Title 10, Public Safety And Internal Security

[§132D-1] Title. This chapter shall be known and may be cited as the "Fireworks Control Law". [L 1994, c 180, pt of §1]

§132D-10 Permits. (a) A permit shall be required for the purchase and use of: (b) Each person may purchase a maximum of fifty permits per year; provided that this limit shall not apply to permits issued under subsection (a)(2); provided further that nothing in this section shall …

§132D-11 Fee. (a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site for each year or fraction of a year in which the licensee plans to conduct bus…

§132D-12 Distribution to minors; prohibited. (a) It shall be unlawful for any person to distribute any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks to minors, except as provided in section 132D-13. (b) Any person who violates this section shall b…

§132D-13 Liability of parents or guardians. (a) Except as provided in subsection (b), it shall be unlawful for a parent, guardian, or other person having the custody or control of any minor to knowingly permit the minor to: (b) The parent or guardian may allow the minor to use co…

§132D-14 Penalty. (a) Except as provided in subsections (b) and (c), any person: (b) Any person who would otherwise be subject to sentencing for a criminal offense under subsection (a) shall be guilty of an offense one class or grade higher, as the case may be, than that provided…

§132D-14.5 Liability of homeowner, renter, or person otherwise responsible for real property. (a) Except as provided in subsections (b) and (c), a homeowner, renter, or person otherwise responsible for real property who intentionally, knowingly, recklessly, or negligently: (b) An…

§132D-15 Notice requirements. Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing consumer fireworks of the prohibitions, liabilities, and penalties incorporated in sections 132D-12, 132D-13, 132D-14, and 132D-5.5. [L 1994, c 180, p…

§132D-16 Permit for display. (a) Any person desiring to set off, ignite, or discharge aerial devices, display fireworks, or articles pyrotechnic for a display shall apply to, and obtain a permit as required by section 132D-10, from the county not less than twenty days before the …

§132D-16.5 Labeling of display fireworks. (a) This section shall apply to any display fireworks, articles pyrotechnic, or aerial devices used for a display. (b) Each shell, mine, comet, and multiple tube device, such as finale or barrage boxes, roman candle batteries, or cakes, s…

[§132D-16.6] Display site inspection. Each county fire chief is authorized to conduct inspections of the persons conducting a display, including the site where the display is occurring or will occur within the fire chief's county to determine compliance with the applicable county…

[§132D-16.7] Display stop order. A county fire chief is authorized to immediately revoke or suspend any permit issued under section 132D-16 for display of display fireworks, articles pyrotechnic, or aerial devices within the fire chief's county for the following reasons:

§132D-17.5 County ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county fireworks ordinance; provided that the ordinance is at least as stringent in the control or prohibition of aerial devices, articles pyrotechnic, consumer fir…

[§132D-18] Effect on other laws. Nothing in this chapter shall be construed to apply to the possession, storage, sale, or use of explosives and combustibles in accordance with chapter 396. [L 1994, c 180, pt of §1]

§132D-2 Definitions. As used in this chapter unless the context requires otherwise: "Aerial device" means any fireworks that upon ignition, discharge, or otherwise being set off rises more than twelve feet into the air and then combusts, explodes, deflagrates, or detonates in the…

§132D-20 Enforcement; probable cause for arrest. (a) This chapter shall be enforced by the department of law enforcement or each county. The department of law enforcement and counties, or both, are authorized to enforce and administer the provisions of this chapter. (b) Arrests f…

[§132D-20.5] Refusal to provide identification. (a) Except as provided in subsection (b), any person detained for violating this chapter shall provide the person's name and current mailing address, or any proof thereof, upon the lawful order or direction of any law enforcement of…

§132D-21 Health care facilities; report of fireworks and articles pyrotechnic incidents. (a) Health care facilities in this State shall report all incidents of serious injuries and fatalities caused by legal and illegal aerial devices, articles pyrotechnic, consumer fireworks, or…

§132D-22 Entry onto premises; inspection of premises, books, and records; obstructing inspector operations; penalty. (a) Any inspector may, at reasonable hours, enter and inspect the premises of a licensee or permittee and any relevant books or records therein to verify complianc…

[§132D-23] Administrative inspections; controlled premises. (a) The director or the director's designee may conduct administrative inspections of controlled premises after presenting appropriate credentials to the licensee, permittee, other persons subject to this chapter, or the…

[§132D-24] Recordkeeping requirements. (a) A person having a license or permit issued under this chapter to hold, store, transport, sell, possess, or otherwise dispose of fireworks or articles pyrotechnic shall keep records and maintain inventories in conformance with the recordk…

[§132D-25] Mandatory reporting requirements. (a) Notwithstanding any other law requiring confidentiality, a licensee or permittee who, in the licensee's or permittee's professional or official capacity, has reason to believe that fireworks or articles pyrotechnic in the licensee'…

[§132D-26] Disposal of confiscated fireworks or articles pyrotechnic. Any law enforcement agency or county fire department that confiscates prohibited fireworks or articles pyrotechnic pursuant to this chapter may safely destroy or dispose of the confiscated fireworks or articles…

[§132D-27] Storage and disposal fine. (a) In any administrative, civil, or criminal action to enforce this chapter, after providing notice and an opportunity for hearing, the agency or a court hearing the action shall hold any party violating this chapter liable for the total amo…

§132D-3 Permissible uses of consumer fireworks. Consumer fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only: provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers sha…

§132D-4 Permissible uses of display fireworks, articles pyrotechnic, and aerial devices. (a) Display fireworks, articles pyrotechnic, and aerial devices may be purchased, set off, ignited, or otherwise caused to explode in the State only if for display and permitted in writing pu…

§132D-5 General fireworks or articles pyrotechnic prohibitions in the first degree. (a) It shall be unlawful for any person to: (b) Except as provided in subsections (c) and (d), the offense of general fireworks or articles pyrotechnic prohibitions in the first degree shall be a …

[§132D-5.1] General fireworks or articles pyrotechnic prohibitions in the second degree. (a) A person commits the offense of general fireworks or articles pyrotechnic prohibitions in the second degree if, without a permit issued pursuant to sections 132D-10 and 132D-16, the perso…

[§132D-5.2] Sending or receiving fireworks or articles pyrotechnic by air delivery; prohibited. (a) A person commits the offense of sending or receiving fireworks or articles pyrotechnic by air delivery if the person intentionally, knowingly, or recklessly sends or receives any a…

[§132D-5.3] Distributing fireworks or articles pyrotechnic to non-permit holder. (a) A person commits the offense of distributing fireworks or articles pyrotechnic to non-permit holder when the person, who holds a valid license required pursuant to section 132D-7, intentionally, …

[§132D-5.4] Removal or extraction of pyrotechnic contents; prohibited. Any person who removes or extracts the pyrotechnic contents from any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks shall be guilty of a class C felony. [L 2025, c 243, pt of §2…

[§132D-5.5] Consumer fireworks prohibitions. (a) It shall be unlawful for any person to: provided that a person licensed pursuant to sections 132D-7 and 132D-8 may purchase and possess consumer fireworks in accordance with the person's license. (b) It shall be unlawful for any pe…

§132D-6 Exceptions. The prohibitions in sections 132D-5, 132D-5.1, and 132D-5.4 shall not apply to:

§132D-7 License or permit required. A person shall not:

§132D-8 Application for license. (a) All licenses required under section 132D-7 shall be issued by the county and shall be nontransferable. Licenses to import shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The applic…

§132D-8.5 Importation of aerial devices, display fireworks, or articles pyrotechnic for display. Aerial devices, display fireworks, or articles pyrotechnic shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided …

§132D-8.6 Requirements of licensee. (a) Any person who has obtained a license required pursuant to section 132D-7 and ships fireworks or articles pyrotechnic into the State shall: (b) The department of law enforcement or fire department of a county, in which a shipment of firewor…

[§132D-8.7] Requirements of carrier. (a) Any carrier or person shipping aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks: provided that the notification shall include, when applicable, the container identification number, manifest, bill of lading, co…

§132D-9 Application for permit. (a) The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and shall be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have bee…