(A) It is unlawful to offer for sale, possess, expose for sale, sell at retail, or use or explode any fireworks.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS.
(a) Includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and includes, but is not limited to:
1. Blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used;
2. The type of unmanned balloons which require fire underneath to propel the same;
3. Firecrackers;
4. Torpedoes;
5. Skyrockets;
6. Roman candles;
7. Daygo bombs;
8. Other fireworks of like construction; and
9. Any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance.
(b) 1. FIREWORKS expressly does not include:
a. Model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models;
b. 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 packing and shipping of toy paper or plastic caps are used; and
c. Toy paper or plastic caps manufactured as provided in United States Department of Transportation regulations for packing and shipping of toy paper or plastic caps.
2. The sale and use of these items is permitted by W.Va. Code § 29-3-23, as amended by 1995 W.Va. Acts Ch. 115, S.B. 482 at all times. However, the W.Va. Code § 29-3-23 specifies that each package containing toy paper or plastic caps offered for retail sale must be labeled to indicate the maximum explosive content per cap.
(c) 1. The following sparklers and novelties are not considered to be FIREWORKS after June 8, 1995. However, a sparklers and novelties registration certificate is required to sell the following items after June 8, 1995:
a. Explosive caps designed to be fired in toy pistols, provided the explosive mixture of the caps does not exceed 0.25 of a grain for each cap;
b. Snake and glow worms composed of pressed pellets of a pyrotechnic mixture that produce a 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:
i. A party popper, which is a small plastic or paper item containing not in excess of 0.25 of a grain of explosive mixture, and which has a string protruding from the device which is pulled to activate the device, expelling paper streamers and producing a small report;
ii. A string popper, which is a small tube containing not in excess of 0.25 of a grain of explosive mixture that has a string protruding from both ends which is pulled to activate the friction-sensitive mixture, producing a small report; and
iii. A snapper or drop pop, which is a small paper wrapped item containing no more than 0.25 of a grain of explosive mixture coated on small bits of sand that, when dropped, produces a small report.
e. Wire sparklers consisting of wire or stick coated with a nonexplosive pyrotechnic mixture of 100 grams or less per item, that produces a shower of sparks upon ignition; 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 hand-held 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.
2. These sparklers and sparkler devices may not be sold to anyone under the age of 16.
(C) Any business that has a current state business registration certificate and desires to sell sparklers and novelties in the state, after June 8, 1995, must obtain a sparklers and novelties registration certificate from the Tax Commissioner prior to offering such items for sale. The fee for this certificate is $15 per registration year.
(D) All sparklers and novelties registration certificates expire on June 30 of the registration year (July 1 through June 30) for which the certificate is issued, regardless of when the sparklers and novelties registration certificate becomes effective.
(E) A separate sparklers and novelties registration certificate must be obtained for each business location in this state from which such items will be sold, and a $15 sparkler and novelty registration fee must be paid for each certificate.
(F) Under W.Va. Code § 11-12-86, this $15 fee may not be prorated based upon when during the business registration year the sparklers and novelties registration fee is paid or the sparklers and novelties registration certificate becomes effective. Consequently, a business that wants to sell sparklers and novelties after June 8, 1995, and after June 30, 1995, must pay a $30 registration fee for a registration certificate covering the period June 9, 1995, through June 30, 1996.
(G) (1) A business that wants to sell sparklers and novelties in the state must have a business registration certificate for the current registration year and a sparklers and novelties registration certificate for that year. Both certificates are issued by the Tax Commissioner.
(2) A business that has a current business registration certificate and wants to sell sparklers and novelties after June 8, 1995, and after June 30, 1995, must apply to the Tax Commissioner for a sparklers and novelties registration certificate in sufficient time for the application to be received and processed by the Department and for the registration certificate to be delivered, by mail, to the applicant. The fee for a sparklers and novelties registration certificate covering the period June 9, 1995, through June 30, 1996, is $30.
(3) A business that has a current business registration certificate and wants to sell sparklers and novelties only after June 30, 1995, must apply to the Tax Commissioner for a sparklers and novelties registration certificate in sufficient time for the application to be received and processed by the Department and for the registration certificate to be delivered, by mail, to the applicant. The fee for a sparklers and novelties registration certificate covering the period July 1, 1995, through June 30, 1996, is $15. (Renewals of business registration certificates will be handled like they have been handled in prior years.)
(4) A business that does not have a current business registration certificate and wants to sell sparklers and novelties after June 8, 1995, must file Form 8.01, application for business registration, found at https://tax.wv.gov/Documents/TaxForms/brt803.pdf, and an application for a sparklers and novelties registration certificate.
(5) If a business has two or more business locations in this state from which sparklers and novelties will be sold, each business location must have a business registration certificate and a sparklers and novelties registration certificate.
(6) Applications for a sparklers and novelties registration certificate may be obtained from the Taxpayer Services Division of the Department of Tax and Revenue.
(H) Except as hereinafter provided, no person, firm, co-partnership or corporation shall offer for sale, possess, expose for sale, sell at retail, keep with intent to sell at retail, or use or explode any fireworks, provided, permits for the supervised display of fireworks may be granted upon application to the State Fire Marshal and after approval of the Police and Fire Chiefs, and the filing of a bond by the applicant as provided hereinafter. Every such display shall be handled by a competent operator licensed or certified as to competency by the State Fire Marshal and shall be of such composition, character, and so located, discharged or fired as in the opinion of the Fire Chief, after proper inspection, and of the Police Chief shall not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. The Mayor shall require a bond from the licensee in a sum not less than $1,000 conditioned on compliance with the provisions of this section and W.Va. Code Art. 29-3 and the regulations of the State Fire Commission, provided, that the municipality shall not be required to file such bond. Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefor shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof, in such amount, character and form as the State Fire Marshal determines to be necessary for the protection of the public.
(W.Va. Code § 29-3-24) (1986 Code, § 545.10) (Ord. passed - -) Penalty, see § 138.99