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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
(2)
other on the base by a distance of at least 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)
(3)
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 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, highdensity 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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