CHAPTER 14.5. INDOOR PYROTECHNICS
IC 22-11-14.5
Chapter 14.5. Indoor Pyrotechnics
IC 22-11-14.5-1
"Indoor pyrotechnics" defined
Sec. 1. As used in this chapter, "indoor pyrotechnics" meanscontrolled exothermic chemical reactions that are timed to create theeffects of heat, gas, sound, dispersion of aerosols, emission of visibleelectromagnetic radiation, or a combination of these effects toprovide the maximum effect from the least volume (as provided inNational Fire Protection Association Standard 1126 (2001 edition)).The term does not include the following novelties and tricknoisemakers:
(1) Snakes or glow worms.
(2) Smoke devices.
(3) Wire sparklers that do not contain magnesium and thatcontain less than one hundred (100) grams of composition peritem.
(4) Trick noisemakers, which include party poppers, boobytraps, snappers, trick matches, cigarette loads, and auto burglaralarms.
As added by P.L.25-2004, SEC.3.
IC 22-11-14.5-2
Repealed
(Repealed by P.L.187-2006, SEC.18.)
IC 22-11-14.5-3
Rules
Sec. 3. The fire prevention and building safety commission shalladopt rules under IC 4-22-2 to implement a statewide codeconcerning displays of indoor pyrotechnics. The rules:
(1) must require that a certificate of insurance be issued thatprovides general liability coverage of at least five hundredthousand dollars ($500,000) for the injury or death of anynumber of persons in any one (1) occurrence and five hundredthousand dollars ($500,000) for property damage in any one (1)occurrence by an intended display of indoor pyrotechnicsarising from any acts of the operator of the display or theoperator's agents, employees, or subcontractors;
(2) must require the person intending to present the display togive, at least twenty four (24) hours before the time of thedisplay, written notice of the intended display to the chief of theresponding fire department of the location proposed for thedisplay of the indoor pyrotechnics and to include with thewritten notice a certification from the person intending todisplay the indoor pyrotechnics that the display will be made inaccordance with:
(A) the rules adopted under this section; and
(B) any ordinance or resolution adopted under section 4 of
this chapter;
(3) must include and adopt NFPA 1126, Standard for the Use ofPyrotechnics before a Proximate Audience, 2001 Edition,published by the National Fire Protection Association, 1Batterymarch Park, Quincy, Massachusetts 02169;
(4) must be amended to adopt any subsequent edition of NFPAStandard 1126, including addenda, within eighteen (18) monthsafter the effective date of the subsequent edition; and
(5) may provide for amendments to NFPA Standard 1126 as acondition of the adoption under subdivisions (3) and (4).
As added by P.L.25-2004, SEC.3. Amended by P.L.1-2006, SEC.348;P.L.101-2006, SEC.30.
IC 22-11-14.5-4
Adoption of ordinance or resolution
Sec. 4. A city, town, or county may adopt an ordinance or atownship may adopt a resolution that:
(1) establishes requirements for displays of indoor pyrotechnicsmore stringent or detailed than the requirements establishedunder this chapter; or
(2) bans the display of indoor pyrotechnics.
As added by P.L.25-2004, SEC.3.
IC 22-11-14.5-5
Precedence of rules
Sec. 5. Except as provided in section 4 of this chapter, the rulesadopted under section 3 of this chapter take precedence over:
(1) an ordinance adopted by a city, town, or county; or
(2) a resolution adopted by a township;
that covers the same subject matter as the commission's rulesconcerning indoor pyrotechnics.
As added by P.L.25-2004, SEC.3.
IC 22-11-14.5-6
Violations; Class C infraction
Sec. 6. A person who violates a rule adopted under this chaptercommits a Class C infraction.
As added by P.L.25-2004, SEC.3.
IC 22-11-14.5-7
Violations; property; Class C infraction
Sec. 7. A person who knowingly allows an individual to commita violation of a rule adopted under this chapter commits a Class Cinfraction if the violation is committed on property under the person'scontrol.
As added by P.L.25-2004, SEC.3.
IC 22-11-14.5-8
Separate offenses
Sec. 8. Each day that an infraction under this chapter occurs
constitutes a separate infraction.
As added by P.L.25-2004, SEC.3.
IC 22-11-14.5-9
Violations; Class A misdemeanor
Sec. 9. A person who causes serious bodily injury to a person asa result of a reckless violation of a rule adopted under this chaptercommits a Class A misdemeanor.
As added by P.L.25-2004, SEC.3.
IC 22-11-14.5-10
Violations; Class D felony
Sec. 10. A person who causes serious bodily injury to a person asa result of a knowing or an intentional violation of a rule adoptedunder this chapter commits a Class D felony.
As added by P.L.25-2004, SEC.3.
IC 22-11-14.5-11
Violations; death; Class D felony
Sec. 11. A person who causes the death of a person as a result ofa reckless violation of a rule adopted under this chapter commits aClass D felony.
As added by P.L.25-2004, SEC.3.
IC 22-11-14.5-12
Violations; death; Class C felony
Sec. 12. A person who causes the death of a person as a result ofa knowing or an intentional violation of a rule adopted under thischapter commits a Class C felony.
As added by P.L.25-2004, SEC.3.