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227.702 Consumer fireworks defined.
As used in KRS 227.700 to 227.750, "consumer fireworks" means fireworks that are
suitable for use by the public, designed primarily to produce visible effects by
combustion, and that comply with the construction, chemical composition, and
labeling regulations of the United States Consumer Product Safety Commission. The
types, sizes, and amount of pyrotechnic contents of these devices are limited as
enumerated in this section. Some small devices designed to produce audible effects
are included, such as whistling devices, ground devices containing fifty (50) mg. or
less of explosive composition, and aerial devices containing one hundred thirty (130)
mg. or less of explosive composition. Consumer fireworks are further defined by the
Consumer Product Safety Commission in CPSC, 16 C.F.R. pts. 1500 and 1507, are
classified as Division 1.4G explosives by the United States Department of
Transportation, and include the following:
(1) Ground and hand-held sparkling devices.
(a) Dipped stick-sparkler or wire sparkler. These devices consist of a metal
wire or wood dowel that has been coated with pyrotechnic composition.
Upon ignition of the tip of the device, a shower of sparks is produced.
Sparklers may contain up to one hundred (100) grams of pyrotechnic
composition per item. Those devices containing any perchlorate or
chlorate salts may not exceed five (5) grams of pyrotechnic composition
per item. Wire sparklers which contain no magnesium and which contain
less than one hundred (100) grams of composition per item are not
included in this category, in accordance with DOT regulations;
(b) Cylindrical fountain. Cylindrical tube containing not more than
seventy-five (75) grams of pyrotechnic composition. Upon ignition, a
shower of colored sparks, and sometimes a whistling effect or smoke, is
produced. This device may be provided with a spike for insertion into the
ground (spike fountain), a wood or plastic base for placing on the ground
(base fountain), or a wood or cardboard handle, if intended to be
hand-held (handle fountain). When more than one (1) tube is mounted on
a common base, total pyrotechnic composition may not exceed two
hundred (200) grams, or five hundred (500) grams if the tubes are
separated from each other on the base by a distance of at least one-half
(1/2) inch;
(c) Cone fountain. Cardboard or heavy paper cone containing up to fifty (50)
grams of pyrotechnic composition. The effect is the same as that of a
cylindrical fountain. When more than one (1) cone is mounted on a
common base, the total pyrotechnic composition may not exceed two
hundred (200) grams, or five hundred (500) grams if the tubes are
separated from each other on the base by a distance of at least one-half
(1/2) inch;
(d) Illuminating torch. Cylindrical tube containing up to one hundred (100)
grams of pyrotechnic composition. Upon ignition, colored fire is produced.
May be spike, base or hand-held. When more than one (1) tube is
mounted on a common base, total pyrotechnic composition may not
exceed two hundred (200) grams, or five hundred (500) grams if the tubes
are separated from each other on the base by a distance of at least
(2)
one-half (1/2) inch;
(e) Wheel. A device attached to a post or tree by means of a nail or string. A
wheel may have one (1) or more drivers, each of which may contain not
more than sixty (60) grams of pyrotechnic composition. No wheel may
contain more than two hundred (200) grams total pyrotechnic
composition. Upon ignition, the wheel revolves, producing a shower of
color and sparks and, sometimes, a whistling effect;
(f) Ground spinner. Small device containing not more than twenty (20)
grams of pyrotechnic composition, similar in operation to a wheel but
intended to be placed on the ground and ignited. A shower of sparks and
color is produced by the rapidly spinning device;
(g) Flitter sparkler. Narrow paper tube attached to a stick or wire and filled
with not more than one hundred (100) grams of pyrotechnic composition
that produces color and sparks upon ignition. The paper at one (1) end of
the tube is ignited to make the device function; and
(h) Toy smoke device. Small plastic or paper item containing not more than
one hundred (100) grams of pyrotechnic composition that, upon ignition,
produces white or colored smoke as the primary effect;
Aerial devices.
(a) Sky rockets and bottle rockets. Cylindrical tube containing not more than
twenty (20) grams of pyrotechnic composition. Sky rockets contain a
wooden stick for guidance and stability and rise into the air upon ignition.
A burst of color or noise or both is produced at the height of flight;
(b) Missile-type rocket. A device similar to a sky rocket in size, composition,
and effect that uses fins rather than a stick for guidance and stability;
(c) Helicopter, aerial spinner. A tube containing up to twenty (20) grams of
pyrotechnic composition. A propeller or blade is attached, which, upon
ignition, lifts the rapidly spinning device into the air. A visible or audible
effect is produced at the height of flight;
(d) Roman candles. Heavy paper or cardboard tube containing 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;
(e) Mine, shell. Heavy cardboard or paper tube usually attached to a wood or
plastic base and containing up to sixty (60) grams of total chemical
composition (lift charge, burst charge, and visible or audible effect
composition). Upon ignition, "stars," components producing reports
containing up to one hundred thirty (130) milligrams of explosive
composition per report, or other devices are propelled into the air. The
term "mine" refers to a device with no internal components containing a
bursting charge, and the term "shell" refers to a device that propels a
component that subsequently bursts open in the air. A mine or shell
device may contain more than one (1) tube provided the tubes fire in
sequence upon ignition of one (1) external fuse. The term "cake" refers to
a dense-packed collection of mine or shell tubes. Total chemical
composition including lift charges of any multiple tube devices may not
(3)
exceed two hundred (200) grams. The maximum quantity of lift charge in
any one (1) tube of a mine or shell device shall not exceed twenty (20)
grams, and the maximum quantity of break or bursting charge in any
component shall not exceed twenty-five percent (25%) of the total weight
of chemical composition in the component. The tube remains on the
ground; and
(f) Aerial shell kit, reloadable tube. A package kit containing a cardboard,
high-density polyethylene (HDPE), or equivalent launching tube with
multiple-shot aerial shells. Each aerial shell is limited to a maximum of
sixty (60) grams of total chemical composition (lift charge, burst charge,
and visible or audible effect composition), and the maximum diameter of
each shell shall not exceed one and three-fourths (1-3/4) inches. In
addition, the maximum quantity of lift charge in any shell shall not exceed
twenty (20) grams, and the maximum quantity of break or bursting charge
in any shell shall not exceed twenty-five percent (25%) of the total weight
of chemical composition in the shell. The total chemical composition of all
the shells in a kit, including lift charge, shall not exceed four hundred
(400) grams. The user lowers a shell into the launching tube, at the time
of firing, with the fuse extending out of the top of the tube. After the firing,
the tube is then reloaded with another shell for the next firing. All
launching tubes shall be capable of firing twice the number of shells in the
kit without failure of the tube. Each package of multiple-shot aerial shells
must comply with all warning label requirements of the Consumer Product
Safety Commission; and
Audible ground devices.
(a) Firecrackers, salutes. Small paper-wrapped or cardboard tube containing
not more than fifty (50) mg. of pyrotechnic composition. Those used in
aerial devices may contain not more than one hundred thirty (130)
milligrams of explosive composition per report. Upon ignition, noise and a
flash of light is produced; and
(b) Chaser. Small paper or cardboard tube that travels along the ground
upon ignition. A whistling effect, or other noise, is often produced. The
explosive composition used to create the noise may not exceed fifty (50)
mg.
Effective:March 16, 2011
History: Amended 2011 Ky. Acts ch. 66, sec. 3, effective March 16, 2011. -Created 1982 Ky. Acts ch. 436, sec. 2, effective July 15, 1982.
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