, including their sale or use, shall not be subject to further regulation by a municipality pursuant to R.S.40:48-1, except that the storage and sale of items listed in this paragraph shall be consistent with the standards set forth in NFPA 1124 National Fire Protection Association Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition; and
[(b)] (3) any item or device as otherwise provided in this chapter [further provided].
c. Except as otherwise may be provided in this chapter, it shall be lawful to sell fireworks to a person only if that person is named as the authorized purchaser in a valid permit issued pursuant to R.S.21:3-3 or that person is the owner, manager, or designated employee acting as the agent of the owner or manager, of a legally operated commercial enterprise registered pursuant to section 10 of P.L.1991, c.55 (C.21:2-37), and the permit is presented to the manufacturer, seller or distributor at the time of purchase. If the manufacturer, seller or distributor is located in a state other than this State, a purchase shall be by mail order form and a photocopy of the valid permit or registration shall be submitted with the form to satisfy the requirement in this paragraph.
(cf: P.L.1991, c.55, s.4)
4. This act shall take effect immediately.
This bill allows the sale, possession, storage, and use of certain sparklers and other non-exploding, non-aerial fireworks.
Current law prohibits the sale, possession, or use of fireworks other than by an authorized purchaser with a valid permit to purchase fireworks for public display as approved by a municipality. A person who unlawfully sells fireworks is guilty of a fourth degree crime, which is punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both. A person who unlawfully purchases, possesses, or uses fireworks is guilty of a petty disorderly persons offense. Petty disorderly persons offenses are punishable by up to 30 days imprisonment, a fine of up to $500, or both.
This bill authorizes the sale, possession, and use of sparklers, snakes and glow worms, smoke devices, and trick noisemakers, including party poppers, snappers, and drop pops. In addition, the bill prohibits the regulation of these non-exploding, non-aerial fireworks by a local governing body. The storage and sale of these items is to be consistent with the standards set forth in NFPA 1124 National Fire Protection Association Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition.