CHAPTER 14. REGULATION OF FIREWORKS BY FIRE MARSHAL
IC 22-11-14
Chapter 14. Regulation of Fireworks by Fire Marshal
IC 22-11-14-1
Definitions
Sec. 1. As used in this chapter and IC 22-11-14.5:
"Auto burglar alarm" means a tube that contains pyrotechniccomposition that produces a loud whistle or smoke when ignited. Asmall quantity of explosive, not exceeding fifty (50) milligrams, mayalso be used to produce a small report. A squib is used to ignite thedevice.
"Booby trap" means a small tube with string protruding from bothends, similar to a party popper in design. The ends of the string arepulled to ignite the friction sensitive composition, producing a smallreport.
"Chaser" means a device, containing fifty (50) milligrams or lessof explosive composition, that consists of a small paper or cardboardtube that travels along the ground upon ignition. A whistling effectis often produced, and a small noise may be produced.
"Cigarette load" means a small wooden peg that has been coatedwith a small quantity of explosive composition. Upon ignition of acigarette containing one (1) of the pegs, a small report is produced.
"Consumer firework" means a small firework that is designedprimarily to produce visible effects by combustion, and that isrequired to comply with the construction, chemical composition, andlabeling regulations promulgated by the United States ConsumerProduct Safety Commission under 16 CFR 1507. The term alsoincludes some small devices designed to produce an audible effect,such as whistling devices, ground devices containing fifty (50)milligrams or less of explosive composition, and aerial devicescontaining one hundred thirty (130) milligrams or less of explosivecomposition. Propelling or expelling charges consisting of a mixtureof charcoal, sulfur, and potassium nitrate are not considered asdesigned to produce an audible effect. Consumer fireworks:
(1) include:
(A) aerial devices, which include sky rockets, missile typerockets, helicopter or aerial spinners, roman candles, mines,and shells;
(B) ground audible devices, which include firecrackers,salutes, and chasers; and
(C) firework devices containing combinations of the effectsdescribed in clauses (A) and (B); and
(2) do not include the items referenced in section 8(a) of thischapter.
"Cone fountain" means a cardboard or heavy paper cone whichcontains up to fifty (50) grams of pyrotechnic composition, andwhich produces the same effect as a cylindrical fountain.
"Cylindrical fountain" means a cylindrical tube not exceedingthree-quarters (3/4) inch in inside diameter and containing up toseventy-five (75) grams of pyrotechnic composition. Fountains
produce a shower of color and sparks upon ignition, and sometimesa whistling effect. Cylindrical fountains may contain a spike to beinserted in the ground (spike fountain), a wooden or plastic base tobe placed on the ground (base fountain), or a wooden handle orcardboard handle for items designed to be hand held (handlefountain).
"Dipped stick" or "wire sparkler" means a stick or wire coatedwith pyrotechnic composition that produces a shower of sparks uponignition. Total pyrotechnic composition does not exceed one hundred(100) grams per item. Those devices containing chlorate orperchlorate salts do not exceed five (5) grams in total compositionper item. Wire sparklers that contain no magnesium and that containless than one hundred (100) grams of composition per item are notincluded in the category of consumer fireworks.
"Distributor" means a person who sells fireworks to wholesalersand retailers for resale.
"Explosive composition" means a chemical or mixture ofchemicals that produces an audible effect by deflagration ordetonation when ignited.
"Firecracker" or "salute" is a device that consists of a small paperwrapped or cardboard tube containing not more than fifty (50)milligrams of pyrotechnic composition and that produces, uponignition, noise, accompanied by a flash of light.
"Firework" means any composition or device designed for thepurpose of producing a visible or audible effect by combustion,deflagration, or detonation. Fireworks consist of consumer fireworks,items referenced in section 8(a) of this chapter, and specialfireworks. The following items are excluded from the definition offireworks:
(1) Model rockets.
(2) Toy pistol caps.
(3) Emergency signal flares.
(4) Matches.
(5) Fixed ammunition for firearms.
(6) Ammunition components intended for use in firearms,muzzle loading cannons, or small arms.
(7) Shells, cartridges, and primers for use in firearms, muzzleloading cannons, or small arms.
(8) Indoor pyrotechnics special effects material.
(9) M-80s, cherry bombs, silver salutes, and any device bannedby the federal government.
"Flitter sparkler" means a narrow paper tube filled withpyrotechnic composition that produces color and sparks uponignition. These devices do not use a fuse for ignition, but rather areignited by igniting the paper at one (1) end of the tube.
"Ground spinner" means a small spinning device that is similar towheels in design and effect when placed on the ground and ignited,and that produces a shower of sparks and color when spinning.
"Helicopter" or "aerial spinner" is a spinning device:
(1) that consists of a tube up to one-half (1/2) inch in inside
diameter and that contains up to twenty (20) grams ofpyrotechnic composition;
(2) to which some type of propeller or blade device is attached;and
(3) that lifts into the air upon ignition, producing a visible oraudible effect at the height of flight.
"Illuminating torch" means a cylindrical tube that:
(1) contains up to one hundred (100) grams of pyrotechniccomposition;
(2) produces, upon ignition, a colored fire; and
(3) is either a spike, base, or handle type device.
"Importer" means:
(1) a person who imports fireworks from a foreign country; or
(2) a person who brings or causes fireworks to be broughtwithin this state for subsequent sale.
"Indoor pyrotechnics special effects material" means a chemicalmaterial that is clearly labeled by the manufacturer as suitable forindoor use (as provided in National Fire Protection AssociationStandard 1126 (2001 edition)).
"Interstate wholesaler" means a person who is engaged ininterstate commerce selling fireworks.
"Manufacturer" means a person engaged in the manufacture offireworks.
"Mine" or "shell" means a device that:
(1) consists of a heavy cardboard or paper tube up to two andone-half (2 1/2) inches in inside diameter, to which a woodenor plastic base is attached;
(2) contains up to forty (40) grams of pyrotechnic composition;and
(3) propels, upon ignition, stars (pellets of pressed pyrotechniccomposition that burn with bright color), whistles, parachutes,or combinations thereof, with the tube remaining on the ground.
"Missile-type rocket" means a device that is similar to a skyrocket in size, composition, and effect, and that uses fins rather thana stick for guidance and stability.
"Municipality" has the meaning set forth in IC 36-1-2-11.
"Party popper" means a small plastic or paper item containing notmore than sixteen (16) milligrams of explosive composition that isfriction sensitive. A string protruding from the device is pulled toignite it, expelling paper streamers and producing a small report.
"Person" means an individual, an association, an organization, alimited liability company, or a corporation.
"Pyrotechnic composition" means a mixture of chemicals thatproduces a visible or audible effect by combustion rather thandeflagration or detonation. Pyrotechnic compositions will notexplode upon ignition unless severely confined.
"Responding fire department" means the paid fire department orvolunteer fire department that renders fire protection services to apolitical subdivision.
"Retail sales stand" means a temporary business site or location
where goods are to be sold.
"Retailer" means a person who purchases fireworks for resale toconsumers.
"Roman candle" means a device that consists of a heavy paper orcardboard tube not exceeding three-eighths (3/8) inch in insidediameter and that contains up to twenty (20) grams of pyrotechniccomposition. Upon ignition, up to ten (10) stars (pellets of pressedpyrotechnic composition that burn with bright color) are individuallyexpelled at several second intervals.
"Sky rocket" means a device that:
(1) consists of a tube that contains pyrotechnic composition;
(2) contains a stick for guidance and stability; and
(3) rises into the air upon ignition, producing a burst of color ornoise at the height of flight.
"Smoke device" means a tube or sphere containing pyrotechniccomposition that produces white or colored smoke upon ignition asthe primary effect.
"Snake" or "glow worm" means a pressed pellet of pyrotechniccomposition that produces a large, snake-like ash upon burning. Theash expands in length as the pellet burns. These devices do notcontain mercuric thiocyanate.
"Snapper" means a small, paper wrapped item containing a minutequantity of explosive composition coated on small bits of sand.When dropped, the device explodes, producing a small report.
"Special discharge location" means a location designated for thedischarge of consumer fireworks by individuals in accordance withrules adopted under section 3.5 of this chapter.
"Special fireworks" means fireworks designed primarily toproduce visible or audible effects by combustion, deflagration, ordetonation, including firecrackers containing more than one hundredthirty (130) milligrams of explosive composition, aerial shellscontaining more than forty (40) grams of pyrotechnic composition,and other exhibition display items that exceed the limits forclassification as consumer fireworks.
"Trick match" means a kitchen or book match that has beencoated with a small quantity of explosive or pyrotechniccomposition. Upon ignition of the match, a small report or a showerof sparks is produced.
"Trick noisemaker" means an item that produces a small reportintended to surprise the user.
"Wheel" means a pyrotechnic device that:
(1) is attached to a post or tree by means of a nail or string;
(2) contains up to six (6) driver units (tubes not exceedingone-half (1/2) inch in inside diameter) containing up to sixty(60) grams of composition per driver unit; and
(3) revolves, upon ignition, producing a shower of color andsparks and sometimes a whistling effect.
"Wholesaler" means a person who purchases fireworks for resaleto retailers.
(Formerly: Acts 1939, c.154, s.1; Acts 1947, c.366, s.1; Acts 1959,
c.290, s.1; Acts 1975, P.L.259, SEC.1.) As amended byP.L.236-1983, SEC.1; P.L.229-1985, SEC.1; P.L.8-1993, SEC.296;P.L.168-1996, SEC.1; P.L.25-2004, SEC.1; P.L.187-2006, SEC.1;P.L.177-2007, SEC.1.
IC 22-11-14-2
Public displays; permits; fees; qualified operations; denial ofpermit; violations
Sec. 2. (a) The fire prevention and building safety commissionshall:
(1) adopt rules under IC 4-22-2 for the granting of permits forsupervised public displays of fireworks by municipalities, fairassociations, amusement parks, and other organizations orgroups of individuals; and
(2) establish by rule the fee for the permit, which shall be paidinto the fire and building services fund created underIC 22-12-6-1.
(b) The application for a permit required under subsection (a)must:
(1) name a competent operator who is to officiate at the display;
(2) set forth a brief resume of the operator's experience;
(3) be made in writing; and
(4) be received with the applicable fee by the division of fireand building safety at least five (5) business days before thedisplay.
No operator who has a prior conviction for violating this chapter mayoperate any display for one (1) year after the conviction.
(c) Every display shall be handled by a qualified operatorapproved by the chief of the fire department of the municipality inwhich the display is to be held. A display shall be located,discharged, or fired as, in the opinion of:
(1) the chief of the fire department of the city or town in whichthe display is to be held; or
(2) the township fire chief or the fire chief of the municipalitynearest the site proposed, in the case of a display to be heldoutside of the corporate limits of any city or town;
after proper inspection, is not hazardous to property or person.
(d) A permit granted under this section is not transferable.
(e) A denial of a permit by a municipality shall be issued inwriting before the date of the display.
(f) A person may not possess, transport, or deliver specialfireworks, except as authorized under this section.
(Formerly: Acts 1939, c.154, s.2; Acts 1951, c.251, s.1; Acts 1972,P.L.178, SEC.1; Acts 1975, P.L.259, SEC.2.) As amended by Acts1978, P.L.2, SEC.2249; P.L.229-1985, SEC.2; P.L.3-1990, SEC.78;P.L.2-1995, SEC.86; P.L.168-1996, SEC.2; P.L.25-2004, SEC.2;P.L.1-2006, SEC.346; P.L.187-2006, SEC.2.
IC 22-11-14-3
Public displays; certificate of insurance; violations Sec. 3. (a) The governing body of the municipality shall requirea certificate of insurance conditioned for the payment of all damageswhich may be caused either to a person or persons in an amount ofnot less than ten thousand dollars ($10,000) and to property in anamount of not less than ten thousand dollars ($10,000), by reason ofthe licensed display, and arising from any acts of the licensee, hisagents, employees, or subcontractors. However, the governing bodyof the municipality may in its discretion require additional amountsof insurance coverage not to exceed one hundred thousand dollars($100,000) for damages caused to a person or persons, or onehundred thousand dollars ($100,000) for damage to property.
(b) A person who fails to obtain a certificate of insurance requiredunder subsection (a) commits a Class A misdemeanor.
(Formerly: Acts 1939, c.154, s.3; Acts 1975, P.L.259, SEC.3.) Asamended by P.L.236-1983, SEC.2.
IC 22-11-14-3.5
Special discharge locations; permission to sponsor granted fromchief of municipal or township fire department
Sec. 3.5. The fire prevention and building safety commission mayadopt rules under IC 4-22-2 that specify the conditions under whichthe chief of a municipal or township fire department may grant apermit to a person to sponsor a special discharge location in themunicipality or township.
As added by P.L.187-2006, SEC.3.
IC 22-11-14-4
Wholesale sales; consumer fireworks usage; signal or ceremonialpurposes; pyrotechnics special effects material
Sec. 4. (a) Nothing in this chapter shall be construed to prohibit:
(1) any resident wholesaler, manufacturer, importer, ordistributor from selling:
(A) at wholesale fireworks not prohibited by this chapter; or
(B) consumer fireworks if they are to be used:
(i) on the property of the purchaser;
(ii) on the property of another who has given permissionto use the consumer fireworks; or
(iii) at a special discharge location as set forth in section3.5 of this chapter;
(2) the use of fireworks by railroads or other transportationagencies for signal purposes or illumination;
(3) the sale or use of blank cartridges for:
(A) a show or theater;
(B) signal or ceremonial purposes in athletics or sports; or
(C) use by military organizations;
(4) the intrastate sale of fireworks not approved for sale inIndiana between interstate wholesalers;
(5) the possession, sale, or disposal of fireworks, incidental tothe public display of Class B fireworks, by wholesalers or otherpersons who possess a permit to possess, store, and sell Class
B explosives from the Bureau of Alcohol, Tobacco, Firearmsand Explosives of the United States Department of Justice; or
(6) the use of indoor pyrotechnics special effects materialbefore an indoor or outdoor proximate audience.
(b) For the purposes of this section, a resident wholesaler,importer, or distributor, is a person who:
(1) is a resident of Indiana;
(2) possesses for storage or resale fireworks approved or notapproved for sale in Indiana;
(3) is engaged in the interstate sale of fireworks described insubdivision (2) as an essential part of a business that is locatedin a permanent structure and is open at least six (6) months eachyear; and
(4) has possession of a certificate of compliance issued by thestate fire marshal under section 5 of this chapter.
(Formerly: Acts 1939, c.154, s.4.) As amended by P.L.229-1985,SEC.3; P.L.168-1996, SEC.3; P.L.1-2006, SEC.347; P.L.187-2006,SEC.4.
IC 22-11-14-4.5
Sale of consumer fireworks
Sec. 4.5. (a) A retailer may sell consumer fireworks and itemsreferenced in section 8(a) of this chapter from a tent under thefollowing conditions:
(1) The tent may not be larger than one thousand five hundred(1,500) square feet.
(2) There may be only one (1) tent for each registration grantedunder section 11(a) of this chapter.
(3) The tent may not be located closer than one hundred (100)feet from a permanent structure.
(4) A vehicle may not be parked closer than twenty (20) feetfrom the edge of the tent.
(5) The tent must be fire retardant.
(6) The sales site must comply with all applicable local zoningand land use rules.
(7) Sales of fireworks may be made from the tent for not morethan forty-five (45) days in a year.
(8) The weight of consumer fireworks in a tent may not exceedthree thousand (3,000) gross pounds of consumer fireworks.
(9) A retailer that legally operated a tent with a registration in2005 may continue operation in a tent in 2006 and the followingyears. A registration under section 11(a) of this chapter isrequired for operation in 2006 and following years. Forpurposes of this subdivision, a retailer includes a residentwholesaler who supplied consumer fireworks to an applicant fora tent registration in 2005.
(10) The retailer holds a valid registration under section 11(a)of this chapter.
(b) A retailer may sell consumer fireworks and items referencedin section 8(a) of this chapter from a Class 1 structure (as defined in
IC 22-12-1-4) if the Class 1 structure meets the requirements of anyof the following subdivisions:
(1) The structure complied with the rules for a B-2 or Mbuilding occupancy classification before July 4, 2003, under theIndiana building code adopted by the fire prevention andbuilding safety commission established under IC 22-12-2-1:
(A) in which consumer fireworks were sold or stored on orbefore July 4, 2003; and
(B) in which no subsequent intervening nonfireworks salesor storage use has occurred.
(2) The structure complied with the rules for a B-2 or Mbuilding occupancy classification before July 4, 2003, under theIndiana building code adopted by the fire prevention andbuilding safety commission established under IC 22-12-2-1;
(A) in which consumer fireworks were sold or stored on orbefore July 4, 2003;
(B) in a location at which the retailer was registered as aresident wholesaler in 2005; and
(C) in which the retailer's primary business is not the sale ofconsumer fireworks.
(3) The structure complies with the rules for an H-3 buildingoccupancy classification under the Indiana building codeadopted by the fire prevention and building safety commissionestablished under IC 22-12-2-1, or the equivalent occupancyclassification adopted by subsequent rules of the fire preventionand building safety commission.
(4) The structure complies with the rules adopted after July 3,2003, by the fire prevention and building safety commissionestablished under IC 22-12-2-1 for an M building occupancyclassification under the Indiana building code.
A registration under section 11(a) of this chapter is required foroperation in 2006 and following years.
(c) This subsection does not apply to a structure identified insubsection (b)(1), (b)(2), (b)(3), or (b)(4). A retailer may sellconsumer fireworks and items referenced in section 8(a) of thischapter from a structure under the following conditions:
(1) The structure must be a Class 1 structure in which consumerfireworks are sold and stored.
(2) The sales site must comply with all applicable local zoningand land use rules.
(3) The weight of consumer fireworks in the structure may notexceed three thousand (3,000) gross pounds of consumerfireworks.
(4) The retailer holds a valid registration under section 11(a) ofthis chapter.
(5) A retailer that sold consumer fireworks and operated froma structure with a registration in 2005 may continue in operationin the structure in 2006 and the following years. A registrationunder section 11(a) of this chapter is required for operation in2006 and following years. (d) The state fire marshal or a member of the division of fire andbuilding safety staff shall, under section 9 of this chapter, inspecttents and structures in which fireworks are sold. The state firemarshal may delegate this responsibility to a responding firedepartment with jurisdiction over the tent or structure, subject to thepolicies and procedures of the state fire marshal.
(e) A retailer shall file an application for each retail location ona form to be provided by the state fire marshal.
(f) This chapter does not limit the quantity of items referenced insection 8(a) of this chapter that may be sold from any Class 1structure that complied with the rules of the fire prevention andbuilding safety commission in effect before May 21, 2003.
As added by P.L.187-2006, SEC.5.
IC 22-11-14-5
Violations; removal of stocks; restrictions on shipments and sales;certificate of compliance
Sec. 5. (a) The state fire marshal shall remove at the expense ofthe owner, all stocks of fireworks or combustibles possessed,transported, or delivered in violation of this chapter.
(b) The state fire marshal shall stop the shipments and sale offireworks, novelties, and trick noisemakers unless, prior to shipmentinto this state for sale, the manufacturer, wholesaler, importer, ordistributor of the fireworks, novelties, and trick noisemakers submitsto the state fire marshal:
(1) a complete description of each item proposed to be shippedinto Indiana;
(2) a written certification that the items are manufactured inaccordance with section 1 of this chapter; and
(3) an annual registration fee of one thousand dollars ($1,000).The registration fee shall be collected by the state fire marshaland deposited in the fire and building services fund as set forthin IC 22-12-6-1(c).
A manufacturer, wholesaler, importer, or distributor of fireworks,novelties, and trick noisemakers must submit a list to the state firemarshal on or before June 1 of each year. The list shall contain thename and address of each retail location of each of the customers ofthe manufacturer, wholesaler, importer, or distributor at which itemsreferenced in section 8(a) of this chapter will be sold. If uponinspection the state fire marshal finds that this chapter has beencomplied with, an annual certificate of compliance shall be issued tothe manufacturer, wholesaler, importer, or distributor. An annualcertificate of compliance may not be applied for after June 15 of ayear and expires December 31 of the year in which the certificate isissued. Each manufacturer, wholesaler, importer, or distributor mustobtain a certificate of compliance. The certificate is not transferableexcept to a subsequent owner or operator of a business at the samelocation in accordance with the policies and guidelines of the statefire marshal. A certified copy of the certificate of compliance mustbe posted in each location where the items are offered for sale to the
public. If upon inspection the state fire marshal finds that this chapterhas not been complied with, the state fire marshal shall refuse toissue a certificate of compliance and state the reasons for the refusal.A copy of the order denying the issuance of a certificate ofcompliance and the reasons shall be forwarded to the manufacturer,wholesaler, importer, or distributor. The state fire marshal mayrevoke any certificate of compliance issued to any manufacturer,wholesaler, importer, or distributor if the holder of the certificate hasviolated this chapter.
(c) All fireworks, novelties, and trick noisemakers shipped intoIndiana, or manufactured and sold in Indiana, must have distinctlyand durably painted, stamped, printed, or marked on the package,box, or container in which the items are enclosed the exact numberof pieces in the container.
(d) It is unlawful for a manufacturer, wholesaler, importer, ordistributor to sell at wholesale, offer to sell at wholesale, or ship orcause to be shipped into Indiana fireworks, novelties, or tricknoisemakers unless the manufacturer, wholesaler, importer, ordistributor has been issued and holds a valid certificate ofcompliance issued under subsection (b). This subsection applies tononresidents and residents of Indiana.
(Formerly: Acts 1939, c.154, s.5; Acts 1959, c.290, s.2; Acts 1975,P.L.259, SEC.4.) As amended by Acts 1977, P.L.267, SEC.1;P.L.236-1983, SEC.3; P.L.222-1989, SEC.1; P.L.2-1995, SEC.87;P.L.187-2006, SEC.6.
IC 22-11-14-6
Violations; offenses; time and dates of allowable usage of consumerfireworks
Sec. 6. (a) A person who recklessly, knowingly, or intentionallyviolates section 2(f), 4.5, 5(c), 5(d), 7, 8(a), 8(c), 8(d), 10, or 11(c)of this chapter commits a Class A misdemeanor.
(b) A person who ignites, discharges, or uses consumer fireworksat a site other than:
(1) a special discharge location;
(2) the property of the person; or
(3) the property of another who has given permission to use theconsumer fireworks;
commits a Class C infraction. However, if a person recklessly,knowingly, or intentionally takes an action described in thissubsection within five (5) years after the person previously took anaction described in this subsection, whether or not there has been ajudgment that the person committed an infraction in taking theprevious action, the person commits a Class C misdemeanor.
(c) A person less than eighteen (18) years of age who possessesor uses a firework when an adult is not present and responsible at thelocation of the possession or use commits a Class C infraction.However, if a person possesses or uses a firework when an adult isnot present and responsible at the location of the possession or usewithin five (5) years after a previous possession or use by the person
as described in this subsection, whether or not there has been ajudgment that the person committed an infraction in the previouspossession or use, the person commits a delinquent act underIC 31-37.
(d) A person who ignites, discharges, or uses consumer fireworks:
(1) after 11 p.m. except on a holiday (as defined inIC 1-1-9-1(a)) or December 31, on which dates consumerfireworks may not be ignited, discharged, or used aftermidnight; or
(2) before 9 a.m.;
commits a Class C infraction. However, if a person recklessly,knowingly, or intentionally takes an action described in thissubsection within five (5) years after the person previously took anaction described in this subsection, whether or not there has been ajudgment that the person committed an infraction in taking theprevious action, the person commits a Class C misdemeanor.
(e) A person who recklessly, knowingly, or intentionally usesconsumer fireworks and the violation causes harm to the property ofa person commits a Class A misdemeanor.
(f) A person who recklessly, knowingly, or intentionally usesconsumer fireworks and the violation results in serious bodily injuryto a person commits a Class D felony.
(g) A person who recklessly, knowingly, or intentionally usesconsumer fireworks and the violation results in the death of a personcommits a Class C felony.
(h) A person who knowingly or intentionally fails to collect orremit to the state the public safety fees due under section 12 of thischapter commits a Class D felony.
(Formerly: Acts 1939, c.154, s.6; Acts 1972, P.L.178, SEC.2.) Asamended by Acts 1978, P.L.2, SEC.2250; P.L.236-1983, SEC.4;P.L.229-1985, SEC.4; P.L.187-2006, SEC.7.
IC 22-11-14-7
Fireworks stand retail sales permit; requirements
Sec. 7. (a) A retailer selling items referenced in section 8(a) ofthis chapter at one (1) or more temporary stands must obtain afireworks stand retail sales permit, referred to in this section as a"permit", from the state fire marshal.
(b) An application for a permit must be made before June 1 ofeach year and must require that at least the following information besupplied by the retailer:
(1) The retailer's retail merchant certificate number or proof ofapplication for a certificate number.
(2) The location of each retail sales stand.
The state fire marshal shall, within seven (7) days after the receipt ofan application for a permit, either issue the permit or notify theapplicant of the denial of the permit.
(c) The retailer must pay to the state fire marshal an annual permitfee set under IC 22-12-6-8. If the state fire marshal approves anapplication for a permit, the state fire marshal shall issue a permit to
the retailer. The permit expires one (1) year after the date ofissuance.
(d) The permit shall be posted by the retailer at the retail salesstand so that it is easily seen by the public. However, the state firemarshal's issuance of a permit does not constitute approval of thefireworks offered for sale by the retailer. The retailer is responsiblefor determining that all fireworks which the retailer offers for saleconform to applicable law.
(e) At each retail sales stand, the retailer shall provide:
(1) a posted certificate of compliance, including a descriptivelist of approved fireworks; and
(2) a salesperson who is at least sixteen (16) years of age.
(f) Fireworks may not be sold at retail from a motor vehicle (asdefined in IC 9-13-2-105).
(g) Fireworks, not including those referenced in section 8(a) ofthis chapter, may not be sold from or stored at a temporary stand.
As added by P.L.236-1983, SEC.5. Amended by P.L.179-1991,SEC.24; P.L.1-1992, SEC.112; P.L.187-2006, SEC.8.
IC 22-11-14-8
Sale of fireworks; sales to minors prohibited; administrative rulesconcerning sales of fireworks
Sec. 8. (a) A person shall not sell at retail, offer for sale at retail,or deliver the following items to a person less than eighteen (18)years of age:
(1) Dipped sticks or wire sparklers. However, total pyrotechniccomposition may not exceed one hundred (100) grams per item.Devices containing chlorate or perchlorate salts may not exceedfive (5) grams in total composition per item.
(2) Cylindrical fountains.
(3) Cone fountains.
(4) Illuminating torches.
(5) Wheels.
(6) Ground spinners.
(7) Flitter sparklers.
(8) Snakes or glow worms.
(9) Smoke devices.
(10) Trick noisemakers, which include:
(A) Party poppers.
(B) Booby traps.
(C) Snappers.
(D) Trick matches.
(E) Cigarette loads.
(F) Auto burglar alarms.
(b) A retailer or wholesaler of consumer fireworks may sellconsumer fireworks to a person at least eighteen (18) years of age.
(c) An individual who sells consumer fireworks must be at leasteighteen (18) years of age.
(d) An individual who sells an item set forth in subsection (a)must be at least sixteen (16) years of age. (e) The fire prevention and building safety commission may adoptrules under IC 4-22-2 establishing procedures to ensure compliancewith the age limitations set forth in this section.
As added by P.L.236-1983, SEC.6. Amended by P.L.187-2006,SEC.9.
IC 22-11-14-9
Enforcement
Sec. 9. The state fire marshal is charged with the responsibility ofenforcing this chapter.
As added by P.L.236-1983, SEC.7.
IC 22-11-14-10
Interstate wholesalers; sales of special fireworks
Sec. 10. Each interstate wholesaler shall keep a record of eachsale of special fireworks. This record must include:
(1) the purchaser's name;
(2) the purchaser's address; and
(3) the date of the sale.
These records shall be kept for three (3) years and be available forinspection by the fire marshal.
As added by P.L.229-1985, SEC.5. Amended by P.L.187-2006,SEC.10.
IC 22-11-14-10.5
"Use" defined; adoption of ordinance by county or municipalityconcerning use of consumer fireworks
Sec. 10.5. (a) As used in this section, the term "use" means theability of a county or municipality to regulate the days and hourswhen consumer fireworks may be used, ignited, or discharged.
(b) Notwithstanding any other provision of this chapter:
(1) a county may adopt an ordinance concerning the use ofconsumer fireworks in the unincorporated areas of the county;and
(2) a municipality may adopt an ordinance concerning the useof consumer fireworks within the corporate limits of themunicipality.
(c) An ordinance adopted under this section:
(1) may limit the use of consumer fireworks in the county ormunicipality;
(2) may not be more lenient than a rule adopted by a stateagency concerning the use of fireworks; and
(3) may not limit the use of consumer fireworks:
(A) between the hours of 5:00 p.m. and two (2) hours aftersunset on June 29, June 30, July 1, July 2, July 3, July 5,July 6, July 7, July 8, and July 9;
(B) between the hours of 10:00 a.m. and 12:00 midnight onJuly 4; and
(C) between the hours of 10:00 a.m. on December 31 and1:00 a.m. on January 1.As added by P.L.177-2007, SEC.2.
IC 22-11-14-11
Sales of consumer fireworks by retailer; application; registrationfees; certificate of compliance; transferability of certificate ofcompliance
Sec. 11. (a) A retailer may not sell consumer fireworks until theretailer has:
(1) filed the application required under section 4.5(e) of thischapter with the state fire marshal for each location from whichthe retailer proposes to sell the consumer fireworks, which mustbe filed on an annual basis; and
(2) paid an accompanying registration fee of:
(A) one thousand dollars ($1,000) for the first location if afee under section 5(b)(3) of this chapter has not been paid;
(B) five hundred dollars ($500) for each additional saleslocation in a tent; and
(C) two hundred dollars ($200) for each additional saleslocation in a structure;
from which the retailer proposes to sell the consumer fireworks.
Upon receipt of the completed application form, the accompanyingfee, and, if required, the affidavit under subsection (b), the state firemarshal shall issue a certificate of compliance to the retailer for eachsales location.
(b) A person seeking a certificate of compliance authorizing thesale of consumer fireworks at retail from a structure identified insection 4.5(b)(1), 4.5(b)(2), or 4.5(c) of this chapter, or from a tentunder section 4.5(a) of this chapter shall submit with the application:
(1) an affidavit executed by a responsible party with personalknowledge, establishing that consumer fireworks were sold atretail or wholesale from a structure at the same location as of adate set forth in section 4.5(b)(1), 4.5(b)(2), or 4.5(c) of thischapter, or from a tent as of a date set forth under section4.5(a)(9) of this chapter; and
(2) proof of sales of consumer fireworks from that location.
(c) A person may not sell consumer fireworks at retail if acertificate of compliance from the state fire marshal has not beenissued for the location showing registration under subsection (a).
(d) A certificate of compliance issued to a retailer of consumerfireworks is not transferable except to a subsequent owner oroperator of a business at the same location in accordance with thepolicies and guidelines of the state fire marshal.
As added by P.L.187-2006, SEC.11.
IC 22-11-14-12
Public safety fee on retail sales of fireworks; obligation bypurchaser for payment of fee; transfer of funds
Sec. 12. (a) A user fee, known as the public safety fee, is imposedon retail transactions made in Indiana of fireworks, in accordancewith section 13 of this chapter. (b) A person who acquires fireworks in a retail transaction isliable for the public safety fee on the transaction and, except asotherwise provided in this chapter, shall pay the public safety fee tothe retailer as a separate added amount to the consideration in thetransaction. The retailer shall collect the public safety fee as an agentfor the state.
(c) The public safety fee shall be deposited in the state generalfund. The auditor of state shall annually transfer the money receivedfrom the public safety fee as follows:
(1) Two million dollars ($2,000,000) shall be deposited in theregional public safety training fund established byIC 10-15-3-12.
(2) Any additional money received shall be deposited in thestate disaster relief fund established by IC 10-14-4-5.
(d) The department of state revenue shall adopt rules underIC 4-22-2 necessary for the collection of the public safety fee moneyfrom retailers as described in subsections (b) and (c).
As added by P.L.187-2006, SEC.12. Amended by P.L.107-2007,SEC.12.
IC 22-11-14-13
Rate of public safety fee in a retail unitary transaction of fireworks
Sec. 13. (a) The public safety fee is measured by the gross retailincome received by a retail merchant in a retail unitary transaction offireworks and is imposed at the following rates:
PUBLIC GROSS RETAIL INCOME
SAFETY FROM THE
FEE RETAIL UNITARY
TRANSACTION
$ 0 less than $ 0.10
$ 0.01 at least $ 0.10 but less than $ 0.30
$ 0.02 at least $ 0.30 but less than $ 0.50
$ 0.03 at least $ 0.50 but less than $ 0.70
$ 0.04 at least $ 0.70 but less than $ 0.90
$ 0.05 at least $ 0.90 but less than $ 1.10
On a retail unitary transaction in which the gross retail incomereceived by the retail merchant is one dollar and ten cents ($1.10) ormore, the public safety fee is five percent (5%) of that gross retailincome.
(b) If the public safety fee computed under subsection (a) resultsin a fraction of one-half cent ($0.005) or more, the amount of thepublic safety fee shall be rounded to the next additional cent.
As added by P.L.187-2006, SEC.13.
IC 22-11-14-14
Obligation of retailer collecting public safety fees
Sec. 14. An individual who:
(1) is an individual retailer or is an employee, an officer, or amember of a corporate or partnership retailer; and
(2) has a duty to remit the public safety fee as described in
section 12 of this chapter to the department of state revenue;
holds the public safety fees collected in trust for the state and ispersonally liable for the payment of the public safety fee money tothe state.
As added by P.L.187-2006, SEC.14.
IC 22-11-14-15
Fire prevention and building safety commission; department ofstate revenue; rules concerning fireworks sales
Sec. 15. The fire prevention and building safety commission andthe department of state revenue shall adopt rules under IC 4-22-2 tocarry out this chapter.
As added by P.L.187-2006, SEC.15.