§ 14-410. (Effective until February 1, 2010) Manufacture, sale and use of pyrotechnics prohibited; exceptions; sale to persons under the age of 16 prohibited.
Article 54.
Sale, etc., ofPyrotechnics.
§ 14‑410. (Effectiveuntil February 1, 2010) Manufacture, sale and use of pyrotechnics prohibited;exceptions; sale to persons under the age of 16 prohibited.
(a) It shall beunlawful for any individual, firm, partnership or corporation to manufacture,purchase, sell, deal in, transport, possess, receive, advertise, use or causeto be discharged any pyrotechnics of any description whatsoever within theState of North Carolina: provided, however, that it shall be permissible forpyrotechnics to be exhibited, used or discharged at concerts or publicexhibitions, such as fairs, carnivals, shows of all descriptions and publiccelebrations: provided, further, that the use of said pyrotechnics inconnection with concerts or public exhibitions, such as fairs, carnivals, showsof all descriptions and public celebrations, shall be under supervision ofexperts who have previously secured written authority from the board of countycommissioners of the county, or the city if authorized under G.S. 14‑413(a1),in which said pyrotechnics are to be exhibited, used or discharged. Writtenauthority from the board of commissioners or city is not required, however, fora concert or public exhibition authorized by The University of North Carolinaor the University of North Carolina at Chapel Hill and conducted on lands orbuildings in Orange County owned by The University of North Carolina or theUniversity of North Carolina at Chapel Hill, but such exhibition, use, ordischarge of pyrotechnics shall be under supervision of experts who havepreviously secured written authority from The University of North Carolina orthe University of North Carolina at Chapel Hill. Notwithstanding any provisionof this section, it shall not be unlawful for a common carrier to receive,transport, and deliver pyrotechnics in the regular course of its business. Therequirements of G.S. 14‑413(b) and G.S. 14‑413(c) apply to thissection.
(b) Notwithstanding theprovisions of G.S. 14‑414, it shall be unlawful for any individual, firm,partnership, or corporation to sell pyrotechnics as defined in G.S. 14‑414(2),(3), (4)c., (5), or (6) to persons under the age of 16. (1947, c. 210, s. 1; 1993(Reg. Sess., 1994), c. 660, s. 3; 1995, c. 475, s. 1; 2003‑298, s. 2; 2007‑38,s. 1.)
§ 14‑410. (EffectiveFebruary 1, 2010) Manufacture, sale and use of pyrotechnics prohibited;exceptions; permit required; sale to persons under the age of 16 prohibited.
(a) Except as otherwiseprovided in this section, it shall be unlawful for any individual, firm,partnership or corporation to manufacture, purchase, sell, deal in, transport,possess, receive, advertise, use, handle, exhibit, or discharge anypyrotechnics of any description whatsoever within the State of North Carolina.
(a1) It shall bepermissible for pyrotechnics to be exhibited, used, handled, manufactured, ordischarged within the State, provided all of the following apply:
(1) The exhibition, use,or discharge is at a concert or public exhibition.
(2) All individuals whoexhibit, use, handle, or discharge pyrotechnics in connection with a concert orpublic exhibition have completed the training required under G.S. 58‑82A‑2and are under the direct supervision and control of a display operator whoholds a display operator permit issued by the State Fire Marshal under G.S. 58‑82A‑3.The display operator must be present at the concert or public exhibition andmust personally direct all aspects of exhibiting, using, handling, ordischarging the pyrotechnics.
(3) The display operatorhas secured written authority under G.S. 14‑413 from the board of countycommissioners of the county, or the city if authorized under G.S. 14‑413(a1),in which the pyrotechnics are to be exhibited, used or discharged. Writtenauthority from the board of commissioners or city is not required under thissubdivision for a concert or public exhibition provided the display operatorhas secured written authority from The University of North Carolina or theUniversity of North Carolina at Chapel Hill under G.S. 14‑413, andpyrotechnics are exhibited on lands or buildings in Orange County owned by TheUniversity of North Carolina or the University of North Carolina at ChapelHill.
(a2) Notwithstanding anyprovision of this section, it shall not be unlawful for a common carrier toreceive, transport, and deliver pyrotechnics in the regular course of itsbusiness.
(a3) The requirements ofthis section apply to G.S. 14‑413(b) and G.S. 14‑413(c).
(b) Notwithstanding theprovisions of G.S. 14‑414, it shall be unlawful for any individual, firm,partnership, or corporation to sell pyrotechnics as defined in G.S. 14‑414(2),(3), (4)c., (5), or (6) to persons under the age of 16.
(c) The followingdefinitions apply in this Article:
(1) Concert or publicexhibition. A fair, carnival, show of any description, or public celebration.
(2) Display operator. Anindividual issued a display operator permit under G.S. 58‑82A‑3.
(3) State Fire Marshal. Defined in G.S. 58‑80‑1. (1947, c. 210, s. 1; 1993 (Reg. Sess., 1994), c. 660,s. 3; 1995, c. 475, s. 1; 2003‑298, s. 2; 2007‑38, s. 1; 2009‑507,s. 1.)