Sec. 29-357. (Formerly Sec. 29-97). Sale, use and possession of fireworks prohibited. Sale, use and possession of certain sparklers or fountains permitted. Permits for display. Variations or exemption
Sec. 29-357. (Formerly Sec. 29-97). Sale, use and possession of fireworks prohibited. Sale, use and possession of certain sparklers or fountains permitted. Permits for display. Variations or exemptions. Penalty. (a) Except as provided in subsection (b) of this section, no person, firm or corporation shall offer for sale, expose for
sale, sell at retail or use or explode or possess with intent to sell, use or explode any
fireworks. A person who is sixteen years of age or older may offer for sale, expose for
sale, sell at retail, purchase, use or possess with intent to sell or use sparklers or fountains
of not more than one hundred grams of pyrotechnic mixture per item, which are nonexplosive and nonaerial, provided (1) such sparklers and fountains do not contain magnesium, except for magnalium or magnesium-aluminum alloy, (2) such sparklers and fountains containing any chlorate or perchlorate salts do not exceed five grams of
composition per item, and (3) when more than one fountain is mounted on a common
base, the total pyrotechnic composition does not exceed two hundred grams.
(b) The State Fire Marshal shall adopt reasonable regulations, in accordance with
chapter 54, for the granting of permits for supervised displays of fireworks or for the
indoor use of pyrotechnics, sparklers and fountains for special effects by municipalities,
fair associations, amusement parks, other organizations or groups of individuals or artisans in pursuit of their trade. Such permit may be issued upon application to said State
Fire Marshal and after (1) inspection of the site of such display or use by the local fire
marshal to determine compliance with the requirements of such regulations, (2) approval
of the chiefs of the police and fire departments, or, if there is no police or fire department,
of the first selectman, of the municipality wherein the display is to be held as is provided
in this section, and (3) the filing of a bond by the applicant as provided in section 29-358. No such display shall be handled or fired by any person until such person has been
granted a certificate of competency by the State Fire Marshal, in respect to which a fee
of one hundred dollars shall be payable to the State Treasurer when issued and which
may be renewed every three years upon payment of a fee of one hundred fifty dollars
to the State Treasurer, provided such certificate may be suspended or revoked by said
marshal at any time for cause. Such certificate of competency shall attest to the fact that
such operator is competent to fire a display. Such display shall be of such a character
and so located, discharged or fired as in the opinion of the chiefs of the police and fire
departments or such selectman, after proper inspection, will not be hazardous to property
or endanger any person or persons. In an aerial bomb, no salute, report or maroon may
be used that is composed of a formula of chlorate of potash, sulphur, black needle
antimony and dark aluminum. Formulas that may be used in a salute, report or maroon
are as follows: (A) Perchlorate of potash, black needle antimony and dark aluminum,
and (B) perchlorate of potash, dark aluminum and sulphur. No high explosive such as
dynamite, fulminate of mercury or other stimulator for detonating shall be used in any
aerial bomb or other pyrotechnics. Application for permits shall be made in writing at
least fifteen days prior to the date of display, on such notice as the State Fire Marshal
by regulation prescribes, on forms furnished by him, and a fee of fifty dollars shall be
payable to the State Treasurer with each such application. After such permit has been
granted, sales, possession, use and distribution of fireworks for such display shall be
lawful for that purpose only. No permit granted hereunder shall be transferable. Any
permit issued under the provisions of this section may be suspended or revoked by the
State Fire Marshal or the local fire marshal for violation by the permittee of any provision
of the general statutes, any regulation or any ordinance relating to fireworks.
(c) The State Fire Marshal may grant variations or exemptions from, or approve
equivalent or alternate compliance with, particular provisions of any regulation issued
under the provisions of subsection (b) of this section where strict compliance with such
provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or
alternate compliance shall, in the opinion of the State Fire Marshal, secure the public
safety and shall be made in writing.
(d) Any person, firm or corporation violating the provisions of this section shall be
fined not more than one hundred dollars or imprisoned not more than ninety days or be
both fined and imprisoned, except that (1) any person, firm or corporation violating the
provisions of subsection (a) of this section by offering for sale, exposing for sale or
selling at retail or possessing with intent to sell any fireworks with a value exceeding
ten thousand dollars shall be guilty of a class A misdemeanor, and (2) any person, firm
or corporation violating any provision of subsection (b) of this section or any regulation
adopted thereunder shall be guilty of a class A misdemeanor, except if death or injury
results from any such violation, such person, firm or corporation shall be fined not more
than ten thousand dollars or imprisoned not more than ten years, or both.
(1953, 1955, S. 2007d; 1961, P.A. 193; 194; P.A. 76-30, S. 4, 6; P.A. 80-297, S. 13, 20; P.A. 82-344, S. 2, 3; P.A. 84-228, S. 1; P.A. 91-196, S. 3, 4; May Sp. Sess. P.A. 92-6, S. 67, 117; P.A. 99-24, S. 1; P.A. 00-198, S. 2, 3; P.A. 03-231,
S. 7; P.A. 06-177, S. 2; June Sp. Sess. P.A. 07-1, S. 151.)
History: 1961 acts added requirement for certificate of competency issued by state fire marshal in lieu of approval of
person handling display by local authorities and prohibited use of salute, report or maroon composed of formula of chlorate
of potash, sulphur, black needle antimony and dark aluminum in aerial bombs, specified formulas that could be used and
prohibited use of high explosives in aerial bombs or pyrotechnics; P.A. 76-30 required that permit application be made at
least 15 days before date of display; P.A. 80-297 imposed $25 fee for certificate of competency to be renewed every 3
years upon payment of $10 renewal fee and imposed $25 fee for display permit; P.A. 82-344 permitted state fire marshal
to adopt regulations for the granting of permits for the indoor use of pyrotechnics for special effects and for artisans in
pursuit of their trade; Sec. 29-97 transferred to Sec. 29-357 in 1983; P.A. 84-228 inserted Subsec. indicators, replaced
"keep" with "possess", and added Subsec. (c) incorporating penalties for violation of the section formerly set forth in Sec.
29-366 and making the penalty for the sale or possession with intent to sell of fireworks with a value exceeding $10,000
a class A misdemeanor; P.A. 91-196 added a new Subsec. (c), permitting state fire marshal to grant variations or exemptions
from, or approve alternate compliance with, provisions of regulations issued under Subsec. (b), and relettered remaining
Subsec. accordingly; May Sp. Sess. P.A. 92-6 amended Subsec. (b) to increase the fee for certificate of competency from
$25 to $50, for renewal from $10 to $30 and for an application for permits from $25 to $35; P.A. 99-24 provided for
inspection of the site by the local fire marshal, allowed suspension of certificate of competency by the State Fire Marshal
and permitted revocation or suspension of the permit by the State Fire Marshal or local fire marshal; P.A. 00-198 amended
Subsec. (a) by adding exception re sparklers, effective June 1, 2000; P.A. 03-231 amended Subsec. (b) to make a technical
change and amended Subsec. (d) to designate existing exception as Subdiv. (1) and add new Subdiv. (2) to provide that
any person, firm or corporation violating Subsec. (b) or any regulation adopted thereunder shall be guilty of a class A
misdemeanor, except if death or injury results from such violation, such person, firm or corporation shall be fined a
maximum of $10,000 or imprisoned a maximum of 10 years, or both, effective July 9, 2003; P.A. 06-177 amended Subsec.
(a) to delete reference to Sec. 29-356, add references to "fountains" and add new Subdivs. (1) to (3) re requirements for
sparklers and fountains, and amended Subsec. (b) to add "sparklers and fountains" in provision re permits for displays,
effective June 9, 2006; June Sp. Sess. P.A. 07-1 amended Subsec. (b) to increase fee for certificate of competency from
$50 to $100, to increase renewal fee for such certificate from $30 to $150, and to increase fee for permit from $35 to $50,
effective July 1, 2007.
Annotation to former section 29-97:
Cited. 2 CA 680.
Annotations to present section:
A firework falls within limited exemption for sparklers and fountains only if principal pyrotechnic effect is pyrotechnic
effect that legislature has expressly permitted. 285 C. 192.
Cited. 2 CA 680.
Subsec. (a):
Cited. 221 C. 788.