For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMON FIREWORKS. Fireworks suitable for use by the public and designed primarily to produce visible effects by combustion, and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Products Safety Commission. The types, sizes, and amount of pyrotechnic contents of these devices are limited as enumerated herein. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg. or less of explosive composition, and aerial devices containing 130 mg. or less of explosive composition. COMMON FIREWORKS are classified as Class C explosives by the United States Department of Transportation and include the following:
(1) Ground and hand-held sparkling devices.
(a) Dipped stick-sparkler. A stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition may not exceed 100 grams per item. Those devices containing any perchlorate or chlorate salts may not exceed five grams of pyrotechnic composition per item. Wire sparklers which contain no magnesium and which contain less than 100 grams of composition per item are not included in this category, in accordance with the U.S. Department of Transportation regulations.
(b) Cylindrical fountain. A cylindrical tube not more than three-fourths inch (19 mm) inside diameter, containing up to 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. A cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain.
(d) Illuminating torch. A cylindrical tube containing up to 100 grams of pyrotechnic composition. Upon ignition, colored fire is produced. It may be spike, base, or hand-held.
(e) Wheel. A pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six "driver" units: tubes not exceeding one-half inch (12.5 mm) inside diameter and containing up to 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. A 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. A 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 end of the tube is ignited to make the device function.
(2) Aerial devices.
(a) Sky rocket. A tube not exceeding one-half inch (12.5 mm) inside diameter that may contain up to 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 a stick for guidance and stability.
(c) Helicopter, aerial spinner. A tube not more than one-half inch (12.5 mm) inside diameter and containing up to 20 grams of pyrotechnic composition. Upon ignition, lifts the rapidly-spinning device into the air. A visible or audible effect is produced a the height of flight.
(d) Roman candles. A heavy paper or cardboard tube not exceeding three-eights inch (9.5 mm) inside diameter and containing up to 20 grams of pyrotechnic composition. Upon ignition, up to ten "stars" (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several-second intervals.
(e) Mine, shell. A heavy cardboard or paper tube up to 2½ inches (63.5 mm) inside diameter attached to wood or plastic base and containing up to 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. A small paper-wrapper or cardboard tube containing not more than 50 mg. of pyrotechnic composition. Upon ignition, noise and a flash of light is produced.
(b) Chaser. A 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 50 mg.
(4) Combination items. Firework devices containing combinations of two or more of the effects described in division (2)(a), (b), or (c) above.
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 United States Department of Transportation's hazardous materials regulations. FIREWORKS do not include the following:
(1) Toy pistols, toy cranes, toy guns, or other devices in which paper or plastic caps manufactured in accordance with the United States Department of Transportation's regulations, and which are packed and shipped according to the regulations, are not considered to be
FIREWORKS and shall be allowed to be used and sold at all times.
(2) Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models are not considered to be
FIREWORKS.
(3) Propelling or expelling charges consisting of mixture of sulfur, charcoal, and saltpeter are not considered as being designed for producing audible effects.
NOVELTIES AND TRICK NOISEMAKERS. Includes the following items, which are not classified as COMMON FIREWORKS by the United States Department of Transportation:
(1) Snake, glow worm. A 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. A tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(3) Wire sparkler. A wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five grams of composition per item.
(4) Trick noisemaker. An item that produces a small report intended to surprise the user. These devices include the following:
(a) Party popper. A small plastic or paper item containing not more than 16 mg. of explosive composition that is friction sensitive. A string protruding from the devices is pulled to ignite it, expelling paper streamers and producing a small report.
(b) Booby trap. A 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. A 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. A kitchen or book match that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced.
(e) Auto burglar alarm. A tube which contains pyrotechnic composition that produces a loud whistle or smoke, or both, when ignited. A small quantity of explosive, not exceeding 50 mg. may also be used to produce a small report. A squib is used to ignite the device.
SPECIAL FIREWORKS. Large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. SPECIAL FIREWORKS includes, but is not limited to, firecrackers containing more than two grains (130 mg.) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as COMMON FIREWORKS, as defined above. SPECIAL FIREWORKS are classified as Class B explosives by the United States Department of Transportation.
(Ord. O-23-95, passed 11-6-95)
Statutory reference:
For similar provisions, see KRS 227.702, 227.706