(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CONSUMERFIREWORK. 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. l507. 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 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. CONSUMERFIREWORKS shall:
(a) Include aerial devices, which include sky rockets, missile-type rockets, helicopter or aerial spinners, roman candles, mines, and shells; ground audible devices, which include firecrackers, salutes, and chasers; and firework devices containing combinations of the effects described in this division.
(b) Not include items referenced in I.C. 22-11-14-8.
(2) FIRECRACKER or SALUTE. A device that consists of a small paper-wrapped or cardboard tube containing not more than 50 milligrams of pyrotechnic composition and that produces, upon ignition, noise accompanied by a flash of light.
(3) FIREWORK.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 and special fireworks. The following items are excluded from the definition of FIREWORKS.
(a) Model rockets.
(b) Toy pistol caps.
(c) Emergency signal flares.
(d) Matches.
(e) Fixed ammunition for firearms.
(f) Ammunition components intended for use in firearms, muzzle-loading cannons, or small arms.
(g) Shells, cartridges, and primers for use in firearms, muzzle-loading cannons, or small arms.
(h) Indoor pyrotechnics special effects material.
(i) M-80s, cherry bombs, silver salutes, and any device banned by the federal government.
(4) SPECIALFIREWORKS.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)
(B) Every fireworks display shall be handled by a qualified operator approved by the Chief of the Fire Department, and shall be located, discharged, or fired as, in the opinion of the Chief of the Fire Department, after proper inspection, is not hazardous to property or persons A permit granted under this section is not transferable. A person may not possess, transport or deliver special fireworks, except as authorized by this section.
(I.C. 22-11-14-2)
(C) The Common Council shall require a certificate of insurance conditioned for the payment of all damages which may be caused either to a person or persons in an amount of not less than $10,000 and to property in an amount of not less than $10,000, by reason of the licensed display, and arising from any acts of the licensee, his agents, employees, or subcontractors. However, the Common Council may in its discretion require additional amounts of insurance coverage not to exceed $100,000 for damages caused to a person or persons, or $100,000 for damage to property.
(I.C. 22-11-14-3)