For the purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
FIREWORKS. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of "consumer fireworks" items referenced in I.C. 22-11-14-8(a) and "special fireworks." The following items are excluded from the definition of fireworks: model rockets, toy pistol caps, emergency signal flares, matches, fixed ammunition for firearms, ammunition components intended for use in firearms, muzzle loading cannons, or small arms, shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms, indoor pyrotechnics special effects material, M-80s, cherry bombs, silver salutes, and any device banned by the federal government.
(1) CONSUMER FIREWORK. A small firework that is designed primarily to produce visible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect.
(a)
Consumer fireworks include:
1. Aerial devices, which include sky rockets, missile-type rockets, helicopter or aerial spinners, roman candles, mines, and shells;
2. Ground audible devices, which include firecrackers, salutes, and chasers; and
3. Firework devices containing combinations of the effects described in divisions 1. and 2.
(b) Consumer fireworks do not include items referenced in I.C. 22-11-14-8(a).
(2) SPECIAL FIREWORKS. Fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than 130 milligrams of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as "consumer fireworks."
(I.C. 22-11-14-1) ('84 Code, § 91.01)