31-170. Use of pyrotechnics; places of public assembly.
31-170
31-170. Use of pyrotechnics; places of publicassembly.(a) As used in this section:
(1) "Place of public assembly" means a building or structure with anoccupancy capacity of 50 or more.
(2) "Pyrotechnics" mean any controlled exothermic chemical reactions that aretimed to create the effects of heat, gas, sound, dispersion of aerosols,emission of visible electromagnetic radiation or a combination of these effectsto provide the maximum effect from the least volume for entertainment purposes.
(3) "Pyrotechnic device" means any device which contains pyrotechnic materialand which is capable of producing a visual or audible effect for entertainmentpurposes.
(4) "Pyrotechnic material" means a chemical mixture used to produce visibleor audible effects by combustion for entertainment purposes.
(b) (1) Except as provided by this section, the use of any pyrotechnics,pyrotechnic device or pyrotechnic material is prohibited in any building whichis a place of public assembly.
(2) The use of pyrotechnics, pyrotechnic devices or pyrotechnic materials inviolation of this section or any rules and regulations adopted pursuant to thissection or any ordinance or resolution prohibiting or restricting such useshall constitute a common nuisance.
(c) The provisions of subsection (b) shall not apply to:
(1) Any building in which there has been installed an automatic sprinklersystem which is adequate for suppression of a fire in the building or structureand such system is functioning properly;
(2) any building in which the interior and exterior walls and ceilings areconstructed with or consist of fire-restrictive materials;
(3) candles that are securely supported on noncombustible bases and if thecandle flame is protected;
(4) any other building, structure or use exempted by rules and regulationsadopted by the state fire marshal.
(d) The state fire marshal shall adopt any rules and regulations necessary toimplement the provisions of this section.
(e) Nothing in this section shall be construed as limiting the powers ofcities and counties to regulate or restrict the use of pyrotechnics,pyrotechnic devices or pyrotechnic materials.
History: L. 2004, ch. 1, § 3; Mar. 4.