TITLE XII
PUBLIC SAFETY AND WELFARE
CHAPTER 160-C
PERMISSIBLE FIREWORKS
Section 160-C:1
160-C:1 Definitions. –
In this chapter:
I. ""Commissioner'' means the commissioner of the department of safety.
II. ""Consumer fireworks'' means consumer fireworks as defined in 27 C.F.R. section 55.11 and formerly known as class C common fireworks.
III. ""Display fireworks'' means display fireworks as defined in 27 C.F.R. section 55.11 and formerly known as class B special fireworks.
IV. ""Fireworks'' means fireworks as defined in 27 C.F.R. section 55.11.
V. ""Permissible fireworks'' means the items on the permissible fireworks list established pursuant to RSA 160-C:15, I, and the fireworks listed below, provided they meet all applicable federal rules, regulations, and standards:
(a) Cone fountain, meaning a cardboard or heavy paper cone which contains up to 50 grams of pyrotechnic composition, and which produces the same effect as a cylindrical fountain. Any fountain that is designed to be hand held shall not be considered permissible.
(b) Cylindrical fountain, meaning cylindrical tube not exceeding 3/4 inch in inside diameter and containing up to 75 grams of pyrotechnic composition, which produces a shower of color and sparks upon ignition, and sometimes a whistling effect. Cylindrical fountains may contain a spike to be inserted in the ground (spike fountain), or a wooden or plastic base to be placed on the ground (base fountain). Any fountain that is designed to be hand held shall not be considered permissible.
(c) Ground spinner, meaning a small spinning device containing up to 20 grams of pyrotechnic composition per driver with a maximum of 3 drivers, which is similar to wheels in design and effect when placed on the ground and ignited, and which produces a shower of sparks and color when spinning. Any ground spinner that is designed to lift off the ground or shoot upward shall not be considered permissible.
(d) Wheel, meaning a pyrotechnic device that:
(1) Is attached to a post or tree by means of a nail or string;
(2) Contains up to 6 driver units (tubes not exceeding 1/2 inch in inside diameter) containing up to 60 grams of pyrotechnic composition per driver unit; and
(3) Revolves, upon ignition, producing a shower of color and sparks and sometimes a whistling effect.
VI. ""Retail'' means the sale to any consumer or person not engaged in the business of making sales of fireworks.
VII. ""Sale'' or ""sell'' means to sell, give, or transfer to another, with or without consideration.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:2
160-C:2 Sale of Permissible Fireworks; Penalty. –
I. No person shall sell fireworks other than a person who meets all of the following requirements:
(a) Has a federal permit to sell display fireworks issued in accordance with Title 18 of the United States Code.
(b) Has a state license to sell permissible fireworks issued pursuant to RSA 160-C:3.
(c) Has a local permit to sell permissible fireworks issued pursuant to RSA 160-C:3.
II. No person shall sell permissible fireworks:
(a) To any person less than 21 years of age, unless the person is between 18 and 21 years of age and is on active duty with the United States armed forces or has been called to active service as a member of the state guard; or
(b) To any person who appears to be under the influence of alcohol or drugs.
III. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
Source. 1999, 348:14, eff. Jan. 21, 2000. 2009, 234:1, eff. July 16, 2009.
Section 160-C:3
160-C:3 Requirements for the Sale of Permissible Fireworks. –
I. Any person who desires to sell permissible fireworks shall apply to the municipality in which the permissible fireworks are to be sold. Such application shall be in a form prescribed by the commissioner. The licensing board of any municipality or, if one does not exist, the governing body may issue a permit to sell permissible fireworks to a person who applies, provided that the person has a valid permit for the sale of fireworks issued pursuant to Title 18 of the United States Code. No permit to sell permissible fireworks shall be issued by the governing body without the prior approval of the police chief, fire chief, and building inspector, if any, of the municipality. The municipality may charge a fee for the permit or application for permit under this section.
II. After the person has obtained a municipal permit to sell permissible fireworks, the person may apply for a state license to sell permissible fireworks. Upon application of any person, the commissioner or designee may issue a license authorizing the applicant to sell or market permissible fireworks in this state, provided the person has first obtained a permit to sell fireworks pursuant to RSA 160-C:3, I. The license shall bear the name, address, description, and signature of the licensee. The license shall be displayed at all times, openly and publicly, at the licensee's place of business. The license shall be valid for not more than one year from the date of issue and may be renewed on May 1 of the following year. The initial license fee shall be pro-rated to correspond with the initial date of issue.
II-a. Persons seeking a state license shall file an application with the commissioner which is in such form and contains such information as the commissioner may establish by rule, consistent with the purposes of this chapter.
II-b. Only individuals lawfully residing in the United States, or partnerships or limited liability companies organized under the laws of this state or authorized to transact business within the state, or corporations organized under the laws of one of the United States and currently registered to do business in New Hampshire shall be licensed under this chapter.
II-c. All license applications shall be made in the name of the proposed licensee and shall be signed and sworn to by the proposed licensee. In the case of a partnership, limited liability company, or corporate applicant, the application shall be signed and sworn to by all partners or an officer of the proposed licensee, or in the case of a limited liability company by each member if a natural person, or by a duly appointed representative of the membership if any other person, or by the manager of the limited liability company who must submit a copy of the written authorization of the limited liability company membership to sign the application.
II-d. An applicant intending to employ a trade name in the proposed business shall submit evidence with its application which demonstrates that the trade name is currently registered in New Hampshire.
II-e. A separate license application shall be filed with respect to each place of business sought by a single licensee.
II-f. The commissioner shall receive and evaluate sufficient information to identify and to evaluate the qualification of all persons with the de jure or de facto right to control the operations and policies of the proposed licensee. Among other things, license applications shall disclose fully and accurately:
(a) The applicant's identity, the applicant's permanent residence address in the case of an individual, and the applicant's principal place of business.
(b) The names and addresses of any persons who own or have the right to control an interest in the proposed licensee.
(c) Any agency agreement or other contract between the applicant and third persons intended to affect the operation of the proposed business, and the identity of the third party involved.
(d) The applicant's other business interests.
(e) The name, location, physical layout, and nature of the proposed business.
(f) All licenses issued to and all other license applications filed by the applicant and its principal owners pursuant to this chapter during the previous 5 years.
(g) The name and address of the actual manager of the proposed business and his or her qualifications to perform such work.
II-g. Corporate applicants shall disclose the names and permanent addresses of all directors, officers, and shareholders, except that corporations with more than 20 shareholders may disclose only those persons owning or controlling 5 percent or more of the outstanding shares. Limited liability company applicants shall disclose the names and permanent addresses of all members. Partnership applicants shall disclose the names and addresses of all partners, except that partnerships with more than 20 partners may disclose only those persons who are managing partners and those persons who own or control a partnership share of 5 percent of more. If the principal controlling shareholders, members, or partners are themselves owned or controlled by other persons, then the information required by this paragraph shall also be furnished for each such person until the person or persons with the ultimate legal right to control the applicant's proposed business have been fully identified. No license shall be issued under this section to any person who has been convicted of a felony, or to any partnership, limited liability company, or corporation when a partner, director, officer, member, or any other person with a controlling interest in the operation of the business has been convicted of a felony.
II-h. The commissioner shall not issue a license under this section unless the commissioner is satisfied that:
(a) The application is complete in all respects.
(b) The applicant, and any principal controlling owners, directors, or natural persons who are members of any business entity, or officers disclosed pursuant to paragraphs II-f and II-g, are at least 21 years of age.
(c) In the case of corporate, limited liability company, or partnership applicants controlled by persons who do not reside in the United States, the proposed business would not be managed in a manner which would unduly hinder the commissioner from exercising the commissioner's regulatory responsibilities. Inaccessibility of relevant records or unresponsiveness to inquiries which result from foreign control shall be grounds for revoking or suspending a license which has already been granted.
III. The state license may be issued to an applicant who, at the time such license is issued, possesses a permit issued in accordance with the provisions of Title 18, United States Code, governing fireworks, and a permit issued pursuant to RSA 160-C:3, I. No license shall be issued for the sale of permissible fireworks unless the applicant establishes that it will locate its business in a permanent structure which meets all applicable fire safety codes, building codes, zoning codes, and the requirements of local ordinances. No license for the sale of permissible fireworks shall be issued to any person who has been convicted of any offense involving fireworks or explosives within the 2-years prior to the application or who has been found to have violated any fireworks or explosives laws, rules, or regulations within the 2 years prior to the application. No license shall be issued to any person under 21 years of age.
IV. Buildings used for the sale of permissible fireworks shall be dedicated solely to the sale and storage of permissible fireworks and items relating to the sale and promotion of fireworks provided for in rules adopted by the commissioner pursuant to RSA 541-A and shall comply with the applicable requirements of the state fire code adopted pursuant to RSA 153:5.
V. Prior to the issuance of a state license, the department of safety may conduct a background investigation of the applicant and may conduct an inspection of the site, including all buildings, at which the permissible fireworks are to be sold or stored.
VI. If the application for a state license is denied, the reasons for such denial shall be stated in writing, in duplicate, the original of which shall be delivered to the applicant, and the copy thereof kept in the office of the department of safety.
VI-a. Any applicant denied a license under this chapter shall be granted a hearing by the commissioner, upon the applicant's request.
VII. The fee for a license for each location shall be $1,500 per year, payable annually to the department of safety for deposit into the fire standards and training and emergency medical services fund established in RSA 21-P:12-d for the purpose of funding the fireworks inspection program.
VIII. No person under the age of 21 shall be engaged in the business of handling or selling any permissible fireworks; provided, however, that a person less than 21 years of age but at least 18 years of age may handle and sell permissible fireworks at a licensed sales location if he or she is under the direct supervision of a person 21 years of age or older.
IX. Any person who knowingly provides false information to the department on an application for the sale of permissible fireworks as provided in this section shall be guilty of a misdemeanor.
X. No licensee shall employ a person to handle or sell fireworks who has been convicted of any offense involving fireworks or explosives within the past 2 years or who has been found to have violated any fireworks or explosives laws, rules, or regulations within the past 2 years.
XI. Nothing in this section shall preclude the sale of permissible fireworks to any other person engaged in the business of selling permissible fireworks.
Source. 1999, 348:14, eff. Jan. 21, 2000. 2004, 247:1, eff. Sept. 30, 2004. 2005, 4:1, eff. July 2, 2005. 2008, 17:2, eff. Jan. 1, 2009; 192:7, eff. June 11, 2008.
Section 160-C:4
160-C:4 Rulemaking. –
The commissioner shall adopt rules pursuant to RSA 541-A relative to:
I. The procedure and reasons for denying, suspending, or revoking an application or a license issued pursuant to RSA 160-C:3.
II. Insurance or other evidence of financial responsibility to be required of any person licensed under this chapter, except that no bonding requirement shall be imposed on retail sellers of permissible fireworks.
III. Forms for applications and local permits to sell permissible fireworks.
IV. Forms for applications and state licenses to sell permissible fireworks.
V. Requirements for the safe use, handling, and storage of permissible fireworks.
Source. 1999, 348:14, eff. Jan. 21, 2000. 2004, 247:5, eff. June 15, 2004.
Section 160-C:5
160-C:5 Enforcement. –
Upon application, the superior court or district court is authorized to permit the law enforcement officials or certified fire citation officers of the state, counties, or any city or town to seize, take, remove, or cause to be removed at the expense of the owner all stocks of permissible fireworks offered or exposed for sale, stored, or held in violation of this chapter. Nothing in this section shall be construed to restrict or limit any other authority granted by law to law enforcement officials or certified fire citation officers.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:6
160-C:6 Local Option. –
Any municipality in the state, by action of its local legislative body or local governing body, may vote to allow or to prohibit, within that municipality, the issuance of permits or licenses to sell permissible fireworks or the display or possession of permissible fireworks. If the municipality has voted to prohibit the issuance of permits or licenses or the display or possession of permissible fireworks prior to the effective date of this section, such decision shall remain in effect unless subsequent action is taken under this section.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:7
160-C:7 Civil Liability. –
In addition to any other penalties imposed under this chapter, any person who violates the provisions of this chapter shall be liable, in any civil action, to any person for damages resulting from the illegal sale or use of permissible fireworks, and neither assumption of risk nor contributory negligence shall be a defense for such violator.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:8
160-C:8 Immediate Suspension Authority. –
Notwithstanding any other provision of law to the contrary, the commissioner may immediately suspend a license issued pursuant to RSA 160-C:3 if the commissioner has evidence that the licensee is selling fireworks contrary to any of the provisions of RSA 160-C or any rules adopted under this chapter. Any person whose license is suspended pursuant to this section shall be given the opportunity for a hearing within 10 days of the suspension. Any person found to be selling permissible fireworks after the person's license has been suspended pursuant to this section shall not have the license reinstated for a minimum of one year from the date of suspension.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:9
160-C:9 Advertising. –
I. No person shall advertise permissible fireworks by means of radio, television, newspaper, flyer, catalog, billboard, mobile or stationary sign, or any other means in such a way as to confuse or mislead the public about:
(a) The conditions under which fireworks may be purchased.
(b) The conditions under which fireworks may be used.
(c) The requirements contained in RSA 160-B, 160-C, or any other provision of state or federal law or regulations.
II. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
III. Any advertisement for the sale of permissible fireworks shall at a minimum contain the words: ""Check with your local fire department to see if permissible fireworks are allowed in your community.''
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:10
160-C:10 Sales of Permissible Fireworks Allowed; Penalty. –
I. Any person who sells permissible fireworks shall post in a conspicuous place on the sales premises a list, prepared by the commissioner, of all municipalities in the state where the display or possession of permissible fireworks is prohibited.
II. Any person who sells permissible fireworks shall post in a conspicuous place on the sales premises a list prepared by the commissioner, of all permissible fireworks that are authorized for retail sale.
III. Any person who sells permissible fireworks shall post, in a prominent place within the public area of the store, a list with the appropriate United States Department of Transportation EX number of each item on the premises.
IV. Any person who violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:11
160-C:11 Possession and Display of Permissible Fireworks; Penalty. –
I. Notwithstanding RSA 160-B:4, a person who is 21 years of age or older may possess permissible fireworks except in a municipality which has voted to prohibit possession pursuant to RSA 160-C:6. A person who is 21 years of age or older may display permissible fireworks on private property with the written consent of the owner or in the owner's presence, except in a municipality which has voted to prohibit display of permissible fireworks pursuant to RSA 160-C:6.
II. Any person who violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:12
160-C:12 Distribution of Pamphlet Required. –
Any person engaged in selling permissible fireworks shall provide to the purchaser a pamphlet, approved by the commissioner, detailing the appropriate and safe use of the permissible fireworks being sold.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:13
160-C:13 Permissible Fireworks Review Committee. –
I. There is hereby established a permissible fireworks review committee. The composition of this committee shall be as follows: 2 senators, appointed by the senate president; 2 representatives, one of whom shall be a member of the house committee having jurisdiction over public safety, appointed by the speaker of the house; the director of the division of state police, or designee; the state fire marshal, or designee; 2 members representing the permissible fireworks industry, who shall be associated with the retailing of permissible fireworks, appointed by the governor; and 2 members, one of whom shall be an alternate, representing the New Hampshire Association of Fire Chiefs, appointed by the governor. No vote of the committee shall take place unless 5 members of the committee are present. The term of office of each member appointed by the governor shall be 2 years and until a successor is appointed and qualified. The other members of the committee shall serve terms coterminous with their terms in office. Vacancies shall be filled in the same manner for unexpired terms. Members shall serve without compensation, except that the legislative members shall receive mileage at the legislative rate. The committee shall elect a chairperson annually.
II. The committee shall meet at least once per calendar year, prior to October 1, and 30 days prior to any testing and approval conducted pursuant to RSA 160-C:13, III, or earlier at the discretion of the chairperson, to ensure that testing and approval guidelines are finalized, safety preparations are complete, and issues relative to the division of labor are addressed. In addition, the committee shall meet at the request of 3 or more members of the committee.
III. The committee shall consider whether items suggested by the fireworks industry shall be classified as permissible fireworks under this chapter. If the committee determines that an item should be so classified, the committee shall recommend that the commissioner add the item to the list of approved permissible fireworks pursuant to RSA 160-C:15. The committee may also recommend that any items so classified pursuant to RSA 160-C:15 shall be removed from such classification.
Source. 1999, 348:14, eff. Jan. 21, 2000. 2003, 6:1, eff. June 21, 2003. 2004, 247:4, eff. Sept. 30, 2004.
Section 160-C:14
160-C:14 Transportation. –
It shall not be unlawful for a person who has legally purchased permissible fireworks to transport them from the point of purchase to a municipality that has not prohibited the possession of permissible fireworks pursuant to RSA 160-C:6.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:15
160-C:15 Permissible Fireworks List. –
I. Within 30 days of receiving the recommendation of the permissible fireworks review committee, the commissioner shall determine whether an item should be classified as a permissible firework under this chapter. The commissioner shall establish a list of items that have been classified as permissible fireworks.
II. Upon the recommendation of the permissible fireworks review committee, the commissioner shall determine whether an item shall be removed from the list of items that have been classified as permissible fireworks.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:16
160-C:16 Emergency Removal from Retail Sale of Permissible Fireworks. –
I. The commissioner may, upon the recommendation of the state fire marshal or the director of state police, prohibit the retail sale of any permissible fireworks that pose an imminent threat to life and property.
II. Upon notification by the commissioner or designee that a permissible firework is prohibited from being sold, a person licensed to sell permissible fireworks shall remove the item from the public sales area and shall not sell the item to any person.
III. Any person who sells a permissible firework item after being notified by the commissioner or designee that the item is prohibited from being sold shall be guilty of a class B misdemeanor. In addition, the commissioner may revoke the violator's license for a minimum period of 10 consecutive days, but not to exceed 30 days. On the third violation of this section, the commissioner shall revoke the license for the remainder of the licensure term.
IV. Any license holder aggrieved by the action of the commissioner pursuant to this section may appeal pursuant to RSA 541.
Source. 1999, 348:14, eff. Jan. 21, 2000.
Section 160-C:17
160-C:17 Fireworks Inspector. –
There is hereby established in the office of the state fire marshal the full-time classified position of fireworks inspector. The fireworks inspector shall be under the direction and supervision of the state fire marshal and shall:
I. Inspect fireworks sales outlets.
I-a. Inspect sites and facilities for the display or storage of display fireworks, as defined in RSA 160-B:1, X.
I-b. Coordinate enforcement activities relative to illegal sales, including the disposal or proper storage of illegal fireworks.
II. Coordinate meetings of the permissible fireworks review committee.
III. Coordinate revisions to the list of permissible fireworks.
IV. Develop an informational booklet on fireworks to be issued to police and fire agencies throughout the state.
V. Coordinate media releases and public education efforts concerning fireworks.
Source. 1999, 348:14, eff. Jan. 21, 2000. 2008, 192:2, 3, eff. June 11, 2008.