(A) Definitions. For the purposes of this article, the following definitions shall apply unless the context indicates or clearly requires a different meaning.
“COMMON FIREWORKS.” Fireworks suitable for use by the public and designed primarily to produce visible effects by combustion and must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission. The types, sizes, and amount of pyrotechnic contents of these devices are limited as enumerated by this article. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing fifty (50) milligrams or less of explosive composition, and aerial devices containing one hundred thirty (130) milligrams or less of explosive composition. “COMMON FIREWORKS” are classified as Class C explosives by the U.S. Department of Transportation and include the following:
(1) Ground and hand-held sparking devices.
(a) Dipped stick-sparkler. Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition may not exceed one hundred (100) grams per item. Those devices containing any perchlorate or chlorate salts may not exceed five (5) grams of pyrotechnic composition per item. Wire sparklers which contain no magnesium and which contain less than one hundred (100) grams of composition per item are not included in this category, in accordance with DOT regulations.
(b) Cylindrical fountain. Cylindrical tube not more than three-fourths (3/4) inch (19 millimeters) inside diameter, containing up to seventy-five (75) grams of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect, 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, if intended to be hand-held (handle fountain).
(c) Cone fountain. Cardboard or heavy paper cone containing up to fifty (50) grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain.
(d) Illuminating torch. Cylindrical tube containing up to one hundred (100) grams of pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base, or hand-held.
(e) Wheel. Pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six (6) driver units: tubes not exceeding one-half (1/2) inch (12.5 millimeters) inside diameter and containing up to sixty (60) grams of pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect.
(f) Ground spinner. Small device similar to a wheel in design and effect and placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
(g) Flitter sparkler. Narrow paper tube filled with pyrotechnic composition that produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one (1) end of the tube is ignited to make the device function.
(2) Aerial devices.
(a) Sky rocket. Tube not exceeding one-half (1/2) inch (12.5 millimeters) inside diameter that may contain up to twenty (20) grams of pyrotechnic composition. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of flight.
(b) Missile-type rocket. A device similar to a sky rocket in size, composition, and effect that uses fins rather than stick for guidance and stability.
(c) Helicopter, aerial spinner. A tube not more than one-half (1/2) inch, (12.5 millimeters) inside diameter and containing up to twenty (20) grams of pyrotechnic composition. A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight.
(d) Roman candles. Heavy paper or cardboard tube not exceeding three- eighths (3/8) inch, (9.5 millimeters) inside diameter and containing up to twenty (20) grams of pyrotechnic composition. Upon ignition, up to ten (10) stars (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals.
(e) Mine, shell. Heavy cardboard or paper tube up to two and one half (2 ½) inches (63.5 millimeters) inside diameter attached to a wood or plastic base and containing up to forty (40) grams of pyrotechnic composition. Upon ignition, stars, firecrackers, or other devices are propelled into the air. The tube remains on the ground.
(3) Audible ground devices.
(a) Firecrackers, salutes. Small paper-wrapper or cardboard tube containing not more than fifty (50) milligrams of pyrotechnic composition. Upon ignition, noise and a flash or light is produced.
(b) Chaser. Small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced. The explosive composition used to create the noise may not exceed fifty (50) milligrams.
(4) Combination items. Firework devices containing combinations of two (2) or more of the effects described in categories (1), (2), and (3) above.
(KRS 227.702)
“FIREWORKS.” Any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “COMMON” or “SPECIAL FIREWORKS” as set forth in the U.S. Department of Transportation’s (DIT) hazardous materials regulations.
(1) Exception number 1: Toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps manufactured in accordance with DOT regulations, and packed and shipped according to said regulations, are not considered to be fireworks and shall be allowed to be used and sold at all times.
(2) Exception number 2: Model rockets and model rocket motor designed, sold, and used for the purpose of propelling recoverable aero models are not considered to be fireworks.
(3) Exception number 3: Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as being designed for producing audible effects.
(KRS 227.700)
“NOVELTIES” and “TRICK NOISEMAKERS.” Those items listed below and which are not classified as “COMMON FIREWORKS” by the U.S. Department of Transportation.
(1) Snake, glow worm. Pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.
(2) Smoke device. Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(3) Wire sparkler. Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed one hundred (100) grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five (5) grams per item.
(4) Trick noisemaker. Item that produces a small report intended to surprise the user. These devices include:
(a) Party popper. Small plastic or paper item containing not more than sixteen (16) milligrams of explosive composition that is friction sensitive. A stick protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.
(b) Booby trap. Small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.
(c) Snapper. Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes producing a small report.
(d) Trick match. Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match a small report or a shower of sparks is produced.
(e) Cigarette load. Small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one (1) of the pegs, a small report is produced.
(f) Auto burglar alarm. Tube which contains pyrotechnic composition that produces a loud whistle or smoke, or both, when ignited. A small quantity of explosive, not exceeding fifty (50) milligrams may also be used to produce a small report. A squib is used to ignite the device.
(KRS 227.704)
“SPECIAL FIREWORKS.” Large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, firecrackers containing more than two (2) grains (130 milligrams) of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as “COMMON FIREWORKS”. “SPECIAL FIREWORKS” are classified as Class B explosives by the U.S. Department of Transportation.
(KRS 227.706)