Saf-C 2600 Fireworks

CHAPTER Saf-C 2600 DISPLAY, CONSUMER, AND PERMISSIBLE FIREWORKS

Statutory Authority: RSA 160-B:8 and RSA 160-C:4

PART Saf-C 2601 PURPOSE AND SCOPE OF RULES

Saf-C 2601.01 Purpose. The purpose of this chapter is to regulate the sale, display and possession of display, consumer, and permissible fireworks, pursuant to RSA 160-B:8 and 160-C:4.

Source. #4983, eff 11-16-90; ss by #5752, eff 12-2-93; ss by INTERIM #7140, eff 12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2601.02 Scope. Nothing in this chapter shall be construed to apply to any form of firearms, including muzzle loading pistols, rifles, and muskets, or other item, device or object not defined in RSA 160-B:1 or RSA 160-C:1, unless so designated in this chapter by the commissioner, pursuant to RSA 160-B:8, III or RSA 160-C:15.

Source. #4983, eff 11-16-90; ss by INTERIM #6362, eff 11-16-96, EXPIRES: 3-16-97; ss by #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2601.03 Type of Permits and Licenses. This chapter governs the following permits and licenses:

(a) Permits and licenses for the sale of display and consumer fireworks pursuant to RSA 160-B:6;

(b) Permits and licenses for the sale of permissible fireworks pursuant to RSA 160-C:3; and

Source. #4983, eff 11-16-90; ss by INTERIM #6362, eff
11-16-96, EXPIRES: 3-16-97; ss by #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

PART Saf-C 2602 DEFINITIONS

Saf-C 2602.01 "Applicant" means any person who wishes to apply for a license to market or sell display and consumer or permissible fireworks.

Source. #4983, eff 11-16-90; ss and moved by #5752, eff
12-2-93 (see Saf-C 2607); ss by INTERIM #7140, eff 12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.02 "Application" means the form an applicant fills out to obtain a license to market or sell display and consumer or permissible fireworks.

Source. #4983, eff 11-16-90; ss and moved by #5752, eff
12-2-93 (see Saf-C 2607); ss by #5801, eff 3-25-94, EXPIRED: 3-25-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.03 "Approved" means approved by the commissioner.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.04 "Certificate of authority" means the document indicating that the board of directors of a corporation has voted and authorized a person to apply for a license to market or sell display and consumer or permissible fireworks.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.05 "Commissioner" means the commissioner of the New Hampshire department of safety or his designee.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.06 “Consumer fireworks" means "consumer fireworks" as defined in RSA 160-B:1, IX and RSA 160-C:1, II.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.07 "Department" means the New Hampshire department of safety.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.08 "Display" means "display" as defined in RSA 160-B:1, V.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.09 "Display fireworks" means “display fireworks" as defined in RSA 160-B:1, X and RSA 160-C:1, III.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.10 "Fireworks" means "fireworks" as defined in RSA 160-B:1, I, but does not include permissible fireworks.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.11 "License" means a license authorizing the marketing or sale of display and consumer or permissible fireworks.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.12 "Licensee" means the person to whom a license to market or sell display and consumer or permissible fireworks has been issued.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.13 "Permissible fireworks" means "permissible fireworks" as defined in RSA 160-C:1, V.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.14 "Permit" means a written authorization for the sale or display of display and consumer or permissible fireworks.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.15 "Permittee" means the person to whom a permit to display or sell display and consumer or permissible fireworks has been issued.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.16 "Person" means "person" as defined in RSA 21:9.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.17 "Retail" means "retail" as defined in RSA 160-B:1, VII and RSA 160-C:1, VI.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.18 "Sale" means "sale" as defined in RSA 160-B:1, VI and RSA 160-C:1, VII, and includes “sell”.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2602.19 "Wholesale” means “wholesale” as defined in RSA 160-B:1, VIII.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

PART Saf-C 2603 FINANCIAL RESPONSIBILITY

Saf-C 2603.01 Bond Required.

(a) Every licensee authorized to market or sell display and consumer fireworks pursuant to RSA 160-B:6, II shall provide a bond.

(b) The bond shall meet the following requirements:

(1) The bond shall be issued by a surety company authorized to engage in business with the state as surety;

(2) The licensee shall be the principal obligor;

(3) The state shall be the obligee; and

(4) The bond shall be under the condition that the licensee shall not violate any laws or regulations governing fireworks and to guarantee payment of any fines assessed against the licensee.

(c) Any surety on any bond furnished by a licensee as provided in this section shall be released and discharged from any and all liability accruing on the bond after the expiration of 60 days from the date upon which the surety shall have filed with the commissioner a written request to be released and discharged.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2603.02 Filing of Bond. Each applicant for a license to sell or market display and consumer fireworks shall file a bond with the department at the time of submitting the application.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2603.03 Amount of Bond.

(a) Each licensee or applicant for a license shall file a bond annually in the amount of $50,000.

(b) A separate bond shall be required for each location in which the licensee has a place of business.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff 12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2603.04 Failure to Post Bond. Any licensee who fails to file a bond pursuant to Saf-C 2603.02 shall be subject to license revocation after a hearing.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2603.05 Insurance Required.

(a) Any licensee authorized to market or sell display and consumer or permissible fireworks, or any person certified as competent to display fireworks, pursuant to RSA 160-B:7 and RSA 158:9-f, or licensed to sell fireworks at wholesale, shall be insured with a minimum amount of coverage of $100,000 per accident.

(b) Any person required to obtain insurance in accordance with this section shall have the required insurance in effect prior to engaging in business related to fireworks.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2603.06 Proof of Insurance. The commissioner shall accept a copy of a certificate of insurance as proof that insurance is in effect.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

PART Saf-C 2604 EXCEPTIONS: FIREWORKS USED FOR AGRICULTURAL, RAILROAD AND MILITARY PURPOSES

Saf-C 2604.01 Exception Permits. Exception permits shall be granted for fireworks that shall be used for agricultural, railroad or military purposes only.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2604.02 Exception Permit Availability. The application for a permit specified in Saf-C 2604.01 shall be available at the department.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2604.03 Information on Application for Exception Permit, Form DSSP 267. An applicant for an exception permit shall submit the following information on form DSSP 267:

(a) Name, address and date of birth of the person making application;

(b) Name of the person who will use the fireworks;

(d) Location where fireworks will be used;

(e) Description of the type(s) of fireworks to be used;

(f) Date the fireworks will be used;

(g) Time of day the fireworks will be used; and

(h) Whether the fireworks will be used for agricultural, railroad or military purposes.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2604.04 Approval. The applicant shall present to the commissioner a copy of the permit of local approval, pursuant to RSA 160-B:7, III, when applying for an exception permit under RSA 160-B:12.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2604.05 Exception Permit Approval or Denial. The commissioner shall, within 10 working days of receipt of the application, approve or deny an applicant's request for an exception permit.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2604.06 Refusal to Issue An Exception Permit.

(a) The commissioner shall issue an exception permit under RSA 160-B:12 unless:

(1) The fireworks are not to be used for agricultural, railroad or military purposes;

(2) The applicant failed to provide evidence of local approval pursuant to Saf-C 2604.04;

(3) The applicant received local approval, however, the approval was subsequently withdrawn pursuant to RSA 160-B:7, V;

(4) The applicant failed to provide all information required under Saf-C 2604.03, following notice to the applicant of any apparent errors or omissions as required by RSA 541-A:29, I;

(5) The applicant made a false statement on the exception permit application; or

(6) The date the fireworks will be displayed falls between July 1 and July 8.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

PART Saf-C 2605 FIREWORK SALES

Saf-C 2605.01 Application Process to Sell Fireworks.

(a) Any person who wishes to sell display and consumer fireworks in accordance with RSA 160-B:2, II or permissible fireworks in accordance with RSA 160-C:2, II shall apply first to the municipality in which the person intends to sell fireworks.

(b) Notwithstanding any provision to the contrary, pursuant to RSA 160-C:3, II-b, only individuals lawfully residing in the United States, or partnerships or limited liability companies organized under the laws of the New Hampshire or authorized to transact business within the state of New Hampshire, 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 RSA 160-C:3.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2605.02 Application for Local Permit.

(a) Any person applying for a local permit to sell or market display and consumer or permissible fireworks shall obtain the permit application from the municipality.

(b) An applicant for a local permit to sell or market display and consumer or permissible fireworks shall provide the following information on the permit application:

(1) Name, address and date of birth of seller;

(2) Business name and address;

(3) Effective date of the permit;

(4) Expiration date of the permit; and

(5) Class of fireworks that will be sold.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2605.03 Refusal by Municipality to Issue Permit. A municipality shall not issue a permit under RSA 160-B:6, I or RSA 160-C:3, I if any of the following are true:

(a) The applicant does not have a valid permit for the sale of fireworks, pursuant to title 18 of the United States Code;

(b) The applicant does not have a place of business within the municipality;

(d) The building in which the business will be located does not conform to applicable fire safety codes, building codes, zoning codes and local ordinances including all applicable provisions of the state building code and the state fire code pursuant to Saf-C 6000;

(e) In the case of permit applicants governed by RSA 160-B:6, the applicant has been convicted of a felony which has not been annulled;

(f) In the case of permit applicants governed by RSA 160-C:3, the applicant has been:

(1) Convicted of an offense involving fireworks or explosives within 2 years prior to the date of application; or

(2) Found to have violated fireworks or explosive laws, or rules within 2 years prior to the date of application;

(g) The applicant is younger than 21 years of age; or

(h) The application was not completely filled out following notice to the applicant of any apparent errors or omissions as required by RSA 541-A:29, I.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2605.04 Additional Requirements. In addition to making an application for a local permit to sell or market display and consumer or permissible fireworks, the applicant shall submit the following at the time of application:

(a) The permit fee as established by the municipality; and

(b) A copy of a valid permit for the sale of fireworks issued pursuant to title 18 of the United States Code.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2605.05 License to Sell or Market Display and Consumer Fireworks.

(a) If a local permit to sell or market display and consumer or permissible fireworks is issued, a person may make an application for a state license to sell or market display and consumer fireworks on form DSSP 262.

(b) An applicant for a state license to sell or market display and consumer fireworks shall submit the following information on form DSSP 262:

(1) Name, address and date of birth of the person making application;

(2) Statement that the applicant has a valid permit governing fireworks issued pursuant to title 18 of the United States Code;

(3) Name of the applicant's business;

(4) Address of the applicant's place of business;

(5) Statement from the municipality stating that the business shall be located in a permanent structure which meets all applicable fire safety codes, building codes, zoning codes and local ordinances including all applicable provisions of the state building code and the state fire code, Saf-C 6000;

(6) Statement whether the applicant is under indictment in any court for a crime punishable for a term exceeding one year;

(7) A statement whether the applicant has been convicted of a felony which has not been annulled;

(8) Applicant's height, weight, color of hair and color of eyes; and

(9) Type of fireworks that will be sold or marketed and the exact location where the sales outlet is to be located.

(1) A certificate of authority or certificate of vote indicating that the individual filling out the application is authorized by the corporation or partnership to bind the corporation or partnership;

(2) Name, address, and date of birth of each:

a. Member of the board of directors;

b. Partner in the partnership; and

c. Shareholder who owns 10% or more of the applicant's stock; and

(3) A statement indicating whether any of the individuals named in (c)(2) above have been convicted of felony which has not been annulled.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2605.06 License to Sell Permissible Fireworks.

(a) If a local permit to sell or market permissible fireworks is issued, a person may make an application for a state license to sell or market permissible fireworks on form DSSP 262P.

(b) An applicant for a state license to sell or market permissible fireworks shall provide the following on form DSSP 262P:

(1) Name, address and date of birth of the person making application;

(2) Statement that the applicant has a valid permit governing fireworks issued pursuant to title 18 of the United States Code;

(3) Name of the proposed licensee;

(4) Address of the proposed licensee’s place of business;

(6) Statement as to whether the proposed licensee, or if the proposed licensee is a partnership a partner, or if the proposed licensee is a limited liability company or corporation a director, officer, member or any other person with a controlling interest in the operation of the business is under indictment in any court for a crime punishable for a term exceeding one year;

(7) A statement whether the applicant:

a. Has been convicted of any offense involving fireworks or explosives within 2 years prior to the application; or

b. Has been found to have violated any fireworks or explosives laws, or rules within 2 years prior to the application;

(8) Applicant's height, weight, color of hair and color of eyes; and

(9) Type of fireworks that shall be sold or marketed and the exact location where the sales outlet is to be located.

(2) Disclosure required by RSA 160-C:3, II-f and II-g;

(3) A statement indicating whether any of the individuals named in Saf-C 2605.06(c)(2) have been convicted of any offense involving fireworks or explosives or violated any fireworks or explosives laws or rules within 2 years prior to the application; and

(4) If an applicant is intending to use a trade name, evidence that demonstrates that the trade name is currently registered in New Hampshire, pursuant to RSA 160-C:3, II-d.

Source. #5752, eff 12-2-93; amd by #6459, eff 2-20-97; amd by INTERIM #7140, eff 12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2605.07 Refusal by State to Issue Permit. The state shall issue a permit under RSA 160-B:6, II or RSA 160-C:3, II, unless any of the following are true:

(a) The applicant does not have a valid permit for the sale of fireworks, pursuant to title 18 of the United States Code;

(b) The applicant does not have a valid local permit for the sale of fireworks, pursuant to RSA 160-B:6, I and Saf-C 2605.03;

(d) The business will not be located in a permanent structure;

(e) The building in which the business will be located does not conform to applicable fire safety codes, building codes, zoning codes and local ordinances including all applicable provisions of the state building code and the state fire code, Saf-C 6000;

(f) For permissible fireworks license applicants pursuant to RSA 160-C:3, the applicant has been convicted of any offense involving fireworks or explosives within the 2 years prior to the application which has not been annulled, or the applicant has been determined at a hearing to have violated any fireworks or explosive laws, or rules within the 2 years prior to the application;

(g) For display and consumer fireworks applicants pursuant to RSA 160-B:6, the applicant has been convicted of a felony which has not been annulled;

(h) The applicant is younger than 21 years of age;

(i) The applicant has not provided proof of insurance or bonding, as required in Saf-C 2603;

(j) The application was not completely filled out after notice to the applicant of any apparent errors or omissions as required by RSA 541-A:29, I.

(k) The issuance of a license is contrary to state or federal law.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

PART Saf-C 2606 LOCAL PERMITS FOR FIREWORKS DISPLAYS

Saf-C 2606.01 Application Process for Local Permit to Display Fireworks.

(a) A separate application shall be made for every display.

(b) The application to display fireworks shall be received by the municipality at least 15 days prior to the display date.

(c) A copy of the approved application and permit for display or the denied application and reasons for denial, shall be transmitted to the department by the operator of the display fireworks at least 5 days prior to the intended date of the display.

(d) Pursuant to RSA 160-B:7, III a permit to display fireworks shall be issued by the chief of police, licensing board or governing body of the municipality.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2606.02 Application for Local Permit to Display Fireworks on Form DSSP 166.

(a) Any municipality, fair association, amusement park or other organization may apply for a permit to display fireworks.

(b) The application for the permit to display shall be obtained from the municipality in which the display shall occur.

(1) The name of the sponsoring organization or individual making application for a display permit.

(2) The date of birth of the individual making application for the permit to display fireworks;

(3) Address of the sponsor;

(4) The name and address of sponsor, or if other than individual, the person in charge;

(5) The date and time of the display shall be conducted;

(6) Name and address of the company furnishing the display material;

(7) Name of insurance company and amount of coverage;

(8) Name and address of the operator(s) who will fire off the display;

(9) The certificate of competency number of the operator(s) and date of expiration;

(10) The location of the fireworks display;

(11) Number of fireworks to be displayed;

(12) Description of all fireworks to be displayed; and

(13) Statement whether the chief of the local fire department or fire warden has inspected the display site and determined it shall not be hazardous to property or endanger any person.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2606.03 Refusal by Municipality to Issue Permit to Display Fireworks. A permit to display fireworks shall not be issued by a municipality under RSA 160-B:7, III if:

(a) The person responsible for conducting the fireworks display has not obtained a certificate of competency pursuant to RSA 158:9-f;

(b) The location of the display has not been inspected by the chief of the local fire department or fire warden;

(c) The location of the display has been inspected by the chief of the local fire department or fire warden and an opinion has been issued indicating the display shall be hazardous to property, might place any person in danger, or both;

(d) The application was not submitted in writing at least 15 days in advance of the date of the display; or

(e) The application has not been filled out completely after notice to the applicant of apparent errors or omissions as required by RSA 541-A:29, I.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2606.04 Additional Requirements for Local Permit to Display Fireworks. In addition to making application for a local permit to display fireworks, the following shall be submitted to the municipality with the application:

(a) The permit fee as established by the municipality; and

(b) A copy of the certificate of competency issued under RSA 158:9-f for the person who shall conduct the display.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2606.05 Permit to Display. If a local permit is issued to display fireworks, it shall contain the following:

(a) The name of the municipality, fair association, amusement park or other organization sponsoring the display;

(b) The name of the person responsible for conducting the display;

(d) Signature of person responsible for issuing display permits; and

(e) Date the permit to display was issued.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff
12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05

PART Saf-C 2607 LICENSE SUSPENSION

Saf-C 2607.01 Complaints.

(a) Upon receipt of a complaint or information that alleges a licensee is misusing a license to market or sell display and consumer or permissible fireworks, the commissioner shall review the complaint to determine whether the licensee has acted contrary to statutes or administrative rules.

(b) After an investigation, if the commissioner determines that a basis for administrative action exists, the bureau of hearings shall schedule a hearing and issue a notice thereof, in accordance with these rules.

Source. #4983, eff 11-16-90; moved by #5752, eff 12-2-93 (formerly Saf-C 2602); ss by #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2607.02 Notice.

(a) All notices of hearings shall be:

(1) Issued in writing, addressed to the party being called in for the hearing;

(2) Prepared on letterhead of the bureau of hearings; and

(3) Sent in a sealed envelope through first class mail or served in hand.

(b) If an attorney files an appearance on behalf of a party, all subsequent correspondence from the bureau of hearings relative to that appearance shall be forwarded to the attorney and no further correspondence shall be forwarded directly to the party.

(c) In the event an attorney is no longer involved, the party shall file a written statement of this fact with the commissioner and all further correspondence from the department shall be forwarded directly to the party.

Source. #4983, eff 11-16-90; moved by #5752, eff 12-2-93 (formerly Saf-C 2602); ss by #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2607.03 Contents of Notice. The notice of hearing shall include the following information:

(a) The date, time, and location of the hearing;

(b) A citation to the statute, rule, or both which has allegedly been violated, and a statement of the legal authority under which the hearing is to be held;

(d) Notice of existence and availability of rules relative to the conduct of the hearing, and where copies may be obtained;

(e) The practice of the bureau of hearings concerning requests for continuances of hearings, pursuant to Saf-C 200;

(f) Information relative to the party’s right to have an attorney present to represent the party at the party’s expense;

(g) Information relative to the party's right to have the complainant present at the hearing; and

(h) Information relative to the procedures and consequences of failing to appear at a hearing.

Source. #4983, eff 11-16-90; moved by #5752, eff 12-2-93 (formerly Saf-C 2602); ss by #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2607.04 Suspension. A license shall be suspended upon a finding that:

(a) The licensee gave materially false information or made any material misrepresentation in order to obtain a license or permit;

(b) The licensee failed to comply with any order of the commissioner relative to marketing or the sale of display and consumer or permissible fireworks;

(c) The licensee is under indictment for a crime punishable by imprisonment for a term exceeding one year, which involved acts of violence, fraud or dishonesty such as, but not limited to:

(1) Murder;

(2) Assault;

(3) Subversive activities;

(4) Terrorism;

(5) Extortion; and

(6) Embezzlement;

(d) The licensee is a fugitive from justice;

(e) The licensee violated any applicable provision of RSA 160-B or RSA 160-C, as applicable, or any rule adopted thereunder;

(f) The licensee violated any applicable provision of Title 18, United States Code, relative to fireworks, or any other applicable statute, rule or applicable federal law or regulation;

(g) The annual license fee has not been paid;

(h) The licensee failed to notify the commissioner if a business has been sold and repurchased by a new owner; or

(i) Pursuant to RSA 160-C:3, within the past 2 years a licensee has:

(1) Been convicted of any offense involving fireworks or explosives which has not been annulled by a court; or

(2) Been determined at a hearing to have violated any fireworks or explosives laws, rules or regulations.

Source. #4983, eff 11-16-90; moved by #5752, eff 12-2-93 (formerly Saf-C 2602); ss by #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2607.05 Period of Suspension.

(a) The suspension period for a violation of RSA 160-C:2, II, shall be a minimum of 10 consecutive days, but no longer than 14 days.

(b) The maximum suspension period pursuant to Saf-C 2607.04(a)- (i) shall be 5 years.

(1) The seriousness of the offense; and

(2) Whether there are aggravating factors.

(d) For the purposes of (c)(2) above, aggravating factors shall include:

(1) Previous license suspensions pursuant to Saf-C 2607.04;

(2) Previous non-compliance with any laws, rules or regulations related to fireworks;

(3) Actions which the licensee knew, or should have known were contrary to any laws, rules or regulations related to fireworks; and

(4) Actions by the licensee which create a hazard to public safety.

Source. #4983, eff 11-16-90; moved by #5752, eff 12-2-93 (formerly Saf-C 2602); ss by #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2607.06 Revocation.

(a) A display and consumer fireworks license shall be revoked if the licensee has been convicted of a felony that has not been annulled.

(b) Pursuant to RSA 160-C:3, II-h(c), a license for the sale of permissible fireworks shall be revoked if the licensee is an entity under foreign control and the licensee fails to respond to inquiries from the department or fails to provide relevant records.

Source. #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2607.07 Immediate Suspension.

(a) After receipt of a complaint and investigation indicates that a licensee has or might be jeopardizing public health, safety, or welfare, constituting a violation of Saf-C 2607.04, the commissioner shall immediately suspend the license to market or sell display and consumer fireworks or permissible fireworks, or both.

(b) A notice of action shall be sent by first class mail or served in hand to the licensee, advising the licensee of the following:

(1) The license suspension shall be for a period of up to 5 years;

(2) An administrative hearing shall be scheduled within 10 working days after the date of the license suspension began, unless waived by the licensee;

(3) Failure to commence a hearing within 10 working days shall mean the suspension order shall be automatically vacated; and

(4) The basis for the suspension, which shall include a reference to the statute, rule, or both which has allegedly been violated.

(c) A notice of hearing that conforms to Saf-C 2607.02 and Saf-C 2607.03 shall be sent to the licensee by first class mail or served in hand.

(d) The scheduling of a hearing shall not delay, postpone, or otherwise interrupt the suspension.

Source. #4983, eff 11-16-90; moved by #5752, eff 12-2-93 (formerly Saf-C 2602); ss by #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

Saf-C 2607.08 Decision. The decision of the hearing examiner to sustain or rescind the suspension shall be forwarded to the licensee, or his or her legal counsel, within 15 working days after the conclusion of the hearing.

Source. #4983, eff 11-16-90; moved by #5752, eff 12-2-93 (formerly Saf-C 2602); ss by #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05

PART Saf-C 2608 CLASSIFICATIONS OF PERMISSIBLE FIREWORKS

Source. #6100, eff 10-24-95; amd by #6270, eff 6-24-96; amd by #6524, eff 6-21-97; repealed by #7905, eff 6-24-03

APPENDIX

RULE NUMBER	STATUTE

Saf-C 2601.01	RSA 541-A:7
Saf-C 2601.02	RSA 541-A:7
Saf-C 2601.03	RSA 541-A:7
Saf-C 2602.01	RSA 541-A:7
Saf-C 2602.02	RSA 541-A:7
Saf-C 2602.03	RSA 541-A:7
Saf-C 2602.04	RSA 541-A:7
Saf-C 2602.05	RSA 541-A:7, RSA 160-B:1, IV
Saf-C 2602.06	RSA 160-B:1, IX, RSA 541-A:7
Saf-C 2602.07	RSA 541-A:7
Saf-C 2602.08	RSA 541-A:7, RSA 160-B:1, V
Saf-C 2602.09	RSA 160-B:1, X; RSA 160-C:1, III & RSA 541-A:7
Saf-C 2602.10	RSA 160-B:1, I; RSA 160-C:1, IV & RSA 541-A:7
Saf-C 2602.11	RSA 541-A:7
Saf-C 2602.12	RSA 541-A:7
Saf-C 2602.13	RSA 160-C:1, V & RSA 541-A:7
Saf-C 2602.14	RSA 541-A:7
Saf-C 2602.15	RSA 541-A:7
Saf-C 2602.16	RSA 21:9 & RSA 541-A:7
Saf-C 2602.17	RSA 160-B:1, VII; RSA 160-C:1, VI & RSA 541-A:7
Saf-C 2602.18	RSA 160-B:1, VI; RSA 160-C:1, VII & RSA 541-A:7
Saf-C 2602.19	RSA 160-B:1, VIII & RSA 541-A:7

Saf-C 2603.01 – Saf-C 2603.04	RSA 160-B:8, IV & RSA 160-C:4, II
Saf-C 2603.05- Saf-C 2603.06	RSA 160-B:8, IV, RSA 158:9-f, I(a) & (c); & RSA 160-C:4, II

Saf-C 2604.01	RSA 160-B:12
Saf-C 2604.02	RSA 160-B:12
Saf-C 2604.03	RSA 160-B:12 & RSA 541-A:16, I(b)(1)
Saf-C 2604.04	RSA 160-B:7, III
Saf-C 2604.05	RSA 160-B:12
Saf-C 2604.06	RSA 160-B:12

Saf-C 2605.01(a)	RSA 160-B:2, I(c); RSA 160-C:2, I(c) & RSA 158:9-f, I(b)
Saf-C 2605.01(b)	RSA 160-C:3, II-b
Saf-C 2605.02(a)	RSA 160-B:2, I(c); RSA 160-C:2, I(c) & RSA 158:9-f, I(b)
Saf-C 2605.02(b)	RSA 160-B:6, I & RSA 160-C:3, I
Saf-C 2605.03(a) & (b)	RSA 160-B:6, I; RSA 160-C:3, I; & RSA 158:9-f, I(b)
Saf-C 2605.03(c) & (d)	RSA 160-B:6, III; RSA 160-C:3, III; & RSA 158:9-f, I(b)

Saf-C 2605.03(e)	RSA 160-B:6, III & RSA 158:9-f, I(b)
Saf-C 2605.03(f)	RSA 160-C:3, III
Saf-C 2605.03(g)	RSA 160-B:6, IX ; RSA 160-C:3, VIII; & RSA 158:9-f, I(b)
Saf-C 2605.03(h)	RSA 541-A:29, I
Saf-C 2605.04	RSA 160-B:6, I; RSA 160-C:3, I & RSA 158:9-f, I(b)
Saf-C 2605.05(a)	RSA 160-B:6, II
Saf-C 2605.05(b)	RSA 541-A:16, I(b)(1)
Saf-C 2605.06(a)	RSA 160-C:3, II-a
Saf-C 2605.06(b)	RSA 541-A:16, I(b)(1)
Saf-C 2605.06(c)	RSA 160-C:3, II-a
Saf-C 2605.07(a)-(e)	RSA 160-B:6, III & RSA 160-C:3, III
Saf-C 2605.07(f)	RSA 160-C:3, III
Saf-C 2605.07(g)	RSA 160-B:6, III
Saf-C 2605.07(h)	RSA 160-B:6, III & RSA 160-C:3, III
Saf-C 2605.07(i)	RSA 160-B:8, IV & RSA 160-C:4, II
Saf-C 2605.07(j)	RSA 541-A:29, I
Saf-C 2605.07(k)	RSA 160-B:8 & 160-C:4

Saf-C 2606.01(a)	RSA 160-B:7, II & RSA 158:9-f, I(b)
Saf-C 2606.01(b)	RSA 160-B:7, V
Saf-C 2606.01(c)	RSA 158:9-f, II
Saf-C 2606.01(d)	RSA 160-B:7, III & RSA 158:9-f, I(b)
Saf-C 2606.02(a)	RSA 160-B:7, II
Saf-C 2606.02(b)	RSA 160-B:7, III
Saf-C 2606.02(c)	RSA 541-A:16, I(b)(1)
Saf-C 2606.03(a)	RSA 160-B:3, I(a) & RSA 158:9-f, I(b)
Saf-C 2606.03(b)	RSA 160-B:7, III & RSA 158:9-f, I(b)
Saf-C 2606.03(c)	RSA 160-B:7, IV & RSA 158:9-f, I(b)
Saf-C 2606.03(d)	RSA 160-B:7, V
Saf-C 2606.03(e)	RSA 541-A:29, I
Saf-C 2606.04(a)	RSA 160-B:7, V & RSA 158:9-f, I(b)
Saf-C 2606.04(b)	RSA 160-B:3, I(a) & RSA 158:9-f, I(b)
Saf-C 2606.05	RSA 160-B:8, V & RSA 158:9-f, I(b)

Saf-C 2607.01	RSA 541-A:16, I(b)
Saf-C 2607.02	RSA 541-A:30, II & RSA 541-A:16, I (b)
Saf-C 2607.03	RSA 541-A:16, I(b)(1)
Saf-C 2607.04(a)-(h)	RSA 160-B:6 & RSA 160-C:3
Saf-C 2607.04(i)	RSA 160-C:3
Saf-C 2607.05(a)	RSA 160-C:2, II & RSA 541-A:16, I(b)(2)
Saf-C 2607.05(b) – (d)	RSA 160-B:6; RSA 160-C:3 & RSA 541-A:16, I(b)(2)
Saf-C 2607.06	RSA 160-B:6, III & RSA 541-A:16, I(b)(2)
Saf-C 2607.07	RSA 160-B:14, RSA 160-C:8 & RSA 541-A:30, III
Saf-C 2607.08	RSA 541-A:16, I(b)(2)