Saf-C 2600

CHAPTER Saf-C 2600 MARKETING, SALES AND POSSESSION OF 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 marketing, sale, and possession of display, consumer, and permissible fireworks, pursuant to RSA 160-B:8 and 160-C:4, including the display of permissible fireworks.

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; ss by #10784, eff 2-13-15

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.

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; ss by #10784, eff 2-13-15

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; and

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

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; ss by #10784, eff 2-13-15

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 fireworks, consumer fireworks 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; ss by #10784, eff 2-13-15

Saf-C 2602.02 "Application" means the form an applicant fills out to obtain a license to market or sell display fireworks, consumer fireworks 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; ss by #10784, eff 2-13-15

Saf-C 2602.03 "Approved" means written permission by the commissioner.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15

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 fireworks, consumer fireworks or permissible fireworks.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15

Saf-C 2602.05 "Commissioner" means the commissioner of the New Hampshire Department of Safety or his or her designee.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15

Saf-C 2602.06 “Conspicuous” means to stand out so as to be clearly visible.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15

Saf-C 2602.07 “Consumer” means a person who is the final user of products, or both, purchased from a retail establishment. The term does not include anyone who is hired, contracted or compensated in any manner, or donates their services.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15

Saf-C 2602.08 “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; ss by #10784, eff 2-13-15 (from Saf-C 2602.06)

Saf-C 2602.09 "Department" means the New Hampshire department of safety.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15 (from Saf-C 2602.07)

Saf-C 2602.10 "Display" means "display" as defined in RSA 160-B:1, V.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15 (from Saf-C 2602.08)

Saf-C 2602.11 "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; ss by #10784, eff 2-13-15 (from Saf-C 2602.09)

Saf-C 2602.12 "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; ss by #10784, eff 2-13-15 (from Saf-C 2602.10)

Saf-C 2602.13 "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; ss by #10784, eff 2-13-15 (from Saf-C 2602.11)

Saf-C 2602.14 "Licensee" means the person to whom a license to market or sell display fireworks, consumer fireworks or permissible fireworks has been issued.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15 (from Saf-C 2602.12)

Saf-C 2602.15 “Marshal” means the New Hampshire State Fire Marshal or his or her designee.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15

Saf-C 2602.16 "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; ss by #10784, eff 2-13-15 (from Saf-C 2602.13)

Saf-C 2602.17 "Permit" means a written authorization for the sale of display and consumer or permissible fireworks by a municipality.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15 (from Saf-C 2602.14)

Saf-C 2602.18 "Permittee" means the person to whom a permit to sell display and consumer or permissible fireworks has been issued.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15 (from Saf-C 2602.15)

Saf-C 2602.19 "Person" means "person" as defined in RSA 21:9.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15 (from Saf-C 2602.16)

Saf-C 2602.20 "Retail" means "retail" as defined in RSA 160-B:1, VII and RSA 160-C:1, VI.

Source. #10784, eff 2-13-15 (from Saf-C 2602.17)

Saf-C 2602.21 “Sale” means “sale” as defined in RSA 160-B:1, VI and RSA 160- C:1, VII, and includes “sell”.

Source. #10784, eff 2-13-15 (from Saf-C 2602.18)

Saf-C 2602.22 “Wholesale” means “wholesale” as defined in RSA 160-B:1, VIII.

Source. #10784, eff 2-13-15 (from Saf-C 2602.19)

PART Saf-C 2603 FINANCIAL RESPONSIBILITY

Saf-C 2603.01 Bond Required.

(a) Every licensee authorized to market or sell display fireworks and consumer fireworks pursuant to RSA 160-B:6 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;

(4) The state shall be listed as a certificate holder; and

(5) 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 has filed a written request to be released and discharged with the commissioner.

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; ss by #10784, eff 2-13-15

Saf-C 2603.02 Filing of Bond. Each applicant for a license to sell or market display fireworks 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; ss by #10784, eff 2-13-15

Saf-C 2603.03 Amount of Bond.

(a) Each licensee shall file a bond in the amount of $50,000 on an annual basis.

(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; ss by #10784, eff 2-13-15

Saf-C 2603.04 Failure to Post Bond. Any licensee who fails to file a bond pursuant to Saf-C 2603.02 and Saf-C 2603.03 shall be subject to a license revocation after notice and opportunity for 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; ss by #10784, eff 2-13-15

Saf-C 2603.05 Insurance Required.

(a) Any licensee authorized to market or sell display fireworks, consumer fireworks or permissible fireworks, or any person certified as competent to display display fireworks, pursuant to RSA 160-B:7 and RSA 158:9-f, shall be insured with a minimum amount of coverage of $1,000,000 per accident.

(b) Any person required to obtain insurance in accordance with this section shall have the insurance in effect prior to engaging in business related to fireworks and shall maintain insurance for the duration of the licensing term.

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; ss by #10784, eff 2-13-15; ss by #10784, eff 2-13-15

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; ss by #10784, eff 2-13-15

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; ss by #10784, eff 2-13-15

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; ss by #10784, eff 2-13-15

Saf-C 2604.03 Application for Exception Permit, Form DSSP 267. Each applicant for an exception permit shall complete and submit the application form, DSSP 267, “Application for Exception Permit”, effective July, 2014.

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; ss by #10784, eff 2-13-15

Saf-C 2604.04 Local Approval. Upon application for an exception permit pursuant to RSA 160-B:12, the applicant shall provide written evidence that the applicant has first received approval by the appropriate local official, pursuant to RSA 160-B:12, to the commissioner.

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; ss by #10784, eff 2-13-15

Saf-C 2604.05 Exception Permit Approval or Denial. The commissioner shall, within 10 business 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; ss by #10784, eff 2-13-15

Saf-C 2604.06 Denial of an Exception Permit.

(a) Each application for an exception permit shall be reviewed by the commissioner in accordance with RSA 541-A:29.

(b) The applicant shall be notified of any apparent errors or omissions in the application and allowed to resubmit the application.

(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;

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

(5) 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; ss by #10784, eff 2-13-15

Saf-C 2604.07 Approval of An Exception Permit. Upon approval of an application, the commissioner shall issue an exception permit pursuant to RSA 160-B:12.

New. #10784, eff 2-13-15

PART Saf-C 2605 MARKETING AND WHOLESALE DISTRIBUTION OF DISPLAY AND CONSUMER FIREWORKS

Saf-C 2605.01 Application Process to Sell or Market Display and Consumer Fireworks. Any person who wishes to sell or market display and consumer fireworks pursuant to RSA 160-B:2 shall apply first to each municipality in which the person intends to sell or market display and consumer fireworks.

Source. #5752, eff 12-2-93; ss by INTERIM #7140, eff12-2-99, EXPIRED: 3-31-00

New. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15

Saf-C 2605.02 Application for a Local Permit to Sell Display and Consumer Fireworks.

(a) Each applicant for a local permit to sell display and consumer fireworks shall obtain a permit application from the municipality.

(b) Each applicant for a local permit to sell display and consumer fireworks shall submit the following on the permit application:

(1) Seller’s name, address and date of birth;

(2) Business name and address;

(3) Type of fireworks that will be sold; and

(4) Location(s), address(es) and physical description of all storage areas, including a site plan.

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; ss by #10784, eff 2-13-15

Saf-C 2605.03 Additional Requirements. Each applicant for a local permit to sell display and consumer fireworks shall submit the following, along with the permit application set forth in Saf-C 2605.02:

(a) The permit fee established by the municipality, if any; 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; ss by #10784, eff 2-13-15 (from Saf-C 2605.04)

Saf-C 2605.04 Denial of a Local Permit to Sell Display or Consumer Fireworks by Municipality.

(a) The municipality shall deny a permit pursuant to RSA 160-B:6, I, if:

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

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

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

(4) The building in which the business will be located, including any storage facility, does not comply with 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;

(5) The applicant has been convicted of a felony which has not been annulled; or

(6) The applicant is younger than 21 years of age.

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; ss by #10784, eff 2-13-15

Saf-C 2605.05 Application for a State License to Sell or Market Display and Consumer Fireworks.

(a) Upon issuance of a local permit to sell display and consumer fireworks by a municipality, a person may apply for a state license to sell or market display and consumer fireworks.

(b) Each applicant for a state license to sell or market display and consumer fireworks shall complete and submit the application form, DSSP 262, “Application for License to Sell Display and Consumer Fireworks”, effective July, 2014.

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

(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.

(d) Each applicant for a state license to sell or market display and consumer fireworks shall also submit the applicable fee pursuant to RSA 160-B:6, V.

(e) Prior to the issuance of a state license to sell or market display and consumer fireworks, the commissioner shall inspect the applicant’s business and storage area(s) to ensure compliance with all applicable fire safety codes, building codes, zoning codes, and the requirements of local ordinances.

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; ss by #10784, eff 2-13-15

Saf-C 2605.06 Denial of a State License to Sell or Market Display and Consumer Fireworks.

(a) Each application for an initial or renewal license to sell or market display and consumer fireworks shall be reviewed by the department in accordance with RSA 541-A:29.

(b) The applicant shall be notified of any apparent errors or omissions in the application and allowed to resubmit the application.

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

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

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

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

(5) The building in which the business will be located, including any storage facility, 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;

(6) The applicant has been convicted of a felony which has not been annulled;

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

(8) The applicant has not provided proof of insurance or bonding, pursuant to Saf-C 2603;

(9) The issuance of a license is contrary to state or federal law;

(10) The applicant has failed to comply with a lawful order of the marshal or local fire chief concerning the state building code or the state fire code;

(11) Storage does not comply with applicable federal, state or local laws and rules for the storage of fireworks and related materials; or

(12) The applicant has not paid the applicable fee pursuant to RSA 160-B:6, V.

(d) An applicant who has been denied a state license to sell or market display or consumer fireworks pursuant to (c) above shall, upon request, be granted a hearing before the bureau of hearings of the department of safety. All hearings shall be conducted in accordance with Saf-C 200.

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; ss by #10784, eff 2-13-15

Saf-C 2605.07 Approval of a State License to Sell or Market Display and Consumer Fireworks.

(a) In the absence of any grounds for denial under Saf-C 2605.06(c), the commissioner shall approve an application and shall issue an initial or renewal license to sell or market display and consumer fireworks pursuant to RSA 160-B:6.

(b) The license shall include the following:

(1) License number;

(2) Licensee’s name and location of the business; and

(3) Licensee’s signature.

(c) Every license shall be valid for not more than one year from the date of issue and may be renewed on May 1^st of the following year. The initial licensing fee shall be pro-rated to correspond with the initial date of issue.

Source. #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15

Saf-C 2605.08 Renewal of a State License to Sell or Market Display and Consumer Fireworks.

(a) Upon renewal of a local permit to sell display and consumer fireworks by a municipality, a person may apply for a renewal of state license to sell or market display or consumer fireworks.

(b) Each applicant for the renewal of a state license to sell or market display and consumer fireworks shall complete and submit the application form, DSSP 262, “Application for License to Sell Display and Consumer Fireworks”, effective July, 2014.

(1) A certificate of authority or certificate of vote indicating that the person 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; and

b. Partner in the partnership; and

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

(d) Each applicant for the renewal of a state license to sell or market display and consumer fireworks shall also submit the applicable fee pursuant to RSA 160-B:6, V.

(e) Prior to the issuance of a renewed state license to sell or market display and consumer fireworks, the commissioner shall inspect the applicant’s business and storage area(s) to ensure compliance with all applicable fire safety codes, building codes, zoning codes, and the requirements of local ordinances.

Source. #10784, eff 2-13-15

Saf-C 2605.09 Records of Sale of Display or Consumer Fireworks.

(a) Any person who has a state license pursuant to RSA 160-B, shall only sell display fireworks to a person who shows a certificate of competency issued pursuant to RSA 158:9-f, or who shows a license for the storage of display fireworks issued pursuant to RSA 158:9-c and Saf-C 1600, or who shows a license to sell display and consumer fireworks pursuant to RSA 160-B and this chapter.

(b) In the case of a sale of any display or consumer fireworks, the seller shall record the following:

(1) The name and address of the purchaser of the display or consumer fireworks;

(2) The purchaser’s certificate of competency license number, if applicable;

(3) The purchaser’s license number for the storage of display fireworks;

(4) In the case of a wholesale sale:

a. The purchaser’s retail number from the state of residence; and

b. IRS tax identification number;

(5) The date of the transfer;

(6) The type and quantity of display and consumer fireworks;

(7) The serial number of the display and consumer fireworks, if any; and

(8) The purpose to which the display and consumer fireworks are to be used.

(1) In the case of a sale to a purchaser with a certificate of competency license:

a. A copy of the purchaser’s display permit; and

b. A copy of the purchaser’s certificate of competency license;

c. In the case of a wholesale sale, a copy of the purchaser’s retail license or permit from the state of residence;

(2) In the case of a purchaser who shows a license for the storage of display fireworks, a copy of the purchaser’s license to store display fireworks, issued pursuant to RSA 158:9-c and Saf-C 1600.

(d) The records pursuant this section shall be kept by the seller for a period of 2 years.

Source. #10784, eff 2-13-15

PART Saf-C 2606 MARKETING AND RETAIL SALES OF PERMISSIBLE FIREWORKS

Saf-C 2606.01 Application Process to Sell Permissible Fireworks.

(a) Any person who wishes to sell permissible fireworks pursuant to RSA 160-C:2 shall apply first to each municipality in which the person intends to sell or market permissible 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 pursuant to 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; ss by #10784, eff 2-13-15

Saf-C 2606.02 Application for a Local Permit to Sell Permissible Fireworks.

(a) Each applicant for a local permit to sell permissible fireworks shall obtain a permit application from each municipality in which the person intends to sell or market permissible fireworks.

(b) Each applicant for a local permit to sell permissible fireworks shall submit the following on the permit application:

(1) Seller’s name, address and date of birth;

(2) Business name and address;

(3) That only permissible fireworks will be sold or marketed; and

(4) Location(s), address(es) and physical description of all storage areas, including a site plan.

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; ss by #10784, eff 2-13-15

Saf-C 2606.03 Additional Requirements. Each applicant for a local permit to sell permissible fireworks shall submit the following along with the permit application set forth in Saf-C 2606.02:

(a) The permit fee established by the municipality, if any; 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; ss by #10784, eff 2-13-15

Saf-C 2606.04 Denial of Permit to Sell Permissible Fireworks by Municipality.

(a) The municipality shall deny a permit pursuant to RSA 160-C:3 I, if:

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

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

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

(4) The building in which the business will be located does not comply with 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;

(5) The applicant has been:

a. Convicted of any offense involving fireworks or explosives within 2 years prior to the date of application which has not been annulled; or

b. Found to have violated fireworks or explosive laws or rules within 2 years prior to the date of application;

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

(7) Storage does not comply with applicable federal, state or local laws and rules for the storage of fireworks and related materials.

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; ss by #10784, eff 2-13-15

Saf-C 2606.05 Application for a State License to Sell or Market Permissible Fireworks.

(a) Upon issuance of a local permit to sell permissible fireworks by a municipality, a person may apply for a state license to sell or market permissible fireworks.

(b) Each applicant for a state license to sell or market permissible fireworks shall complete and submit the application form, DSSP 262P, “Application for License to Sell Permissible Fireworks”, effective July, 2014.

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

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

(3) 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.

(d) Each applicant for a state license to sell permissible fireworks shall also submit the applicable fee pursuant to RSA 160-C;3, VII.

(e) Prior to the issuance of a state license to sell permissible fireworks, the commissioner shall inspect the applicant’s business and storage area(s) to ensure compliance with all applicable fire safety codes, building codes, zoning codes, and the requirements of local ordinances.

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; ss by #10784, eff 2-13-15

Saf-C 2606.06 Denial of a State License to Sell or Market Permissible Fireworks.

(a) Each application for a state license to sell or market permissible fireworks shall be reviewed by the department in accordance with RSA 541-A:29.

(b) The applicant shall be notified of any apparent errors or omissions in the application and allowed to resubmit the application.

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

(2) The applicant does not have a valid local permit for the sale of fireworks, pursuant to RSA 160-C:3, I;

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

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

(5) The building in which the business will be located, including any storage facility, does not comply with 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;

(6) The applicant has been:

a. Convicted of any offense involving fireworks or explosives within 2 years prior to the application which has not been annulled; or

b. Found to have violated any fireworks or explosive laws or rules within 2 years prior to the application;

(7) The applicant has been convicted of a felony, or, if the license were to be issued to a 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.

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

(9) The applicant has not provided proof of insurance, pursuant to Saf-C 2603;

(10) The issuance of a license is contrary to state or federal law;

(11) The applicant has failed to comply with a lawful order of the marshal or local fire chief concerning the state building code or the state fire code;

(12) Storage does not comply with applicable federal, state or local laws and rules for the storage of fireworks and related materials; or

(13) The applicant has not paid the applicable fee pursuant to RSA 160-C:3, VII.

(d) Pursuant to RSA 160-C:VI-a, an applicant who has been denied a state license to sell or market permissible fireworks pursuant to (c) above shall, upon request, be granted a hearing before the bureau of hearings of the department of safety. All hearings shall be conducted in accordance with Saf-C 200.

Source. #10784, eff 2-13-15

Saf-C 2606.07 Approval of a State License to Sell or Market Permissible Fireworks.

(a) In the absence of any grounds for denial under Saf-C 2606.06(c), the commissioner shall approve an application and shall issue a license to sell or market permissible fireworks pursuant to RSA 160-C:3.

(b) The license shall include the following:

(1) License number;

(2) Licensee’s name and location of the business; and

(3) Licensee’s signature.

(c) The initial license shall be valid for not more than one year from the date of issue and may be renewed on May 1^st of the following year. The initial license fee shall be pro-rated to correspond with the initial date of issue.

Source. #10784, eff 2-13-15

Saf-C 2606.08 Renewal of a State License to Sell or Market Permissible Fireworks.

(a) Upon renewal of a local permit to sell permissible fireworks by a municipality, a person may apply for a renewal of state license to sell or market permissible fireworks.

(b) Each applicant for the renewal of a state license to sell or market permissible fireworks shall complete and submit the application form, DSSP 262P, “Application for License to Sell Permissible Fireworks”, effective July, 2014.

(c) Each corporate or partnership applicant shall include the following along with form DSSP 262P, a certificate of authority or certificate of vote indicating that the person filling out the application is authorized by the corporation or partnership to bind the corporation or partnership.

(d) Each applicant for the renewal of a state license to sell permissible fireworks shall also submit the applicable fee pursuant to RSA 160-C:3, VII.

(e) Prior to the issuance of a renewed state license to sell or market permissible fireworks, the commissioner shall inspect the applicant’s business and storage area(s) to ensure compliance with all applicable fire safety codes, building codes, zoning codes, and the requirements of local ordinances.

Source. #10784, eff 2-13-15

PART Saf-C 2607 USE, HANDLING AND STORAGE OF PERMISSIBLE FIREWORKS

Saf-C 2607.01 Promotion of Permissible Firework Sales.

(a) Buildings shall be used solely for the sale and storage of permissible fireworks and the items that promote such sales.

(b) Items that promote the sale of permissible fireworks shall have the following visibly and permanently affixed to the item itself or its packaging:

(1) Licensee’s name; and

(2) A minimum of one of the following types of contact information for the licensee:

a. Address;

b. Telephone number; or

c. E-mail address or web site URL.

(c) Items for sale or giveaway to consumers that promote the sale of permissible fireworks shall not be placed in a position in the retail sales floor area to contribute to a rapid spread of fire across the retail store containing fireworks.

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; ss by #10784, eff 2-13-15

Saf-C 2607.02 Storage of Permissible Fireworks.

(a) For other than a consumer, all permissible fireworks shall be stored in accordance with the state building code, RSA 155-A, and the state fire code Saf-C 6000.

(b) Trailers, semi-trailers or metal storage containers may be used to store permissible fireworks after obtaining approval from the commissioner.

(c) At least 30 business days prior to using a trailer(s), semi-trailer(s) or metal storage container(s) pursuant to (b) above, the person shall submit in writing the following:

(1) Documentation that the trailer, semi-trailer or storage container complies with the state building code and state fire code; and

(2) Documentation that all local approvals have been obtained from the local fire official, local building official, and local planning, zoning, or land use board, as applicable.

(d) The commissioner shall approve a request pursuant to (c) above so long as the storage container, trailer, or semi-trailer:

(1) Complies with the state building code and state fire code; and

(2) All local approval has been obtained from the local fire official, local building official, and local planning, zoning, or land use board, as applicable.

(e) No later than 10 business days after the removal of any trailer(s), semi-trailer(s) or metal storage container(s), the person shall notify the commissioner.

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; ss by #10784, eff 2-13-15

Saf-C 2607.03 Fire Danger Due to Weather.

(a) The local fire chief, in conjunction with the local forest fire warden, or the marshal, in conjunction with the director of forest and lands in the department of resources and economic development, may prohibit the use of permissible fireworks during periods of “high”, “very high”, or “extreme” fire danger due to weather, as determined by the department of resources and economic development, division of forest and lands, bureau of forest protection, when outside burning has also been prohibited.

(b) When the local fire chief and local forest fire warden, or the marshal and the director of forest and lands prohibit the use of permissible fireworks pursuant to (a) above, they shall immediately notify the public of such prohibition through a public announcement. Prohibitions made by the marshal and the director of forest and lands in the department of resources and economic development shall also be posted, in a prominent place, on each agencies website.

(c) Once the prohibition of the use of permissible fireworks has been lifted by the local fire chief and local forest fire warden, or the marshal and the director of forest and lands, they shall immediately notify the public that such use can be resumed through a public announcement, which shall be made in the same manner as the original announcement.

(d) If such prohibition involves the state or a large geographical area of the state, the announcement pursuant to (b) and (c) above, shall be posted in a conspicuous place in all licensed retail sales establishments.

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; ss by #10784, eff 2-13-15

Saf-C 2607.04 Use of Permissible Fireworks by Consumer.

(a) Permissible fireworks shall be used in accordance with RSA 160-C.

(b) Permissible fireworks shall be used in accordance with all safety information and instructions provided on or with each device.

(c) Permissible fireworks shall not be altered, modified, or tampered with in any manner from their original or intended design and use.

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; ss by #10784, eff 2-13-15

Saf-C 2607.05 Safety Information.

(a) Pursuant to RSA 160-C:12, any person engaged in selling permissible fireworks shall make available a pamphlet detailing the appropriate and safe use of the permissible fireworks being sold to each purchaser.

(b) The department shall have pamphlets that meet the requirements of RSA 160-C:12 available to any person engaged in selling permissible fireworks, electronically.

(c) In lieu of (b) above, any person engaged in selling permissible fireworks may provide his/her own pamphlet to purchasers which shall be approved by the commissioner if it complies with RSA 160-C:12 and these rules.

(d) Any person wishing to submit a pamphlet for approval shall submit the following to the commissioner:

(1) The name, address and telephone number of the licensee pursuant to RSA 160-C;

(2) Name and telephone number of contact person; and

(3) A draft copy of the pamphlet.

(e) Any pamphlet provided pursuant to (c) above shall include at least 12 different safety recommendations for appropriate and safe use of permissible fireworks from any of the following resources:

(1) U.S Consumer Products Safety Commission at

http://www.cpsc.gov/en/Safety-Education/Safety-Education-Centers/Fireworks/;

(2) NFPA at

http://www.nfpa.org/safety-information/for-consumers/holidays/fireworks/fireworks-safety-tips;

(3) National Safety Council at http://www.nsc.org/news_resources/Resources/Documents/Using%20Fireworks%20Safely.pdf ;

(4) Safe Kids at http://www.safekids.org/tip/fireworks-safety-tips;

(5) American Pyrotechnics Association at http://www.americanpyro.com/backyard-fireworks-tips; or

(6) Division of Fire Safety at http://www.nh.gov/safety/divisions/firesafety/special-perations/fireworks/documents/PermissibleFireworksSafetyBrochure.pdf.

(f) Within 60 days of receipt of the request pursuant to (d) above, the commissioner shall review and approve or deny the request in writing. All denials shall include a statement as to the reason due to noncompliance with (d), (e), or both.

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; ss by #10784, eff 2-13-15

Saf-C 2607.06 Use of Permissible Fireworks by Other Than a Consumer. Any person, other than a consumer, conducting a permissible fireworks display shall:

(a) Comply with all ordinances and requirements established by the local fire chief, and on state lands and in unincorporated areas the department.

(b) Notify the local fire chief, in writing, at least 5 business days prior to the date of the permissible fireworks display;

(d) Provide the local fire chief and the department with written proof of appropriate liability insurance for the permissible fireworks display being conducted;

(e) Notify the department, electronically or in writing, at least 3 business days prior to the date of the permissible fireworks display with the following information:

(1) Date and time of the permissible fireworks display;

(2) Physical location of the permissible fireworks display; and

(3) An inventory list of all devices to be used during the permissible fireworks display;

(f) Locate the display at least 200 feet from any audience member, building or tent/canvas structure, unless the permissible fireworks display has been approved in accordance with Saf-C 6900; and

(g) Prior to any discharge of permissible fireworks, erect a physical boundary or clearly delineated safety zone surrounding the discharge area to ensure than an audience member or vehicle will not enter the discharge site.

Source. #6459, eff 2-20-97; ss by #7905, eff 6-24-03; ss by #8519, eff 12-16-05; ss by #10784, eff 2-13-15

Saf-C 2607.07 Responsibility to Post Information. Pursuant to RSA 160-C:10, any person engaged in selling permissible fireworks shall post in a conspicuous place on the sales premises a list, prepared by the commissioner, of the municipalities where the display or possession of permissible fireworks is prohibited and of all permissible fireworks that are authorized for retail sale.

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; ss by #10784, eff 2-13-15

Saf-C 2607.08 Theft or Loss.

(a) Any theft or unexplained loss of permissible fireworks valuing more than $100.00, from a licensed establishment or any of its storage areas shall be immediately reported to the commissioner and the local police department.

(b) Crimes such as shoplifting shall be reported to the local police department.

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; ss by #10784, eff 2-13-15

PART Saf-C 2608 LICENSE SUSPENSION

Saf-C 2608.01 Complaints.

(a) Upon receipt of a complaint or information that alleges a licensee is misusing a license to market or sell display, 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 its rules Saf-C 200.

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; ss by #10784, eff 2-13-15 (from Saf-C 2607.01)

Saf-C 2608.02 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 provision of RSA 160-B or RSA 160-C, as applicable, or any of these rules;

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

(g) The annual license fee pursuant to RSA 160-B:6, V or RSA 160-C:3, VII has not been paid;

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

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

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

(2) Determined at a hearing to have violated any fireworks or explosives laws, rules or regulations;

(j) The licensee failed to comply with a lawful order of the commissioner or a local official;

(k) The licensee failed to comply with the requirements of the state fire code, Saf-C 6000;

(l) The licensee failed to properly notify the department of a storage location off site of the store premises; or

(m) The licensee failed to comply with any requirements relative to the storage of fireworks.

Source. #10784, eff 2-13-15 (from Saf-C 2607.04)

Saf-C 2608.03 Period of Suspension.

(a) The suspension period for a single violation of RSA 160-C:2, II within a 12-month period shall be a minimum of 10 consecutive days, but no longer than 14 days.

(b) The suspension period for any violation set forth in Saf-C 2608.02 , or a subsequent violation of RSA 160-C:2, II in a 12-month period, shall be a maximum of 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 2608.02;

(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.

(e) Notwithstanding any rule to the contrary, any licensee found to be selling permissible fireworks after the person’s license has been suspended pursuant to RSA 160-C:8, and Saf-C 2608.05 below, shall not have the license reinstated for a minimum of one year from the date of the immediate suspension.

Source. #10784, eff 2-13-15

Saf-C 2608.04 Revocation.

(a) A display and consumer fireworks license shall be revoked if the licensee, or in the case of a 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 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. #10784, eff 2-13-15 (from Saf-C 2607.06)

Saf-C 2608.05 Immediate Suspension.

(a) The commissioner shall immediately suspend the license to market or sell display and consumer fireworks, permissible fireworks, or both, if after receipt of a complaint, an investigation indicates that a licensee:

(1) Has violated Saf-C 2608.02 and such violation results in jeopardizing public health, safety, or welfare;

(2) Pursuant to RSA 160-B:14, has violated RSA 160-B or any rules adopted pursuant to that chapter; or

(3) Pursuant to RSA 160-C:8, has violated RSA 160-C or any rules adopted pursuant to that chapter.

(b) Any person whose license is suspended pursuant to this section or RSA 160-C:8 or RSA 160-B:14 shall be given the opportunity for a hearing within 10 days of the suspension.

(d) All hearings shall be conducted in accordance with Saf-C 203.

Source. #10784, eff 2-13-15 (from Saf-C 2607.07)

APPENDIX

RULE	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, RSA 160-B:6 and RSA 160-C:3

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 160-B:1, IV; RSA 160-C:1, I
Saf-C 2602.06	RSA 541-A:7
Saf-C 2602.07	RSA 541-A:7
Saf-C 2602.08	RSA 160-B:1, IX; RSA 160-C:1, II
Saf-C 2602.09	RSA 541-A:7
Saf-C 2602.10	RSA 160-B:1, V
Saf-C 2602.11	RSA 160-B:1, X; RSA 160-C:1, III
Saf-C 2602.12	RSA 160-B:1, I; RSA 160-C:1, IV
Saf-C 2602.13 & Saf-C 2602.14	RSA 541-A:7
Saf-C 2602.15	RSA 541-A:7
Saf-C 2602.16	RSA 160-C:1, V
Saf-C 2602.17 & Saf-C 2602.18	RSA 541-A:7
Saf-C 2602.19	RSA 21:9
Saf-C 2602.20	RSA 160-B:1, VII; RSA 160-C:1, VI
Saf-C 2602.21	RSA 160-B:1, VI; RSA 160-C:1, VII
Saf-C 2602.22	RSA 160-B:1, VIII

Saf-C 2603.01 – Saf-C 2603.04	RSA 160-B:8, IV
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-Saf-C 2604.07	RSA 160-B:12

Saf-C 2605.01	RSA 160-B:2, I(c)
Saf-C 2605.02 & Saf-C 2605.03	RSA 160-B:2, I(c); RSA 160-B:6,I
Saf-C 2605.04	RSA 160-B:6
Saf-C 2605.05	RSA 160-B:6, II
Saf-C 2605.06 & Saf-C 2605.07	RSA 160-B:6 & RSA 541-A:29
Saf-C 2605.08	RSA 160-B:6, II
Saf-C 2605.09	RSA 160-B:6, VI

Saf-C 2606.01(a)	RSA 160-C:2
Saf-C 2606.01(b)	RSA 160-C:3, II-b
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 & Saf-C 2602.03	RSA 160-C:3, I
Saf-C 2606.04	RSA 160-C:3
Saf-C 2606.05-Saf-C 2606.07	RSA 160-C:3, II; RSA 541-A:29
Saf-C 2606.08	RSA 160-C:3, II

Saf-C 2607.01	RSA 160-C:3, IV
Saf-C 2607.02 – Saf-C 2607.04	RSA 160-C:4, V
Saf-C 2607.05	RSA 160-C:12
Saf-C 2607.06	RSA 160-C:4, V
Saf-C 2607.07	RSA 160-C:10

Saf-C 2608.01-Saf-C 2608.04	RSA 541-A:16, I(b)(2); RSA 541-A:30-a
Saf-C 2608.05	RSA 160-B:14; RSA 160-C:8 and RSA 541-A:30, III