Section 10-101 - Definitions.
§ 10-101. Definitions.
(a) In general.- In this title the following words have the meanings indicated.
Revisor's Note.
This subsection is new language added as the standard introductory language to a definition section.
(b) 1.3 G fireworks.-
(1) "1.3 G fireworks" means special fireworks designed primarily to produce visible or audible effects by combustion or explosion.
(2) "1.3 G fireworks" includes:
(i) toy torpedoes, railway torpedoes, firecrackers and salutes that do not qualify as 1.4 G fireworks, exhibition display pieces, illuminating projectiles, incendiary projectiles, and incendiary grenades;
(ii) smoke projectiles or bombs containing expelling charges but without bursting charges;
(iii) flash powders in inner units not exceeding 2 ounces each, flash sheets in interior packages, and flash powder or spreader cartridges containing an amount not exceeding 72 grains of flash powder each; and
(iv) flash cartridges consisting of a paper cartridge shell, small arms primer, and flash composition, not exceeding 180 grains, all assembled in one piece.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 38A, § 15(b).
In paragraph (2)(iii) of this subsection, the reference to "an amount not exceeding" 72 grains is substituted for the former reference to "containing not over" 72 grains for consistency within this subsection.
The second sentence of former Art. 38A, § 15(b), which stated that the "use of the term '1.3 G fireworks' is based on United States Department of Transportation regulations", is deleted as unnecessary and somewhat inaccurate because the federal regulations do not use the term "1.3 G fireworks" but rather classify similar explosives as "Division 1.3" explosives.
Defined Terms.
"1.4 G fireworks" § 10-101
"Fireworks" § 10-101
(c) 1.4 G fireworks.-
(1) "1.4 G fireworks" means common fireworks designed primarily to produce visible effects by combustion.
(2) "1.4 G fireworks" includes:
(i) small devices containing less than 2 grains of pyrotechnic composition designed to produce an audible effect;
(ii) Roman candles, not exceeding 10 balls, that have a total pyrotechnic composition not exceeding 20 grams and inside tube diameter not exceeding 3/8 inch;
(iii) sky rockets with sticks, that have a total pyrotechnic composition not exceeding 20 grams and an inside tube diameter not exceeding 1/2 inch;
(iv) helicopter-type rockets that have a total pyrotechnic composition not exceeding 20 grams and an inside tube diameter not exceeding 1/2 inch;
(v) wheels that have a total pyrotechnic composition not exceeding 60 grams for each driver unit or 240 grams for each wheel and an inside tube diameter of driver units not exceeding 1/2 inch;
(vi) illuminating torches and colored fire in any form that have a total pyrotechnic composition not exceeding 100 grams each;
(vii) dipped sticks that have a pyrotechnic composition containing any perchlorate not exceeding 5 grams;
(viii) mines or shells in which the mortar is an integral part, that have a total pyrotechnic composition not exceeding 40 grams;
(ix) firecrackers or salutes with casings that have a total pyrotechnic composition not exceeding 2 grains each and external dimensions not exceeding 1 1/2 inches in length or 1/4 inch in diameter; and
(x) novelties that consist of two or more 1.4 G fireworks.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 38A, § 15(c).
In paragraph (2)(ii), (iii), (iv), (viii), and (ix) of this subsection, the former reference to grams "in weight" is deleted as unnecessary.
The second sentence of former Art. 38B, § 15(c), which stated that the "use of the term '1.4 G fireworks' is based on United States Department of Transportation regulations", is deleted as unnecessary and somewhat inaccurate because the federal regulations do not use the term "1.4 G fireworks", but rather classify similar explosives as "Division 1.4" explosives.
Defined Terms.
"Fireworks" § 10-101
"Pyrotechnic composition" § 10-101
(d) Explosive composition.- "Explosive composition" means a mixture or substance that, when ignited, may cause such a generation of highly heated gases that the resulting gaseous pressures are capable of producing destructive effects on contiguous objects.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 38A, § 15(e).
(e) Finishing and assembling building.- "Finishing and assembling building" means a structure in which fireworks are assembled and packed but are not mixed or pressed.
Revisor's Note.
This subsection formerly was Art. 38A, § 15(g).
The former reference to a "building" is deleted as included in the reference to a "structure".
The only other changes are in style.
Defined Terms.
"Fireworks" § 10-101
(f) Fireworks.-
(1) "Fireworks" means combustible, implosive or explosive compositions, substances, combinations of substances, or articles that are prepared to produce a visible or audible effect by combustion, explosion, implosion, deflagration, or detonation.
(2) "Fireworks" includes 1.3 G fireworks, 1.4 G fireworks, firecrackers, squibs, rockets, Roman candles, fire balloons, and signal lights.
(3) "Fireworks" does not include:
(i) toy pistols, toy canes, toy guns, or other devices that use paper caps that contain 0.25 grains or less of explosive composition if the devices are constructed so that a hand cannot touch the cap when the cap is in place for use;
(ii) toy pistol paper caps that contain less than 0.20 grains of explosive composition;
(iii) sparklers that do not contain chlorates or perchlorates;
(iv) ground-based sparkling devices that are nonaerial and nonexplosive, and are labeled in accordance with the requirements of the U.S. Consumer Product Safety Commission;
(v) paper wrapped snappers that contain less than 0.03 grains of explosive composition; or
(vi) ash-producing pellets known as "snakes" that do not contain mercury and are not regulated by the U. S. Department of Transportation.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 38A, § 15(a).
In paragraph (1) of this subsection, the former phrase "the purpose of" is deleted as surplusage.
In paragraph (2) of this subsection, the references to "1.3 G fireworks" and "1.4 G fireworks" are added for clarity.
In paragraph (3)(i) and (ii) of this subsection, the defined term "explosive composition" is substituted for the former references to "explosive compound" and "explosive mixture" for consistency within this paragraph.
In paragraph (3)(i) of this subsection, the reference to the "devices" that are constructed is added for clarity.
Also in paragraph (3)(i) of this subsection, the reference to not being able to "touch" the cap is substituted for the former reference to not being able to "come in contact with" the cap for brevity.
Defined Terms.
"1.3 G fireworks" § 10-101
"1.4 G fireworks" § 10-101
"Explosive composition" § 10-101
(g) Fireworks plant.-
(1) "Fireworks plant" means land and any building on the land used in connection with the manufacture, packaging, repackaging, or processing of fireworks.
(2) "Fireworks plant" includes a storage building used in connection with plant operation.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 38A, § 15(f).
In paragraph (1) of this subsection, the former reference to "all" lands is deleted as surplusage.
Also in paragraph (1) of this subsection, the reference to buildings "used in connection with" is substituted for the former reference to buildings "used for or in connection with" for brevity. Similarly, in paragraph (2) of this subsection, the reference to a building "used in connection with" is substituted for the former reference to buildings "used with or in connection with".
Defined Terms.
"Fireworks" § 10-101
"Storage building" § 10-101
(h) Mixing building.- "Mixing building" means a building primarily used to mix and blend pyrotechnic composition other than wet sparkler mixes.
Revisor's Note.
This subsection formerly was Art. 38A, § 15(i).
The only changes are in style.
Defined Terms.
"Pyrotechnic composition" § 10-101
(i) Press building.- "Press building" means a building used primarily for pressing or loading pyrotechnic composition into tubes or containers.
Revisor's Note.
This subsection formerly was Art. 38A, § 15(h).
The defined term "pyrotechnic composition" is substituted for the former reference to pyrotechnic "powder" for consistency.
The only other changes are in style.
Defined Terms.
"Pyrotechnic composition" § 10-101
(j) Pyrotechnic composition.- "Pyrotechnic composition" means a chemical mixture that on burning and without explosion produces visible or brilliant displays, bright lights, or whistles.
Revisor's Note.
This subsection formerly was Art. 38A, § 15(d).
The only changes are in style.
(k) Storage building.- "Storage building" means a structure in which finished fireworks or fireworks in any state of processing are stored, but in which processing or manufacturing is not performed.
Revisor's Note.
This subsection is new language derived without substantive change from the first sentence of former Art. 38A, § 15(j).
The former reference to a "building ... or facility" is deleted as included in the comprehensive reference to a "structure".
As to the revision of the second sentence of former Art. 38A, § 15(j), see § 10-204(a) of this title.
Defined Terms.
"Fireworks" § 10-101
[An. Code 1957, art. 38A, § 15(a)-(j); 2003, ch. 5, § 2.]