For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS.
(1) Any combustible or explosive composition, or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, day-go bombs or other FIREWORKS of like construction and any FIREWORKS containing any explosive or flammable compound or any tablets or other devices containing any explosive substance.
(2) The term FIREWORKS shall not include model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable aero models and shall not include toy pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured in accordance with United States Department of Transportation regulations for the packing and shipping of toy paper or plastic caps are used and toy paper or plastic caps manufactured as provided therein, the sale and use of which shall be permitted at all times. Each package containing toy paper or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap.
(3) The following sparklers and novelties shall not be considered FIREWORKS and require a business registration fee be paid to be authorized to sell, as provided in W. Va. Code § 11-12-86:
(a) Explosive caps designed to be fired in toy pistols, provided that the explosive mixture of the caps shall not exceed one-fourth of a grain for each cap;
(b) Snakes and glow worms composed of pressed pellets of a pyrotechnic mixture that produce a large, snake-like ash when burning;
(c) Smoke devices consisting of a tube or sphere containing a pyrotechnic mixture that produces white or colored smoke;
(d) Trick noisemakers which produce a small report designed to surprise the user, and which include:
1. A PARTY POPPER, which is a small plastic or paper item containing not in excess of one-fourth of a grain of explosive mixture. A string protruding from the device is pulled to activate the device, expelling paper streamers and producing a small report;
2. A SNAPPER or DROP-POP, which is a small, paper-wrapped item containing not more than one-fourth of a grain of explosive mixture coated on small bits of sand. When dropped, the device produces a small report; and
3. A STRING POPPER, which is a small tube containing not in excess of one-fourth of a grain of explosive mixture with a string protruding from both ends. The strings are pulled to activate the friction-sensitive mixture, producing a small report.
(e) Wire sparklers consisting of a wire or stick coated with a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition. These items must not exceed 100 grams of mixture per item; and
(f) Other sparkling devices which emit showers of sparks and sometimes a whistling or crackling effect when burning, do not detonate or explode, are handheld or ground-based, cannot propel themselves through the air and contain not more than 75 grams of chemical compound per tube or not more than a total of 200 grams if multiple tubes are used; provided, that sparklers and sparkler devices as provided for herein shall not be sold to anyone below the age of 16 years old.
(Ord. 9-135, passed 10-11-2022) Penalty, see § 93.99