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

                                 6695--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2013
                               ___________

Introduced  by  M.  of  A.  MORELLE, LUPARDO, ZEBROWSKI -- read once and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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are REPEALED and three new subdivisions 1, 2, and 3 are added to read as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.
                                                           LBD09141-04-3

              

A. 6695--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

A. 6695--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

A. 6695--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.

A. 6695--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;

A. 6695--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.

A. 6695--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.

A. 6695--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.