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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HOUSE BILL 2398 |
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AN ACT
amending section 36‑1601 and 36‑1609, Arizona Revised Statutes; relating to fireworks.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-1601, Arizona Revised Statutes, is amended to read:
36-1601. Definitions
In this article, unless the context otherwise requires:
1. "APA 87‑1" means the American pyrotechnics association standard 87‑1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.
2. "Consumer firework" means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations parts 172 and 173, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87‑1.
3. "Display firework" means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87‑1.
4. "Fireworks":
(a) Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework.
(b) Does not include:
(i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty‑five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion.
(ii) Toy pistol paper caps that contain less than twenty‑hundredths grains of explosive mixture, or fixed ammunition or primers therefor.
(iii) Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers.
(iv) Permissible consumer fireworks.
5. "Governing body" means the board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town and means the governing body of an incorporated city or town as to the area within its corporate limits.
6. "NFPA 1124" means the national fire protection association code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles, 2013 edition as published in August 2012, not including section 7.5.1.2(4).
7. "Permissible consumer fireworks":
(a) Means the following types of consumer fireworks as defined by the APA 87‑1:
(i) Ground and handheld sparkling devices.
(ii) Cylindrical fountains.
(iii) Cone fountains.
(iv) Illuminating torches.
(v) Wheels.
(vi) Ground spinners.
(vii) Flitter sparklers.
(viii) Toy smoke devices.
(ix) Wire sparklers or dipped sticks.
(x) Mine and shell devices.
(xi) Firecrackers.
(x) (xii) Multiple tube ground and handheld sparkling devices, including cylindrical
fountains, cone fountains,
mine and shell devices and illuminating torches manufactured in
accordance with section 3.5 of the APA 87‑1.
(b) Does not include anything, other than mine and shell devices and
firecrackers, that is designed or intended to rise into the air and
explode or to detonate in the air or to fly above the ground, including
firework items defined by the APA 87‑1 and known as firecrackers, bottle rockets, sky rockets,
missile-type rockets, helicopters, aerial spinners, torpedoes, roman candles, mine devices, shell devices and aerial shell
kits or reloadable tubes.
8. "Person" includes an individual, partnership, firm or corporation.
Sec. 2. Section 36-1609, Arizona Revised Statutes, is amended to read:
36-1609. State fire marshal; adoption of code; sale of permissible consumer fireworks
A. The state fire marshal shall adopt rules pursuant
to title 41, chapter 6 to carry out this article, including a rule that adopts the national fire protection association code for the
manufacture, transportation, storage and retail sales of fireworks and
pyrotechnic articles, 2013 edition as published in August, 2012 NFPA 1124. A
person who sells permissible consumer fireworks to the public shall comply with
those rules relating to the storage of consumer fireworks and relating to the
retail sales of consumer fireworks before selling permissible consumer
fireworks to the public.
B. A person shall not sell or permit or authorize the sale of permissible consumer fireworks to a person who is under sixteen years of age.