CHAPTER 31

FIREWORKS

SECTION F-3101.0

F-3101.1 SCOPE: The manufacture, display, sale or discharge of fireworks shall comply with the provisions of this chapter.

 F-3101.2 Deleted

 SECTION F-3102.0 DEFINITIONS

 F-3102.1 GENERAL: The following words and terms shall, for the purpose of this chapter and as stated elsewhere in this code, have the meaning shown herein.

 FIREWORKS: Fireworks include any combustible or explosive composition, and any substance and combination of substances and articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation. Fireworks shall include blank cartridges, toy pistols, toy cannons, toy canes and toy guns in which explosives are utilized; balloons requiring fire underneath to propel the balloon; firecrackers, torpedoes, skyrockets, Roman candles, sparklers and other devices of similar construction; any device containing any explosive or flammable compound; and any tablets and other devices containing any explosive substance.

            The term “fireworks” shall not include automobile flares, paper caps containing not more than an average of 0.25 grain (16 mg) of explosive content per cap, and toy pistols, toy canes toy guns and other devices utilizing such caps. The sale and utilization of the types of explosive device listed herein which are not considered fireworks shall be permitted at all times.

 SECTION F -3103.0 SALE AND DISCHARGE

 F-3103.1 GENERAL: The rules and regulation for fireworks shall be in accordance with NFPA 1123, 1124 and 1126 listed in Chapter 44.

 F-3103.2 VIOLATIONS: A person shall not manufacture, store, offer or expose for sale, sell at retail or discharge any fireworks, except for the approved supervised display of fireworks.

 F-3103.3 MUNICIPAL RESOLUTION: The governing body of any municipality may, upon application in writing accompanied by proof of proper insurance coverage, grant permission by resolution, for the public display of fireworks by municipalities, religious, fraternal or civic organization, fair associations, amusement parks, or other organizations or groups of individuals, approved by the governing body of such municipality to whom the application is made. After such permission shall have been granted, and a permit shall have been issued by the fire official/marshal, pursuant to N.J.A.C. 5:18-2.7, the possession and use of fireworks for such display shall be lawful for that purpose only.

 F-3103.3.1 APPLICATION: Application for permits for display or discharge shall e made in writing at least 15 days in advance of the date of the display or discharge or fireworks. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein. All applications for permits shall set forth the date, the hour the place of making such display, and the place for storing of fireworks prior to the display. The application shall also contain the names of the person, persons, firm partnership, corporation, association, or group of individuals making the display, and the name of the person or persons in charge of the igniting, firing, setting-off, exploding or causing to be exploded such fireworks. The location of the storage place shall be subject to the approval of the fire official/marshal of the jurisdiction.

 F-3103.3.3 DISPLAY: Approved displays shall be handled by an approved competent operator, and the fireworks shall be arranged, located discharged and fired in a manner that will not be a hazard to property or endanger any person.

 F-3103.3.3 DISPOSAL OF UNFIRED FIREWORKS: Unfired fireworks and trash remaining after the display is concluded shall be immediately disposed of in an approved, safe manner.

 F-3103.4 INSURANCE: The governing body of the municipality shall require insurance in a sum not less than $500,000 conditioned for the payment of all damages, which may be caused either to a person or persons or to property, by reason of the display so as aforesaid permitted, and arising from any acts of the permit holder, his agents, employees, or subcontractors. Such surety shall run to the municipality in which the permits granted, and shall be for the use and benefit of any person, persons, or the owner or owners of any property so damaged, who is or are authorized to maintain an action thereon, or his or their heirs, executors, administrators, successors, successors or assigns.

 F-3103.5 SALE OF FIREWORKS: Any resident wholesaler, dealer or jobber shall not be prohibited form selling at wholesale such fireworks as are not herein prohibited, or the sale of any fireworks under any one of the following conditions:

1. Fireworks shipped directly out of state.
2. Fireworks utilized by railroads or other transportation agency for signal purposes or illuminations.
3. Blank cartridges utilized for a show or theater.
4. Fireworks utilized for signal or ceremonial purposes at athletic events.
5. Fireworks utilized by the military.

The storage of fireworks by such wholesalers, dealers and jobbers shall comply with Section F-3004.0.

 F-3103.6 SEIZURE OF FIREWORKS: The fire official/marshal shall seize, take, remove or cause to be removed at the expense of the owner, all fireworks offered or exposed for display or sale, stored or held in violation of this chapter.

 F-3103.7 PROXIMATE AUDIENCE DISPLAYS: The use of what are technically known as fireworks showers, or of any composition containing potassium and sulfur, in theaters or public halls shall be subject to prior approval by the fire official/marshal and the following conditions shall apply:

1. Fireworks shall be discharged and operated in accordance with manufactures directions and specifications.
2. The owner/operator shall provide a full demonstration to the fire official prior to final operation.
3. Fireworks shall be discharged so as not to endanger the public by escape of any hot particles from the stage area.
4. A fire watch, with proper extinguishing equipment as approved by the fire official/marshal, shall be maintained during the operation at both sides of the stage area.