NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1102C
SPONSOR: Kolb (MS) 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 possession and outdoor use of
certain consumer fireworks by a person holding a valid permit issued by
a local municipality.
SUMMARY OF SPECIFIC PROVISIONS: Creates a new section, See. 405.02,
of the Penal Law, as follows:
Part 1. Allows that certain 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 certain
consumer fireworks: Fees will be determined by the local municipality
and defined as a reasonable rate. Said permit may be issued to an indi-
vidual who is eighteen years of age or older and who holds valid proof
of completion of an approved consumer fireworks safety course. Such
safety course must be renewed every 3 years. The local municipality may
choose to deny or revoke the permit for any legitimate reason including,
but not limited to, space, weather, competing events, or other.
Part 3. The approved fireworks safety course must be taught by instruc-
tors of a fireworks safety group recognized and approved by the American
Pyrotechnics Association. Such proof shall be issued upon completion of
the course and will be valid for three years from the date of issue.
Part 4. "Consumer Fireworks" shall. mean and include any combustible or
explosive composition or any substance or combination of substances
intended to produce visible and/or audible effects by combustion and
which is suitable for use by the public complying with requirements
promulgated by the consumer products safety commission (CPSC) in 16 CFR
and which complies with "Consumer fireworks" regulations as defined in
the American Pyrotechnics Association (APA) Standard 87-1, 2001 edition,
or any successor standard.
Part 5. The use and possession of consumer fireworks shall not be
subject to the provisions of Part 61 of the NYCRR or to sections 481,
482, or 483 of the general business law.
Part 6. Permits issued under this legislation do not permit the use of
firecrackers, chasers, sky rockets, bottle rockets, missile type rockets
or re-loadable tube aerial shell kits as defined in APA sections 87-1,
3.1.2.1 through 3.1.2.2 and 3.1.2.6 through 3.1.3.2 and in 16CFR,
Section 405, or any devices deemed a violation of any local ordinances.
Part 7. Prohibits the issuing of permits for certain 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
remove those persons holding a lawful permit to use consumer fireworks
from prosecution under this section of law.
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
certain consumer fireworks.
Section 4. States the effective date.
JUSTIFICATION: This bill is being proposed to: 1) define consumer
fireworks; 2) clarify language pertaining to dangerous fireworks; 3)
provide for the sale and possession of consumer fireworks; 4) provide
authorization at the local municipal level (less than a million popu-
lation) to issue firework permits; provide an alternative revenue gener-
ation method for some local municipalities (less than a million popu-
lation); 6) provide for additional state revenues; 7) call for the
creation of a consumer fireworks safety educations course; and 8) foster
job opportunities and economic growth pertaining to some consumer, fire-
works.
New York State is just one of four states (DE, MA, NY, and NJ) left in
the United States with a complete ban on 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 regu-
lations by banning large explosive devices which prove to be the most
harmful (i.e. ashcans, cherry bombs, silver salutes, 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 importa-
tion of safe fireworks into this country. Beginning in 1994, the Ameri-
can 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 (OPSC) statistics show
that injury and death caused by, fireworks used by consumers has been
reduced in recent years as a result of the aforementioned standards and
guidelines. From 1976 to 2007, fireworks usage increased 920% while the
injury rate declined over 90%. Data from the United States Fire Service
showed that short circuits, properly operated electrical equipment and
engine backfires caused more fires and subsequent dollar loss than fire-
works. Multiple tube aerial devices, for example, have a stable base,
consistent trajectory, and go up "hot" but come, down "cold". According
to CPSC, statistics, they have the same safety record as fountains. APA
statistics show them to be safer than fountains. Studied show that when
an individual is given the opportunity to purchase fireworks legally,
coupled with safety education. Injuries are substantially reduced as
opposed to an individual who purchases fireworks illegally and does not
receive this education.
PRIOR LEGISLATIVE HISTORY: New bill, similar to A.9006-6/S.5902-6 of
2010 - Referred to Codes.
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. More effective utili-
zation of law enforcement because of more clear definition of terms.
EFFECTIVE DATE: This act shall take effect in 90 days after becoming
law and notification by the NYS Department of taxation to sales tax
vendors.
STATE OF NEW YORK
________________________________________________________________________
1102--C
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. KOLB -- Multi-Sponsored by -- M. of A. CALHOUN,
GIGLIO, HAWLEY -- read once and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to issuing permits for
outdoor use of certain consumer fireworks
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 405.02 to
2 read as follows:
3 § 405.02 Permits for outdoor use of certain consumer fireworks.
4 1. Notwithstanding the provisions of section 270.00 of this chapter
5 consumer fireworks as defined in this section may be possessed and used
6 outdoors by a person holding a valid permit issued by a local munici-
7 pality under this section.
8 2. The permit authority of a city, village or town may upon applica-
9 tion in writing and the payment of a reasonable fee, as determined by
10 the permitting authority, issue a permit for the outdoor use of consumer
11 fireworks. A permit may be issued to a person who is eighteen years of
12 age or older and has valid proof of completion of a consumer fireworks
13 safety course within the past three years, pursuant to subdivision three
14 of this section. The permit authority shall reserve the right to deny
15 or revoke any permit for any legitimate reason including, but not limit-
16 ed to, space, weather, noise, competing event(s) or other.
17 3. The consumer fireworks safety course must be taught by a fireworks
18 group, organization or company recognized by the American Pyrotechnics
19 Association. Upon the completion of such safety course, a proof of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00619-04-1
A. 1102--C 2
1 completion shall be issued and shall be valid for three years from the
2 date of issuance.
3 4. "Consumer fireworks" shall mean and include:
4 (a) any combustible or explosive composition or any substance or
5 combination of substances, intended to produce visible and/or audible
6 effects by combustion; and
7 (b) which is suitable for use by the public by complying with the
8 construction, performance, composition and labeling requirements promul-
9 gated by the consumer products safety commission (CPSC) in 16 CFR,
10 relating to commercial practice, or any successor regulation, and which
11 complies with the provisions for "consumer fireworks" as defined in the
12 American Pyrotechnics Association (APA) Standard 87-1, 2001 edition
13 3.1.1.1 through 3.1.1.8, 3.1.2.3 through 3.1.2.5 and 3.2.1 through 3.2.5
14 or any successor standard.
15 5. The use and possession of consumer fireworks shall not be subject
16 to the provisions of Part 61 of Title 12 of the NYCRR or to sections
17 four hundred eighty-one, four hundred eighty-two or four hundred eight-
18 y-three of the general business law.
19 6. Any permit issued pursuant to this section shall not be deemed to
20 permit:
21 (a) the use of firecrackers, chasers, sky rockets, bottle rockets,
22 missile type rockets or reloadable tube aerial shell kits as defined in
23 APA sections 87-1, 3.1.2.1 through 3.1.2.2 and 3.1.2.6 through 3.1.3.2
24 and in 16 CFR, S405, and ground based fireworks as defined in APA
25 sections 87-1, 3.1.1.1 through 3.1.1.8 and 3.2.1 through 3.25; or
26 (b) the holder to violate any local ordinances.
27 7. This section shall not apply to cities with a population over one
28 million or more people.
29 § 2. Subdivision 2 of section 270.00 of the penal law, as amended by
30 chapter 180 of the laws of 1997, is amended to read as follows:
31 2. Offense. (a) Except as herein otherwise provided, or except where a
32 permit is obtained pursuant to section 405.00 or 405.02; (i) any person
33 who shall offer or expose for sale, sell or furnish, any fireworks or
34 dangerous fireworks is guilty of a class B misdemeanor;
35 (ii) any person who shall offer or expose for sale, sell or furnish
36 any fireworks or dangerous fireworks valued at five hundred dollars or
37 more shall be guilty of a class A misdemeanor;
38 (b) (i) Except as herein otherwise stated, or except where a permit is
39 obtained pursuant to section 405.00 or 405.02, any person who shall
40 possess, use, explode or cause to explode any fireworks or dangerous
41 fireworks is guilty of a violation.
42 (ii) A person who shall offer or expose for sale, sell or furnish, any
43 dangerous fireworks to any person who is under the age of eighteen is
44 guilty of a class A misdemeanor.
45 (iii) A person who has previously been convicted of a violation of
46 subparagraph (ii) of this paragraph within the preceding five years and
47 who shall offer or expose for sale, sell or furnish, any dangerous fire-
48 works to any person who is under the age of eighteen, shall be guilty of
49 a class E felony.
50 (c) Possession of fireworks or dangerous fireworks valued at one
51 hundred fifty dollars or more shall be a presumption that such fireworks
52 were intended to be offered or exposed for sale.
53 § 3. Section 405.00 of the penal law is amended by adding a new subdi-
54 vision 6 to read as follows:
A. 1102--C 3
1 6. Section not applicable to consumer fireworks. The provisions of
2 this section shall not apply to the use and possession of consumer fire-
3 works as such term is defined in section 405.02 of this article.
4 § 4. This act shall take effect on the ninetieth day after it shall
5 have become a law.
