For purposes of this chapter the following definitions shall apply:
APA 87-1. America Pyrotechnics Association Standard 87-1, December 2001 version.
CONSUMER FIREWORK. Small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations Parts 171 and 173, regulations of the United States Consumer Product Safety Commission as prescribed in 16 Code of Federal Regulations Parts 1500 and 1507, and the APA 87-1.
DISPLAY FIREWORK. Large firework devices that are explosive materials intended for use in firework displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations Part 172, regulations of the United States Consumer Product Safety Commission as prescribed in 16 Code of Federal Regulations Parts 1500 and 1507, and the APA 87-1.
FIREWORKS. Any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework.
The following are not fireworks:
(1) Toys and devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound are used and are constructed so that the hand cannot come in contact with the cap when in place for the explosion;
(2) Toy pistol paper caps containing less than twenty hundredths grains of explosive mixture, or fixed ammunition or primers therefore;
(3) Novelty items; and
(4) Permissible consumer fireworks.
NFPA 1124. The National Fire Protection Association code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles, 2013, published in August 2012.
NOVELTY ITEMS. Federally deregulated devices known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices, and sparklers.
PERMISSIBLE CONSUMER FIREWORKS.
(1) The following types of consumer fireworks as defined by the APA 87-1:
(a) Cone fountains;
(b) Cylindrical fountains;
(c) Flitter sparklers;
(d) Ground and handheld sparkling devices;
(e) Ground spinners;
(f) Illuminating torches;
(g) Multiple tube ground and handheld sparkling devices, cylindrical fountains, cone fountains, and illuminating torches manufactured in accordance with Section 3.5 of the APA 87-1;
(h) Toy smoke devices;
(i) Wheels; and
(j) Wire sparklers or dipped sticks.
(2) Does not include anything designed or intended to rise into the air and explode, to detonate in the air, or to fly above the ground including, but not limited to, firecrackers, bottle rockets, sky rockets, missile type rockets, helicopters, aerial spinners, torpedoes, roman candles, mine devices, shell devices, and aerial shell kits or reloadable tubes, all as defined in the APA 87-1.
PERSON. An individual, partnership, firm, or corporation.
(Ord. O2013-26, passed 5-1-13; Ord. O2018-015, passed 5-2-18; Ord. O2022-046, passed 9-21-22)