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 pyrotechnic
composition that produces a loud whistle or smoke when ignited. A
small quantity of explosive, not exceeding fifty (50) milligrams, may
also be used to produce a small report. A squib is used to ignite the
device.
"Booby trap" means a small tube with string protruding from both
ends, similar to a party popper in design. The ends of the string are
pulled to ignite the friction sensitive composition, producing a small
report.
"Chaser" means a device, containing fifty (50) milligrams or less
of explosive composition, that consists of a small paper or cardboard
tube that travels along the ground upon ignition. A whistling effect
is often produced, and a small noise may be produced.
"Cigarette load" means a small wooden peg that has been coated
with a small quantity of explosive composition. Upon ignition of a
cigarette containing one (1) of the pegs, a small report is produced.
"Consumer firework" means a small firework that is designed
primarily to produce visible effects by combustion, and that is
required to comply with the construction, chemical composition, and
labeling regulations promulgated by the United States Consumer
Product Safety Commission under 16 CFR 1507. The term also
includes 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 devices
containing one hundred thirty (130) milligrams or less of explosive
composition. Propelling or expelling charges consisting of a mixture
of charcoal, sulfur, and potassium nitrate are not considered as
designed to produce an audible effect. Consumer fireworks:
(1) include:
(A) aerial devices, which include sky rockets, missile type
rockets, 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 effects
described in clauses (A) and (B); and
(2) do not include the items referenced in section 8(a) of this
chapter.
"Cone fountain" means a cardboard or heavy paper cone which
contains up to fifty (50) grams of pyrotechnic composition, and
which produces the same effect as a cylindrical fountain.
"Cylindrical fountain" means a cylindrical tube not exceeding
three-quarters (3/4) inch in inside diameter and containing up to
seventy-five (75) grams of pyrotechnic composition. Fountains
produce a shower of color and sparks upon ignition, and sometimes
a whistling effect. Cylindrical fountains may contain a spike to be
inserted in the ground (spike fountain), a wooden or plastic base to
be placed on the ground (base fountain), or a wooden handle or
cardboard handle for items designed to be hand held (handle
fountain).
"Dipped stick" or "wire sparkler" means a stick or wire coated
with pyrotechnic composition that produces a shower of sparks upon
ignition. Total pyrotechnic composition does not exceed one hundred
(100) grams per item. Those devices containing chlorate or
perchlorate salts do not exceed five (5) grams in total composition
per item. Wire sparklers that contain no magnesium and that contain
less than one hundred (100) grams of composition per item are not
included in the category of consumer fireworks.
"Distributor" means a person who sells fireworks to wholesalers
and retailers for resale.
"Explosive composition" means a chemical or mixture of
chemicals that produces an audible effect by deflagration or
detonation when ignited.
"Firecracker" or "salute" is a device that consists of a small paper
wrapped or cardboard tube containing not more than fifty (50)
milligrams of pyrotechnic composition and that produces, upon
ignition, noise, accompanied by a flash of light.
"Firework" means any composition or device designed for the
purpose 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 special
fireworks. The following items are excluded from the definition of
fireworks:
(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, muzzle
loading cannons, or small arms.
(8) Indoor pyrotechnics special effects material.
(9) M-80s, cherry bombs, silver salutes, and any device banned
by the federal government.
"Flitter sparkler" means a narrow paper tube filled with
pyrotechnic composition that produces color and sparks upon
ignition. These devices do not use a fuse for ignition, but rather are
ignited by igniting the paper at one (1) end of the tube.
"Ground spinner" means a small spinning device that is similar to
wheels 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 of
pyrotechnic 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 or
audible effect at the height of flight.
"Illuminating torch" means a cylindrical tube that:
(1) contains up to one hundred (100) grams of pyrotechnic
composition;
(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 brought
within this state for subsequent sale.
"Indoor pyrotechnics special effects material" means a chemical
material that is clearly labeled by the manufacturer as suitable for
indoor use (as provided in National Fire Protection Association
Standard 1126 (2001 edition)).
"Interstate wholesaler" means a person who is engaged in
interstate commerce selling fireworks.
"Manufacturer" means a person engaged in the manufacture of
fireworks.
"Mine" or "shell" means a device that:
(1) consists of a heavy cardboard or paper tube up to two and
one-half (2 1/2) inches in inside diameter, to which a wooden
or plastic base is attached;
(2) contains up to forty (40) grams of pyrotechnic composition;
and
(3) propels, upon ignition, stars (pellets of pressed pyrotechnic
composition 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 sky
rocket in size, composition, and effect, and that uses fins rather than
a 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 not
more than sixteen (16) milligrams of explosive composition that is
friction sensitive. A string protruding from the device is pulled to
ignite it, expelling paper streamers and producing a small report.
"Person" means an individual, an association, an organization, a
limited liability company, or a corporation.
"Pyrotechnic composition" means a mixture of chemicals that
produces a visible or audible effect by combustion rather than
deflagration or detonation. Pyrotechnic compositions will not
explode upon ignition unless severely confined.
"Responding fire department" means the paid fire department or
volunteer fire department that renders fire protection services to a
political 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 to
consumers.
"Roman candle" means a device that consists of a heavy paper or
cardboard tube not exceeding three-eighths (3/8) inch in inside
diameter and that contains up to twenty (20) grams of pyrotechnic
composition. Upon ignition, up to ten (10) stars (pellets of pressed
pyrotechnic composition that burn with bright color) are individually
expelled 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 or
noise at the height of flight.
"Smoke device" means a tube or sphere containing pyrotechnic
composition that produces white or colored smoke upon ignition as
the primary effect.
"Snake" or "glow worm" means a pressed pellet of pyrotechnic
composition that produces a large, snake-like ash upon burning. The
ash expands in length as the pellet burns. These devices do not
contain mercuric thiocyanate.
"Snapper" means a small, paper wrapped item containing a minute
quantity 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 the
discharge of consumer fireworks by individuals in accordance with
rules adopted under section 3.5 of this chapter.
"Special fireworks" means fireworks designed primarily to
produce visible or audible effects by combustion, deflagration, or
detonation, including firecrackers containing more than one hundred
thirty (130) milligrams of explosive composition, aerial shells
containing more than forty (40) grams of pyrotechnic composition,
and other exhibition display items that exceed the limits for
classification as consumer fireworks.
"Trick match" means a kitchen or book match that has been
coated with a small quantity of explosive or pyrotechnic
composition. Upon ignition of the match, a small report or a shower
of sparks is produced.
"Trick noisemaker" means an item that produces a small report
intended 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 exceeding
one-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 and
sparks and sometimes a whistling effect.
"Wholesaler" means a person who purchases fireworks for resale
to 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 by
P.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 of
permit; violations
Sec. 2. (a) The fire prevention and building safety commission
shall:
(1) adopt rules under IC 4-22-2 for the granting of permits for
supervised public displays of fireworks by municipalities, fair
associations, amusement parks, and other organizations or
groups of individuals; and
(2) establish by rule the fee for the permit, which shall be paid
into the fire and building services fund created under
IC 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 fire
and building safety at least five (5) business days before the
display.
No operator who has a prior conviction for violating this chapter may
operate any display for one (1) year after the conviction.
(c) Every display shall be handled by a qualified operator
approved by the chief of the fire department of the municipality in
which 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 which
the display is to be held; or
(2) the township fire chief or the fire chief of the municipality
nearest the site proposed, in the case of a display to be held
outside 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 in
writing before the date of the display.
(f) A person may not possess, transport, or deliver special
fireworks, 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 Acts
1978, 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 require
a certificate of insurance conditioned for the payment of all damages
which may be caused either to a person or persons in an amount of
not less than ten thousand dollars ($10,000) and to property in an
amount of not less than ten thousand dollars ($10,000), by reason of
the licensed display, and arising from any acts of the licensee, his
agents, employees, or subcontractors. However, the governing body
of the municipality may in its discretion require additional amounts
of insurance coverage not to exceed one hundred thousand dollars
($100,000) for damages caused to a person or persons, or one
hundred thousand dollars ($100,000) for damage to property.
(b) A person who fails to obtain a certificate of insurance required
under subsection (a) commits a Class A misdemeanor.
(Formerly: Acts 1939, c.154, s.3; Acts 1975, P.L.259, SEC.3.) As
amended by P.L.236-1983, SEC.2.
IC 22-11-14-3.5
Special discharge locations; permission to sponsor granted from
chief of municipal or township fire department
Sec. 3.5. The fire prevention and building safety commission may
adopt rules under IC 4-22-2 that specify the conditions under which
the chief of a municipal or township fire department may grant a
permit to a person to sponsor a special discharge location in the
municipality or township.
As added by P.L.187-2006, SEC.3.
IC 22-11-14-4
Wholesale sales; consumer fireworks usage; signal or ceremonial
purposes; pyrotechnics special effects material
Sec. 4. (a) Nothing in this chapter shall be construed to prohibit:
(1) any resident wholesaler, manufacturer, importer, or
distributor 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 permission
to use the consumer fireworks; or
(iii) at a special discharge location as set forth in section
3.5 of this chapter;
(2) the use of fireworks by railroads or other transportation
agencies 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 in
Indiana between interstate wholesalers;
(5) the possession, sale, or disposal of fireworks, incidental to
the public display of Class B fireworks, by wholesalers or other
persons who possess a permit to possess, store, and sell Class
B explosives from the Bureau of Alcohol, Tobacco, Firearms
and Explosives of the United States Department of Justice; or
(6) the use of indoor pyrotechnics special effects material
before 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 not
approved for sale in Indiana;
(3) is engaged in the interstate sale of fireworks described in
subdivision (2) as an essential part of a business that is located
in a permanent structure and is open at least six (6) months each
year; and
(4) has possession of a certificate of compliance issued by the
state 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 items
referenced in section 8(a) of this chapter from a tent under the
following 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 granted
under 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) feet
from the edge of the tent.
(5) The tent must be fire retardant.
(6) The sales site must comply with all applicable local zoning
and land use rules.
(7) Sales of fireworks may be made from the tent for not more
than forty-five (45) days in a year.
(8) The weight of consumer fireworks in a tent may not exceed
three thousand (3,000) gross pounds of consumer fireworks.
(9) A retailer that legally operated a tent with a registration in
2005 may continue operation in a tent in 2006 and the following
years. A registration under section 11(a) of this chapter is
required for operation in 2006 and following years. For
purposes of this subdivision, a retailer includes a resident
wholesaler who supplied consumer fireworks to an applicant for
a 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 referenced
in 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 any
of the following subdivisions:
(1) The structure complied with the rules for a B-2 or M
building occupancy classification before July 4, 2003, under the
Indiana building code adopted by the fire prevention and
building safety commission established under IC 22-12-2-1:
(A) in which consumer fireworks were sold or stored on or
before July 4, 2003; and
(B) in which no subsequent intervening nonfireworks sales
or storage use has occurred.
(2) The structure complied with the rules for a B-2 or M
building occupancy classification before July 4, 2003, under the
Indiana building code adopted by the fire prevention and
building safety commission established under IC 22-12-2-1;
(A) in which consumer fireworks were sold or stored on or
before July 4, 2003;
(B) in a location at which the retailer was registered as a
resident wholesaler in 2005; and
(C) in which the retailer's primary business is not the sale of
consumer fireworks.
(3) The structure complies with the rules for an H-3 building
occupancy classification under the Indiana building code
adopted by the fire prevention and building safety commission
established under IC 22-12-2-1, or the equivalent occupancy
classification adopted by subsequent rules of the fire prevention
and building safety commission.
(4) The structure complies with the rules adopted after July 3,
2003, by the fire prevention and building safety commission
established under IC 22-12-2-1 for an M building occupancy
classification under the Indiana building code.
A registration under section 11(a) of this chapter is required for
operation in 2006 and following years.
(c) This subsection does not apply to a structure identified in
subsection (b)(1), (b)(2), (b)(3), or (b)(4). A retailer may sell
consumer fireworks and items referenced in section 8(a) of this
chapter from a structure under the following conditions:
(1) The structure must be a Class 1 structure in which consumer
fireworks are sold and stored.
(2) The sales site must comply with all applicable local zoning
and land use rules.
(3) The weight of consumer fireworks in the structure may not
exceed three thousand (3,000) gross pounds of consumer
fireworks.
(4) The retailer holds a valid registration under section 11(a) of
this chapter.
(5) A retailer that sold consumer fireworks and operated from
a structure with a registration in 2005 may continue in operation
in the structure in 2006 and the following years. A registration
under section 11(a) of this chapter is required for operation in
2006 and following years.
(d) The state fire marshal or a member of the division of fire and
building safety staff shall, under section 9 of this chapter, inspect
tents and structures in which fireworks are sold. The state fire
marshal may delegate this responsibility to a responding fire
department with jurisdiction over the tent or structure, subject to the
policies and procedures of the state fire marshal.
(e) A retailer shall file an application for each retail location on
a form to be provided by the state fire marshal.
(f) This chapter does not limit the quantity of items referenced in
section 8(a) of this chapter that may be sold from any Class 1
structure that complied with the rules of the fire prevention and
building 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 of
the 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 of
fireworks, novelties, and trick noisemakers unless, prior to shipment
into this state for sale, the manufacturer, wholesaler, importer, or
distributor of the fireworks, novelties, and trick noisemakers submits
to the state fire marshal:
(1) a complete description of each item proposed to be shipped
into Indiana;
(2) a written certification that the items are manufactured in
accordance 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 marshal
and deposited in the fire and building services fund as set forth
in 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 fire
marshal on or before June 1 of each year. The list shall contain the
name and address of each retail location of each of the customers of
the manufacturer, wholesaler, importer, or distributor at which items
referenced in section 8(a) of this chapter will be sold. If upon
inspection the state fire marshal finds that this chapter has been
complied with, an annual certificate of compliance shall be issued to
the manufacturer, wholesaler, importer, or distributor. An annual
certificate of compliance may not be applied for after June 15 of a
year and expires December 31 of the year in which the certificate is
issued. Each manufacturer, wholesaler, importer, or distributor must
obtain a certificate of compliance. The certificate is not transferable
except to a subsequent owner or operator of a business at the same
location in accordance with the policies and guidelines of the state
fire marshal. A certified copy of the certificate of compliance must
be posted in each location where the items are offered for sale to the
public. If upon inspection the state fire marshal finds that this chapter
has not been complied with, the state fire marshal shall refuse to
issue a certificate of compliance and state the reasons for the refusal.
A copy of the order denying the issuance of a certificate of
compliance and the reasons shall be forwarded to the manufacturer,
wholesaler, importer, or distributor. The state fire marshal may
revoke any certificate of compliance issued to any manufacturer,
wholesaler, importer, or distributor if the holder of the certificate has
violated this chapter.
(c) All fireworks, novelties, and trick noisemakers shipped into
Indiana, or manufactured and sold in Indiana, must have distinctly
and durably painted, stamped, printed, or marked on the package,
box, or container in which the items are enclosed the exact number
of pieces in the container.
(d) It is unlawful for a manufacturer, wholesaler, importer, or
distributor to sell at wholesale, offer to sell at wholesale, or ship or
cause to be shipped into Indiana fireworks, novelties, or trick
noisemakers unless the manufacturer, wholesaler, importer, or
distributor has been issued and holds a valid certificate of
compliance issued under subsection (b). This subsection applies to
nonresidents 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 consumer
fireworks
Sec. 6. (a) A person who recklessly, knowingly, or intentionally
violates 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 fireworks
at 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 the
consumer fireworks;
commits a Class C infraction. However, if a person recklessly,
knowingly, or intentionally takes an action described in this
subsection within five (5) years after the person previously took an
action described in this subsection, whether or not there has been a
judgment that the person committed an infraction in taking the
previous action, the person commits a Class C misdemeanor.
(c) A person less than eighteen (18) years of age who possesses
or uses a firework when an adult is not present and responsible at the
location of the possession or use commits a Class C infraction.
However, if a person possesses or uses a firework when an adult is
not present and responsible at the location of the possession or use
within five (5) years after a previous possession or use by the person
as described in this subsection, whether or not there has been a
judgment that the person committed an infraction in the previous
possession or use, the person commits a delinquent act under
IC 31-37.
(d) A person who ignites, discharges, or uses consumer fireworks:
(1) after 11 p.m. except on a holiday (as defined in
IC 1-1-9-1(a)) or December 31, on which dates consumer
fireworks may not be ignited, discharged, or used after
midnight; or
(2) before 9 a.m.;
commits a Class C infraction. However, if a person recklessly,
knowingly, or intentionally takes an action described in this
subsection within five (5) years after the person previously took an
action described in this subsection, whether or not there has been a
judgment that the person committed an infraction in taking the
previous action, the person commits a Class C misdemeanor.
(e) A person who recklessly, knowingly, or intentionally uses
consumer fireworks and the violation causes harm to the property of
a person commits a Class A misdemeanor.
(f) A person who recklessly, knowingly, or intentionally uses
consumer fireworks and the violation results in serious bodily injury
to a person commits a Class D felony.
(g) A person who recklessly, knowingly, or intentionally uses
consumer fireworks and the violation results in the death of a person
commits a Class C felony.
(h) A person who knowingly or intentionally fails to collect or
remit to the state the public safety fees due under section 12 of this
chapter commits a Class D felony.
(Formerly: Acts 1939, c.154, s.6; Acts 1972, P.L.178, SEC.2.) As
amended 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) of
this chapter at one (1) or more temporary stands must obtain a
fireworks 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 of
each year and must require that at least the following information be
supplied by the retailer:
(1) The retailer's retail merchant certificate number or proof of
application for a certificate number.
(2) The location of each retail sales stand.
The state fire marshal shall, within seven (7) days after the receipt of
an application for a permit, either issue the permit or notify the
applicant of the denial of the permit.
(c) The retailer must pay to the state fire marshal an annual permit
fee set under IC 22-12-6-8. If the state fire marshal approves an
application for a permit, the state fire marshal shall issue a permit to
the retailer. The permit expires one (1) year after the date of
issuance.
(d) The permit shall be posted by the retailer at the retail sales
stand so that it is easily seen by the public. However, the state fire
marshal's issuance of a permit does not constitute approval of the
fireworks offered for sale by the retailer. The retailer is responsible
for determining that all fireworks which the retailer offers for sale
conform to applicable law.
(e) At each retail sales stand, the retailer shall provide:
(1) a posted certificate of compliance, including a descriptive
list 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 (as
defined in IC 9-13-2-105).
(g) Fireworks, not including those referenced in section 8(a) of
this 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 rules
concerning 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 pyrotechnic
composition may not exceed one hundred (100) grams per item.
Devices containing chlorate or perchlorate salts may not exceed
five (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 sell
consumer fireworks to a person at least eighteen (18) years of age.
(c) An individual who sells consumer fireworks must be at least
eighteen (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 adopt
rules under IC 4-22-2 establishing procedures to ensure compliance
with 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 of
enforcing 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 each
sale 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 for
inspection 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 municipality
concerning use of consumer fireworks
Sec. 10.5. (a) As used in this section, the term "use" means the
ability of a county or municipality to regulate the days and hours
when 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 of
consumer fireworks in the unincorporated areas of the county;
and
(2) a municipality may adopt an ordinance concerning the use
of consumer fireworks within the corporate limits of the
municipality.
(c) An ordinance adopted under this section:
(1) may limit the use of consumer fireworks in the county or
municipality;
(2) may not be more lenient than a rule adopted by a state
agency 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 after
sunset 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 on
July 4; and
(C) between the hours of 10:00 a.m. on December 31 and
1:00 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; registration
fees; certificate of compliance; transferability of certificate of
compliance
Sec. 11. (a) A retailer may not sell consumer fireworks until the
retailer has:
(1) filed the application required under section 4.5(e) of this
chapter with the state fire marshal for each location from which
the retailer proposes to sell the consumer fireworks, which must
be filed on an annual basis; and
(2) paid an accompanying registration fee of:
(A) one thousand dollars ($1,000) for the first location if a
fee under section 5(b)(3) of this chapter has not been paid;
(B) five hundred dollars ($500) for each additional sales
location in a tent; and
(C) two hundred dollars ($200) for each additional sales
location in a structure;
from which the retailer proposes to sell the consumer fireworks.
Upon receipt of the completed application form, the accompanying
fee, and, if required, the affidavit under subsection (b), the state fire
marshal shall issue a certificate of compliance to the retailer for each
sales location.
(b) A person seeking a certificate of compliance authorizing the
sale of consumer fireworks at retail from a structure identified in
section 4.5(b)(1), 4.5(b)(2), or 4.5(c) of this chapter, or from a tent
under section 4.5(a) of this chapter shall submit with the application:
(1) an affidavit executed by a responsible party with personal
knowledge, establishing that consumer fireworks were sold at
retail or wholesale from a structure at the same location as of a
date set forth in section 4.5(b)(1), 4.5(b)(2), or 4.5(c) of this
chapter, or from a tent as of a date set forth under section
4.5(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 a
certificate of compliance from the state fire marshal has not been
issued for the location showing registration under subsection (a).
(d) A certificate of compliance issued to a retailer of consumer
fireworks is not transferable except to a subsequent owner or
operator of a business at the same location in accordance with the
policies 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 by
purchaser for payment of fee; transfer of funds
Sec. 12. (a) A user fee, known as the public safety fee, is imposed
on retail transactions made in Indiana of fireworks, in accordance
with section 13 of this chapter.
(b) A person who acquires fireworks in a retail transaction is
liable for the public safety fee on the transaction and, except as
otherwise provided in this chapter, shall pay the public safety fee to
the retailer as a separate added amount to the consideration in the
transaction. The retailer shall collect the public safety fee as an agent
for the state.
(c) The public safety fee shall be deposited in the state general
fund. The auditor of state shall annually transfer the money received
from the public safety fee as follows:
(1) Two million dollars ($2,000,000) shall be deposited in the
regional public safety training fund established by
IC 10-15-3-12.
(2) Any additional money received shall be deposited in the
state disaster relief fund established by IC 10-14-4-5.
(d) The department of state revenue shall adopt rules under
IC 4-22-2 necessary for the collection of the public safety fee money
from 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 retail
income received by a retail merchant in a retail unitary transaction of
fireworks 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 income
received by the retail merchant is one dollar and ten cents ($1.10) or
more, the public safety fee is five percent (5%) of that gross retail
income.
(b) If the public safety fee computed under subsection (a) results
in a fraction of one-half cent ($0.005) or more, the amount of the
public 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 a
member 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 is
personally liable for the payment of the public safety fee money to
the state.
As added by P.L.187-2006, SEC.14.
IC 22-11-14-15
Fire prevention and building safety commission; department of
state revenue; rules concerning fireworks sales
Sec. 15. The fire prevention and building safety commission and
the department of state revenue shall adopt rules under IC 4-22-2 to
carry out this chapter.
As added by P.L.187-2006, SEC.15.